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HomeMy WebLinkAboutFIFD Ramp Improvements 'I. • : M` .f. .fly {i: Y y{.. n:. f~. M' L1 m i :1.. 5; No. 9R-1 nn\ is $715,000 ~ UNITED STATES OF AMERICA ~ ` ~'i STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD VARIOUS PURPOSES BOND ANTICIPATION NOTE-2012 PRINCIPAL SUM: SEVEN HUNDRED FIFTEEN THOUSAND DOLLARS ($715,000) INTEREST RATE: forty hundredths of one per centum (0.40%) per annum DATE OF ISSUE: April 12, 2012 MATURITY DATE: April 11, 2013 The Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York, hereby - ' acknowledges itself indebted and for value received promises to pay to Suffolk County National Bank, Riverhead, New York, , i ~t: the registered owner hereof the PRINCIPAL SOM (stated above) on the MATURITY DATE (stated above), together with =J1 ' interest thereon from the DATE OF ISSUE (stated above) at the INTEREST RATE (stated above), payable at maturity. Both °'T, i, principal of and interest on this Note will be paid in lawful money of the United States of America, at Suffolk County National Bank, Riverhead, New York Both principal of and interest on this Note shall be payable only to the registered owner, his legal representatives, w' written transfer ~i successors or Vansferees. This Note shall be transferable only upon presentation to such registered owner rth a of title and such Town Clerk shall thereupon register this Note in the name of the transferee in his books and shall endorse a certificate of such registration hereon. Such transfer shall be dated, and signed by the registered owner, or his legal , representatives, and it shall be duly acknowledged or proved, or in the alternative the signature thereto shall be certified as ro its a, genuineness by an officer of a bank or trnst company located and authorized to do business in this State. , ` i, This Note is the only Note of an authorized renewal issue, the principal amount of which is $715,000. ' i This Note is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, three bond resolutions duly adopted by the Town Board on their respective dates, authorizing the issuance of serial bonds for various u oses in and for the Town and the Certificate of Determination executed b the Y P rP = Supervisor on April 12, 2012. r~' ~ This No[e has been designated by the Town as a qualified [ax-exempt obligation pursuant to the provisions of i Section 265 of the Internal Revenue Code of ] 986, as amended. The faith and credit of such Town are hereby irrevocably pledged for the punctual payment of the principal of and - interest on this Note according [o its terms. It is hereby certified and recited [hat all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent [o and in the issuance of this Note, exist, have happened and have been performed, and [hat this Note, together with all other indebtedness of - such Town, is within every debt and other limit prescribed by the Constitution of such State. , I ~ + IN WITNESS WHEREOF, the Town of Southold has caused this Note to be signed by its Supervisor, and its 11" 4.: corporate seal (or a facsimile thereof) to be affixed, impressed, imprinted or otherwise reproduced hereon and attested by its Town Clerk and this Note to be dated as of the DATE OF ISSUE. ti. TO OFSOUTHOLD - PAI D SEAL ( ) APR 1 1 2013 By Supervisor ATTEST: ThbSuffdk County Natiorlsi en1fl gINERhIEAD, MEW YONK - Town Clerk ~r'~: 'i, i N _ n ~ I _ - u r _ ~ ~ . . . - , ii ~ - 4. ~ I~~i~~ ~ ~ ~~i/11 SUFFOLK COUNTY N P110NI1L 9PNIt April 12, 2013 AP,R 2 ~ 2013 Town of Southold -Town Hall John Cushman, Comptroller . P.O. Box 1179 Southold, NY 11971 Re' Town of Southold-Various Purposes Bond 2012 Maturity Dear Mr. Cushman: Enclosed please find the following cancelled note(s), paid in full by Town of Southold: $ 715,000.00 Town of Southold 0.40% due 04/11/2013 If we can be of assistance in the future please let us know. Sincerely, ~G%'r'""'7 Steven Karaman Treasurer :siw Enclosure c~~a~l~;rin/ ~~Cx~ ~%l~ea~~~ ONE CHASE MANHATTAN PLAZA RECEIVED NEW YORK, NY 10005 WWW HAWKINS.COM April 11, 2013 APR 1 9 20}3 The Town Boazd of the Town of Southold, in the Southold Town Clerk County of Suffolk, New York Ladies and Gentlemen: We have examined a record of proceedings relating to the authorization, sale and issuance of the $1,058,000 Various Purposes Bond Anticipation Note-2013 (the "Note") of the Town of Southold (the "Town"), in the County of Suffolk, a municipal corporation of the State of New York. The Note is dated April 11, 2013, matures April 10, 2014, is a single note in the denomination of $1,058,000, is numbered 3R-l, beazs interest at the rate of 0.47% per annum, payable at maturity, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, three bond resolutions duly adopted and amended by the Town Boazd on their respective dates, authorizing the issuance of serial bonds for vazious purposes in and for the Town and the Certificate of Determination executed by the Supervisor on April 1 I, 2013. The Note is a temporary obligation issued in anticipation of the sale of permanent serial bonds. The Note is issued in fully registered form, in the name of Cede & Co., as Noteowner and nominee for The Depository Trust Company, an automated depository for securities and clearing house for securities transactions. Purchases of ownership interests in the Note will be made in book-entry form, in denominations of $5,000 or any integral multiple thereof. In our opinion, the Note is a valid and legally binding general obligation of the Town for which the Town has validly pledged its faith and credit and, unless paid from other sources, all the taxable real property within the Town is subject to the levy of ad valorem real estate taxes to pay the Note and interest thereon, subject to certain statutory limitations imposed by Chapter 97 of the Laws of 2011. The enforceability of rights or remedies with respect to such Note may be limited by bankruptcy, insolvency, or other laws affecting creditors' rights or remedies heretofore or hereafter enacted. The Internal Revenue Code of 1986, as amended (the "Code"), establishes certain requirements that must be met subsequent to the issuance and delivery of the Note in order that interest on the Note be and remain excludable from gross income under Section 103 of the Code. The Supervisor of the Town, in executing the Arbitrage and Use of Proceeds Certificate, has certified to the effect that the Town will comply with the provisions and procedures set forth therein and that it will do and perform all acts and things necessary or desirable to assure that 1254008.1 034513 CLD interest paid on the Note is excludable from gross income under Section 103 of the Code. We have examined the said Arbitrage and Use of Proceeds Certificate of the Town delivered concun•ently with the delivery of the Note, and in our opinion, such certificate contains provisions and procedures under which such requirements can be met. In our opinion, under existing statutes and court decisions and assuming continuing compliance with certain tax certifications described herein, (i) interest on the Note is excluded from gross income for federal income tax purposes pursuant to Section 103 of the Code, and (ii) interest on the Note is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest, however, is included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed upon such corporations. In rendering the opinion in this pazagraph, we have (i) relied on the representations, certifications of fact, and statements of reasonable expectations made by the Town in the said Arbitrage and Use of Proceeds Certificate and other documents delivered in connection with the Note, and (ii) assumed compliance by the Town with certain provisions and procedures set forth in the said Arbitrage and Use of Proceeds Certificate relating to compliance with applicable requirements of the Code to assure the exclusion of interest on the Note from gross income under Section 103 of the Code. Further, in our opinion, under existing statutes, interest on the Note is exempt from personal income taxes of New York State and its political subdivisions, including The City of New York. Except as stated above, we express no opinion regarding any other federal or state tax consequences with respect to the Note. We express no opinion on the effect of any action hereafter taken or not taken in reliance upon an opinion of other counsel on the exclusion from gross income for federal income tax purposes of interest on the Note, or on the exemption from state and local tax of interest on the Note. We render our opinion under existing statutes and court decisions as of the issue date, and we assume no obligation to update, revise or supplement our opinion to reflect any action hereafter taken or not taken, or any facts or circumstances that may hereafter come to our attention, or changes in law or interpretations thereof that may hereafter occur, or for any other reason. We give no assurances as to the adequacy, sufficiency or completeness of any proceedings, reports, correspondence, financial statements or other documents, containing financial or other information relative to the Town, which have been or may hereafter be furnished or disclosed to purchasers of ownership interests in the Note. We have examined the executed Note and, in our opinion, the form of said Note and its execution are regular and proper. Very truly yours, ~'t ~u~~ ~~ccP 1254008.1 034513 CLD 1 r d N 3.. ( 7 • t' ry' p No. 3R-1 $1,058,000 - CUSIP No. 844572 NJ2 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD VARIOUS PURPOSES BOND ANTICH'ATION NOTE-2013 PRINCII'AL SUM: ONE MILLION FIFTY-EIGHT THOUSAND DOLLARS ($1,058,000) INTEREST RATE: forty-seven hundredths of one per centum (0.47%) per annum DATE OF ISSUE: April 11, 2013 MATURITY DATE: April 10, 2014 The Town of Southold, in the Counry of Suffolk, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to CEDE & CO., as nominee of The Depository Tmst Company, the registered owner, or registered assigns, the PRINCIPAL SUM (stated above) on the MATURITY DATE (stated "a above), together with interest thereon from the DATE OF ISSUE (stated above) at the INTEREST RATE (stated above), payable at maturity. Both principal of and interest on this Note will be paid in lawful money of the United States of America (Federal Funds), at the office of the Town Clerk, Town of Southold, 53095 Main Road, Southold, New York Unless this certificate is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. This Note is the only Note of an authorized combined renewal issue, the aggregate principal amount of which is $1,058,000. This Note is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, three bond resolutions duly adopted and amended by the Town Board on their respective dates, authorizing the issuance of serial bonds for various purposes in and for the Town, and the Certificate of Determination executed by the Supervisor as of April 11, 2013. a This Note has been designated by the Town as a qualified tax-exempt obligation pursuant to the provisions of ~ Section 265 of the Internal Revenue Code of 1986, as amended. The faith and credit of such Town are hereby irrevocably pledged for the punctual payment of the principal of and interest on this Note according to its terms. It is hereby certified and recited that all conditions, acts end things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this Note, exist, have happened and have been performed, and that this Note, together with all other indebtedness of such Town, is within every debt and other limit prescribed by the Constitution of such State. r. IN WITNESS WHEREOF, the Town of Southold has caused this Note to be signed by its Supervisor, and its corporate seal (or a facsimile thereof) to be affixed, impressed, imprinted or otherwise reproduced hereon and attested by its Town Clerk and this Note to be dated as of the DATE OF ISSUE. ~A` TOWN OF SOUTHOLD (SEAL) `v r Supervisor S~EG By ATTEST: Town Clerk A N T O L7 `AIR.-11'13~THU) 12:49 DTC FINANCE DEPT TEL:212 898 3486 P. 003 THE DEPOSITORY TRUST COMPANY 55 Water Street New York, New York 10041 SUBJECT TO COUNT Attention: Underwriting Packaging Depamnent AND EXAMINATION Phone: (212) 558-8520 Telecopy: (212)344-1533 SAI+'EKEEPING AGREEMENT Ref: (Description of Issue, number of certificates, number of CUSIPs assigned to issue and $ value of securities) Town of Southold, in the County of Suffolk, New York $1,058,000 Various Purposes Bond Anticipation Nota-2013 dated April I1 2013 maturing April 10 X014 CUS1P IY 844572 NJ2 (ONE CERT~ICATI;) S VALUE $ I OSS 000 The Depository Trust Company (DTC) acknowledges receipt from Flawkins Delafield & Wood LLP (the trustee, transfer agent, underwriter or otLor agent of the issuer, hereafter referred [o as the "Agent") of possession, custody and control of the above securities for safekeeping. DTC jis autharlzed to hold these secwlties in safekeeping untll DTC is instruc[ed by telephone or in writing by one of the below designated representatives of the Agent either to: (1) deliver the securities by book-entry to the DTC account of the lead underwriter (or to fire DTC account of its clearing agent) or (2) retum the said securities to the Agent. Tn the oven[ DTC is instructed to remrn said securities, DTC shall return the securities to the Agent as soon as prac[icable, but, in any event, no later than dte DTC business day following the day such insUUCdon is received. DTC shall hold the Agent, irs officers end employees, harmless from any liability, loss, damage, and reasonable expense of any kind in wnnection with any loss, damage, theft or destn:etion of any kind of said securities while they are in the possession, custody or control of DTC, its officers or employees ar in the event securities aze released from the control of DTC withom the specific approval of the Agrnt pursuant to this 3afekcapinr Agreement. TNa~°eNx TbeDeposito TrustCompaoy, Title: Title: ' / / V~ Date:, Date: Y///'rty// ,1//~ Authririzad ltepresantative of Trustee/Ageot PRQJT NAME ORGAN17aTI0N ( i 7ELQPHONa NO, PatNT NAME 0 GANIZA770N 7aLF,PtiONENn, PRINT NAME ORGANIZATION ( ) ta18v11GN6 NO DTC accepts authortratioo of cloainYs on the phone number listed below: (212) 855-3752 (212) 8553753 (212)855-3755 (212)855-3754 [255335.1 034513 AGMT Christine Cinquemani From: Myren, Jeffrey [Jeffrey.Myren@capitalone.com] Sent: Thursday, April 11, 2013 11:44 AM To: Christine Cinquemani; John Cushman; Marschhauser, Richard Cc: Chen, Minying; Cosker, Brian Subject: Today's Muni Closing John, Rich and Chris: We were experiencing some trouble with our wire system earlier this morning but everything should be up and running now. I just received confirmation the wire was sent. We are ready to close. Fed Ref 20130411FSQCZ800000777 I apologize for the delay. Jeff Myren Sr. Specialist Treasury Finance & Analytics - Capital Markets Operations 703.720.3149 (land) 703.344.4046 (cell) 703.720.2165 (fax) Jeffrev.MVren(~caoitalone.com C1_Core_G_RGB The information contained in this a-mail is confidential and/or proprietary to Capital One and/or its affiliates. The information transmitted herewith is intended only for use by the individual or entity to which it is addressed. If the reader of this i message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination, distribution, copying or other use of, or taking of any action in reliance upon this information is strictly prohibited. If you have received this communication in error, please contact the sender and delete the material from your computer. z CERTIFICATE OF DETERMINATION BY THE SUPERVISOR RELATIVE TO AUTHORIZATION, SALE, ISSUANCE, FORM AND CONTENTS OF A $1,058,000 VARIOUS PURPOSES BOND ANTICIPATION NOTE-2013 OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK I, Scott A. Russell, Supervisor of the Town of Southold, in the County of Suffolk, New York (herein called the "Town"), HEREBY CERTIFY that pursuant to the powers and duties delegated to me, the chief fiscal officer of the Town, by the Town Board of the Town, pursuant to the bond resolutions duly adopted and amended and as referred to in pazagraphs 1 to 3, inclusive, hereof, and subject to the limitations prescribed in said bond resolutions, I have made the following determinations: 1. A bond anticipation note of the Town in the principal amount of $450,000 shall be issued to renew, in part, the $550,000 bond anticipation note dated April 12, 2012, maturing April 11, 2013, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted July 31, 2001 and amended October 21, 2003, appropriating the amount of $10,500,000, including the amounts of any grants that may be received from the United States and the State of New York for the increase and improvement of the facilities of the Fishers Island Ferry District, in said Town and authorizing the issuance of serial bonds of said Town in the principal amount of not to exceed $4,800,000 to finance that portion of said appropriation for which such grants are not available," duly adopted and amended by the Town Board on the dates therein referred to, and the Certificate of Determination executed by the Supervisor on April 12, 2012, the redemption of said $550,000 note having been provided to the extent of $100,000 from a source other than the proceeds of serial bonds. 2. A bond anticipation note of the Town in the principal amount of $108,000 shall be issued to renew, in part, the $144,000 bond anticipation note dated April 12, 2012, maturing April 11, 2013, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 10, 2010, authorizing the acquisition and installation of equipment for the fuel management system, stating the estimated maximum cost thereof is $230,000, appropriating said amount for such purpose, and authorizing the issuance of $230,000 bonds of said Town to finance said appropriation," duly adopted by the Town Board on the date therein referred to, and the Certificate of Determination executed by the Supervisor on April 12, 2012, the redemption of said $144,000 1254008.1 034513 CLD bond anticipation note having been heretofore provided to the extent of $36,000 from a source other than the proceeds of serial bonds. 3. A bond anticipation note of the Town in the principal amount of $500,000 shall be issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted December 4, 2012, appropriating $861,000 for the increase and improvement of facilities of the Fishers Island Ferry District, including the expenditure of up to $361,000 in available funds of the District to pay a part of said appropriation; and authorizing the issuance of not to exceed $500,000 serial bonds of said Town to finance the balance of said appropriation," duly adopted by the Town Board on the date therein referred to. 4. Said $450,000 note, said $108,000 note and said $500,000 note shall be combined for purposes of sale into a single note issue in the aggregate principal amount of $1,058,000 (hereinafter referred to as the "Note"). 5. The terms, form and details of said Note shall be as follows: Amount and Title: $1,058,000 Various Purposes Bond Anticipation Note- 2013 Dated: April 11, 2013 Matures: April 10, 2014 Number and Denomination: Number 3R-1, at $1,058,000 Interest Rate per annum: 0.47% Place of payment of principal and interest shall be the office of the Town Clerk, Town of Southold, 53095 Main Road, Southold, New York, and the form of note shall be substantially in accordance with the form prescribed by Schedule B,2 of the Local Finance law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, provided that the Note when issued will be (i) registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ("DTC") and (ii) deposited with DTC to be held in trust until maturity. Purchases of ownership interests in the Note will be in book-entry form in denominations of $5,000 or any integral multiple thereof. Beneficial owners of the Note will not receive certificates representing their interests in the Note. Unless the Town determines otherwise, transfers or exchanges of ownership interests in the Note may be accomplished via 1254008.1034513 CLD book-entry transactions only, as recorded through the book-entry system established and maintained by DTC or a successor depository. 6. The amount of bond anticipation notes and serial bonds originally issued pursuant to the bond resolution referred to in pazagraphs 1 to 3, inclusive, hereof, is (I) $4,800,000, (2) $180,000 and (3) $500,000. The amount of bond anticipation notes which will be outstanding after the issuance of the Note, including said Note, will be (1) $450,000, (2) $108,000 and (3) $500,000. 7. The serial bonds authorized pursuant to the resolutions referred to in paragraphs 1 and 3, hereof, are for improvements which aze assessable. The serial bonds authorized pursuant to the resolution referred to in pazagraph 2, hereof, aze for improvements which aze non-assessable. 8. Pursuant to said powers and duties delegated to me, I DO HEREBY AWARD AND SELL said Note to Capital One Bank, N.A., McLean, Virginia, for the purchase price of $1,058,000.00, plus accrued interest, if any, from the date of said Note to the date of delivery thereof, and I FURTHER DETERMINE that said Note beaz interest at the rate of forty-seven hundredths of one per centum (0.47%) per annum, payable at maturity. 9. Said Note shall be executed in the name of the Town by its Supervisor and the corporate seal of the Town or a facsimile thereof shall be affixed, impressed, imprinted or otherwise reproduced thereon and attested by the Town Clerk. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Note hereinabove referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of the 11th day of April, 2013. Supervisor 1254008.1 034513 CLD CLERK'S CERTIFICATE I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Supervisor and the same is a true and complete copy of the Certificate filed with said Town in my office as Town Clerk on or before April 11, 2013, and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Supervisor by the resolutions cited in said Certificate and exercised by the Supervisor has been adopted by said Town Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town as of the 11th day of April, 2013. ~ jJ (SEAL) `L.~ ~,1 U ~o oi~,F`~. Town Clerk 1254008.1 034513 CLD AFFIDAVIT AS TO NO CONFLICT OF INTEREST STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK } Elizabeth A. Neville, being duly sworn upon her oath deposes and says: 1. I am the duly appointed, qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, New York (herein and in Schedule A annexed hereto called the "Town"); 2. That with respect to the contract of sale of the Note of the Town described in the Certificate of Determination executed by the Supervisor on April 11, 2013, to the financial institution indicated in such Certificate, I have made a cazeful inquiry of each officer and employee of the Town having the power or duty to (a) negotiate, prepare, authorize or approve the contract or authorize or approve payment thereunder, (b) audit bills or claims under tkte contract, or (c) appoint an officer or employee who has any of the powers or duties set forth above, as to whether or not such officer or employee has an interest (as defined pursuant to Article 18 of the General Municipal Law) in such contract; 3. That upon information and belief, as a result of such inquiry, no such officer or employee has any such interest in said contract unless otherwise noted in Schedule A annexed hereto and by this reference made a part hereof. ~n Town Clerk Subscribed and sworn to before me this//'~"]jday of April, 2013. ~f~ L ~j~ e=~ly- Notary Public, State of New York JONN A CU$MMAN Notary 9uMic, State of N!w York No. OICU6174322 Qualified in SuHOIk County Commission Expires September 27, 20~{ 1254008.10345]3 CLD SCHEDULE A 1. , is a stockholder of the Purchaser owning or controlling, directly or indirectly, less than five per centum (5%) of the outstanding stock thereof but no disclosure of such interest by said officer is required pursuant to said Law. 2. , has an interest in the Purchaser solely by reason of employment as an officer or employee thereof, but the remuneration of such employment will not be directly affected as a result of said contract and the duties of such employment do not directly involve the procurement, prepazation or performance of any such part of such contract. 3. ,has publicly disclosed the nature and extent of such interest in writing to the governing boazd of the Town. Such written disclosure has been made a part of and set forth in the official record of proceedings of the Town. 1254D08.1 034513 CLD CERTIFICATES AS TO SIGNATURES, LITIGATION, AND DELIVERY AND PAYMENT WE, the undersigned officers of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York (herein referred to as the "Town") HEREBY CERTIFY that on or before April 11, 2013, we officially signed and properly executed by manual signatures a $1,058,000 Various Purposes Bond Anticipation Note-2013 (the "Note") of the Town, registered in the name of Cede & Co., as Noteowner and nominee of The Depository Trust Company ("DTC") and otherwise described in Schedule A annexed hereto and by this reference made a part hereof, and that at the time of such signing and execution and on the date hereof we were and aze the duly chosen, qualified and acting officers of the Town authorized to execute said Note and holding the respective offices indicated by the titles set opposite our signatures hereto for terms expiring on the respective dates set opposite such titles. WE FURTHER CERTIFY that no litigation of any nature is now pending or threatened restraining or enjoining the issuance or delivery of said Note or the levy or collection of any taxes to pay the interest on or principal of said Note, or in any manner questioning the authority or proceedings for the issuance of said Note or for the levy or collection of said taxes, or relating to said Note or affecting the validity thereof or the levy or collection of said taxes, that neither the corporate existence or boundaries of the Town nor the title of any of the present officers thereof to their respective offices is being contested, and that no authority or proceedings for the issuance of said Note has or have been repealed, revoked or rescinded. WE FURTHER CERTIFY that the seal which is impressed upon this certificate has been affixed, impressed, imprinted or otherwise reproduced upon said Note and is the legally adopted, proper and only official corporate seal of the Town. And I, Scott A. Russell, Supervisor, HEREBY FURTHER CERTIFY that on April 11, 2013, I delivered or caused the delivery of said Note to The Depository Trust Company to be held in trust to maturity for Capital One Bank, N.A., McLean, Virginia, the purchaser thereof, and that at the time of such delivery of said Note, the Town received from said purchaser the amount hereinbelow stated, in full payment for such Note, computed as follows: Price ......................................................................................$1,058,000.00 Interest on said Note accrued to the date of such delivery -0- Amount Received ..................................................................$1,058,000.00 1254008.1034513 CLD IN WITNESS WHEREOF, we have hereunto set our hands and said corporate seal has hereunto been affixed this 11th day of April, 2013. Term of Office 'i ature Expires Title December 31, 2015 Supervisor ~~1 December 31, 2013 Town Clerk (SEAL) HEREBY CERTIFY that the signatures of the officers of the above-named Town, which appear above, aze true and genuine and that I know said officers and know them to hold the respective offices set opposite their si atures. John Cushman Town Comptroller 1254008.1 034513 CLD ATTORNEY'S CERTIFICATE I, Martin D. Finnegan, Esq., HEREBY CERTIFY that I am a licensed attorney at law of the State of New York, and am the duly chosen, qualified and acting Town Attorney of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York (herein referred to as the "Town"); that no litigation of any nature is now pending or threatened restraining or enjoining the issuance or delivery of a $1,058,000 Vazious Purposes Bond Anticipation Note-2013 (the "Note") of the Town, registered in the name of Cede & Co., as Noteowner and nominee of The Depository Trust Company ("DTC") and otherwise described as set forth in Schedule A annexed hereto and by this reference made a part hereof or the levy or collection of any taxes to pay the interest on or principal of said Note, or in any manner questioning the authority or proceedings for the issuance of said Note or for the levy or collection of said taxes, or relating to said Note or affecting the validity thereof or the levy or collection of said taxes; that neither the corporate existence or boundazies of the Town nor the title of any of the present officers thereof to their respective offices is being contested; and that no authority or proceedings for the issuance of said Note has or have been repealed, revoked or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand as of the 11th day of April, 2013. own Attorney 1254008.1 034513 CLD SCHEDULE A Amount and Title: $1,058,000 Various Purposes Bond Anticipation Note-2013 Dated: April 11, 2013 Matures: April 10, 2014 Number: 3R-I Interest Rate per annum: 0.47% 1254008.1 034513 CLD ARBITRAGE AND USE OF PROCEEDS CERTIFICATE I, Scott A. Russell, Supervisor of the Town of Southold (the "Issuer"), in the County of Suffolk, New York, HEREBY CERTIFY and reasonably expect with respect to the Issuer's $1,058,000 Various Purposes Bond Anticipation Note-2013 (herein referred to as the "Note"), dated and issued on April 11, 2013, as follows: Unless the context clearly requires otherwise, all capitalized terms not otherwise defined herein shall have the meanings set forth below or in the Resolution, the Code or the Regulations (each as defined below): ARTICLE I General Section 1.1. Authority of Si ng story. I am an officer of the Issuer charged with the responsibility for the execution, delivery, and issuance of the Note and am acting for and on behalf of the Issuer in signing this certificate. Section 1.2. Purpose of Certificate. This certificate is made for the purpose of establishing evidence of the expectations of the Issuer as of the date hereof as to future events regazding the amount and use of proceeds of the Note. It is intended and may be relied upon for purposes of Sections 103 and 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations (the "Regulations"). This certificate is executed and delivered as part of the record of proceedings in connection with the issuance of the Note. The provisions of this certificate constitute a contractual obligation of the Issuer in consideration for the purchase of and payment for the Note by the purchaser(s) thereof. Section 1.3. Reasonable Expectations. This certificate sets forth the facts, estimates and circumstances now in existence which form the basis for the Issuer's expectation that the proceeds of the Note will not be used in a manner that would cause the Note to be an azbitrage bond under Section 148 of the Code or a private activity bond under Sections 103 and 141 of the Code. To the best of my knowledge and belief, such expectation is reasonable and there aze no other facts, estimates or circumstances that would materially change that expectation. Section 1.4. No Composite Issue. No other governmental obligations have been sold fewer than 15 days prior to, or will be sold fewer than 15 days afrer, the sale date of the Note, pursuant to a common plan of financing which are expected to be paid from substantially the same source of funds as the Note. Section 1.5. No Federal Guarantee. The Issuer represents and covenants that, except for the gross proceeds of the Note which are: (a) invested during the temporary period referred to in Article III, (b) held in any refunding escrow, or (c) invested in obligations of the United States Treasury or in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank Act, as amended by Section 511(a) of the Financial Institutions Reform, 1254008.1 034513 CLD Recovery and Enforcement Act of 1989, or any successor provision to Section 21B(d)(3) of the Federal Home Loan Bank Act, as amended: (i) No portion of the payment of principal or interest with respect to the Note is or will be guazanteed directly or indirectly by the United States or any agency or instrumentality thereof (herein "federally guaranteed"); and (ii) No portion of the gross proceeds of the Note in excess of five percent of such gross proceeds is or will be (A) used in making loans the payment of principal or interest with respect to which is to be federally guazanteed, or (B)invested directly or indirectly in federally insured deposits or accounts. Section 1.6. Tax Representation. The Issuer expects to be able to and will comply with all the procedures and provisions set forth herein, and will do and perform all acts and things necessary and desirable within its reasonable control in order to assure that interest paid on the Note shall be excluded from gross income of the owners thereof for the purpose of federal income taxation. Section 1.7. Additional Information. The Issuer will provide such other information as may be required to assure the exclusion from gross income of interest on the Note for federal income taxation purposes. Section 1.8. Non-Purpose Investments. Not more than 50% of the proceeds of the Note aze being invested in investments not acquired to carry out the governmental purposes of the issue at a guaranteed yield and having a term of 4 years or more. Section 1.9. IRS Information Reporting. The Issuer will make a timely filing of the appropriate IRS Form 8038-G or 8038-GC. ARTICLE II Use of Project and Proceeds Section 2. L authorization. (a) The Note is authorized to be issued pursuant to applicable provisions of the laws of the State of New York and three bond resolutions duly adopted and amended by the Town Board on their respective dates (the "Resolutions"), as referred to in the Certificate of Determination executed by the Supervisor on April 11, 2013. (b) For purposes of this Article II the term "proceeds" means the net amount (after payment of all costs and expenses associated with issuing the Note) received by the Issuer from the sale of the Note, excluding accrued interest. Section 2.2. Purpose of Issue The Note is being issued to provide funds for various purposes in and for the Town (the "Projects"), as further described in the Resolutions. 1254008.1 034513 CLD 2.3. Use of Proceeds. A portion of the proceeds of sale of the Note in the amount of $558,000 (the "Current Refunding Note") will be used, together with $157,000 available funds, to redeem a prior issue of bond anticipation notes currently outstanding in the aggregate principal amount of $715,000 (the "Prior Issue"), heretofore issued to finance certain Projects. The balance of the proceeds of sale of the Note in the principal amount of $500,000 (the "New Money Note") will be used to provide original financing for certain new projects (the "New Money Projects"). 2.4. Ownershin/Lease/Sale. The Projects will be owned by the Issuer or another state or local govemmental unit and will not be leased to any person who is not a state or local governmental unit. It will not (except to the extent that any of the projects financed involve grants) be sold or otherwise disposed of, in whole or in part, except for incidental sales of surplus items the proceeds of which will not constitute net operating profits or net capital profits to the Issuer, prior to the maturity date of the Note. 2.5. Private Loans. Not more than the lesser of 5 percent or $5,000,000 of the proceeds of the Note will be used directly or indirectly to make loans to persons other than a governmental unit. 2.6. Private Use. The aggregate amount of proceeds of the Note used directly or indirectly in a trade or business carried on by a person other than a state or local governmental unit ("Private Use"), will not exceed 10% of such proceeds in the event that. more than 10% of the principal or 10% of the interest due on the Note during the term thereof is, under the terms of the Note or any underlying arrangement, directly or indirectly, secured by any interest in property used or to be used for a Private Use or in payments in respect of property used or to be used for a Private Use or is to be derived from payments, whether or not to the Issuer, in respect of property or borrowed money used or to be used for a Private Use. 2.7. Unrelated/Related Disproportionate Use. No more than 5% of the proceeds of the Note will be used directly or indirectly in the trade or business of a person other than a governmental unit that is unrelated or related and disproportionate to the governmental use of the property being financed, including any private loan financing described in Section 2.5 which meets this test. For purposes of this Arbitrage and Use of Proceeds Certificate, proceeds of the Note are allocable to an unrelated Private Use if such use is neither directly nor operationally related to a governmental use and proceeds of the Note are allocable to a disproportionate related Private Use to the extent that the proceeds of the Note which aze to be used to finance property used by a nongovernmental person in a trade or business which is related to the governmental use of the property referred to in Section 2.6 above, exceeds the proceeds of the Note which aze to be used for the govemmental use to which such Private Use relates. 2.8. Other Private Uses Defined. For purposes of Section 2.6 and 2.7, a Private Use consists of any contract or other arrangement including, without limitation, leases, management contracts, guarantee contracts, take or pay contracts, or put or pay contracts, which provides for a use of the Projects by a person or persons who aze not State or local governments on a basis different than the general public. Any management, or operations contract or 1254008.] 034513 CLD agreement which provides for nongovernmental use will provide for reasonable compensation which is in no part based on net profits and will satisfy the provisions of (a), (b) or (c) below: (a) for contracts which provide compensation for each annual period based on a periodic fixed fee, a capitation fee or combination thereof, (i) the contract has a term (including renewal options) not exceeding five yeazs; (ii) the issuer may terminate the contract, without penalty, at the end of any three yeaz period, and (iii) at least 50% of the compensation paid is on a periodic, fixed fee basis; (b) for contracts entered into or materially modified (other than pursuant to a renewal option) after Mazch 15, 1993, which provide compensation based on a per unit fee or a combination per unit and periodic fixed fee, (i) the contract has a term (including renewal options) not exceeding three years; (ii) the issuer may terminate such contract (without penalty) at the end of the second yeaz of the term, and (iii) the amount of the per unit fee is specified in the contract or otherwise limited by the qualified user or a third P~3'; (c) for contracts entered into or materially modified (other than pursuant to a renewal option) after March 15, 1993, which provide compensation based on a percentage of fees charged, (i) the contract has a term (including renewal options) not exceeding two years, (ii) the issuer may terminate the contract (without penalty) at the end of the first yeaz, and (iii) the service provider primarily provides services to third parties or the contract involves a facility during an initial start-up period; (d) For purposes of this Section 2.8: (i) "capitation fee" means a fixed periodic amount paid under a management contract or agreement for each person for whom the service provider assumes the responsibility to provide all needed services for a specified period, provided the quantity and type of services actually provided vary substantially; (ii) "periodic fixed fee" means a stated dollar amount for services rendered during a specified period of time (i.e. $XX per month) which amount may automatically increase according to a specified, objective, external standard; and (iii) "per unit fee" means a stated dollar amount for each unit of service provided (i.e. $XX per medical procedure). 2.9. Pooled Loan Financines. To the extent the amount of proceeds of the Note to be used to make loans to any borrowers (including loans referred to in Section 2.5 above and loans to state or local governmental units) exceeds $5,000,000, at least 95% of the net proceeds of the issue (as defined in Section 150 of the Code but without including proceeds used to finance costs of issuance or capitalized interest) that aze to be used to make loans, will have been used within 3 years of the date hereof to make such loans. The payment of legal and 1254008.1 034513 CLD underwriting costs is not contingent and at least 95% of the reasonably expected legal and underwriting costs associated with issuance will be paid within 180 days of the date hereof. 2.10. Output Facilities. No more than 5% of the proceeds of the Note are to be used with respect to any output facility (other than a facility for the furnishing of water). No more than the lesser of $5,000,000 or 5% of the proceeds of the Note aze to be used (directly or indirectly) for the acquisition of a nongovernmental output facility. ARTICLE III Arbitrage/Rebate Exemption 3.1 Temporary Period-Refunding. With respect to the proceeds of the sale of the Current Refunding Note representing proceeds allocable to the Prior Issue: (a) All of the proceeds of the Prior Issue have been expended, or any such proceeds which have not been expended as of the date hereof, shall become transferred proceeds of this issue. Such transferred proceeds may be invested without restriction as to yield until three years after the date of original issuance of the Prior Issue. If any transferred proceeds remain unexpended after three years after the date of original issuance of the Prior Issue, such proceeds will be invested at a yield not in excess of the yield on the Note. (b) The proceeds of the Note will be used to refund the Prior Issue within 90 days of the date hereof, and may be invested during such time without restriction as to yield. 3.2 Temporary Period-New Money. With respect to the New Money Note: (a) The Issuer has entered into or will enter into within six months from the date of this certificate, binding commitment(s) for the acquisition, construction or accomplishment of the New Money Projects, and the amount of such commitment(s) with respect to such New Money Projects will or do exceed the amount equal to 5% of the New Money Note, being the aggregate amount of obligations currently issued for such New Money Project. (b) Such New Moneys Project have been completed, or, if such New Money Project have not been completed, work on the acquisition, construction or accomplishment of such New Money Projects will proceed or is proceeding with due diligence to completion. (c) It is reasonably expected that at least 85 percent of the net sale proceeds of such New Money Note will be expended within three years from the date of this Certificate. No more than 50 percent of the proceeds of the Note will be invested in nonpurpose investments with a term of four yeazs or more. 33 Rebate. (a) Neither the Prior Issue nor the New Money Note was or is subject to the rebate requirement imposed by Section 148 of the Code because, with respect to each: (i) the Issuer was or is a governmental unit with general taxing powers; 1254008.1 034513 CLD (ii) the Prior Issue/New Money Note did not or does not constitute a "private activity bond" as that term is defined in Section 141 of the Code; (iii) ninety-five percent or more of the net proceeds of the sale of the Prior Issue/New Money Note was or is to be used for local governmental activities of the Issuer; and (iv) the Issuer (including all agencies, instrumentalities and political subdivisions of the Issuer) reasonably expected or expects that the aggregate face amount of all tax-exempt bonds issued by the Issuer during the calendar year in which the Prior Issue was issued and the current calendar yeaz would not or will not exceed $5,000,000. For purposes of such determination, no tax-exempt obligation was or shall be taken into account if it was or is a current refunding obligation issued in the calendaz yeaz in which the Prior Issue/New Money Note (as applicable) was or is being issued which does not exceed the outstanding (redeemed) principal amount of the obligation to be refunded. (b) The Current Refunding Note is not subject to the rebate requirement imposed by Section 148 of the Code because all of the Gross Proceeds of such Current Refunding Note will be expended to pay the Prior Issue within 90 days of the date hereof and will, therefore, qualify for the six-month expenditure exception to rebate. 3.4 No Excess Proceeds. The total proceeds of sale of all bond anticipation notes issued to date for the Project do not exceed the total cost of the Project. 3.5 Source of Repayment Funds. The Note will be paid from taxes and the proceeds of other obligations of the Issuer issued to fund the Note. 3.6 Debt Service Fund. The taxes used to pay principal and interest on the Note, whether or not deposited in a debt service fund, will be expended within 13 months of the date of deposit in such fund, or the date of their accumulation, in the payment of debt service on the Note. Any amounts received from the investment of such deposit or accumulation will be expended within one year of receipt. The debt service fund, if any, will be used to achieve a proper matching of revenues and debt service and will be depleted at least annually except for a reasonable carryover amount which will not exceed the greater of the earnings on such fund for the immediately preceding yeaz or one-twelfth of the debt service on the Note. 3.7 Sinkin Funds. Except for the debt service fund described herein the Issuer has not created or established, and does not expect to create or establish, any sinking fund or other similar fund which the Issuer reasonably expects to use to pay principal or interest on the Note. 1254008.1034513 CLD ARTICLE IV Bank Qualification 4.1 Designation. The Note is hereby designated as a "qualified tax-exempt obligation" pursuant to the provisions of Section 265 of the Code. (a) In making such designation it has been determined with respect to the Current Refunding Note that: (i) the Note currently refunds the Prior Issue; (ii) the Prior Issue was designated as a "qualified tax-exempt obligation"; (iii) the aggregate face amount of the Note does not exceed $10,000,000; (iv) the Prior Issue had a weighted average maturity of 3 years or less; (v) the maturity date of the Note, as measured from the original date of issuance of the notes issued pursuant to the Resolutions, in renewal of which such Note is being issued, does not exceed 30 yeazs; and (vi) not more than $10,000,000 of obligations issued by the Issuer during the calendar year in which the Prior Issue was issued were designated by the Issuer as "qualifiedtax-exempt obligations: ' (b) In making such designation it has been determined with respect to the New Money Note that: (i) the Issuer does not reasonably anticipate that the amount of "qualified tax- exempt obligations" to be issued by the Issuer during the current calendaz year will exceed $10,000,000; and (ii) the amount of "qualified tax-exempt obligations" issued by the Issuer during the current calendar yeaz does not as of this date, and including this issue, exceed $10,000,000. ]254008.1034513 CLD ARTICLE V Post-Issuance Compliance 5.1. Post-Issuance Compliance Procedures. The Town has established Written Procedures concerning post-issuance tax compliance with applicable requirements of federal tax law with respect to the Note, including specification of the official responsible for monitoring compliance with such requirements, and such procedures aze set forth in Attachment A to this Arbitrage and Use of Proceeds Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Town of Southold as of the I 1 th day of April, 2013. (SEAL) Supervisor 1254008.1 034513 CLD ATTACHMENT A PROCEDURES FOR POST-ISSUANCE COMPLIANCE WITH FEDERAL TAX LAW Municipalities that borrow money on atax-exempt basis aze now required to report to the Internal Revenue Service whether they have established written procedures to comply with applicable requirements of federal tax law for all issues of bonds, bond anticipation notes, tax anticipation notes, revenue anticipation notes, fmancing leases, energy performance contract financings, and any other instruments evidencing the borrowing of money (collectively the "Obligations"). The procedures set forth herein will assist the Town of Southold, New York (the "Town") in meeting the post-issuance requirements of federal tax law necessazy to preserve the tax-exempt status of interest ontax-exempt Obligations issued by the Town. These procedures address Obligations such as serial bonds and bond anticipation notes which aze issued to finance physical facilities and equipment (the "Capital Obligations") and Obligations such as tax anticipation notes, revenue anticipation notes, budget notes and deficiency notes which are issued to finance cash-flow operating requirements (the "Cash-Flow Obligations"). LGENERALPROCEDURES A. Responsible Official. The Supervisor (herein referred to as the "Responsible Official") will identify such officers and employee(s), who will be responsible for each of the procedures listed below, and will notify such officers and employee(s) of the responsibilities, and provide those persons with a copy of these procedures. Upon employee transitions, the Responsible Official will advise the new personnel of their responsibilities under these procedures and will ensure they understand the importance of these procedures. If employee positions aze restructured or eliminated, the Supervisor will reassign responsibilities as necessary. 1254008.1 034513 CLD B. Issuance of Obligations. 1. Bond Counsel. The Town will retain a firm of nationally-recognized bond counsel ("Bond Counsel") to deliver a legal opinion in connection with the issuance of all Obligations. The Responsible Official will consult with Bond Counsel and other legal counsel and advisors, as needed, following the issuance of Obligations to ensure that applicable post- issuance requirements are met, so that interest on each issue of Obligations will be excluded from gross income for federal income tax purposes. 2. Documentation of Tax Requirements. The federal tax requirements relating to each issue of Obligations will be set forth in a tax certificate (the "Tax Certificate") executed in connection with each issue of Obligations, which will be included in the closing transcript for each issue of Obligations. The Tax Certificate will contain certifications, representations, expectations and factual statements relating to the restriction on use of the facilities financed with Obligations by persons or entities other than the Town ("Private Use"), changes in use of the facilities financed or refinanced with the proceeds of Obligations, restrictions applicable to the investment of the proceeds of any Obligations and other moneys relating to the Obligations, and azbitrage rebate requirements. The Responsible Official will review the Tax Certificate prior to the date of issue of each issue of Obligations. 3. Information Reporting. In connection with each issue of tax-exempt Obligations, the Town is required to file, or shall cause to be filed by Bond Counsel, an IRS Form 8038-G (or, if applicable, IRS Form 8038-GC). Any such IRS Form filed with the IRS, together with a proof of filing, will be included as part of the closing transcript for each issue of Obligations, or kept in the records maintained by Bond Counsel related to the appropriate issue of Obligations. The Responsible Official shall ascertain that such form has been filed in connection with each issue of Obligations. C. Record Retention. 1. General. Copies of all relevant documents and records sufficient to support that the tax requirements relating to all Obligations have been satisfied, including the following documents and records, shall be maintained by the Town: 1254008.10345]3 CLD (a) Closing transcript; (b) All records of investments, arbitrage reports, returns filed with the IRS and underlying documents; (c) Construction contracts, purchase orders, invoices and expenditure and payment records; (d) Documents relating to costs reimbursed with the proceeds of Capital Obligations; (e) All contracts and arrangements involving Private Use of the property financed with Capital Obligations; (f) All reports relating to the allocation of the proceeds of Obligations and Private Use of property financed with Capital Obligations; (g) Itemization of property financed with the proceeds of Capita] Obligations; and (h) In connection with Cash-Flow Obligations, information regazding the Town's revenue, expenditures and available balances sufficient to support the Town's prospective and actual maximum cumulative cash-flow deficit calculations. 2. Duration of Record Retention. All of the foregoing documents and records shall be retained for the term of the Obligations, plus six (6) yeazs. D. Capital Obli atg ions. 1. Timely Expenditure of Proceeds of Capital Obligations. At the time of issuance of Capital Obligations issued to fund original expenditures, the Town must reasonably expect to spend at least 85% of all proceeds within three (3) years of the date of issuance of the Obligations. In addition, for Capital Obligations, the Town must have incurred or expect to incur within six months afrer original issuance expenditures of not less than 5% of the amount of such proceeds, and must expect to complete the project financed with Capital Obligations (the "Project") and expend the proceeds of such Capital Obligations to pay project costs with due diligence. Satisfaction of these requirements allows the proceeds of Capital Obligations issued 1254008.1 034513 CLD for the Project to be invested at an unrestricted yield for three (3) years. Failure to satisfy these requirements could subject the Town to rebate of investment income, and other penalties. The Responsible Official will monitor the appropriate capital project accounts to ensure that the proceeds of Capital Obligations are spent within the time period(s) required under federal tax law. Capital Obligations issued to refinance outstanding Capital Obligations aze subject to separate expenditure requirements, which shall be outlined in the Tax Certificate relating to such Obligations. In connection with the issuance of any Capital Obligations issued to refinance outstanding Capital Obligations, the Responsible Official will confirm that any rebate obligation due with respect to the original issue and any subsequent refinancing thereof has been met. 2. Use of Proceeds of Capital Obli atg ions. In general, proceeds (including investment income on original sale proceeds) of Capital Obligations, other than proceeds used to pay costs of issuance, must be spent on capital expenditures. For this purpose, capital expenditures generally mean costs to acquire, construct or improve property (land, buildings and equipment). Capital Expenditures include design and planning costs related to the Project, and include architectural, engineering, surveying, soil testing, environmental, and other similar costs incurred in the process of acquiring, constructing, improving or adapting the property. Capital Expenditures do not include operating expenses of the Project. 3. Use of Facilities Financed with Capital Obli atg ions. For the life of all Capital Obligations, the Project must be owned and operated by the Town. At all times while Capital Obligations issued for a Project are outstanding, no more than 5% of the proceeds of such Capital Obligations may used, directly or indirectly, in a trade or business carried on by a person other than a state or local governmental unit ("Private Use"). Generally, Private Use consists of any contract or other arrangement, including any lease, management contract (for example, a contract relating to the operation of a Town recreational area or concessions in a Town pazk, water and sewer facilities or docks, if any), operating agreement and guazantee contract which provides for use of the facilities financed with Capital Obligations by any person who is not a state or local government on a basis different than the general public. The Project may be used by any person or entity, including any person or entity carrying on any trade or business, if such 1254008.1 034513 CLD use constitutes "General Public Use". General Public Use is any arrangement providing for use that is available to the general public at either no change or on the basis of rates that aze generally applicable and uniformly applied. 4. Management or Operating_Agrreements for Facilities Financed with Capital Obli ations. Any management, operating or service contracts whereby anon-exempt entity is using facilities financed or refinanced with the proceeds of Capital Obligations must relate to portions of the Project that fit within the above-mentioned 5% allowable Private Use, or the contracts must meet the IRS safe harbor for management contracts (Rev. Proc. 97-13). Any renewals of or changes to such contracts must be reviewed by Bond Counsel. The Responsible Official shall contact Bond Counsel if there may be a lease, sale, disposition or other change in use of facilities financed or refinanced with the proceeds of Capital Obligations. E. Cash-Flow Obli atg ions. 1. Proper Sizing of Cash-Flow Obli ations. (a) If the Town does not qualify for the small issuer exemption from rebate, at the time of issuance of Cash-Flow Obligations, the Town must reasonably expect that it will incur an actual cumulative cash-flow deficit during the six-month period following the issue date of the Cash-Flow Obligations. The deficit must be at least 90% of the issue price of the Cash-Flow Obligations. (b) If the Town does qualify for the small issuer exemption from rebate, at the time of issuance of Cash-Flow Obligations, the Town must reasonably expect that it will incur an actual cumulative cash-flow deficit during the twelve-month period following the issue date of the Cash-Flow Obligations. The deficit must be at least 100% of the issue price of the Cash- Flow Obligations (which may include taking into account the Town's "reasonably required working capital reserve"). (c) The Responsible Official will determine the appropriate amount of Cash-Flow Obligations to issue. ]254008.1034513 CLD (d) In any yeaz in which the Town does not qualify for the small issuer exemption from rebate, the Responsible Official shall determine whether or not the Town has met its requisite cumulative cash-flow deficit requirement within six months following the date of issuance of the Cash-Flow Obligations, and shall, to the extent necessazy, obtain assistance from the Arbitrage Rebate Consultant, referred to below. F. Investment Restrictions: Arbitrage Yield Calculation; Rebate. 1. Investment Restrictions. Investment restrictions relating to the proceeds of Obligations and other moneys relating to the Obligations are set forth in the Tax Certificate. The Responsible Official will monitor the investment of the proceeds of Obligations to enswe compliance with yield restriction rules. 2. Arbitra e Yield Calculation. Investment earnings on the proceeds of Obligations shall be tracked and monitored to comply with applicable yield restrictions and/or rebate requirements. The Town is responsible for calculating (or causing the calculation of) rebate liability for each issue of Obligations, and for making any required rebate payments. Any funds of the Town set aside or otherwise pledged or earmarked to pay debt service on the Obligations should be analyzed to asswe compliance with the tax law rules on arbitrage, invested sinking funds and pledged funds (including gifts or donations linked to facilities financed with Capital Obligations). The Responsible Official will consult with Bond Counsel to confirm that all relevant azbitrage yield requirements are met. 3. Rebate. On or before the date of any required rebate payment (see below), the Town will retain a nationally recognized arbitrage rebate consultant (the "Arbitrage Rebate Consultant") to perform rebate calculations that may be required to be made from time to time with respect to any issue of Obligations. The Responsible Official shall be responsible for providing the Arbitrage Rebate Consultant with requested documents and information on a prompt basis, reviewing applicable rebate reports and other calculations and generally interacting with the Arbitrage Rebate Consultant to enswe the timely preparation of rebate reports and payment of any rebate. 1254008.1 034513 CLD - - The reports and calculations provided by the Arbitrage Rebate Consultant will assure compliance with rebate requirements, which require the Town to make rebate payments, if any, no later than the fifth anniversary date and each fifth anniversary date thereafter through the final maturity or redemption date of a Capital Obligation. A final rebate payment, if due, must be made within sixty (60) days of the final maturity or redemption date of all Obligations. Rebate spending exceptions for Capital Obligations are available for periods of 6 months, 18 months and 2 yeazs. The Responsible Official will confer and consult with the Arbitrage Rebate Consultant to determine whether any rebate spending exception may be met. In the case of Cash-Flow Obligations, within 60 days of the maturity date of such Cash- Flow Obligations, if there is concern as to whether the Town has met its requisite maximum cumulative cash-flow deficit, the Arbitrage Rebate Consultant shall be promptly consulted to determine whether either the six-month spending exception or the statutory safe hazbor exception to the rebate roles was met (in which case no rebate would be owed) or whether the investment income derived from the proceeds of the Cash-Flow Obligations is subject, in whole or in part, to rebate. Copies of all azbitrage rebate reports, related return filings with the IRS (i. e., IRS Form 8038-T), copies of cancelled checks with respect to any rebate payments and information statements must be retained as described above. The Responsible Official will follow the procedures set forth in the Tax Certificate relating to compliance with the rebate requirements with respect to any Obligations. II. ADDITIONAL PROCEDURES. A. Periodic Monitorine. The Responsible Official will conduct periodic reviews of compliance with the foregoing procedures to determine whether any violations have occurred so that such violations can be remedied through the "remedial action" regulations (Treas. Reg. Section 1.141-12) or the Voluntazy Closing Agreement Program (VCAP) described in IRS Notice 2008-31 (or successor guidance). If any changes to the terms or provisions of any Obligations are contemplated, the Responsible Official will consult with Bond Counsel, because 1254008.1034513 CLD such modifications could jeopardize the tax-exempt status of interest on the Obligations after they aze modified. B. Use of Facilities. The Responsible Official will maintain records identifying any Private Use of the facilities or portion of facilities that are financed or refinanced with proceeds of Capital Obligations. Such records may be kept in any combination of paper or electronic form. In the event the use of the facilities financed or refinanced with the proceeds of Capital Obligations differs from the representations or factual statements in the Tax Certificate, the Responsible Official will promptly contact and consult with Bond Counsel to ensure that there is no adverse effect on the tax-exempt status of the Capital Obligations and, where appropriate, will remedy any violations through the "remedial action" regulations (Treas. Reg. Section 1.141-12), the Voluntary Closing Agreement Program (VCAP) described in IRS Notice 2008-31 (or successor guidance), or as otherwise prescribed by Bond Counsel. 1254008.1034513 CLD ~ ~ . 0 0 m Pastege $ r Certified Fee ra Poetroe_rk O Return Receipt Fee 1 Here [3 (Endorsement Regmred) A ~'~~N-~~ O Restrlctetl Delivery Fee ~ ~ ~ ~ ~n ~ (Endorsement Requlratl) r~ i rp 7ota1 Postage & Fees ~ J ~ 'J S nu~-~ Fgir 1'ia~ze.~-~.-.~.mi~h.,.~:~lc~st~ :.is. Q Street, AOt. Na.; ~ ~ or PO BOZ No. r r, ~ • ~ ~ ¦ Complete Items 1, 2. and 3. Also complete A ~8" ra Rem 4 R Restricted Delivery Is desired. X O Hgent ¦ Print your a and address on the reverse f] ~fB88B° SO that n return the card to you. Received rRed Noma) C. Date of Delivery ¦ Attach th card to the back of the mailpiece, ~ or on thq:6vm R space pennRs. D. b delivery address dlRerent fidm Item 17 Q Yes 1. Artlc1 ed to: RYES, emer delivery eddrees below. ? No ; My e.r-1- sm;+h ; hawk s ~e1a~~~.\d ~ ~nlocd ©neChase A~0.nF,ai{c„1~1 le,z~ a. servxaiype ~,1 ~ ~ 1 ~ II V ~ cer~tae Mall v Md ~erc ~V ) ~Q~i 5 ORegbtered Cl Realm RecelPttorMmd~diee ? Insured Mall ? C.O.D. 4. Restrcted DelWayt tFxxtra FBA ? Yes 2. ArdcleNUmher 7009 0826 0061 782 8808 (Thmsyaz non, servke label) PS Form 3811, February 2004 Domestic Return Receipt lozsssoz-r+~-lsao Q~OS0FF0(~I'~o ELIZABETH A. NEVILLE, MMC „Q Gy Town Hall, 53095 Main Road TOWN CLERK o= ~ P.O. Box 1179 H Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS "p • .1C Fax (631) 765-6145 MARRIAGE OFFICER 'y Q~' Telephone (631) 765-1800 RECORDS OF MANAGEMENT OFFICER * `TAQ southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 11, 2012 Town of Southold, New York (Our File Designation: 2615/19513) Mr. Robert P Smith Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed please find the following documentation for the above referenced bond: 1. Affidavit of Publication of Adoption of Bond from Suffolk Times 2. Affidavit of Publication of Adoption of Bond from The New London Day Please let me know if there is anything else you require for you file at this time. ' truly yours Lyrida M Rudder Deputy Town Clerk encs cc: Town Attorney bond file ' #10980 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), successfully commencing on the 13th day of December, 2012. ~t~ Principal Clerk Sworn to before me this day of 4v 2012. LEGAL N(II1CE The resolution, a summery of which is publishedherewith, hb been adopted on the 4th day of December, 2012, avd the vatidityo€ the obligations authorized ]ry_such resolution may be herca([et contested only if such obligations were ~ authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not au~ CHRISTINA Vr thorized to expend money or if thepro- NOTA I.INSKI visions of law which should have been RY PUBLIC-SrA(E OF NEW YORK complied with as of the date of publica~ NO. O 1 VGd l uov of this notice were not substantially 05050 complied with, and an action, suit or M QUOllfled Ih S,!f;p~k C.OUp}y proceeding contesting such vahdity u Y CommisslOn Ekplres rubruary 2g, Y016 wmmevced wi[hiv twenty days ages the *uYBmWn of this notice; m arch oblip- tiomwere authorized in violation o7tTic provisions of the consfitution. BY ORDER Of ~ TIIE TOWN BOARD OFTHETOWCi OF SOUTIiOLD ELIZABETH A. NEVU I F Town Ckrk BOND RESOLUTTON OF THE TOWN OF SOUTHOLD, NEW YORK ADOPTED DECEMBER 4, 2012, AP~ PROPRIATTNG Sg6l,ooo FOR7HE INCREASE AND IMPROVEMENT OFFACILIITES OFTHE FISHERS IS LAND FERRY DISTRICT; INCLUI} ING THE EXPENDITURE OF OF TO 5361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING ~ THE ISSUAN('E OF NOT TO EXCEED $500,000 SE- RIAL BONDS OF SAID TOWN T'O FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are adtholiked is the increaseand improvement of faciG[ies of the Hshen Island Ferry District at the estimated to [aI ws[ of $861,000, being the construe- lion of improvements to dte North and South ramps a[ the Fishers Island Ferry Terminal, consisting of (i) improvement! to the North tamp consistent with tfie plan labeled "Option C" in [he repot) prepazed by Dacko, Inc., professional engineers, duly licensed by the S[a[e of New York and (u). improvements tc the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and'the office of the Town Clerk of the Town; aU of [he foregoing to in- dude original furnishings, equipment: machinery and apparatus requbed foi [he purposes for which such ferry termi~. nal is used. The maximum amount of obligation<. -[o be issued is $500,000. Available funds of the District in the amount of $361,00[ will be used to pay a part of said appro- priation. The period of probable usefulness is twenty (20) Yearn A complete copy of [he Bond Reno- lotion summarized above shall be avail able for public inspection during normal business hoots at the office of the Town Clerk, Town Hall, 53095 Maio Road Southold, New Yotk. 10.980-I,T,1,~[13 " PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Donna Cherry, Legal Adverising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of - _ 1M45 LEGALNOTICE the resaluHOn, a wmmuy of which Is Wbllshed herr wttM has been adoptedon the9thday of December,2012, 14545 LEGAL NOTICE The resolution, a and the validity oftNe obligatlom autMrhed by such resoluthn may be heroafter wntested. only H wch summary of which is pu obligations ware authorized for an oti)eit or Wrpose far whlN Hw Town of Southold, Ut the county of Suffolk New VaN Is.not authorized' to expend money or If the provisions of law which should have been complied with as o(the date of WDlkatlon of this mtke were not wbstantlally compiled wkh, aM an anion, suit or A true copy of which is hereunto annexed, was wtAi~iw~ent9 days after Ae Wbll altbn of tnHmirotkL published in said newspaper in iks issue{s} of a wcn oblf~na war. authorized M vimatbn or ~ provisbnsa the <onstltukon. 1 211 3 /2 01 2 BY ORDER OF THE TOWN BOARD OF THE TOWN aF SOUTHOID ELIZABETH A. NEVILLE C(3$t: SOUTHOLD TOWN OF Town Clerk BOND RESMUTION OF THE TOWN OF1S2O,UINOLD;~ Ad d00429579 NEE ATIN~Rw~a6D ~ D~RCEMHER INCREr15EAPPAR~?' IMPROVEMENT OF FACILn1F5 OF THE FlSHERS ISIAND FERRY DISTRCT, INCLUDING THE E%PENDITURE Oi UP TO f3ra,DbD IN AVALLABLE LANDS OFTNE DISTRICT TO PAY A PART OF SAID ADPRODRIATION; ANDAUTHO- R121NG THE ISSUANCE OF NOT TO E%CEED fS00,000 ' SERIAL 80ND5 OF SAID TOWN TO FUiANCE THE i BALANCEAf SAID ADPRODRIAHON TheoWeR ar WNOSe for wMChthe bOMS aze authorized Is Me Increase and Improvement of facilities of the Fishers Island Ferry District M the estimated total cost Subscribed and sworn to before a a(f861,000, being theCOnstruttlonoflmDravementatg the LAMA aM South amps M the ushers Island Ferry Terminal, conzlsting of (p Improvements to the North. This Thursday, December 13, 2012 rrepMt praep3fed bytDockoDin[I pmfessrolooal engineers, duly licensed by the State of New Vork and (IO Improve- menu to the South ramp consistent with the plan appearing In the report pepazed by Docko, Int., on Ole In - the office of the DlstriR and the office of the Town Clerk of the Town; all of the /ongoing to Include original (umishin9s, epuipmenC machkwry and apparatus reguked for the WrDOSes for whkh such ferry terminal Notary Public 150~d' The maximum amount of obligations to be Issued Is My commission expires 3~ / fS00,000. Available wMS of the OlstrlR In the I amount of f361,1k10 wNl,be used to payapMt NSaid c}.. appropriation. The period of probable usewlness Is twenty (2U) years. A cgmDlete copy of the BorA 0.esoWtlon summarized ~gy n~wroal business hours M the oHke of the Town Clerk - ~ Town Hall, 53095 Main Road, Southold, New Yak s 5 . , I ~ _ ~ m m s ,F. N ~ ~ Postage $ O N Y r Certifistl Fee ,~1 ~ ~ Return Receipt Fee PostmarlPS ~ O (Endorsement Required) ~ Here O Restdctetl Delivery Fee e ` ~ (Endorsement Requiretl) ({1 a W Total Postaga8 Fees $ f,l~cy R_ o I~1 I1j]R BepI TVA ~rl_Jkv!A~h '~-~1K~n_ ~(v„'~"''i _ ai O ..1_t:_.. ~___.lYSs5~.1 -~a ~ Streeq APf. No.f ~ ^ r"" ' r... 3, ts' M1 or PO Box NO.Qn~-'~1 ~~--~~~y~~~ y~~~ Ci'N, State, ZIP Y1- 1T .-1- U ~k- 5=, -z: x: Vii` =u ~ ~ ¦ Complete kerns 1, 2, and 3. Also complete A. Si kem 4 k Restricted Delivery Is desired. ~ ~ Agent ¦ Print your name and address on the reverse o/-~O Addressee ~ - so that we can return the card to you. ,Received lvdPd Name) C.Mete of Delivery ¦ Attach this card to the back of the mailpiece,' 4J f ~ or on the front if space pertnks. vwl D. Is delivery address from kem 1? , 1. Article Addressetl to: If YES, enter delivery address below: ~ h~r.~l obo.v-k Sri-t~++1 ~c~wkitns,~e.lfa_~;e1~1 • ~..~ood ~Y,c Chase N\a.,ha~..~i (Mac. -+a. 3. Service Type Now York Ny 1o00S J~cedmeaMeil oMen ` ? Registered [,l~Iphvn.Rpeeipt fof.Mia~ttandise ?Inaured Mail .D. 4. Restricted Del fee) L} Ye8 2. ArtideNUmber 7009 0820 0001 7820 8839 (llanafer lrom service lebe~ _ r~ ! PS Forth 3811, February 2004 Dorttesdc Return Rewfpe"' ~zsssoi+.+-tsao zis =fix. Wit,,' , - o~~gUFfO[~coG ELIZABETH A. NEVILLE, M1VIC h0 y Town Hall, 53095 Main Road TOWN CLERK p ~ P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p ~ .jC Fax (631) 765-6145 MARRIAGE OFFICER 'f',~ Off' Telephone (631) 765-1800 RECORDS OF MANAGEMENT OFFICER ~l ~ ~O southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 11, 2012 Town of Southold, New York (Our File Designation: 26 1 5/1 95 1 31 Mr. Robert P Smith Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Deaz Mr. Smith: Enclosed please find the following documentation for the above referenced bond: 1. Affidavit of Publication of Public Heazing notice from Suffolk Times 2. Affidavit of Publication of Public Hearing notice from The New London Day 3. Resolution and Order after Public Hearing filed with Suffolk County Clerk with Town Clerk certification attached 4. Extract of Minutes with Town Clerk certification attached 5. Copy of minutes from meeting held on Fishers Island 6. Resolution of Adoption of Resolution and Order after Public Heazing with Town Clerk certification attached 7. Resolution of Adoption of Bond with Town Clerk certification attached 8. Legal Notice of adoption of bond that is posted on the Town Clerk bulletin boazd and town website and will appear in the December 13, 2012 edition of the Suffolk Times and the New London Day Affidavits of publication will be forwazded when received. Please let me know if there is anything else you require for you file at this time. Very truly yours, Lyn~a M Rudder Deputy Town Clerk encs cc: Town Attorney bond file 'N _ #10955 ~A STATE OF NEW YORK) r' SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is `a`F' Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at r 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 regu{arly published in said Newspaper once each week for 1 week(s), successfully commencing on the 29th day of November, 2012. _ s/ ' f Principal Clerk Sworn to before me this ~T day of~~_2012• =t.? usuw4l~ N07)CB 9I!!»M' ~AlB~tG NORfCE E l~tlf/fr GIVEN that the Town Board the Iowa of Southold, ip the County o[ Suffolk, State of New York, will m`t,tfet the Fishers Is- land CommuaityCriitee,RetiersIsland, CHRISTINA YOIINSKI in said Town, at 7.a'olxk.Y.k1., on De- gIg1E OF NEW YORK cember.3, 20)2 aud„ reRwavene on NOTARY PUBLfC December 4, ?A12'at32 PM. at the Np, O1 V061960ti0 Southold Town HaB, 530953r1ee RMd. Southold, New York for thn ptxp!e+ed puallfled Iq Suffolk CO00 Y 8 P •~i My Commisslon Explne February 2f1, 2016 conduain a ublic he tOCOnYdIr the increase and improvemtlgf d !t cilities of the Fishers Island FI6rEy Dlb trio, consisting of the K improvemeab to the Nali~alkl"~pi~ i ramps at the Fishers lelaad FedY 7R mioal, consisting of (i) ' to the North ramp consistent[®~~MI) ~ plan labeled "Option C" is the ne/MaF prepared by Docko, Inc., prof engineers, duly licensed by the files of New York and (ii) improv to the South ramp consisteni,ir111f plan appearing in the roprat,~ by Docks, Inc., an file in thr the District and the office of Clerk of the Town; all of the fo ixlude original furnishings, - machinery and apparatus requi[etb the purposes for which such fe. urinal is used (hereimcollectively c the "Project"), the estimated maximts~ cost thereof being $561,000. The Trani shall issue bonds in the amount o[ not to exceed;500,000 et any one time, p~ suant to the Local Finance Law.It is ar• parted that [he $361,000 balance of the cost of said ProjeM shall be paid from, other available funds of the District. - At said public hearing, the Town Board will hear all persons iaterettad in said subject matter thereof coacet'hiog the same. Dated: November 20, 2012 Southold, New York - BYORDER OF THE TOWN HOARD OFTHE TOWNOF SOUTHOLD, COIJNTT OF SI~F - STATE OF NH11`a- - - Elizabeth A. NeviOe,Towq `~~.::..e~~... Tows,-- PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Donna Cherry, Legal Adverising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of 14454 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVE ~ fancE IN5o1T11[E~oY the Town M SoullglU, M ttw CWT' . Yak wNl meet et the Fkhers ISWrvI CommunltY A true copy of which is hereunto annexed, was r•Flshers laland, In sold Tartu, atT pFbrk DAA., en 3, 2032 aml wIA o0 December ~ published in said news a m~°ir:32 e.M: at the town HaIC 530ps Man p per in its issue(s) of Rpaa,swmdanewrD~wrweeortxn 11123/2012 ~ me~M of roof Me Rshe~rsblsl~ Ferry lDl~ Itr~R, • wnlsHre orthe crostnwtbn af~ImWwcnents to the . NorthaM SoyM ramps at the FNhws IsWna. Ferry Cust: SOUTHOLD TOW N OF Termihal, cen>;kore of (0 NnDrDw:ments to the North ramp wn51s[eM NIM the pNn labeled "Optkn C" in the Ad d00426547 repeR Dr@partd by Dako, Inc. Drofesskoal ellpfM~ere, duly Ilcensed by the State of New Yak aml Op 1mWwe- rtimh to the SaRhremp consistent wIU'the plan appefirirg In the report prepared bYtkcko, Inc, an Poe M the oNke of the OHtrkt amt the offke of the Town Clerk of the TpWlK all of the foregoing to mUude aglnal tumishi s, eAUipmenC machinery and apparatus ~ nWhN~ the pwpDSea fw Whkh such fertY terminal Is used Ourein cAlleFtl Y wlkd the `Are7ecN), the 'estimated mNC(mumtost ilgreoFbNn9e a06b00D. TM Town shall Issue~opds,ln the of tp eyceed E400,000 at arty orallma purs~the LAW FlnanR ofsaW Hirok!R7~hall paNlfrGnotlpr avYkhleffuMe ~t Subscribed and sworn to before me at saga publk Ing, nre Tpwa fwaa wlR near an This Friday, November 23, 2012 m ~anugt> ~ ~0a maekr tnaepf' .oaten Novwober20,2o3z . Southold New Yprk _ gYORDER OF THE TOWN ROARO OF THE TOWN OF SOUTHOLD, COUNTY OF - - - SINFOLR STATE OF Notary Public NEwrowc Elizabeth A. Neville, Town CkHr. My commission expires ~ / / Town of Southold A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on the 4th day of December, 2012. PRESENT: Hon. Scott A. Russell, Supervisor Louisa Evans, Councilperson Albert Krupski, Councilperson Chris Talbot, Councilperson ~~j~ ~ ~ William P. Ruland, Councilperson .j- ` O Jill Doherty, Councilperson Q sfh~ ~ G'P.e a 02 O(~~~ 1 OG In the Matter ~j. of the Increase and Improvement of Facilities of the Fishers Island Ferry District, in the Town of Southold, in the County of in the County of Suffolk, New York Offered by: Justice Louisa Evans Seconded by: Councilman Albert Krupski RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "Board" and the "District", respectively), in the Town of Southold (the ``Town"), Suffolk County, New York, pursuant to the resolution adopted on October 24, 2012 and subscribed by each of the members of the Board of Commissioners, which together with a petition in due form, was duly submitted to the Town Board (the "Town Board") of the Town, has requested the Town Board to call a public hearing to hear all persons interested in the subject thereof, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) „ r• improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,OOO;and WHEREAS, it is intended that the Town shall issue bonds in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected that the $361,000 balance of said Project shall be paid from other available funds of the District; and WHEREAS, in the event any grant funds are received by the District or the Town with respect to the Project, such grant funds shall be expended to pay a part of the cost of the Project and the principal amount of bonds or notes to be issued shall be reduced by an amount equal to the amount of grant funds so received and expended, or such grant funds may be expended to pay debt service relating to the bonds or notes issued to finance the Project; and WHEREAS, on August 15, 2000 the Town Board adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may bon•ow and for which obligations may be issued from five hundred thousand dollars ($500,000) to five million dollars ($5,000,000), as authorized pursuant to Section 4 of Chapter 699 of the Laws of 1947, and acts amendatory thereto, and such resolution has not been amended, modified or rescinded; and WHEREAS, this Board of Commissioners of the District, as lead agency, has given due consideration to the impact that the Project may have on the environment and has determined that the Project will have no significant adverse impact upon the environment and that it is a Type II action pursuant to the State Environmental Quality t. Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617; and WHEREAS, pursuant to the Order Calling Public Hearing adopted by the "town Board on November 20, 2012, a public hearing to consider the proposed increase and improvement of facilities of the District was opened on December 3, 2012 at the Fishers Island Community Center on Fishers Island, and reconvened on December 4, 2012 at the Southold Town Hall, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard concerning the subject matter thereof, including those in favor and those in opposition; NOW, THEREFORE, in consideration of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $861,000, and the financing of a part of the cost of said Project by the issuance of bonds or notes of the Town in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law, with the $361,000 balance of the cost to be paid from other available funds of the District; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the District shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and that the Engineer shall prepare specifications and make a careful estimate of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District or the Town Attorney, shall prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town chazges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days afrer adoption hereof. DATED: December 4, 2012 TOWN BOARD OF THE TOWN OF SOUTHOLD The adoption of the foregoing Resolution and Order was duly put to a vote on roll call, which resulted as follows: Supervisor Scott A. Russell Aye Councilperson Louisa Evans Aye Councilperson Albert Krupski Aye Councilperson Chris Talbot Aye Councilperson William P. Ruland Aye Councilperson Jill Doherty Aye The Resolution and Order were declared adopted. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, DO HEREBY CERTIFY that I have compared the preceding Resolution and Order After Public Hearing with the original thereof filed in my office on the 4th day of December, 2012 and the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 7th day of December, 2012. (SEAL) Town Clerk . EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York December 4, 2012 * « A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, in said Town, on December 4, 2012. There were present: Hon. Scott A. Russell, Supervisor; and Board Members: Councilman William Ruland Councilman Albert Krupski Councilman Christopher Talbot Councilwoman Jill Doherty Justice Louisa Evans There were absent: Also present: Elizabeth A. Neville, Town Clerk Martin D. Finnegan, Town Attorney The Supervisor stated that a public hearing had been called for this meeting at the Town Hall, 53095 Main Road, Southold, New York, at 7:32 o'clock P.M. (Prevailing Time) for the purpose of considering the increase and improvement of facilities of the Fishers Island Ferry District, in the Town of Southold, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepazed by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and appazatus required for the purposes for which such ferry terminal is used, and to heaz all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Boazd with relation thereto as may be required by law. The Supervisor stated that the hearing in the matter was now open and asked if there were any interested persons present who desired to be heazd. The following persons appeazed in favor of said increase and improvement of facilities of the Fishers Island Ferry District: Commissioner R Books Commissioner C Edwazds Commissioner C Rafferty Manager Donald Lamb Asst Manager Gordon Murphy Mr Vollinger The following persons appeared in opposition to said increase and improvement of facilities of the Fishers Island Ferry District: None The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed. + r ~ A regulaz meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on the 4th day of December, 2012. PRESENT: Hon. Scott A. Russell, Supervisor Louisa Evans, Councilperson Albert Krupski, Councilperson Chris Talbot, Councilperson William P. Ruland, Councilperson Jill Doherty, Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Ferry District, in the Town of Southold, in the County of in the County of Suffolk, New York Offered by: Justice Louisa Evans Seconded by: Councilman Albert Krupski RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Boazd of Commissioners of the Fishers Island Ferry District (the "Boazd" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted on October 24, 2012 and subscribed by each of the members of the Board of Commissioners, which together with a petition in due form, was duly submitted to the Town Boazd (the "Town Board") of the Town, has requested the Town Boazd to call a public hearing to heaz all persons interested in the subject thereof, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepazed by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000; and WHEREAS, it is intended that the Town shall issue bonds in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected that the $361,000 balance of said Project shall be paid from other available funds of the District; and WHEREAS, in the. event any grant funds are received by the District or [he Town with respect to the Project, such grant funds shall be expended to pay a part of the cost of the Project and the principal amount of bonds or notes to be issued shall be reduced by an amount equal to the amount of grant funds so received and expended, or such grant funds may be expended to pay debt service relating to the bonds or notes issued to finance the Project; and WHEREAS, on August 15, 2000 the Town Board adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from five hundred thousand dollars ($500,000) to five million dollars ($5,000,000), as authorized pursuant to Section 4 of Chapter 699 of the Laws of 1947, and acts amendatory thereto, and such resolution has not been amended, modified or rescinded; and WHEREAS, this Board of Commissioners of the District, as lead agency, has given due consideration to the impact that the Project may have on the environment and has determined that the Project will have no significant adverse impact upon the environment and that it is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617; and WHEREAS, pursuant to the Order Calling Public Hearing adopted by the Town Boazd on November 20, 2012, a public heazing to consider the proposed increase and improvement of facilities of the District was opened on December 3, 2012 at the Fishers Island Community Center on Fishers Island, and reconvened on December 4, 2012 at the Southold Town Hall, and considerable discussion on the matter has been had and all persons desiring to be heazd have been heazd concerning the subject matter thereof, including those in favor and those in opposition; NOW, THEREFORE, in consideration of the information given at such heazing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $861,000, and the financing of a part of the cost of said Project by the issuance of bonds or notes of the Town in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law, with the $361,000 balance of the cost to be paid from other available funds of the District; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the District shall prepaze plans and ~ specifications and make a careful estimate of the expense for said increase and improvement of such facilities and that the Engineer shall prepare specifications and make a cazeful estimate of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District or the Town Attorney, shall prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Boazd from the several lots and parcels of land within the District in the same manner and at the same time as other Town chazges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: December 4, 2012 TOWN BOARD OF THE TOWN OF SOUTHOLD The adoption of the foregoing Resolution and Order was duly put to a vote on roll call, which resulted as follows: Supervisor Scott A. Russell Aye Councilperson Louisa Evans Aye Councilperson Albert Krupski Aye Councilperson Chris Talbot Aye Councilperson William P. Ruland Aye Councilperson Jill Doherty Aye The Resolution and Order were declazed adopted. BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 4, 2012, APPROPRIATING $861,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, INCLUDING THE EXPENDITURE OF UP TO $361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION Offered by: Justice Louisa Evans Seconded By: Councilman Christopher Talbot Recital WHEREAS, following preparation of a map, plan and report and an estimate of cost for the increase and improvement of facilities of the Fishers Island Ferry District (herein referred to as the "District"), in the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, and after a public hearing duly called and held, the Town Boazd of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Boazd) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $861,000 for the increase and improvement of facilities of the District, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepazed by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $861,000 and said amount is hereby appropriated for such purpose. The plan of financing includes (a) the expenditure of available funds of the District in the amount of $361,000 to pay a part of said appropriation, (b) the issuance of not to exceed $500,000 bonds of the Town to finance the balance of said appropriation, and (c) assessment, levy and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town chazges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, sufficient to pay the principal of and interest on said obligations. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of not to exceed $500,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 7 of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) yeazs. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town aze hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such yeaz and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations aze authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations aze authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The Suffolk Times, " a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on the 4th day of December, 2012, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 4, 2012, APPROPRIATING $861,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, INCLUDING THE EXPENDITURE OF UP TO $361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District at the estimated total cost of $861,000, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepazed by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original Furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used. The maximum amount of obligations to be issued is $500,000. Available funds of the District in the amount of $361,000 will be used to pay a part of said appropriation. The period of probable usefulness is twenty (20) yeazs. A complete copy of the Bond Resolution summazized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. The adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Scott A. Russell Aye Councilperson Louisa Evans Aye Councilperson Albert Krupski Aye Councilperson Chris Talbot Aye Councilperson William P. Ruland Aye Councilperson Jill Doherty Aye The Resolution was declared adopted. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on December 4, 2012, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 4th day of December, 2012. (SEAL) Town Clerk Minutes of a Public Hearing of the Town of Southold Fishers Island, NY December 3, 2012 A public hearing of the Town of Southold, New York was held at the Fishers Island Community Center. The hearing was. convened at 7:00 PM by Louisa Evans. Three Fishers Island Ferry District commissioners were present (R Books, C Edwards and C Rafferty) as were the Ferry District Manager, Donald Lamb, and Assistant Manager, Gordon Murphy. In addition two members of the public were in attendance. Mrs. Evans thanked everyone for attending and led the room in reciting the pledge of allegiance. Mrs. Evans briefly noted the purpose of the hearing and read the notice: "NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Fishers Island Community Center, Fishers Island, in said Town, at 7 o'clock P.M., on December 3, 2012 and will reconvene on December 4, 2012 at 7:32 P.M. at the Southold Town Hall, 53095 Main Road, Southold, New York for the purpose of conducting a public hearing to consider the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000. The Town shall issue bonds in the amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law. It is expected that the $361,000 balance of the cost of said Project shall be paid from other available funds of the District." Mr. Lamb presented a brief overview of the project. Mrs. Evans opened the floor to public comment. Mr. Vollinger asked several engineering related questions which Mr. Lamb answered and a discussion ensued. Mrs. Evans reminded the audience that the primary purpose of the meeting was to discuss the financing of the project. Mr. Lamb expressed that the drawings and project binder were available to the public at the business office of the Ferry District. Commissioner Edwards noted that the Ferry District had reviewed the project with a long term perspective. Commissioner Rafferty addressed the hearing and reviewed the history of the project by noting that the original project had been much simpler and that when the original project quotes were reviewed the price doubled from the engineering estimate of $200,000. At that time it became apparent that the bulkhead's life was much less than originally determined. Therefore the project was put on hold to research the bulkhead and develop project alternatives. Three alternatives were prepared by the consultants. The Fishers Island Ferry District commissioners 1~Pag;c agreed to the "Option C" proposal (noted above) as it would produce a solution that would benefit the community for 30 -40 years from the original project's life expectation often years. It was also noted that funding for the project would come from three sources; budget, fund balance and bonding. Mrs. Evans noted that further public comments could be faxed to the Town of Southold and there being no further comments recessed the meeting at 7:18 PM Submitted, Gordon Murphy, Meeting Secretary 2~pa~e ~ . Southold Town Boazd -Letter Boazd Meeting of December 4, 2012 RESOLUTION 2012-886 Item # 5.32 •'~6 ADOPTED DOC ID: 8336 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2012-886 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4, 2012: WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "Board" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted on October 24, 2012 and subscribed by each of the members of the Boazd of Commissioners, which together with a petition in due form, was duly submitted to the Town Boazd (the "Town Boazd") of the Town, has requested the Town Board to call a public heazing to hear all persons interested in the subject thereof, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepazed by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and appazatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000; and WHEREAS, it is intended that the Town shall issue bonds in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected that the $361,000 balance of said Project shall be paid from other available funds of the District; and WHEREAS, in the event any grant funds aze received by the District or the Town with respect to the Project, such grant funds shall be expended to pay a part of the cost of the Project and the principal amount of bonds or notes to be issued shall be reduced by an amount equal to the amount of grant funds so received and expended, or such grant funds may be expended to pay debt service relating to the bonds or notes issued to finance the Project; and WHEREAS, on August 15, 2000 the Town Boazd adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from five hundred thousand dollars ($500,000) to five million dollazs ($5,000,000), as authorized pursuant to Section 4 of Chapter 699 of the Laws of 1947, and acts amendatory thereto, and such resolution has not been amended, modified or rescinded; and WHEREAS, this Board of Commissioners of the District, as lead agency, has given due consideration to the impact that the Project may have on the environment and has determined that the Project will have no significant adverse impact upon the environment and that it is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), Generated December 5, 20] 2 Page 43 Southold Town Board -Letter Boazd Meeting of December 4, 2012 constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617; and WHEREAS, pursuant to the Order Calling Public Hearing adopted by the Town Boazd on November 20, 2012, a public heazing to consider the proposed increase and improvement of facilities of the District was opened on December 3, 2012 at the Fishers Island Community Center on Fishers Island, and reconvened on December 4, 2012 at the Southold Town Hall, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard concerning the subject matter thereof, including those in favor and those in opposition; NOW, THEREFORE, in consideration of the information given at such heazing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $861,000, and the financing of a part of the cost of said Project by the issuance of bonds or notes of the Town in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law, with the $361,000 balance of the cost to be paid from other available funds of the District; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the District shall prepaze plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and that the Engineer shall prepaze specifications and make a cazeful estimate of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District or the Town Attomey, shall prepaze a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Boazd of Commissioners and the Town Boazd as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Boazd from the several lots and parcels of land within the District in the same manner and at the same time as other Town chazges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. i~~~~' Elizabeth A. Neville Southold Town Clerk Generated December 5, 2012 Page 44 Southold Town Boazd -Letter Board Meeting of December 4, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated December 5, 2012 Page 45 CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed resolution of the Town Board of said Town adopted at a meeting duly called and held on December 4, 2012, has been compared by me with the original resolution as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and con•ect copy thereof and of the whole of said resolution. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 4th day of December, 2012. (SEAL) izabeth A. Neville, Town Clerk Town of Southold t , , Southold Town Board -Letter Board Meeting of December 4, 2012 RESOLUTION 2012-887 Item # 5.33 ADOPTED DOC ID: 8337 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2012-887 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4, 2012: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 4, 2012, APPROPRIATING $861,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, INCLUDING THE EXPENDITURE OF UP TO $361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION WHEREAS, following preparation of a map, plan and report and an estimate of cost for the increase and improvement of facilities of the Fishers Island Ferry District (herein referred to as the "District"), in the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, and after a public hearing duly called and held, the Town Boazd of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: I Section 1. The Town hereby appropriates the amount of $861,000 for the increase and improvement of facilities of the District, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $861,000 and said amount is hereby appropriated for such purpose. The plan of financing includes (a) the expenditure of available funds of the District in the amount of $361,000 to pay a part of said appropriation, (b) the issuance of not to exceed $500,000 bonds of the Town to finance the balance of said Generated December 5, 2012 Page 46 ,l Southold Town Boazd -Letter Board Meeting of December 4, 2012 appropriation, and (c) assessment, lery and collected by the Town Boazd from the several lots and pazcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, sufficient to pay the principal of and interest on said obligations. Section 2. Bonds of the Town aze hereby authorized to be issued in the principal amount of not to exceed $500,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance a part of said appropriation. Section 3. The following additional matters aze hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 7 of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. ' Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or Generated December 5, 2012 Page 47 ' ~ Southold Town Board -Letter Board Meeting of December Q, 2012 (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summazy thereof, aze not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The Suffolk Times, " a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on the 4th day of December, 2012, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 4, 2012, APPROPRIATING $861,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, INCLUDING THE EXPENDITURE OF UP TO $361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION Generated December 5, 2012 Page 48 } Southold Town Boazd -Letter Boazd Meeting of December 4, 2012 , The object or purpose for which the bonds aze authorized is the increase and improvement of facilities of the Fishers Island Feny District at the estimated total cost of $861,000, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepazed by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and appazatus required for the purposes for which such ferry terminal is used. The maximum amount•of obligations to be issued is $500,000. Available funds of the District in the amount of $361,000 will be used to pay a part of said appropriation. The period of probable usefulness is twenty (20) yeazs. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. ~~Q Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated December 5, 2012 Page 49 J CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed resolution of the Town Board of said Town adopted at a meeting duly called and held on December 4, 2012, has been compared by me with the original resolution as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said resolution. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 4th day of December, 2012. (SEAL) izabeth A. Neville, Town Clerk Town of Southold LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on the 4th day of December, 2012, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 4, 2012, APPROPRIATING $861,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, INCLUDING THE EXPENDITURE OF UP TO $361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District at the estimated total cost of $861,000, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used. The maximum amount of obligations to be issued is $500,000. Available funds of the District in the amount of $361,000 will be used to pay a part of said appropriation. The period of probable usefulness is twenty (20) years. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. PLEASE PUBLISH ON DECEMBER 13, 2012, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The New London Day Town Board Members Town Attorney Town Clerk's Bulletin Board Bond Counsel Page 1 of 1 Rudder, Lynda From: Reisenberg, Lloyd Sent: Tuesday, December 11, 2012 8:40 AM To: Rudder, Lynda Subject: RE: publish 12/13 Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Email: lloyd.reisenbergCg~town.southold.nv. us Office: 631-765-1891 Cell: 631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Monday, December 10, 2012 2:15 PM To: Bunchuck, Jim; McMahon, James; Standish, Jeff; Foote, Nancy; alkrupskitown@yahoo.com; Andaloro, Jennifer; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; Legals (cschott@timesreview.com); Louisa Evans (Ipevans06390@gmail.com); Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Michelle; William Ruland Subject: publish 12/13 Importance: High Please publish 12/13 in the Suffolk Times and on the Town website 12/11/2012 DELAFIELD & WOODLLP PHONE (212) 820--9300 ONE CHASE MANHATTAN PLAZA NEW PORN FAX (212) 514-8425 NEW YORH, NY 10005 WASHINGTON WWW.HAWNINS.COM NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO (212) 820-9662 November 29, 2012 Town of Southold, New York -Fishers Island Ferry District Our File Designation: 2615/19513 Martin D. Finnegan, Esq. Town Attorney Town of Southold P.O. Box 1179 Southold, New York 11971 Dear Martin: With respect to the increase and improvement of facilities of the Fishers Island Ferry District, we have prepared and enclose herewith: (i) the Extract of Minutes showing the holding of a Public Hearing on December 4, 2012, (ii) the Resolution and Order After Public Hearing to be considered by the Town Board on December 4, 2012, (iii) the Bond Resolution to be considered by the Town Board on December 4, 2012 and (iv) the summary form of the Bond Resolution with the prescribed form of Clerk's notice affixed in readiness for publication. As you know, the Resolution and Order After Public Hearing, with the Clerk's Certificate attached, is to be recorded in the office of the County Clerk within ten (10) days after adoption. In addition, the bond resolution is to be published, in summary, in the official Town newspaper together with the statutory form of notice, thereby commencing a 20-day statute of limitations period pursuant to the provisions of Section 80.00 et seq. of the Local Finance Law. Please forward to me certified copies of the completed Extract of Minutes, the Resolution and Order After Public Hearing, the Bond Resolution, a copy of the Resolution and Order After Public Hearing with proof of recording attached, and an original Affidavit of Publication from the newspaper, when available. With best regards, I am Very truly yours, Robert P. Smith RPS/ml Enclosure EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York December 4, 2012 ~ + A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, in said Town, on December 4, 2012. There were present: Hon. Scott A. Russell, Supervisor; and Board Members: There were absent: Also present: Elizabeth A. Neville, Town Clerk Martin D. Finnegan, Town Attorney John Cushman, Town Comptroller * + The Supervisor stated that a public hearing had been called for this meeting at the Town Hall, 53095 Main Road, Southold, New York, at 7:32 o'clock P.M. (Prevailing Time) for the purpose of considering the increase and improvement of facilities of the Fishers Island Ferry District, in the Town of Southold, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Supervisor stated that the hearing in the matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of said increase and improvement of facilities of the Fishers Island Ferry District: The following persons appeared in opposition to said increase and improvement of facilities of the Fishers Island Ferry District: The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public heazing closed. ~ * r CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Boazd of said Town of Southold duly called and held on December 4, 2012, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 4th day of December, 2012. (SEAL) Town Clerk A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on the 4th day of December, 2012. PRESENT: Hon. Scott A. Russell, Supervisor Louisa Evans, Councilperson Albert Krupski, Councilperson Chris Talbot, Councilperson William P. Ruland, Councilperson Jill Doherty, Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Ferry District, in the Town of Southold, in the County of in the County of Suffolk, New York Offered by: Seconded by: RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Board of Commissioners of the Fishers Island Feny District (the "Board" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted on October 24, 2012 and subscribed by each of the members of the Board of Commissioners, which together with a petition in due form, was duly submitted to the Town Board (the "Town Board") of the Town, has requested the Town Board to call a public hearing to hear all persons interested in the subject thereof, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and appazatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000; and WHEREAS, it is intended that the Town shall issue bonds in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected that the $361,000 balance of said Project shall be paid from other available funds of the District; and WHEREAS, in the event any grant funds are received by the District or the Town with respect to the Project, such grant funds shall be expended to pay a par[ of the cost of the Project and the principal amount of bonds or notes to be issued shall be reduced by an amount equal to the amount of grant funds so received and expended, or such grant funds may be expended to pay debt service relating to the bonds or notes issued to finance the Project; and WHEREAS, on August 15, 2000 the Town Boazd adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from five hundred thousand dollars ($500,000) to five million dollars ($5,000,000), as authorized pursuant to Section 4 of Chapter 699 of the Laws of 1947, and acts amendatory thereto, and such resolution has not been amended, modified or rescinded; and • 1' WHEREAS, this Board of Commissioners of the District, as lead agency, has given due consideration to the impact that the Project may have on the environment and has determined that the Project will have no significant adverse impact upon the environment and that it is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617; and WHEREAS, pursuant to the Order Calling Public Hearing adopted by the Town Board on November 20, 2012, a public hearing to consider the proposed increase and improvement of facilities of the District was opened on December 3, 2012 at the Fishers Island Community Center on Fishers Island, and reconvened on December 4, 2012 at the Southold Town Hall, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard concerning the subject matter thereof, including those in favor and those in opposition; NOW, THEREFORE, in consideration of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $861,000, and the financing of a part of the cost of said Project by the issuance of bonds or notes of the Town in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law, with the $361,000 balance of the cost to be paid from other available funds of the District; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the District shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and that the Engineer shall prepare specifications and make a careful estimate of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District or the Town Attorney, shall prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: December 4, 2012 TOWN BOARD OF THE TOWN OF SOUTHOLD The adoption of the foregoing Resolution and Order was duly put to a vote on roll call, which resulted as follows: Supervisor Scott A. Russell voting Councilperson Louisa Evans voting Councilperson Albert Krupski voting Councilperson Chris Talbot voting Councilperson William P. Ruland voting Councilperson Jill Doherty voting The Resolution and Order were declared adopted. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, DO HEREBY CERTIFY that I have compared the preceding Resolution and Order After Public Hearing with the original thereof filed in my office on the 4th day of December, 2012 and the same is a true and correct copy of said original and of the whole thereof. IIv WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 4th day of December, 20 i 2. (SEAL) Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 4, 2012, APPROPRIATING $861,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, INCLUDING THE EXPENDITURE OF UP TO $361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION Offered by: Seconded By: Recital WHEREAS, following preparation of a map, plan and report and an estimate of cost for the increase and improvement of facilities of the Fishers Island Ferry District (herein referred to as the "District"), in the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, and after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $861,000 for the increase and improvement of facilities of the District, being the construction of improvements to the North and South ramps at the Fishers Island Fen•y Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $861,000 and said amount is hereby appropriated for such purpose. The plan of financing includes (a) the expenditure of available funds of the District in the amount of $361,000 to pay a part of said appropriation, (b) the issuance of not to exceed $500,000 bonds of the Town to finance the balance of said appropriation, and (c) assessment, levy and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, sufficient to pay the principal of and interest on said obligations. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of not to exceed $500,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 7 of the Law, is twenty (20) yeazs. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days afrer the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The Suffolk Times, " a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. The adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Scott A. Russell voting Councilperson Louisa Evans voting Councilperson Albert Krupski voting Councilperson Chris Talbot voting Councilperson. William P. Ruland voting Councilperson Jill Doherty voting The Resolution was declared adopted. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed resolution of the Town Board of said Town adopted at a meeting duly called and held on December 4, 2012, has been compazed by me with the original resolution as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said resolution. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 4th day of December, 2012. (SEAL) Elizabeth A. Neville, Town Clerk Town of Southold ~ (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on the 4th day of December, 2012, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 4, 2012, APPROPRIATING $861,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, INCLUDING THE EXPENDITURE OF UP TO $361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District at the estimated total cost of $861,000, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used. The maximum amount of obligations to be issued is $500,000. Available funds of the District in the amount of $361,000 will be used to pay a part of said appropriation. The period of probable usefulness is twenty (20) years. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Page 1 of 1 Rudder, Lynda From: Candice Schott [cschott@timesreview.com] Sent: Monday, December 10, 2012 2:37 PM To: Rudder, Lynda Subject: Re: these are the two THANKYOU!THANKYOU!! From: <Rudder>, Lynda <Iynda.rudder@town.southold.ny.us> Date: Monday, December 10, 2012 2:37 PM To: Candice Schott <cschott@timesreview.com> Subject: these are the two 12/10/2012 Page 1 of 1 Rudder, Lynda From: Candice Schott [cschott@timesreview.com] Sent: Monday, December 10, 2012 2:21 PM To: Rudder, Lynda Subject: Re: PUBLISH 12/13 Importance: High Hi Lynda, I have received the notice and we are good to go for the 12/13 issue. Thanks and have a great afternoon! Candice From: <Rudder>, Lynda <lynda.rudder@town.southold.ny.us> Date: Monday, December 10, 2012 2:21 PM To: New London Day <leaal@thedav.com>, "alkrupskitown@yahoo.com" <alkrupskitown@yahoo.com>, "Andaloro, Jennifer" <Jennifer.andaloro@town.southold.ny.us>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman, John" <John.Cushman@town.southold.ny.us>, "Doherty, Jill" <Jill.doherty@town.southold.ny.us>, "Finnegan, Martin" <martin.finneRan@town.southold.nv.us>, "Krauza, Lynne" <Lynne.krauza@town.southold.ny.us>, Candice Schott «schott@timesreview.com>, "Ipevans06390@smail.com" <Ipevans06390@email.com>, "Reisenberg, Lloyd" <Lloyd.Reisenbere@town.southold.nv.us>, "Russell, Scott" <Scott.Russell@town.southold.ny.us>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Talbot, Christopher" <Christopher.talbot@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, William Ruland <rulandfarm@yahoo.com> Subject: PUBLISH 12/13 Please publish in the 12/13 edition of the Suffolk Times Please publish in the 12/13 edition of the New London Day and provide three (3) affidavits of publication and also post on the Town website 12/10/2012 Page 1 of 1 Rudder, Lynda From: Cherry, Donna [d.cherry2@theday.com] Sent: Monday, December 10, 2012 2:56 PM To: Rudder, Lynda Subject: RE: attachment this time Attachments: d00429579-14545.doc Lynda, Happy Holidays! The attached ad will run in The Day on 12/13/2012. The 3 P.C.'s will be mailed after the ad runs. Thank you & have a great day! Donna Cherry Legal & Milestones Clerk The Day Publishing Company Phone: 860.701.4292 Fax: 860.442.5443 lesal@theday~com milestones@theday.com From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us] Sent: Monday, December 10, 2012 2:39 PM To: alkrupskitown@yahoo.com; Andaloro, Jennifer; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; Ipevans06390@gmail.com; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Michelle; William Ruland; Legal Subject: attachment this time Please publish in the 12/13 edition of the Suffolk Times Please publish in the 12/13 edition of the New London Day and provide three (3) affidavits of publication and also post on the Town website 12/10/2012 o~~gtlFfO[,~coG ELIZABETH A. NEVILLE, MMC h~l` y Town Hall, 53095 Main Road TOWN CLERK p~'~ P.O. Box 1179 w Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS wQ ~ .tC Fax (631) 765-6145 MARRIAGE OFFICER 'y Qt' Telephone (631) 765-1800 RECORDS OF MANAGEMENT OFFICER '~a southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 28, 2012 Town of Southold, New York (Our File Designation: 2615/19513) Mr. Robert P Smith Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed please find the following documentation for the above referenced bond: 1. Copy of Notice that is posted on the Town Clerk Bulletin Board, Suffolk Times, The New London Day, and 5 places on Fishers Island 2. Affidavit of Posting for the Town Clerk Bulletin Boazd and five (5) places on Fishers Island 3. Order Calling for Public Hearing 4. Certification of Order Calling Public Hearing 5. Certified Resolution adopted by the Town Boazd Affidavits of publication will be sent when received. Please let me know if there is anything else you require for you file at this time. Very truly yours, Lynda MRudder Deputy Town Clerk encs cc: Town Attorney bond file NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Fishers Island Community Center, Fishers Island, in said Town, at 7 o'clock P.M., on December 3, 2012 and will reconvene on December 4, 2012 at 7:32 P.M. at the Southold Town Hall, 53095 Main Road, Southold, New York for the purpose of conducting a public hearing to consider the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepazed by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and appazatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000. The Town shall issue bonds in the amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law. It is expected that the $361,000 balance of the cost of said Project shall be paid from other available funds of the District. At said public hearing, the Town Boazd will hear all persons interested in said subject matter thereof concerning the same. Dated: November 20, 2012 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk Town of Southold * + PLEASE PUBLISH ON NOVEMBER 23, 2012, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The New London Day Town Boazd Members Town Attorney Town Clerk's Bulletin Board Bond Counsel CERTIFICATE OF CLERK I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk do HEREBY CERTIFY that I have compared the foregoing copy of the Order Calling Public Hearing with the original thereof now on file in my office, which was adopted by the Town Board of the Town of Southold on the 20`h day of November, 2012, and that the same is a correct and true transcript of such original Order and of the whole thereof. fN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said Town this 20th da'y of November, 2012. Town Clerk (SEAL) STATE OF NEW YORK ) :ss COUNTY OF SUFFOLK ) AFFIDAVIT OF POSTING ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 21 st day of November, 2012, she affixed a certified copy of the Notice of Public Hearing of which the annexed copy is a true and complete copy, on the sign board of the Town, maintained pursuant to Subdivision six of Section 30 of the Town Law, and in the following five (5) public places within Fishers Island Ferry District, in the Town of Southold: 1. Fishers Island Community Center Bulletin Board 2. Fishers Island Library 3 Fishers Island Village Market 4, Fishers Island Post Office Bulletin Board 5 Fishers Island Ferry District Office Public Bulletin Board ~Q r~~ Town Clerk Sworn to before me this day of November, 2 12. r Notai y Public, State of New York LYNW1 M. RUDDER Nptary Pu61IC, Staff of NowYark No.01RU6020932 puaNtfed In SuHoNc Co Cemmissbn Expiros Mardi 8, 20 l5 At a regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, New York, on the 20th day of November, 2012. PRESENT: Hon. Scott A. Russell, Supervisor Louisa Evans, Councilperson Albert Krupski, Councilperson Chris Talbot, Councilperson William P. Ruland, Councilperson Jill Doherty, Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Ferry District, in the Town of Southold, in the County of in the County of Suffolk, New York Offered by: Councilman William Ruland Seconded by: Councilwoman Jill Doherty ORDER CALLING FOR A PUBLIC HEARING TO BE HELD ON DECEMBER 4, 2012 WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "Board" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted and subscribed by each of the members of the Board on October 24, 2012 and, together with the petition in due form, duly submitted to the Town Boazd (the "Town Boazd") of the Town, has requested the Town Board to call a public heazing to heaz all persons interested in the subject thereof, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and appazatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000; and WHEREAS, the Town shall issue bonds in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected that the $361,000 balance of said Project shall be paid from other available funds of the District; and WHEREAS, in the event any grant funds aze received by the District or the Town with respect to the Project, such grant funds shall be expended to pay a part of the cost of the Project and the principal amount of bonds or notes to be issued shall be reduced by an amount equal to the amount of grant funds so received and expended, or such grant funds may be expended to pay debt service relating to the bonds or notes issued to finance the Project; and WHEREAS, on August 15, 2000 the Town Board adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from five hundred thousand dollars ($500,000) to five million dollars ($5,000,000), as authorized pursuant to Section 4 of the Enabling Law, and such resolution has not been amended, modified or rescinded; and WHEREAS, this Board of Commissioners of the District, as lead agency, has given due consideration to the impact that the Project may have on the environment and has determined that the Project will have no significant adverse impact upon the environment and that it is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617; NOW THEREFORE, IT IS HEREBY ORDERED, that a public hearing be held by the Town Boazd will meet at the Fishers Island Community Center, Fishers Island, in said Town, at 7 o'clock P.M., on December 3, 2012 and will reconvene on December 4, 2012 at 7:32 P.M. at the Southold Town Hall, 53095 Main Road, Southold, New York to consider the Project, and the financing of the Project hereinabove described, including the issuance of bonds and/or notes of the Town and the levy and collection of taxes upon the several lots and pazcels of land within the Ferry District, in a sum sufficient to pay the principal of and interest on such obligations as the same shall become due and payable, in the same manner and at the same time as other Town charges; and ALL PERSONS desiring to be heard concerning the subject matter of the above referenced public hearing will be given an opportunity to be heard at the time and place aforesaid; AND IT IS FURTHER ORDERED that the Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Heazing in substantially the form prescribed in Exhibit "A" attached hereto and made a part hereof, (i) to be published once in "The Suffolk Times", a newspaper having a general circulation within the Town of Southold, and hereby designated the official newspaper of said Town for such publication, The New London Day, and (ii) to be posted the sign board of the Town and in five conspicuous public places within the District, such publication and such posting to occur not less than ten (10) nor more than twenty (20) days prior to such public hearing. The adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Supervisor Scott A. Russell votingYes Councilperson Louisa Evans votingYes Councilperson Albert Krupski votingYes Councilperson Chris Talbot votingYes Councilperson William P. Ruland votingYes Councilperson Jill Doherty voting_Yes The Order was declared adopted. + + ~ + EXHIBIT "A" NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Fishers Island Community Center, Fishers Island, in said Town, at 7 o'clock P.M., on December 3, 2012 and will reconvene on December 4, 2012 at 7:32 P.M. at the Southold Town Hall, 53095 Main Road, Southold, New York for the purpose of conducting a public hearing to consider the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000. The Town shall issue bonds in the amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law. It is expected that the $361,000 balance of the cost of said Project shall be paid from other available funds of the District. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. Dated: November 20, 2012 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK By: ~ i Elizabet A. Neville, Town Clerk Town of Southold CERTIFICATE OF CLERK I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk do HEREBY CERTIFY that I have compazed the foregoing copy of the Order Calling Public Hearing with the original thereof now on file in my office, which was adopted by the Town Board of the Town of Southold on the 20`h day of November, 2012, and that the same is a correct and true transcript of such original Order and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said Town this 20th day of November, 2012. Town Clerk (SEAL) ' Southold Town Board -Letter Board Meeting of November 20, 2012 '""`k{`o, RESOLUTION 2012-854 Item # 5.29 >`~5 ADOPTED DOC ID: 8277 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-854 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 20, 2012: WHEREAS, the Boazd of Commissioners of the Fishers Island Ferry District (the "Board" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted and subscribed by each of the members of the Boazd on October 24, 2012 and, together with the petition in due form, duly submitted to the Town Board (the "Town Boazd") of the Town, has requested the Town Board to call a public heazing to hear all persons interested in the subject thereof, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appeazing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and appazatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000; and WHEREAS, the Town shall issue bonds in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected that the $361,000 balance of said Project shall be paid from other available funds of the District; and WHEREAS, in the event any grant funds are received by the District or the Town with respect to the Project, such grant funds shall be expended to pay a part of the cost of the Project and the principal amount of bonds or notes to be issued shall be reduced by an amount equal to the amount of grant funds so received and expended, or such grant funds may be expended to pay debt service relating to the bonds or notes issued to finance the Project; and WHEREAS, this Board of Commissioners of the District, as lead agency, has given due consideration to the impact that the Project may have on the environment and has determined that the Project will have no significant adverse impact upon the environment and that it is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617; NOW THEREFORE, IT IS HEREBY ORDERED, that a public hearing be held by the Town Board on the 3rd day of December, 2012, at 7 o'clock P.M., at the Fishers Island Community Center, Fishers Island, New York, and will be continued on the 4'~ day of December, 2012 at 7:32 P.M. at the Southold Town Hall, 53095 Main Road, in the Town of Southold, to consider the Project, and the financing of Generated November 20, 2012 Page 42 Southold Town Board -Letter Board Meeting of November 20, 2012 the Project hereinabove described, including the issuance of bonds and/or notes of the Town and the levy and collection of taxes upon the several lots and parcels of land within the Ferry District, in a sum sufficient to pay the principal of and interest on such obligations as the same shall become due and payable, in the same manner and at the same time as other Town charges; and ALL PERSONS desiring to be heard concerning the subject matter of the above referenced public hearing will be given an opportunity to be heazd at the time and place aforesaid; AND IT IS FURTHER ORDERED that the Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing in substantially the form prescribed in Exhibit "A" attached hereto and made a part hereof, (i) to be published once in the "New London Day", a newspaper having a general circulation on Fishers Island, and once in "The Suffolk Times a newspaper having a general circulation within the Town of Southold, and hereby designated the official newspapers of said Town for such publication, and (ii) to be posted the sign boazd of the Town and in five conspicuous public places within the District, such publication and such posting to occur not less than ten (10) nor more than twenty (20) days prior to such public heazing. EXHIBIT "A" NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Fishers Island Community Center, Fishers Island, in said Town, at 7 o'clock P.M., on December 3, 2012 and will reconvene on December 4, 2012 at 7:32 P.M, at the Southold Town Hall, 53095 Main Road, Southold, New York For the purpose of conducting a public hearing to consider the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000. The Town shall issue bonds in the amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law. It is expected that the $361,000 balance of the cost of said Project shall be paid from other available funds of the District. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. Dated: November 20, 2012 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF Generated November 20, 2012 Page 43 Southold Town Board -Letter Board Meeting of November 20, 2012 SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk ~,~c~~T~ojwn of Southold i~ G of Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated November 20, 2012 Page 44 C%~2~~i~~lJ~1`~ DELAFIELD &WOOD LLP NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES (212) 820-9662 November 19, 2012 SACRAMENTO SAN FRANCISCO PORTLAND Town of Southold, New York (Our File Designation: 2615/195131 Martin D. Finnegan, Esq. Town Attorney Town of Southold P.O. Box 1179 Southold, New York 11971 Dear Martin: In accordance with the request of the Town of Southold, I have prepared the attached Order Calling for a Public Hearing for the increase and improvement of facilities of the Fishers Island Ferry District. Please note that a copy of the Notice is to be published at least once in the official Town newspaper designated for such purpose and posted on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law the first publication and such posting to be not less than ten (10) nor more than twenty (20) days before the date of the Public Hearing. I have also enclosed the Affidavit of Posting for completion and execution by the Town Clerk. A certified copy of the Order, the executed Affidavits of Posting and Mailing and an original Affidavit of Publication should be returned to me when they are available. With best regards, I am Very truly yours, Robert P. Smith RPS/ml Enclosures At a regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, New York, on the 20th day of November, 2012. PRESENT: Hon. Scott A. Russell, Supervisor Louisa Evans, Councilperson Albert Krupski, Councilperson Chris Talbot, Councilperson William P. Ruland, Councilperson Jill Doherty, Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Ferry District, in the Town of Southold, in the County of in the County of Suffolk, New York Offered by: Seconded by: ORDER CALLING FOR A PUBLIC HEARING TO BE HELD ON DECEMBER 4, 2012 WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "Board" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted and subscribed by each of the members of the Board on October 24, 2012 and, together with the petition in due form, duly submitted to the Town Boazd (the "Town Board") of the Town, has requested the Town Board to call a public hearing to hear all persons interested in the subject thereof, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000; and WHEREAS, the Town shall issue bonds in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected that the $361,000 balance of said Project shall be paid from other available funds of the District; and WHEREAS, in the event any grant funds are received by the District or the Town with respect to the Project, such grant funds shall be expended to pay a part of the cost of the Project and the principal amount of bonds or notes to be issued shall be reduced by an amount equal to the amount of grant funds so received and expended, or such grant funds may be expended to pay debt service relating to the bonds or notes issued to finance the Project; and WHEREAS, on August 15, 2000 the Town Board adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from five hundred thousand dollars ($500,000) to five million dollars ($5,000,000), as authorized pursuant to Section 4 of the Enabling Law, and such resolution has not been amended, modified or rescinded; and WHEREAS, this Boazd of Commissioners of the District, as lead agency, has given due consideration to the impact that the Project may have on the environment and has determined that the Project will have no significant adverse impact upon the environment and that it is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617; NOW THEREFORE, IT IS HEREBY ORDERED, that a public hearing be held by the Town Board on the 4th day of December, 2012, at 7:32 pm o'clock P.M. (Prevailing Time), at the Fishers Island Fire House, Fishers Island, New York, to consider the Project, and the financing of the Project hereinabove described, including the issuance of bonds and/or notes of the Town and the levy and collection of taxes upon the several lots and parcels of land within the Feny District, in a sum sufficient to pay the principal of and interest on such obligations as the same shall become due and payable, in the same manner and at the same time as other Town charges; and ALL PERSONS desiring to be heard concerning the subject matter of the above referenced public hearing will be given an opportunity to be heard at the time and place aforesaid; AND IT IS FURTHER ORDERED that the Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing in substantially the form prescribed in Exhibit "A" attached hereto and made a part hereof, (i) to be published once in "The Suffolk Times a newspaper having a general circulation within the Town of Southold, and hereby designated the official newspaper of said Town for such publication, and (ii) to be posted the sign board of the Town and in five conspicuous public places within the District, such publication and such posting to occur not less than ten (10) nor more than twenty (20) days prior to such public hearing. The adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Supervisor Scott A. Russell voting Councilperson Louisa Evans voting Councilperson Albert Krupski voting Councilperson Chris Talbot voting Councilperson William P. Ruland voting Councilperson Jill Doherty voting The Order was declared adopted. ~ * + ~ ~ EXHIBIT "A" NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Fishers Island Fire House, Fishers Island, in said Town, at 7:32 o'clock P.M. (Prevailing Time), on December 4, 2012, for the purpose of conducting a public hearing to consider the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000. The Town shall issue bonds in the amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law. It is expected that the $361,000 balance of the cost of said Project shall be paid from other available funds of the District. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. Dated: November 20, 2012 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK By: Elizabeth A. Neville, Town Clerk Town of Southold CERTIFICATE OF CLERK I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk do HEREBY CERTIFY that I have compared the foregoing copy of the Order Calling Public Hearing with the original thereof now on file in my office, which was adopted by the Town Board of the Town of Southold on the 20`h day of November, 2012, and that the same is a correct and true transcript of such original Order and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said Town this 20th day of November, 2012. Town Clerk (SEAL) STATE OF NEW YORK ) :ss COUNTY OF SUFFOLK ) AFFIDAVIT OF POSTING ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, being duly sworn, says that she is over the age of twenty-one years; that on the day of November, 2012, she affixed a certified copy of the Notice of Public Hearing of which the annexed copy is a true and complete copy, on the sign board of the Town, maintained pursuant to Subdivision six of Section 30 of the Town Law, and in the following five (5) public places within Fishers Island Ferry District, in the Town of Southold: 1. 2. 3. 4. 5 Town Clerk Sworn to before me this day of November, 2012. Notary Public, State of New York GHCB Consulting Engineers.. P.C. structural Engineering Geotechniral Engineering Historic Preservation Construction Support November 15, 2012 Mr. Donald Lamb General Manager Fishers Island Ferry District 5 State Street New London, Connecticut Re: Fishers Island Ferry Terminal Main Ramp Restoration Princiaa~s Dear Mr. Lamb, r:.- ~ •;tF PE t ' ' ee Following up on our conversation, I believe that the following information and `t' ~ ~'F documents will constitute adequate information for the Town of Southold to eu,echm„ai asse~iacE proceed with your bond funding and bidding for the proposed improvement and restoration of the north ramp, or main ramp, at the Fishers Island Ferry s~nrctera~ASSOCiate Terminal on Fishers Island. These documents include the following information: • Copies of NYSDEC, US Army Corps of Engineers and the Town of Southold permit. • Amendment required by the NYSDEC and the Town of Southold for minor modifications. The Corps of Engineers feels that this work is covered under Nationwide Permit Number 13. • Copies of the plans and specifications, this document, and contract documents, for the upcoming project. ,3o Elm street • Copy of the newspaper advertisement authorization for your signature. Po soxsoz Posting this information in the newspaper will begin the bidding Old Saybrook. CT 06475 process. As we discussed the following dates are significant in this Tei ssosss.t2z4 Fax 866.3884613 prOC@SS: lastname~ncbengtneerscom gncbengineers.com Mr. Donald Lamb Page 2 of 215, 2012 GHCB • Pre-bid conference, mandatory among potential bidders scheduled for Thursday, November 29th, 2012 at 12:15 at the Fishers Island Terminal. Bids are to be received on Thursday, December 13th, 2012 at the New London Terminal. We believe that this will give the Board adequate time to review the bid, make a recommendation for awards, have that approved by the Town, and be ready to sign the contracts and begin construction on January 1st, 2013. Also attached is a copy of the engineering report, which was done in two phases as you will recall. The first phase is for the rehabilitation of the existing hinged vehicle ramp. The second phase conducted later this summer and summarized in letter to you from Mr. Charles Brown, P.E., justifying the proceeding with concept plan C, which is for a wider and longer ramp occupying the same extent (encroachment) as the existing facility. This is the document that was submitted to the NYS DEC and the Town of Southold and was approved in their specific amendments. I trust that you will find all of this information helpful in your documentation to the Town of Southold. This project is and highly justified for an essential transportation facility. The existing ramp has given admirable service for more than a quarter of a century as vehicle loads and traffic, to and from the island, has increased dramatically. Completion of this project is in the best interest of safety and operational efficiency for the Ferry District. I trust that you will find all this information helpful in your process with the Town. Please let me know if you have a need for any further information or meetings with the Town are necessary; we will be pleased to be of assistance in any regard. Very tr I yours, Mr. Charles Brown, P.E. GNCB Consulting Engineers, P.C. w/attachments cc: Docko, Inc., Keith B. Neilson, P.E. F.I.F.D., Mr. Robert Brooks File: 11-1-2270 F.I.F.D. Fishers Island Ferry District P.O. Box H Fishers Island, NY 06390 631-788-7463 Voice 631-788-5523 Fax NOTICE TO BIDDERS NOTICE is hereby given that sealed proposals are sought and requested for the repair of the north boarding ramp at the Fishers Island terminal and performance of work thereon as per specifications. Specifications tnay be obtained in the office of GNCB Engineering, Saybrook, CT. All bidders are required to attend apre-bid conference at Fishers Island on Thursday November 29, 2012 at 12:15pm. Proposals, in duplicate, must be received in the New London office of the Fishers Island Ferry District, New London Terminal not later than 10:00am, December 13, 2012. Bids and a recommendation for award will be reviewed at the Commissioners' meeting held on Fishers Island New York at 4:30pm on Friday December 14, 2012. The right is reserved to reject any particular bid or to reject all bids. The Town Board of the Town of Southold, New York or the Board of Commissioners of the Fishers Island Ferry District, if authorized, may award the contract to the bidder whose bid is deemed most favorable to the District. The absence of any bid by the Board of Commissioners shall be subject to the approval of the Town Boazd. Dated: November 15, 2012 Board of Commissioners Fishers Island Ferry District d b General Manager A CURRENT COPY OF THE NATIONWIDE PERMIT WILL BE DISTRIBUTED TO THE CONTRACTORS AT A LATER DATE FINAL NATIONWIDE PERMIT REGIONAL CONDITIONS AND DESIGNATED CRITICAL RESOURCE WATERS IN THE BUFFALO AND NEW YORK DISTRICTS (NEW YORK STATE) I. Nationwide Permit Suecific Regional Conditions: (Note: See Sections II and III for additional regional conditions that may apply) Unless otherwise noted, all proposed regional cooditlona listed herein are applicable for activities lathe entire state of New York. Nationwide Permit 1-Aids to Navigation Permit-specific Regional Conditions (Buffalo and New York Dietrich): None Nationwide Permit 2 -Structures in Artificial Canals Permit-specific Regional Condidooe (Buffalo and New York Districts): None Nationwide Permit 3 -Maintenance Permit-specific Regional Conditions (Buffalo and New York Dietricta): a. The Nationwide Generel Pemilt Condition No. 31-Pre-Cons[nretion Notification (PCN) for activities proposed under NWP 3.b. involving the removal of accumulated sediments and debris in the vicinity of existing structures to restore the waterway to previously existing depths, must include evidence of such depths. Such evidence may include but is not limited to: construction drawings of the original structure; or project drawings of past excavation activities in the vicinity. [f this information is not available, the PCN must include evidence of the existing depths immediately outside the proposed work area. b. Every effort should be made to prevent additional encroachment into the beds of New York watetbodies. All repair or rehabilitation activities should focus on using the area immediately landward of the existing structure. Bulkhead replacement shall be completed in-place or landward of the existing structure where practicable. When that is not practicable, a PCN shall be required for any encroachment proposed within tidal waters of the U.S. or any extensions that exceed I S inches waterwazd of the existing bulkhead within non-tidal waters. The PCN must include justification for a waterward extension of the bulkhead (e.g geologic conditions, engineering requirements, etc). New York DiatriM Only Permit-epecifle Regioasl Condition: c. Fot those activities that require a PCN to the Corps of Engineers, and are located within Essential Fish Habitat waters as defined in Section II.D.8. below, to the maximum extent practicable, no in-water work shall occur between Mazch 1 and June 30. REMINDER TO APPLICANT: For projecb involviag culvert rosinbnance or replacement, please take particular Dote of the requirements of Geoersl Regional cooditlona A.Il. and A.12., below. Nationwide Permit 4 -Fish and R'ddlife Harvesting, Enhancement, and Attrac4ion Devices and Activities Permit-specific Regional Condition (Buffalo sod New York Districts): None 6 DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING App ~ ~ 2U11 NEW YDRK, N.Y.10278-0090 ~rRR REPLY TO ATTENTWN OF: Regulatory Branch-Eastern Permits Section SUBJECT: Permit Application Number NAN- 2011- 00224-ESQ by Fishers Island Ferry District Fishers Island Ferry District Attn: Robert Brooks, Ii, Chairman P.O. Box H Fishers Island, NY 06390 Dear Mr. Brooks: On February 14, 2011, the New York District Corps of Engineers received a request for Department of the Army authorization for the repair of an existing ferry ramp. Repairs will include the replacement of (1) 14 - foot wide by 24 - foot long ramp with a maximum of 22 - foot wide by 30 - foot long ramp. (1) 40 foot long bulkhead will be reconstructed using steel sheet pile and backfill with (80) cubic yards of gravel, stone fill. The site is located along Silver Eel Cove, in the Town of Southold; Suffolk County, New York. Based do the information submitted to this office, and accomplishment of notification in accordance with the applicable federal requirements, our review of the project indicates that an individual permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under Department of the Army Nationwide General-Permit Number 3. The . nationwide permits are prescribed as an Issuance of Nationwide ' Permits in the Federal Register dated March 12, 2007 (FR Vol. 72, No. 47). The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Section B, No.3, Section C, any applicable New York District regional conditions, and any applicable regional conditions added by the State of New York, copies enclosed. fir, . . Special Conditions 11 The permittee uaderataada and agrees that, if future operatioaa by the united Staten require the removal, relocation, or other alteration, of the structure or mock herein authorized, or if, is the opinion of the Secretary of the kmY or hie authorized representative, said structure or mock shall cause unreasonable obstruction to the Lree navigation of the navigable maters, the permittee mill be required, upon due notice frame the Corps of 8ngiaeara, to remove, relocate, or alter the structural work or obatructioas caused thereby, without expense to the United States. No claim shall be made against the United States oa account of any such removal or alteration. Please note that this nationwide permit (NWP) verification is based on a preliminary jurisdictional determination (JD). A preliminary JD is not agpealable. If you wish, prior to commencement of the authorized work you may request an approved JD, which may be appealed, by contacting the New York District, U.S. Army Corps of Engineers for further instruction. To assist you in this decision and address any questions you may have on the differences between preliminary and approved jurisdictional determinations, please review U.S. Army Corps of Engineers Regulatory Guidance Letter No. 08-02, which can be found at: http://www.usace.armv.mil/CECW/Documents/cecwo/reglrgls/rg108-02.pdf This verification is valid for a period of two years from the date of this letter, unless the nationwide permit is modified, reissued, or revoked. This verification will remain valid for two years from the date of this letter if the activity complies with the terms of any subsequent modifications of the nationwide permit authorization. If the nationwide permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of a nationwide permit, and the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. All of the existing NWPS are scheduled to be modified, reissued, or revoked March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPS. We will issue a public notice when the NWPS are reissued. Thin authorization is conditional oa the applicant's receipt of the required mater quality certificate or waiver from the Nem York State Department of Environmental Conservation (NYSDEC). No work may be accomplished until the required approval from NY3DEC has been obtained. f= This authorization is conditional oa the applicaat~s receipt of the required coastal zone management concurrence or waiver from the New York Stat® Department of State (NYSDOS). No work may be accomplished until the required approval from NYSDOS has been obtained. Within 30 days of the completion of the activity authorized by this permit, and say mitigation required by this permit, you are to sign sad submit the attached compliance certification form to this office. In order for us to better serve you, please complete. our Customer Service Survey located at: http://www.nan.usace.army.mil/business/buslinks/regulat/index.ohp?s urvey. If any questions should arise concerning this matter, please contact Sophia Squires, of my staff, at (917) 790- 8401. Sincerely, Stacey Jensen Chief, Eastern Permits Section CF: Docko, Inc. Attn: Keith Neilson P.O. Box 421 Mystic, CT 06355 NOTES: 1N 1 1. ELEVATION DATUM IS MEAN LOW WATER Q'1LWj. ~ G •N 9B • ' II ! 2 TIDE DATA IS TAKEN FROM 2On NOM TIDE TP8LE5 REFERENCE : SN.VER EEL POND. F15FiERS lSLfND. \ St ~ 1 3 ~ 95 2 3. PROJECT DESCRPTIOrI ~ ~ 8s ~ ~ ~ I REP.ACE OR REPAIWREFURBISH AND RFJNSTAU. idV E>aSTING p ' 1 ~p . ~ FERRY TERMMIAI. LOADING RAMP. REPLPCE DOSTIIVG WOOD FILE k~~ 66 1 COUNTERWEIGHT TOWERS AND FENDER PIES WITH 51NGLE \ ~ ~ W I M STEEL PI.E COUt~RERNtt~F1T TOWERS AND FENDER PALES, AL,O ~M pp ti'• REPLACE TWO EXISTING FENDER DOLPWNS, WATERWPRD OF THE APPARENT HIGH WATER LINE "s ~ >e~•w/i~,.P q , f 4. FROJECT PJRPOSE ~ °ir,,,~ THIS 45 A FERRY TERMINAL LOADING FAGh.rtY M a , C SUPFURT OF A GOMMERGAL FERRY. ~ fs 5. THESE A°PI.IGATION DRAWINGS REPRESENT A COMPILATION OF SURVEY5 F'OR ENVIRONMENTAL I • P_RMIT RJRPOSES. THEY ARE Nor CONSTRUCTION ~ ~ , y I ~c CONIRPCT DOCUMENTS. A TOW WCITY &JILDNJG 2s G ~ p, PERMR MAY 8E REQUIRED. yS Y6 r 6. ADJOINING PROPERTY OWNERS: WEST. EAST: LOC=,~.TION f"IAP R U5 COAST GUARD STATION TOWN °f SpIJTHOLD CFURC ~ 17372 C/O COAST GUARD STATION NEW LONDON PO BO)t 728 `'~y°~ NEW LONDON. GT 06320 SOIJTIiOLD, NY TI971 100.7 O ~ 1000 N YIf~' Yeti.,.:. ^ Lw.A'j'-.' -~.,....y~.z '4~`.1^K"Vn':F~~~~- .t••g~'~^.1i.ri~.. w,.~. FISHERS If~L.ANO~-~-~ ,.......,+•r--^~''~:4 ~~D:.Y!iLi..np ~,~C ;`~.r ,~c-,?s^~w^~S2:s,r:~+K^~5ii .J `y,;~,~; •a~ }'"~,L~>.!•y,,sy:`ytti;~n:i5~1c'. 1 4 NIT' rlilJrLn•, I ~ ~._,"*e•~4>*~LS V.-hNy~Y. ~,a' ~.t Y. SOUND k L 1;'J._stij T~uhY/£^,1!-.tayi. :GADAF_ArIILY:P 8~?:~FISHERS ISLAND~'~:` jjO~7~`" ~,,~'':;~`.`;,~;'T"OWN of SOIJ"i'7-TOLD°. "~M`~f'•`u: ~"'i7:1`::. sf"qu,.~lwt~r~,~,~-s ro ~`:.a°~T,•:-y~~,' uti~'1''~~,,,,• r ~ ~.~Y~ ~a;~~~r~riN`~`T y''~,~'Ms'+, e,~;.~xF ~ ti"''•'~, M s ibf i i.~. ar_r.~ _ ° o SIL~/ER EEL •`a'.p`"'`'.~i 5v.~y~~~ ~'~?^1' a °„q~9. o ~ GO~/E ~ T~~-~~ :~'r'~"+~.•~'`~;r~.°~4~4'x,'t~~''~r_~~":`y~~,, .....N ~ O Y4 AID •.tiy~ V4 ° ° f,; ~Lii awn. ti'+~.J .y~~.(. o ° ° ° ° ° ° ••~?N/FPROPERTYaFv ° ° G\NN Of SOUTHOLD o PROJECT: LOADING RAMP i,~+'r4+,I,.. - '~u...~•'•• REPAIR /REPLACEMENT " ~;:~"+~~~,-'~~a~h.ti N/F PROPERTY OF •@~ ~*Ia,Y. ° tih `~''~i-:~i w°''.L}~i a~o+:•:~afaiF t... ~ ° o ~ +»7,. ~h"°t .~S,arr':a;<•t U.S. COAST GUARD i ti.+;y-,=•. :s+t•+~~''s°; :,;'y~; r!r~ 4.`3' r w .M.r1• ~+'rIF~','\ .^"~~p b ° ry..~+Y s~Y.+»r..'v'f rsC.1'tµinJw ,.?.ti- ' s? '-'fi.c,~'~~ er. ws:::::, . b'~'~ k •naK:i~:-'a~i~ai;t ii ° A. rl~'!e~~~~1{yM' h,~:5i ^t:::•: ::ev::::.. : ^ : : : : : v : : : : : : : : : : . . . Q .44~}.~'~ NJF PROPERTY of viii:%;ii;5;:%%:i~;'ri>.;::•::... _ ti~•$,,,..r :::::..::':!':iii::, ~'~:i!i ...:::::::.:~::,,x::: [:cvi::::::.::.. .........n......................... A GAD FAMILY YiY:Yiiii iii:•iii:~iiiiSiii. i::::::::::•::::::i si ~ <t . ~::.:;;aea::i~:;asa:;.>r.:;x~::...:::iiiaan;a:;::.arii>:,:::x~......,r .~.•~.C~; PARTNERSHIP~~ /:;;~:~:io;•-:SITE x:;;.;;;-.;i:.sr;: ;:;:r~ R.ALL PL.A/V dtia .z.; q I..'_:?,k~.~mc :?r,'''<:`::'•::r:,s~€'PROPERTYOF:r:`'; *t;;=r ~ LS ~ t FISHERS ISLAND : C•rtii+IC 9ClLE I JOG' •iii7 ev~i^C~~i$!"a:4 Q't,~~-~yZ.`.~" G"" w",=irr'rl: G; FERRY DISTRICT ? ~'.~~~v .w`n'"~ti na `:y 7010 100 O v ~ 700 _ e.... ...rr., 5;- . r ' . . . PROJECT: MAIN RAMP REPAIR /REPLACEMENT L.OCAT1OI~G F'ISHFQC L51.PND - TOWN ~ SOUTHOLD ,t~~~O KEI~w WATERWAY: 51. EEL COVE' NEW YORK DATE JANUARY 2q 2011 ~ ~ * * APPLICANT: FLT ISL.Ar1D FERRY ~ 0 x n ~ N~EIYi ~SHEE~T 1t OF 3 ~ C ~OGKO, INC. y ~ O 8869'2', KaYth 8. Nebai, PE Q P OPESSIC~P~ ~ 572 8939 FAX 860572 7569 TJ~VG TI-1-2270 ' EMAIL dodre~xrr.M ~ Ndwt Ge6e Y~c. 7Z7Gn 9s Prt FFOJ"~*Ru+vJa«i APR 1 4 2011 NAVY RER EX1571NG DOLPHIN ` OBE REPLAGF~ (7?'P) SIL~/ER EEL GO~/E EXISTING LOADING RAMP TO BE REPLACED OR ~cT~ •~cT RfWIP REPAIRED/REFURBISHED and REINSTALLED NO GRANGE PROPOSED ALWL, MHWL and AHWL ALONG FACE of BULKHEPD (TYP) MAKIMUM NEW EXISTING RAMP EX1S11NG FENCE (TYP~~ l5sFT RAMP DIMENSIONS PPOR'bFENDER PH.E (TYPE ii ~2-FT WIDE X 30s{.F P - EXISTING TIMBER WHARF - • . , x•.:.•..... is~:ti:: EW i;i:;: STEELA'LE'';.:.'..:;~:'ii'ir;:i.`•:.'.;"::;''::::':~i:;;2;~:`i:•::•:: E>a5?NVG:ilti: BULKFIEAD ":t~ ~zti:~'::~ GONGRErE i NTERN~HTTOWERS`:t;•::::•r:;:•::a::..•••:i:<:;•.';;;::4::;<::::::::::::•::••::;•:>::::::::;•::•:;•>::::::::::.:::::::::::::.~:::::::.~::::::>:~::~:;;;•;::•:ta:;;:•;;:;:•>::;:: APPROXIMATE"'~ii: PROPERTY u':`"` TING BRUMINOUS PAVEMENT i :;:::;;;'4:~:::;;;;:~:;:.'<??;: -?-E i> PROPERTY of `~~>~~'~>~>iii'~:'>:~:~>'~`>:r~:~`~>~~»~`~>`>:::'>:~:~~~>:>~~:'~:;~>,::::>:~::v:;.;:~:~>;:v:~:~;::~;:~;:;:•;::;•;::~;:;:~::~::~;;:;•;:•::~;;:~::::::::.~::::::.: ~:•:.~:;;:~;;;::;:;;:•;:;;:~;:~;:;•;:r:~:~>: `;~`:?~FISHERSISLAND :>•:::;::r:•::•::::;:;:ii:::;•:;~:;::~:::'is'~:;':;::r;::;'_: rEw5E~8J~oa.vr~ ':~.FERRYDIS'TRIGT I~ eo~~ca~rncnors ~~~wtn~>.waiw~ N aoa¢ BUILDI ~r vt,_ av ea:rrrie soe GEC srr.E 1 no tw,o w.r-s (ttvl .50 40 30 70 b O 50 - HiL33's - - FFIW 13 RHPLP.GHIMEIVT r~u'O~ - OOLPHIIV DEE.AT~.IL G~Y•FK. SCOLE 1'.10' b S O 10 M3 j}''S.~s!`~•'L~ ~ .=~4~'~ I .~a80~f.OM.. ~~yy.s ~.?YJD,-~:.': L. a t' iV'z• 'K 4L~\. ~sye3,~.1\!S:. PROJECT: MAIN RAMP REPAIR / REPLACEMENT F NEW LOCATIONt FISHERS LSUU.I~ - rOWN of EouTriOLD ~,St~ G~ K Th WATERWAY: 51LVER ~L CAVE' NEW YORK c-, ¢ DATE JANUARY 21, ~OII C f yJ ~t AFPIJC'NYT: FL5HER5 ISL.MID FERRY • ~ i~ 2 AGENT; S~Fi E~2 OF 3 ,~j ~ ~ ~ oocKO, iNC. ~ ~ 46&ssa^ KeNh B. N.a.oti PE C ~•G~ ESSIOyP~ rh>Nk CT 06355 C P ~ e6o sn e~ FAx e6o sn ~ owG T~.~-moo EMAY: dx~ka®xier.rM KJ111 tN~rr 11rVn 4 '1/1MI11I10~ pp1 u.1...p~ •]J.. a~ ~ ~ 2o~t NEW 51NGLE STEEL PILE NEW SINGIF STEEL PILE COURT TOWER and COUMERN~FJGHT TOWER and SHEAVE A55EMBLY (fYP) (xe detaA) SHEAVE A55EMBLY LOCATION FOR E%15TING i1MBFR RlE COUNTER RAMP IF REPLACED (i'YP) I I WFJGFIT TOWER TO BE Rc'R.P~GED (TYP) NEW STEEL. I-I FENDER PILE tdfh-~-I I ~ I II ~ Ep5TdJG L~FRS (fl'PI BRACE TO SHORE RM" 1P TO BE IF RAMP IS EX15T1NGITH~ PLE I` ~ I I I I I REPLACED ar REPAIREDiT2ERJRB15FiED and REINSTA t Fn REPLACED (T~rP) ~+~N (TM~ I! ! i. I I I I I r rov'oF eu.a~.w e~ ~,Fr ~,_how r~v,;ao~rw LATH 3~ cHVaaLUac ~ENr,E APPROXIMATE LIMIT OF I I 1 ~ E Ra~P _ <x K< 1 BRUI'tlN0U5 VH'IOYT I y - , . , •'E45iTJG 11E~8PQC ANCHOR (T1'P')'tQ+ M~rM3Z9~- - ~ - - ~ P5 tRY E~T1NG 5iF9. BEAM I I, I I I ~ ERBTYJC SHEET RLE BULKHEAD (TY7) '.yP~15 BIAXHEPD (TY7) RAMP StmPORT (rrvi I I I I I I I I I 4eFT i ~ D05i1NTCa R ~5 ~ (~1'dl I I I I I I IFROM FACE 4OsLF SCOUR PROTECTION 57EEL 11 I j I I ela.KFEAD 5HEET Pp.E wFrh BOsGY ofCLFiW GRAVEL. 1 I ~ j I I ~ GRU5HED 5iL7NE ar GONGRE7E 94CKRL1 I I I I OVER 2Ops5F `11;~,, 1 . I II l ` 1 1~ 7 p fI PROF'IL_1= NEw couNTERWEiraI~ITCAELE cwPr•CSrxe t'.10' SHE4VEA55~BLY 10 S O 10 NOTERELGI^ATE ~RN'DWOIH72FT-`~' ~ITTOWER DV5TN8aN"o A - vd FED P9.E2~OLGFMN WDTIi t/~Pf TOACCONANODAIE NEW RAMPWTDiii (TYP) LCWD9U4 RAMP TO /~yy g~7~~{gN(yY, BE REPEALED ar RAnPHasr(Trn REPAJRBLSFIED ma RErvsra_Lm NEW SMIGI.E STEEL FLE car rowm (tYP~ COUIVTHRWEIGF-iT L~yap,~,I TOWE3R DSTAIL_ • swwf~cscxe t•.to• ----~?nwL-- 10 D O p ____-iLWL---- NEW RAMP S4FEIY BE41M PRQJEGT: MAIN RAMP REPAIR /REPLACEMENT LOCATIOPk FI5HER5 SLMI~ - TOWN Of 50UTHOLD ~P OQF N hW J`~ DWAATERWAY: ~ OayE~ NEW YORK 0 • vJ ~ APPLKrWT: RSFiER515LAND FERRY • it ~ x DISTRICT , ASFJVT: SHEET 3 OF 3 • _ • ~ c `4 ~aaasz- 9aFES5'pN~~ 860 57~ 8.939 FAX 860 57] 7564 p~ n-t-177o EMAIL• docko~rrtner K.xn N.a•~, o.e• k v~~on ta.w wv_rle`.rrelnJ•ewy APR 1 ~ 2011 ATTACHMENT e PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): April 13, 2011 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Fishers Island Ferry District, P.O. Box H, Fishers Island, NY 06390 C. DISTRICT OFFICE, FILE NAME, AND NUMBER:NAN-2011-00224-ESQ D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:New York County/parishlborough: Suffolk City: Southold Center coordinates of site (IaUlong in degree decimal format): Lat. 41 28 415° Pick List, Long. - 72 00 886° Pick List. Universal Transverse Mercator: Name of nearest waterbody: Silver Eel Cove Identrfy (estimate) amount of waters in the review area: Non-wetland waters: linear feet: width (ft) and/or acres. Cowardin Class: Stream Flow: Wetlands: acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Silver Eel Cove Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: April 13,2011 ? Field Determination. Date(s): 1 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for anon-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (ti) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: 2 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply -checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the a plicant/consultant:Site Plans of Project Location in Southold, New York. Data sheets prepared/submitted by or on behalf of the ap pl icant/cons u Itant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ? U.S. Geological Survey map(s). Cite scale & quad name: ? USDA Natural Resources Conservation Service Soil Survey. Citation: ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ? Aerial (Name & Date): or ®Other (Name & Date):Photo of Site Location taken on 2/4/2011.. ? Previous determination(s). File no. and date of response letter: ? Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Coros and should not be relied upon for later iurisdictional determinations. ~`~~l/ Signature and date f Signature and date of Legal Instruments xaminer person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) 3 10270 Federal Register /Vol. 77, No. 34 /Tuesday, February 21, 2012 /Notices 39. Commercial and Institutional High Tide Line such modifications, including the Develo ments Historic ppro arrt[yy removal of material from the stream 40. Agricultural Activities Independentutility channel, must be immediately adjacent 41. Reshaping Existing Drainage Ditches Induect effects to the project or within the boundaries 42. Recreational Facilities Intermittent stream of the structure or fill. This NWP also 43. Stormwater Management Facilities Loas of waters of the United Stales authorizes the repair, rehabilitation, or 44. Mining Activities Non-tidal wetland replacement of those struchues or fills 45. Repair of Uplands Damaged by Open water destroyed or damaged by storms, floods, Discrete Events Credinary high water mark fire or other discrete events, provided 46. Discharges in Ditches Perennial stream the repair, rehabilitation, or replacement 47. lReservedl Practicable is commenced, or is under contract to 48. Commercial Shellfish Aquaculture Pre-constroctian notification commence, within two years of the date Activities Preservation of their destruction or damage. In cases 49. Coal Remining Activities Reestablishment of catastrophic events, such as 50. Underground Coal Mining Activities Rebabilitetion hurricanes or tornadoes, this two-year 51. Land-Based Renewable Energy Restoration limit maybe waived by the district Generation Facilities Riffle and pool complex engineer, provided the permittee can 52. Water-Based Renewable Energy ~P~~ areas demonstrate funding, contract, or other Generation Pilot Projects Shellfish seeding similar delays Single and complete linear project (b) This NWP also authorizes the Nationwide Permit General Conditions Single and complete non-linear project romovel of accumulated sediments and 1. Navigation Stormwater management debris in the vicinity of existing 2. Aquatic Life Movements Stormwater management facilities structures (e.g., bridges, culverted road 3. Spawning Areas Stream bed crossings, water intake structures, etc.) 4. Migratory Bird Breeding Areas Stream channelization and/or the placement of new or 5. Shellfish Beds Structure additional riprap to protect the e. Suitable Material Tidal wetland structure. The removal of sediment is 7. Water Supply Intakes Vegetated shallows limited to the minimum. necessary to 8. Adverse Effects From hnpoundmen[a Waterbody restore the waterway in the vicinity of 9. Management of Water Flows B. Nationwide Permits the structure to the approximate 10. Fills Within 100-Year Floodplains 1. Aida to Navi lion. The lacement d~meneions that existed when the 11. Equipment go P strocture was built, but cannot extend 12. Soil Erosion and Sediment Controls of aids to navigation and regulatory f~her than 200 feet in any direction 13. Removal of Temporary Fills markers which are approved 6y and from the structure. This 200 Foot limit installed in accordance with the 14. Proper Maintenance does not apply to maintenance dredging 15. Single and Complete Project requirements of the U.S. Coast Guard to remove accumulated sediments 18. Wild and Scenic Rivera (see 33 CFR, chapter I, subchaptaz C, blocking or restricting outfall and intake 17. Tribal Rights part 68). (Section 10) structures or to maintenance dredging to 2. Structures in Arti 'cial Canals. remove ecmunulated sediments from 18. Endangered Species h 19. Migratory Bird and Beld and Golden Structures constructed in artificial canals associated with outfall end intake Eagle Permits canals within principally residential structures. All dredged or excavated 20. Historic Properties developments where the connection of materiels must be deposited and 21. Discovery of Previously Unlmown the canal to a navigable water of the retained in an area that has no waters of Remains and Artifacts United States has been previously the United Stelae unless otherwise 22. Designated Critical Resource Waters authorized (see 33 CFR 322.5(8)). specifically approved by the district 23. Mitigation (Section 30) engineer under separate authorization. 24. Safety of Impoundment Structuues 3. Maintenance. (a) The repair, The placement of new or additional 25. Wataz Quality rehabilitation, or replacement of any riprap moat be the minimum necessary 28. Coastal Zone Management previously authorized, currently to protect the strocture or to ensure the 27. Regional and Case-by-Case serviceable structure, or fill, or of any safety of the stmcture. Any bank Conditions murently serviceable structure or SIl stabilization measures not duectly 28. Use of Multiple Nationwide Permits authorized by 33 CFR 330.3, provided associated with the atrochue will 29. Transfer of Nationwide Permit that the structure or fill is not to be put require a separate authorization from Verifications to uses differing from those uses the district eaaggmeer. 30. Compliance Certification specified or contemplated for it in the (c) This NWP also authorizes 31. Pre-Construction Notification original permit or the most cacenily temporary atruchues, fills, end work authorized modification. Minor necessary to conduct the maintenance District Engineer's Decision deviations in the struchue's activity. Appropriate measures moat be Further Information configuration or filled area, including taken to maintain normal downstream Definitions those due to-changes in materials, flows and minimize flooding to the construction techniques, requirements maximum extent practicable, when Beat management practices (BMPs) of other regulatory agencies, or current temporary structures, work, and Compensatory mitigation conslmction codes or safety standards discharges, including cofferdams, are Currently serviceable that ere necessary to make the repair, necessary for conatmction actfvitiea, Direct effects rehabilitation, or replacement era access fills, or dewatering of Discharge authorized. Any stream channel construction sites. Temporary fills must Enhancement modification is limited to the minimum consist of materials, and be placed in a Ephemeral stream necessary for the repair, rehabiliteticn, manner, that will not be eroded by Establishment (mention) or replacement of the structure or fill; expected high flows. Temporary fills General ResIonal Conditions: These conditions apply to ALL lYatioawide Permits. A. Construction Best Afanagement Practices (B1VIP's): Unless specifically approved otherwise, the following BMP's mustbe implemented to minimize erosion, migration of sediments, and adverse environmental impacts. Note that at a minimum, all erosion and sediment control practices must be designed, installed and maintained in accordance with the latest version of the "Netiv York Standards and Specificatioru for Erosion and Sediment Control 'this document is available at: httnJlwww dcc state nv us/websiteldow/toolbaxlescstandardsl. 1. All synthetic erosion control features (e.g., silt fencing, netting, mats), which are intended for temporary use during construction, shall be completely removed and properly disposed of after their initial purpose has been served. Only natural fiber materials, which will degrade over time, may be used as permanent measures, or if used temporarily, may be abandoned in place. 2. Materials which are temporarily sidecast or stockpiled into waters of the United States must be bacldilled or removed to an upland area within 30 days of the date of deposition. 3. Dry stream crossing methods (e.g., diversion, dam and pump, flume, bore) shall be utilized for culvert or other pipe, or utility installations to reduce downstream impacts from turbidity and sedimentation. This may require piping or pumping the stream flow around the work area and the use of cofferdams. 4. For trenching activities is wetlands tht applicant shall install impermeable trench dams or trsttch breakers at the wetland boundaries and every 100 feet within wetland areas to prevent inadvertent drainage of wetlands or other waters of the United States. 5. No in-stream work shall occur during periods of high flow. 6. All culverts shall be constructedlinstalled in accordance with the following:. For projects that involve the installation of a new or replacement culverts for the crossing of Esh-bearing streams, then a bottomless culvert or bridge that completely spans the stream's bankfull elevation is required. Fish-bearing streams include all state-designated trout strums (i.e., streams that have the following New York State Department of Enrlronmrntal Consm•ation classifications: AA(t), A(t), ]3(t) or C(t)), or other fish-bearing stream. Local NYSDEC fisheries biologists can provide assistance in determining if a particular stream supports fisheries. The requirement for a bottomless euhert or brid¢c can be ~caiced if engineering or other evaluations indicate that a bottomless struchtre is not feasible for such a CIOSStng, in which ease a closed culvert may be used ~~ith proti°isions fee embedment as specified below. Information documenting the n•aluation shall be included in the permit application. This information must document why the use of x bridge, arch-spin ar other bottomless culecrr, tcould net be a practicable a!temative. At a minimum, an engineerin3 ecalua~ien which shows that a bottomless sn-uchue is nor feasible for suc~. a crossing, as well as a case comparison of ceastructinn ted~riquts and xss~~cislad r„xint_nanca foe these ah:rnsti.~es mus? b- pru~idaj ~ SaaoaC6annatNflda r~ i I 1 .'I. • ~ s~ ~ (fir. V ' Bottom-IesaAahCUlrett • withFooBa~s Unless clearly demonstated that it would not be practicable, closed culverts will be buried/cmbedded to a minimum depth of 1 foot for boz culverts, and 2 feet or 20 percent of the vertical rise for round, or elliptical culverts, to allow natural substrate to colonize the structure's bottom, encourage fish movement and maintain the existing channel slope. If clearly demonstrated that the culvert cannot be embedded (e.g., bedrock or underground utilities, etc.), then measures shall be employed to enstur/enhance passage of aquatic organisms (e.g., baffles, etc.). Culvert slope should not exceed 4 percent. t ' ~ amaaRmrnwgar . I rSYaamOamNYidN -~I I 1 1 • I .~q ~ .~~,d:1e ~ air _ - 1051 ' ~'fahaddad. Bank-full flows shall be accommodated through maintenance of the existing bank-full channel cross sectional area (or stream channel width at a trtinimum of 1.25 times the ordinary high water, or a 2 year design storm) within the culvert. An average of three measurements (project location and straight sections of the stream upstream and dovvnstreaml should be utilized to dttttmine appropriate opening width. hiezsures will be included in all culvert construction that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern; and profile of tht seam above and below a pipt or culvert should not be permanentl}- modified by vvidznirg the stream channel or by rrducina the depth of the stream in connection with the construction activit}~. If adverse impact (i.e., increased erosion, changes in normal v:ater depths, etc.) to any waters of the United States due to poor construction practices aze discovered, the permittee shall take necessary measures to correct this deficiency. B. No regulated activity authorized by a Nationwide Permit can cause the loss of areas classified as a bog or fen in the State of New York, as determined by the Buffalo or the New York District Corps of Engineers, due to the scarcity of this habitat in New York State and the difficulty with in-kind mitigation. The Districts will utilize the following document in the determination: Reschke, C. 1990. Ecological Communities of New York State. New York Nature] Heritage Program. New York State Departrncnt of Environmental Conservation. Latham, N.Y. 9Gp. This document is available at the following location: httu•/lwww dec state nv us/website/dfwmr/heritase/EcolComm.htm C. National Wild and Scenic Rivers (N`VSR): The Upper Delaware River has been designated as a National Wild and Scenic River from the confluence of the East and West Branches below Hancock, New York, to the existing railroad bridge immediately downstream of Cheny Island in the vicinity of Sparrow Bush, New York In accordance with Grneral Condition #15, no activity may occur within a NSWR, including Study Rivers, unless the National Pazk Service (NPS) has determined in wriflng that the proposed work will not adversely affect the NWSR designation or study status. Information regarding NWSR may be found at: htto•/hvww.rivers ¢ov/wildriverslisthtml - --""-D~'or islfpFoposals regntrTngTpie-constrncHon notlficaHoa (PCi~, in addition to the requirements in General Conditlon 27(b), the applicant shall nlso include: 1. A completed New Yotk StateIUSACE Joint Application Form which clearly indicates that ShC submiSSion 15 8 PL`N. 2. A location map, including latitude and longitude or Ul'bf Coordinates, of the project location and project drawings on 8~`r by ll inch paper and.if necessary full size engineering drawings to accurately depict activities within waters of the United States. 3. For permanent fills within waters'of the United States within the 100 year floodplain, documrntation of compliance with FEMA-approved state or local floodplain managemrnt requirement:. 4. Color photographs, sufficient to accurately portray the project site, keyed to a location map. 5. A compensatory mitigation plan prepared in accordance r~ith the "Public Notice Announcing the Compensatory bfiti¢ation Guidelines and Mitigation Checllist for ' Reliew• of 1\fidgation Plans for the U.S. Army' Corps of Engineer, New York District,° dated January 10, 2001, far all projects that involve the Jas of greater than I; l0a' of an acraof waters of the United States; or are located cithin perennial streams; or requested e n•aiver of the i001inear foot limit on intermittent and ephemeral streams. L*t accordance with ? 3 CFR Part ?20.~(r)(l) coluidzration of mitigation «ill occur throughout the permit application re~ien process and includes avoiding, rininizing. tectif<ins, reducing, or compensating for resource losses. Mid_eation _guidelincs and checklist C^R be found at '~11 n1~u~aC2 arm'rrll b"sI"Ie~~~LlSl~nke`Tta~~la:^^~~-:'~;. Cn!ttl'1'-1.Pdi. 6. Documentation that the applicant has already contacted the NOAH Fisheries Service (NFS j and the U.S. Fish and Wildlife Service (USF~VSj concerning any Essential Fish Habitat (EFH), and any federally listed Threatened and Endangered Species that maybe affected by the proposed activity. The information provided to USFWS and NFS shou]d include the information descnbed in 1 thiough 5 above and any other information specifically requested by the federal agencies to conduct their evaluation for threatened and endangered species and essential fish habitat. This documentation should include but is not limited to results of habitat surveys and assessments; a description of the area to be impacted including secondary impacts and the types and numbers of trees to be removed, sand placement, etc; a description of conservation measures which wt1] avoid or minimize impacts to listed species. The web addresses for the USFWS may be found at: httoJ/wvnv.fws.aav/northeasUnvfo/es/esdesc.htm, and the NMFS at: httnJ/www.nero.noas.¢ov/neroJ 7. Provide documentation regarding any potential adverse effects to lristoric or cultural resources that may be listed or eligible for listing on the National Register of Historic Places. Information regardarg the National Register of Historic Places maybe Found at: l~~ysnarks.state.nv.us/shooheeister/index.htm. 8. A written statement that clearly descn'bes the following: (1) what measures have been taken to avoid and/or mm[~~~ any adverse impacts to wetlands or other wares of the --~InitedSffitea,and(3)whatmeasiaeshavebeen•develapedtocompensatefararryimpactsto------ wetlands ar other waters of the United States. E. Water Quality Certlfication Conditions: Endangered or Threatened Species: An individual water quality certification is required if any activity is likely to jeopardize the existence of an endangered species or threatened species listed in 6 NYCRR Part 182, or likely to deshoy or adversely modify the habitat of such species. Information on New York State endangered or threatened species may be obtained from the NYS Deparhnent of Environmental Natural Heritage Program at 625 Broadway, Albany, NY 12233-4757. Natural Heritage Sites: An individual water quality certification is required for any activity in any location that supports a rare species or significant natural community as identified and tracked by the New York Natural Heritage Program. Information about where such locations are kno~vv to exist.rnay be found at DEC regional offices, the New York Natural Heritage Program ar Albany, New York or, afrer September 1, 2007, on the DEC aebsite at wwx•.dec.state.ny.us: «'ild, Scenic and Recreational Rivers: An individual water qualit}• certification is required if the eaiviry is located in any Wild, Scenic or Recreational River segments. F, Coastal Zone Management Conditions: Activities authorized under MVP's 1, 3 (excep? in canal that a:e more than 50'.•0 E, bulkheadedj, 6, i, 9, 11,12, 14, ]6, 15. 19. 22, 23, 25. ? i. 25. 29. 30, 31.32, 3?, 35: 16, 33, 39, 40. ?1, 4?, 43. 45 (except in canals that a[e r::cse than 50° b bulkh~adtdl, 46, and ~!S, «het: the acti:i[ies ~.:oeld eec~: c~i[hin the fohe•~cin_ C'i`[P sgecial management areas: l) The Long Island Sound F.egional Coastal blanaaement Program; 2) Local Waterfront Revitalization Programs; 3) Significant Coastal Fisb and Wildlife Habitats; and 4) Harbor Management Plans: the following applies: a. Within thirty (30) days of receipt by NYSDOS of an applicant's submission, which should include a complete joint New York State Department of Environmental Conservation andU.S. Army Corps of Engineers Permit Application, completed Federal Consistency-Assessment Form, and all information and data necessary to assess the effecta of the proposed activity on and its consistency with the CMP, including location maps and photographs of the site when the activity is proposed, NYSDOS will inform the applicant and the Corps whether: ' 1. Necessary Data and information is missing from the applicant's submission. If so, the NYSDOS will notify the applicant and the Corps of the mission necessary data and information, and state that the NYSDOS nvicw will not commence until the date the necessary data end information is provided; 2. The activity meet the General Concurrsace criteria set forth in the CMP and therefan, further review of the proposed activity by the NYSDOS, and the NYSDOS concumnec with an individual consistency certification for the proposed activity, an not required; rn 3. NYSDOS review of the proposed activity and NYSDOS concurrence ' with the applicant's consistency certification is accessary. IfNYSD05 ' indicates review of this activity and a consistency certification for it is necessary, the activity shall not be authorized by N4VP or other form of Corps authorization unless NYSDOS concurs with an applicant's consistencycettifrcation,-inaccordancrwith-lit'FTtPart930;'Subpart----------- D, or unless NYSD03 indicates the activity mints CMP General Concumnce criteria III. CRITICAL RESOURCE WATERS In accordance with NWP General Condition (GC) #19, certain activities is Critical Resource Waters cannot be authorized under the NWP program or would require a PCN (see GC #19 in the 72 FR 11092 for a list of these NWPs). - Critical Resource Waters in New York State include the following: - 1.The New York District has designated the East-of-Hudson portion of the New York City water supply watershed as Critical Resource Wa?ers. This area includes portions of Dutchess, Putnam and Nestchester Counties as delineated on the attached map. 2.The Hudson River National Estuarine Research Reserr-es (NERRI: is located Within the Ne~v York District. The Hudson River NERR consists of four components: Piermont Marsh, Iona Island, Tivoli Bay, and Stockport Flats. JENCLOSU'R'L 2 r Legen `-~~,`r ' ~ ,fG~k- ~~~,Y+. Y~ ~ ~~~n • alp'..., K ~Y VY`gt. ~ vry`vT.. Y ik .T~1-' ~•j.r ,~f,~ ryn..• ~e J,. a .w _YF •J ~ i _ _ i)fit~?. _ ~ ,ti 'Y M y. x~--,. U S. Army Coips of Engineers .oa? Regulatory Distracts in Nerr York State EllTCLOSVRE 3 ~ ~ , ~ i I rx7YYY1 „1~ 1 r . ~~0..1 . o~. Naw York GRp Wrier Sopplr ~ i East of Hudson Watersheds i~ GomnlvamrbdNu r ~ ~ ®MdhifGd 6pmmr t~ fav~n~ndAtMnYin s- O_ ^ 61alo1 AgYtduR f~ CeatsatA~duet ~ ~"lt •.•a•,• OdawanAgr~dua ~ - canryaoidln ~ ~ i smm m~enn ' ! w.w.nraeri7a~p', ! 1 I FINAL NATIONWIDE PERMIT REGIONAL CONDITIONS AND DESIGNATED CRITICAL RESOURCE WATERS IN THE BUFFALO AND NEW YORK DISTRICTS (NEW YORK STATE) I. Nationwide Permit Specific Reeional Conditions: (Note: See Sections II and III for additional regional conditions that may apply) * Unless otherwise noted, all proposed regional conditions listed herein are applicable for activities in the entire state of New York. Nationwide Permit 1-Aids to Navigation Permit-specific Regional Conditions (Buffalo and New York Districts): None Nationwide Permit 2 -Structures in Artificial Canals Permit-specific Regional Conditions (Buffalo and New York Districts): None Nationwide Permit 3 -Maintenance Permit-specific Regional Conditions (Buffalo and New York Districts): a. The Nationwide General Permit Condition No. 31 -Pre-Construction Notification (PCN) for activities proposed under NW P 3.b. involving the removal of accumulated sediments and debris in [he vicinity of existing structures to restore the waterway to previously existing depths, must include evidence of such depths. Such evidence may include but is not limited to: wnstruction drawings of the original structure; or project drawings of past excavation activities in the vicinity. If this information is not available, the PCN must include evidence of the existing depths immediately outside the proposed work area. b. Every effort should be made to prevent additional encroachment into the beds of New York waterbodies. All repair or rehabilitation activities should focus on using the area immediately landward of the existing structure. Bulkhead replacement shall be completed in-place or landward of the existing structure where practicable. When that is not practicable, a PCN shall be required for any encroachment proposed within tidal waters of the U.S. or any extensions that exceed 18 inches waterwazd of the existing bulkhead within non-tidal waters. The PCN must include justification for a waterward extension of the bulkhead (e.g geologic conditions, engineering requirements, etc). New York District Only Permit-specific Regional Condition: c. For [hose activities that require a PCN to the Corps of Engineers, and aze located within Essential Fish Habitat waters as defined in Section ILD.8. below, [o the maximum extent practicable, no in-water work shall occur between Mazch 1 and June 30. REMINDER TO APPLICANT: For projects involving culvert maintenance or replacement, please take particular note of [he requirements of General Regional Conditions A.11. and A.12., below. Nationwide Permit 4 -Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities Permit-specific Regional CoodiHona (Buffalo and New York DisMcts): None 6 USACE New York District Final Nationwide Permits for New York State Exptration Date March 18, 2012 proposed repair, rehabilitation, or reconstruction of existing bulkheads that extend waterward more than 18 inches from the existing bulkhead will require notification to the District Engineer in accordance with Nationwide Permit General Condition Number 27 ("Notification"). Notification must include justification for a waterward extension exceeding 18 inches, such as geologic conditions, engineering requirements, etc. 2. Water Quality Certification: Pursuant to Section 401 of the Clean Water Act and 6 NYCRR Part 608, Section 608.9, the New York State Department of Environmental Conservation hereby certifies that the activities listed below, undertaken in accordance with all the listed Special and General Conditions, will comply with the applicable provisions of the Clean Water Act and, applicable New York State water quality standards. Those NWPs with no Special Conditions remain subject to General Conditions unless otherwise indicated. Water Quality Certification -Special Conditions for NWP#3: a. This certification does not authorize maintenance activities associated with hydropower projects. b. This certification does not authorize any activity that results in an alteration to waters of the United States such as draining or altering water levels. c. Authorized dewatering is limited to immediate work azeas that are coffer-dammed or otherwise isolated from the larger water body or waters of the United States. Dewatering must be localized and not drain extensive azeas of a water body or reduce the water level such that fish and other aquatic vertebrates aze killed or their eggs and nests aze exposed to desiccation, freezing or depredation in azeas outside of the immediate work site. d. Coffer dams or diversions shall not be constmcted in a manner that causes or exacerbates erosion of the bed or banks of a watercourse. e. Impoundment drawdowns (for maintenance activities) shall occur prior to October 15`" (before November 1" for Long Island waters) or after Mazch 1". If a drawdown is necessary during this period, then both the air and water temperature must be 50° F of higher, and the cloud cover must be less than 50 percent during the drawing down of water. f This certification does not authorize replacement of existing bulkheads or vertical retaining walls that extends waterwazd from the present footprint of the structure. 3. Coastal Zone Consistency Determination: This NWP is consistent with the New York State Coastal Management Program where the activities would occur outside the following CMP special management azeas: 1) The Long Island Sound Regional Coastal Management Program; 2) Local Waterfront Revitalization Programs; 3) Significant Coastal Fish and Wildlife Habitats; and 4) Hazbot Management Plans. However, the New York State Department of State objects to the Corps consistency determination where the activities authorized by this NWP would occur within the above referenced CMP special management azeas, and therefore in those cases, see Section II, F, below. Nationwide Permit 4 -Fish and Wildlife Harvesting, Enhancement, and Attrac8on Devices and Activities 1. Permit-specific Regional Conditions: None 2. Water Quality Certification: Pursuant to Section 401 of the Clean Water Act and 6 NYCRR Part 608, Section 608.9, the New York State Department of Environmental Conservation hereby certifies that the activities listed below, undertaken in accordance with all the listed Special and f April 22, 2009 5 DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 REPLY TO pTTEMION OF: CENAN-OP-RE MATIOBWIDE PBRMIT COMPLIAMCE CBRTIFICATIOM AMID A=PORT FORM Permittee: Fishers Island Fer~~rppyep Dist~frict Permit No. NAN-2011-00224-ESQ Date Permit Issued: IYR ~ ~ 2Ufl Location: Town of Southold Suffolk County_,_ New York_ Within 30 days of the completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the address at the bottom of this form. Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or 8A8 to (919) 46~-4460. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RE New York, New York 10278-0090 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL , Applicant: Fishers Island Ferry District Fik Number: NAN- 2011-00224-ESQ Dffie: Attached is: See Section Below INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) g PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following Identifies your rights and options regarding an administrative appeal of the above decision. Additional infomtaUbn may be found ffi htlp:l/uaace.army.miUinet/fundions/cw/cecwo/reg or Corys regulations at 33 CFR 1?art 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. •ACCEPT: If you received a Standard Petmi; you may sign the permit document and return it to the New York District Engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means thffi you accept the permit in its entirety, and waive all rights to appeal the permi; including its terms and conditions, and approved jurisdictional determinffiions (JD) associated with the permit. •OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the New York District Engineer. Your objections must be received by the New York District Engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the New Yark District Engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the New York District Engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit. •ACCEPT: If you received a Standard Permi; you may sign the permit documrnt and return it to the New York District Engineer for final authorizffiion. If you received a Letter of Permission (LOP), you may accept the LOP end your work is authorized. Your signature on the Standard permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permi; including its terms and conditions, and approved jurisdictional determinations associated with the permit. •APPEAL: !f you choose to decline the proffered permk (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corys of Engineers Administrative Appeal Process by completing Section ll of this form and sending the form to the North Atlantic Division Engineer, ATTN: CENAD-ET-O, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY i 1252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engincers Administrative Appeal Process by completing Section II of this form and sending the form to the North Atlantic Division Engineer, ATTN: CENAD-ET-O, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY 1 IZ52-6700. This forth must be received by the Division Engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. •ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means thffi you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. •APPEAL: If you disagree with the approved 1D, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section ll of this form and sending the form to the division engineer. This form must be received by the North Atlantic Division Engineer within 60 days of the date of this notice with a copy famished to the New York District Engineer. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary 1D. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps distriM for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the 1D. SECTION II -REQUEST-FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrazive record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information thaz the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new informaion or analyses to the record. However, you may provide addhional information to clarify the location of information that is already in the administrative record. POI1~iT' OF CON1`ACT FOR ~UE5TIONS OR INFORMATION• If you have questions regarding this decision and/or the appeal process you If you only have questions regarding the appeal process may contact: you may also contact: Richard L. Tomer Michael G. Vissichelli, Administrative Appeals Review U.S. Army Corps of Engincers, New York District Officer Job K. Davits Federal Building North Atlantic Division, U.S. Army Engineer pivision New York, iVY 10278-0090 Fort Hamilton Military Community (917) 790-8510 General Lee Avenue, Building 30l Brooklyn,NY 11252.6700 (718)765-7163 E-mail: Michael.G.VissichelliQausace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: ignazure of appellant or agent. F - f STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASNIN GTON AVENUE' RUTH NO EMI COLbN GOVEPNJP ALBANY, NY 12231.0001 ACTING SELPETSP•1 OF ST.~.TE February 16, 201 l Mr. Keith Neilson Dock, Inc. Post Office Box 421 Mystic, Connecticut 06355 RE: F-2011-0042 U.S. Army Corps of Engineers/New York District Permit Application- Fishers Island Ferry District Repair/replacement and restoration of the main ferry ramp, enlarging the ramp 22'W x 30'L, and the installation bf new counterweight support towers, ramp support beam and piles and protective dolphins water ward of ApHW line. Silver Eel Cove, Trumbull Avenue, Town of Southold, Suffolk County General Concurrence Dear Mr. Neilson: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on February 7, 201 I. The Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and the Departments concurrence with an individual consistency certification for the proposed activity, are not required. This General Concurrence is without prejudice to and does not obviate the need to obtain all other applicable licenses, permits, other forms of authorization or approval that may be required pursuant to existing State statutes. When communicating with us regarding this matter, please contact us at (518) 474-6000 and refer to our . file #F-2011-0042. Sincerely, . ~ Supervisor, Consistency Review Unit Office of Coastal, Local Government Zldc .and Community Sustainability COE/ New York District -Stacey Jensen DEC/Region 1-Roger Evans NNWV.DOS.STATENY.US EAAAIL' kJFG®pp$.STATE.NY.US NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ Facility DEC ID 1-4738-00396 PERNIIT Under the Environmental Conservation Law CL Permittee and Facility Information Permit Issued To: Facility: FISHERS ISLAND FERRY DISTRICT FISHERS ISLAND FERRY TERMINAL PO DRAWER 607 TRUMBULL DR & WINTHROP RD~SILVER EEL COVE-SCTM#1000-012-1-10 FISHERS ISLAND, NY 06390-0607 FISHERS ISLAND, NY 1197] (631) 788-7463 Facility Application Contact: DOCKOINC PO BOX 421 MYSTIC, CT 06355 (860)572-8939 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Fishers Island Facility Principal Reference Point: NYTM-E: 748.849 NYTM-N: 4571.506 Latitude: 41°15'24.0" Longitude: 72°01'47.0" Project Location: Trumbull Drive and Winthrop Road -Watercourse -Silver Eel Cove Authorized Activity: Enlarge existing ramp, install steel pile towers, piles and dolphins. All work must be in accordance with the attached plans stamped NYSDEC approved on 3/24/1 I . (JRP) Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID 1-4738-00396/00014 New Perarit Effective Date: 3/24/2011 Expiration Date: 3/31/2016 Water Quality Certification -Under Section 401- Clean Water Act Permit ID 1-4738-00396/00015 New Pemut Effective Date: 3/24/2011 Expiration Date: 3/31/2016 Excavation & Fill fn Navigable Waters -Under Article 15, Title 5 Permit ID 1-4738-00396/00016 New Permit Effective Date: 3/24/2011 Expiration Date: 3/24/2016 Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVDZONMENTAL CONSERVATION Facility DEC ID 1-473&00396 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY cQ STONY BROOK~50 CIRCLE RD STONY BRO~O/K, NY 11790 -3409 Authorized Signature: ®iL G Date 28 / 3O n Distribution List DOCKO INC Habitat - TW JACQUELINE R PASQUINI Permit Components NATURAL RESOURCE PERMIT CONDTfIONS WATER QUALITY CERTIFICATION SPECIFIC CONDTfION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERNIIT CONDITIONS -Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS 1. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Conformance With Plana All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Docko Inc. dated 1/24/11. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FacLity DEC ID t-473S-00396 3. State Not Liable for Damage The State of New York shall in no case be liable for any damage of injury to the structure or work herein authorized which maybe caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 4. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been wmpleted, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Departrnent of Environmental Conservation may require, remove all or any portion of the uncompleted structwe or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal of alteration. 5. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner maybe ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this pemut, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expemse to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 6. Precautiona Againat Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 7. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. s. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 9. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. lo. Storage of Equipment, Materlala The storage of wnstruction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID I-473&00396 1I. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. I2. No Unauthorized Fill No fill or baCkfill is authorized by this permit without finther written approval from the deparhnent (permit, modification, amendment). I3. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 14. No Structures on Pilings No structures, other than structures specifically authorized by this permit, shall be wnstructed on pilings without fiuther authorization from the department (permit, modification or amendment). Is. Use of Treated Wood The use of wood treated with Pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certii3catlon The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS -Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Deparhnent. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. i`.. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ Facility DEC ID 1-4738-00396 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK~50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental wnditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit wndition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID I-4738-00396 NOTIFICATION OF OTHER PERNIITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. Phis indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other pemrits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. ~fi Page 6 of 6 NOTICE OF COMMENCEMENT OF CONSTRUCTION) RETURN THIS FORM TO:COkAPLIANCE Or Fax to'. 631-444-0297 Bureau of Habitat-TW 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER: EXPIRATION DATE: PERMITTEE NAME 6 PROJECT ADDRESS: CONTRACTOR NAME 8 ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit, you are hereby notified that the authorized activity shall commence on . W e certify that we have read the referenced permN and approved plans and fully understand the authorized protect and all permit conditions. We have Inspected the project site and can complete the project as described In the permk and as depicted on the approved plans. W e can do so in full compliance with all plan notes and permit condNlons. The permit, permit sign, and approved plans will be available at the site for Inspection In accordance with General Condition No• 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERM/T AND AP~QVED PLANS AVAILABLE AT T"HE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERM/TTEE A CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. C_ut along this line x ~ a~ x k x x NOTICE OF COMPL' ETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 531-444-0297 Bureau of Habitat-TW 50 Circle Road Stony Brook, NY 11790-3409 FERMI? NUMBER: EXPIRATION DATE: PERMITTEE NAME & PROJECT AODRESS: CONTRACTOR NAME & ADDRESS: TELEPHONE: , Pursuant to special conditions of the referenced permit, you are hereby noflfled that the authorized ectivlty was compleled'on . We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE OT7CE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST 8E SE TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. _ New York State Department of Environmental Conservation The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for ,work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. 6 Regional Permit Administrator Permit Number 7 ROGEk EVANS Expiration Date ~ NOTE: This notice is NOT a permit NoTE~ 1. ELEVATION DA1UM IS MEAN LOW WATER (MLW} ~~6 •N 99 I ~ 11 - ~ • , 2 TDE DATA 15 TAKEN FROM 2011 NOA4 TIDE TABLE5 ~ I 3 a ~ - REFERENGE : SN.VER EEL POND. RSFIER515LAND. ~ ~ J~ ~ ~ ~ ~ 35 3. PROJECT DESCRIPT10rk ~ .d,~ ~ ~ ' REPLACE OR REPPIRiRER.IR815H PND REINSTALL AN EXISTING \ • ~ I 10 ; 19 .l;• FERRY TERMWPd. LOADING RAMP. REPVLE EXISTING WOOD FLE COUNTERWEIGHT TOWERS AND FENDER PI FC. WITH 51NGLE ~y 65 \ ~N I M . 5TEEL PILE GOUNTERWE~MT TOWERS AND FENDER PO_E5, SI ta~bA Ana A a a • ` REPLACE TWO EXISTING FENDER DOLPFXNS, WATERWARD OF ~ i A9 THE AoPPRENT HGH WATER LBJE. ~ ~ ; ; w ~ ~ 3 ~ 4. PROJECT PURPO~.aE ~ °>0..4 THI515 A FERRY TERMINAL LOADING FACUTY IN p • • ~ C 5UPFORT OF A COMMERGW. FERRY. ~ _ 5. THESE APPLICATION DRAWINGS REPRESENT A COMPILATION OF SURVEYS FOR ENVIRONMENTAL ; ` . PERMIT PURP05E5. THEY ARE NOi CONSTRUCTION ~ ~!r 7••.`. ~ , r ~ I' GONT12P4T DOOJMENTS. A TOWWCTTY Bl3LDING 25 ~ 7 IS ~ .7 PERMR MAY BE REQUIRED. 35 26 6. ADJOINING PROPERTY OWNERS: wEST: EAST: LOC.rAT10N MAP US COAST GUARD STATION TOWN of 50UT1101..D ~ T~ G/O COAST GUARD STATION NEW LONDON PO BOX T2B NEW LONDON, GT 06310 50UTHOLD, NY TL971 t000 O 1000 N YOtaa'' ~ F=1SHE2S ISLAND-^^^- -..:;r : y~:;~:t'"•"~'t~'..:"~ , s..: ;':...~~;.ti•'r •;~`:+r, •k•v ::ti.'•:>.•:-~y;•r 0...T.V• 1 .~'Yl•:U:. 4~ ~d \'Y~•RV~~ ~ Nt'•' ;vi.~., R',.'~a. 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E8 G92, KeNh B. NeYtm, PE P p P C ~ OFESSIOtiP e6os-n e~ FAx e6o sn ~ owG >~t-~o EMAL• dxko®sneCrief NEw SINGLE STEEL PILE NEw SINGLE s7EEl PIIF couNTSRwElc~rr rawER and cour rowae artd sHeAVEASSEMSLY('rYP) ~ EAVE A55EMBLY LOC'AnON FOR Tk1BER PYE GOUNtER RAMP ~ I n~ WEIGHS TOWER TO BE REgpGED (T19J _ II _ FENDER PILE with--~1 I i 1 II ~ E)45TAVG UGIifSITYP) BRACE TO s40RE ~ ~ ( I I I I I E~SnNG LOADING RAMP TO BE /REPLACED ar REPiJRED/REFiJR8L5fiF17 and REINSTALLED IF RAh1P 15 DoSnNG THRI~ RLE ~ ' 1 I I I I / II REF~D pOLq~ (T~ TOP OF 9UI.KFIEPD R. 6iFT NEW RAl"P LENGTH 30+LF QiAM!•LNK FENOE APPROXIMATE L!M!T OF I I ' y1eLF D45'~NG RA1"~ ~j ~ . NEW RAMP IF 1 ~ ~ ' 1 ~ t K 5^~y ~i~ifx YyCv., ~{K u~u, ~~r'` _ t, ~ix$~ &TLII"INOLS PAVEI"B~lf c ,f_ ~.v'}.ds^ :E>4~a1TJrTE'EVGKM1G~i0R~11Trjlr;;, NRi~M.23 ~ - I I. .M ?iY~~~~V~Y:d»Y:r,+~~r4kL^:~ E>4'iTING 5TF8 BFi~t , I I I 1 Y;E>aSTING SHEET Pi.e euucr~ (tYP) RAf'V SUPPORT (ttP) ~ 1111 I I I ~r BLS f~l I I I~ ~ j ~ I I I e.FT ilk F~a,T o REr<.a(TYVI ~ , I Imo" FncE }iy~~~._, , I I ~I j! I 1 ~ I I BIIIJGFF>D 40sLFSCOUR PRO7EGnON STEEL I 1 1 SHEET PILE with BOsGY of GLEAN GRAVEL, i ~j I , , +I I I C sraNE ar coNCRErE a4acFlu r l I I(~ I ovER aoo:sF i x '~S{`d I u ~tJ,. c Irt LsS NrSi. •..u? . F~F20FILE rev GP/~A7G 5GVE t'.10' ° JNEA55EMBI_Y NWO'KJh PEW 10 5 . b NOTE RELOCATE ~RN'V WQMT]fFT-`~' AAAROVED AS PER TERMS MTV AND CONDITIONS OF atd~''D~Ptl-F'Diq-P"'~ NrD1k14i~ roACCOrwbD,nTe NEw PERMIT N 3g=oc~~g6/Dc7rj/~f LonolN~wwwro PATE r~•ver~ BEREFY.4Cl~ar Ra-lariasr(tYP) aro RENY5LNJ..ED n/~w eMVGLE STEEL PLE ~-rr rowER (TVpj GG7UIVTHRWEIGF--IT TOWER Dl=T.~.1L ---~-~-+'t^w-- K7 5 O K) ----'KWL--- NEW RM1P S4FETY BF.N'1 PROJECT: MAIN RAMP REPAIR / REPLACEMENT ~~~F LocATIDnt FISHER5151~IVD - TOWN of 501JTHOLD !b suFFaLK couNrY, NEwroRK ~Q. DNKEI WATERWAY: SII.V73t EEL COVE DATE JPI~IVRY 24, 20II • O ~ W ~m * APRYrYYT: F15HER5 ISLAND FERRY O • 2 9 ¢ DLSTRIGT ~ n ' : ' u AGENT: SHEET 3 CP 3 • • ~ DOGKO, INC. ~ ~ ~~O X68 ss2', ' Kehh B. NeN.on PE P 4 'QOFp5S10NP~ 860~5T2t3BFAX 8605727569 DWG 1F•L2270 EMOJI. docka®rrt.ner New York State Department of Environmental Conservation - Division of Environmental Permits, Region One SONY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)4440352 Fax: (831)444-0360 - Website: www.dec.nv.aov ]ce Maztens Commissioner March 25, 2011 Fishers Island Feny District P.O. Drawer 607 Fishers Island, NY 06390-0607 Re: Permit No.: 1-4738-00396/00014 Dear Pennittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. if you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project . site and protected from the weather. Sincerely, ~ p ~ acquel' e R. Pasquini Enviro ental Analyst GGG JRP/Is James F. King, President o~~OF SOUryol Town Hall Annex Sob Ghosio, Jr., Vice-Preaident h ~ 5437b Main Road P.O. Box 1179 Dave Bergen ~ ~ Southold, New York 11971-0969 John Bredemeyer Q Michael J. Domino ~0 ~ ~O Telephone (631) 76b-1892 Fax (631) 766-6641 ~~OOUNTY,~~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 19, 2012 Mr. Keith B. Neilson Docko, Inc. PO Box 421 Mystic, CT 06355 RE: FISHERS ISLAND FERRY DISTRICT SILVER EEL COVE, FISHERS ISLAND SCTM# 12-1-10 Dear Mr. Neilson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, September 19, 2012: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #7490 to include the installation of a 20' wide and 30' long ramp with no increased encroachment into Silver Eel Cove; the new bulkhead alignment will be landward of the existing steel sheet piling; the new counter weight towers and bumper system will remain in close proximity to their existing location and previously authorized locations; and as depicted on the revised site plan prepared by Docko, Inc., last dated August 28, 2012 and stamped approved on September 19, 2012. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerel`y`,' Y ~ James F. King r President, Board of Trustees f JFK:amn ( 1 NOTES: 4 \ 1 J a, _ i ~ a 1. ELEVATION DATUM IS ME<W LOW WATER (MLW} N 4 i0/ n G 2 TIDE DATA IS TAKEN FROM 2011 NOAH TIDE TABLES 4 w / Sri REFERENCE :SILVER EEL POND, R5HER515LAND. FISHERS n f A ° 3. PROJECT DESCRIPTION: 151_ANID , J,~ ~ ©'gy ? ~ C`.,;.~ REPL4GE AN EXISTNG FERRY TERMINAL. LOADING R=*MP WITH A 50UND x, ~ . r p NEW 20sFT WIDE X 30rFT RAMP WTfFi A550OATED BUMPER ~ i RLES AND CAUNiERWEIGHT TOWERS. IN5TAL.. 62~.F OF STEEL w u ~ ~ xs ~ E,~ ~ x ~~*p~ 5HEE7 PILE BUW-1EAD WITH A CONCRETE GAP AND r..,ena u ~ a i ~ r, 8 ~z-. AS50GL4TED T1E-9oLK SYSTEM. AL50 ADD 50xG1' OF , SUPPLEMENTAL STONE SCOUR PROTECTION U/ER 5COsSF, AT °6 ' ~vtw 1M AND WATERWARD OF THE APPARENT HIGH WATER UNE m x ~ n ; -1~i ' c~ , 4. PROJECT PURPOSE ~`y° iH1515 A FERRY TERMINAL LOADING FACILITY IN - a/~~a 51-~ ,~i SUPPORT OF A GCNMMERGWL FERRY. ~ ( % ' 5. THESE,oPPI_IG4T10N DRAWINGS REPRESENT ~ Q Piel+xA f A GOMRLATION OF SURVEYS FOR ~ x x ~ ENVIRONMEMALFERMRPURPOSES.7HEYARE ~ x s NOT GONSTRUGTICTJ CONTRACT DOCUMENTS. A , ~ 4~ ^ TOW WGITY BUILDING PERMR MAY BE REQUIRED. , e°~- ~ c ~ 6. ADJOINING PROPERTY CMRJERS: WEST: EAST: LOGf~.T10N MAP RS~RQJCE U5 C.OAST GUARD STATION TOWN of 501JTHOLD G}WRr:173T3 G/O COAST GUARD STATION NEW LONDON PO BOX 72B GRAPFNG `''~E NEW LONDON. GT 06320 SOUTHOLD, NY 1197{ ?ooo 0 lpop 'NYiR05 +'r;9'~,N,-r ~ <y.•« .>'ei°%_ :.j;• .:.v,;i. J'ti ~.:iS~t,'.ti.:;?i x.:3:..:.;~ ~azv. i.``('.'n.:: F=1SHE1~5 I.SL.ANO~ ~,;.:,.==r'~,?~.r:~;~ <t~:.,»,,:~; , ,s^..:. "~JYy4-~a'~_,+.aM,``~.wt`~Ti ay'l„t ~H-...;3 Sr' n .a` :S :;:r:~.>.;t~ t:..a ~a',...uk tiff.'.,. .SOUND vey c~-a~'k=;~c i -,:-r' N/F PROPERTY oF'; a y ar'- ai,.r-~: T, ~..•a :l a ti w.._, '^i GADA FAMILY. 3<'~s't?:!y F=15HERS ISL.ANO ~ ~ :x ~'';i~~sri__~ "'~~i,e•~` ;;;::.''TOWN of SOUTHOLb? C :x ...wilt" '[ey-.'. - 'tt~~ l.ctic~. ._~;a. `y. 4' w.....~.t:•CY ~'Yj.' .M t'~ .:,y`+.?:;:•~y:'•!'~.'~RT.i~'Ft ~ + ~1 'f ~:J °}'.o'>~ft''•'"sivt..:`ii4r «iv%C,4~y <n++: ''+'a. s M- °~tag, 0 GO~/E .J.,...~ 'f r.~;+;~-~.°t.. ~j°e 4.C1~<`^T:•?' Ll V L~ ~ 1J Ll ° ° ° ° ° 4,.< ~~~RJ~.tvltir.Ci.: [ta':~~^.'~'ti ~r Cr2 {`1~~n/ r , 1. 4. c o ° ° ° ° ~TO_ WN of 50 THU OLD =:,~-±...s~ ° PROJECT NEW RAMP and <,.-.•_;`-x. ~ - 4 2C)~2 ~ .ffi ~ BULKHEAD MODIFiGAT10N ^`r":•:,:` RBI I ~ xT_ c_ r+~: AST GU °'rk'"~";:r+'`v`_w~i~yw:,, O f1' +rJY~'ir':~IraY...'fii BOa(d . xYr:,.\',',w S+ . _ ° ~i •*a'i > S+ '•S sb t:Y~iat..y t'. Ei y` y\. SeTP k~~ n ' :::r:::::::::::::-cc.-::::u:... a n 4 ! :'r a:.. .J're::viiii~4iiiii; SS~i:j:iij5:i:'jii::... "t. =i_... f?5~:"°:. N/F PROPERTY of .r!Ft::aiiii;:i:i'in;::... e'l:::i:v:: c; ice.: :r:::::::::::::... . . ..r.. =n GADA FAMILY _ - ...c. .:!.;.r- PARTNERSHIP SITE ;;-;.x:;;:a;:i:s' .':::i ~ Y- y'-,.~ ~f:,•'T'::;:Fa:Gi"CSfz;j<I%r .4h • - ? 'A,: ~ r#€:k'ii;` s:;;i;:; PROPiRTY of `i`.:i::;':;.`.'is' • ;4w:rn,~, •`",S'`1.i;: ,~,,a(.Frr.> ; F15HERS ISLAND 6fVWiIGSCALE 1•x200• ;:;a~._:Y-2 P,~`: ''s,:- .:,3.., :.;~r:;i'.:'.;:~~::. FERRY D STRICT ' ~;c= ..::ks :a.;s:' . , ::::::.c::::.r:::::. .+;T. :5 200 100 O ]LY7.^.= w-5.f:i?.. ,~.?,;+'^+~r;: PROJECT: NEW RAMP ~ BULKHEAD MODIF7GA770N5 L.CIC.ATION: R5HER5 ISLAND -TOWN of 501JT}'IOLD SUFFOIX COUNTY, NEW YORK ,`~G F E(yY WATERWAY: SILVER EEL DOVE ~P pN K 9 DATE AUGUST 28, 2012 O O C K O ~ ~ APPt.IGNJT: FISHERS ISLAND FERRY ~ ,r ' * 2 9 * DISTRIG7 1 :;i' w AGENT. SHEETtOF$ ~ _ O s DOCIGO, INC. do ~ I `s o , ~ K6xr, B. Nellsan, PE O P A 6862• 4~' MysXc,GrO'o355 P 0 90fESS1n~;~V 8605728939 FAX 8605727569 DWG 71-1-2270 EMAIL docka®enerneh KaiIF I`letlm. Dada Irc BI]2J2d12 653 Fl•'I FlFPJ'IdM~anV~ t~~9 _.__ti _ - NAVY PIER ,~s, _ SILX/ER EEL GO~/E wvy ww EXISTING'F.AST RAMP ~-M- NO GRANGE PROPOSED EXISTING LOADING RAMP ~ ALWL, MHWL grid AHWL ALONG FADE of BULKHEAD (T1T~ SEE SHEET 3 EXISTING RAMP EXISTING FENCE (fYP) , SUPPORT/FENDER PILE (TYP) ii - o o ~ - _ _ - EXISTING TIMBER WHARF - - - - - - - C~i` Si:. ~ @:' > ; EXISTING CONCRETE BULKHEAD ---•-APPROXIMATE.PROPERfY.LINEEXISTING BITUMINOUS PAVEMENT 4': f., ~ ~ ~S SITE ; f` PROPERTY of iS. ;x F15HER5ISl.AND III "~'~vtiE~*~+ ( FERRYDISTRIGT ~ ti eoLT®coNNS~bNs >ADMINISTRATION ~>~w>~ BUILDING/SHOP i > lar>Gale EXI~~-TIIVG GOIVOITIOIVS ~ou~~~ cxElttvj a~esoe ~ c~oaMC srxe I so' 7Uro v1E5 (rrcl 50 40 30 20 10 O 50 - H(L 33': - - 1 r'MV 23 - RE=PL.AGE:1`'IEIVT "~"~OA DOLPI-i 11V ~ OE.AT.a.I L cavPrrescxe I•.>o 70 5 O 10 r ~ ; BOTTOM 5®P'HJf5o SePD ~ k . I I . , ~~t TM ~ . r~: ~ . ~ PROJECT: NEW R.fV'~P & BULKHEAD MODIFICATIONS LOCATIOf~Y ASHERS ISIAND -TOWN of 50UTFKx.D SUFFOLK COUNTY, NEW YORK ~ E~}~ WATERWAY: 51LVER EEL CONE ,`P pN K DATE AUGUST 2012 U 0 $ ~ y`' ~ APPIJCPJVT: FSHERS ISLAND FFJ•zRY • ~ DISTRICT C Z ,'x~ 9 ~ AGENT: 5HEET 2 OF 5 ~ ~ my I s ~ ~OGKO, INC. - 4~ ~ a~, Kel+n a Neieort PE O P 0 °68592• F; My.~ G7O~c~c~ p'90FESSICHP~ 8605718939 FAX 8605727569 DWG 11-L2270 EMAIL• dodroc~sxt.reF ran, Nom, o~, ~ ei~~2 ~ m ~_m_Rn+e.eae.~y 1 APPR VED BY SIL~/Erz EEL GO ~A f1tUSTEES TQ UTHOLD ' REFVICE 7-PM.EWLAiIN wtth NEW D~ q 2 24.-IN DlA GONGRETE RLJFD STEEL PIPE (see deMtl sheeYS) ~ i -i ~OO OO og NEW BUMPER BFIJ'1 (iTP) NEW JO~FTX304f7LOADING RAMP PDGF07Ui47E NEW COUTOWF12 p~~~~,~ NEW SCT^O~NNE 5GOUR PROTECTION / ~ - 1 ~1 ~ ~~_/.~y~ F / ~ "~RE1..GYATE~L/RrG I~ ~~l . + _ / ~ OF NEWSTEEI. S~H~E~fETPILE: / MIIII Y{J~RrI.GIG ~iAP~ ' 1.~ ~yf/.1~~ NEW TIE-84GK ROD (lYPJ IWr ~W~GRI l " . oFUSGS ~DOSTNG G,4TE ~ ;.1 1 GONGTRE'fE PAD PL.AIV x/11=W ~w+~~c scxe I • a>o 10 5 O 10 PROJECT: NEW I~.AI" IP ~ BULKHEAD MODIF1GA710N5 l.O~,ATIOrk RSHER51_~iL~WD-TOWNof50tJfFiOLD ~~GQF NEW Y WATERWAY: SIL ~GOVE' NEW YORK ~Q, ~NKE T/ye DATE P1JGU5T78, 70I] D O C $ O * ~ "op. - * APPLJCJ+Nr RSFiERS 151AND RS~RY 2 DISTRICT ,r n x . AGENT: SHEET 3 OF 5 ~ _ 4 DOGKO, INC. ~C 88692"~ 4;~ O ~ N A Myytk"GT06359 P 0 ROFESS~~~~P~ 8605728939 FAX 8605727569 DWG n-L7I7o Er1NL dodra~xietnet Nom, ooew ei~2ots esa vn ~o_rm,-aa,o_r~nxd~.e..y L Ew511NG T~t18ER PILE COUNtERWEIGHT TOWER (TYTfj ~E%ISTING LIGHTS (TYP) EXISTING LOADING RAMP TO BE RER.AGFD EXIS~~M ~ ~ ~ TOPIOF BUUJiF~D EL 6~FT 21tLF EXISTING RAMP LFNG'fV+-'~ GHAN~HJNK FFIJGE BI'fUMINOUSPAVEMEM 1 „ S1a, ~ EXISTINGl1E8eGKFJVCa~10R(fYP) t:i AHWL 33•x- - - - - ~ xv ya N~HWI.13• - - - - i'a' x~y~T;ti-/ r yf~ r~ 4w•yy'~. t -ern x~,l, r+'t ..x r}. .~~ir{41x Tcwr / i t EXISTRJG 5TEF15FAf1 ~ 'r ~ rt ~'E BUUa-IE~ (il'Pj RAMP SUPPORT(TYp) 'j.'PREVIOUSBULKHEAD(TYP) »^;,I^h' ~ S'. ~ f~'; E)05TWG RM1P SUFFbRT (1Yp1 I~ ' PIZOF'lLE3 r i,: yy rl2+sr GRArtiF10 Jf'Oid'IE 1'. b~ { .s. ~f st i~.{iil~ra~ hS°`•a ill xFrh )+x'v~>~kij.f'yY.t~ixi 10 5 O 10 ra w. yy/:, 4.r,... e, (Y~{ .4, 5. ~ !...2..,.~4.. rz,-.H,.C.ps,. NEW SINGLE STEEL PILE GOLINTERWEIGHT TOWER .~lF_AVEASSEM%Y NEW STEEL BUMPER detail shee~r~ ~`TI~ STS C~'rli NEW 2OrFT WIDEX 3OsFrLOADING RAMP TOP OFBUUWEADGOIJCREIEGAPEL6,F7 ~Y'<„ 30iPT NEW RPMP CFiAY>F•UNK FF1JGE - RELOCATE .r... :r,y,, AHWL33'x---- ~ ~ tt~!12, rs>4 y ,rfAl 5 r r MHWL 23' - - - - „~~.tipv; NEW CONCRETE PAD ALWLOA---- r i ~F it r, s<,,rY ~,"?'v[y<r>!i'?'~~i; c~xf~~~Y. ~ EMSTUJ6 SHEET PILE BUUQiFM a ~ ~'a ?.x EW T1E-BA,G'K ANGFiOR ROD (`f'YP) f r3° I r ~kH' Yx 4f r st cy. i'a a r i ti? r NEW STEEL BUMPER PILE TR1Mh1FD ATALWL ITYP) r ~ NEW 57EEL SHEEP PILE (1YPJ ' y; r , BRAGETOSHORE(TYP) P8UU61EAf) der `v~>> iti ''a { 1t t;}r`I S~ i t`> is a RAMP SUPFt7RT ~ ' ;a f, .,2 TRAINED AT ALWL(TYP) dy ct• ~.'yx ~ i•. ft7~cx r ~Yi°rc1 j~F`; SUPPIF_MENTAL STONE i a r` S ~l x'. r i~t r_. ',.+r ! ~ _tr~y+~ a~L '~.;;r / ~ ' SGOURPROTECTION 'x+' <F~*~ _.it + rtr3:_.. .k~r~ r','. ; 50sGYOVER5OOr5F r.z:~`a?.=i~?' PfZO1=I L1= n, % ~•}fi~hy} EXISTRJG ROCKS ; A ti i 1U. ••g•. ~5'c' , 4 ' ; +il: GRPPFA05GMP t•.to t>m,r,.A -7 r ` 2`y4 j} e1 ~ i x'• l~rt~rtr j+ .....,x! S.'+. .r rr ei ir?z`. al r N+..:i:. t~if'x7., k}t ~:fT.r~ }!ti l0 5 O 10 PRO.JEGT NEW R•M1P ~ BULKHEAD MODIFICATIONS L.OC.ATIOrt RSHERSISLAND-TOWN ofSOIJfFiOLD SUFFOLK COUNTY. NEW YORK ,t~C. ~w y WATERWAY: SILVER EEL COVE ~Q. ON KEI DATE AUGUST ~E, X012 ~ U 0 C K O * w ~ ~ APPLICANT FI5HFR5 UrL~JHD FERRY DISTRICT ~f S ~!y AGENT: S~I~~~4OF5 q (-f Q 1 a~~s~ / 1tM ~OGKO, INC. ~ , `P p x KekM 8. Nelson. FE CS O ~~b 5R(iy2.~ -r M~sik, GT Oa355 P O AS~Fe ss!~ % e6o sn e~3.a FAx a6o sn ~ DwG n-~-rno EMAI: docto®anetnet KeHh NelMwi, Dods Inc. 8/]8/]01] 654 PM FIFd HdmRynVl+slmd_'1,rM9 y NEW 2G-IN CONCRETE Fl1,ED WARPPING PILE ((YP) i NEW CGUN7ERWEGMTCABLE ~ SNF.4VEASFiEMBLY(TYi~ N4^J01lAi f~4 NOTE RELOCATE ~`RAI'IP WDIN 22~FT- 000NiERWFJGHT TOWFIl F~OSrNG FiY'p A ~ adFENOERGKE/f~t.PFIN4 ~Wilil4sFT -Y' T0ACG0MMGYJA7ENEW Pr•nU.39a-- - - - ~P W~ L.O.4DING (LWIP TO MHWL73'- - - - NEW ELE~ EE REFLAGED ar nLwLO.a-- - - - wu~rarloisr(TrP~ REPSVREOi>~uRe15++r=a ~d RE1NSrALLED NEW SINGLE STET=1 PIIF :OUNTERWEIGHiTOWER('T1'aJ i NEW COUN7ERN2~IGFIT ---~-J-~W-- ¦ --___ppµy-_ NEW RAMP PDVRpwrtaiE S4FETYBEM1 Barron GR40E , w q.: _ . r~ >f , r~ . ;4 GOIJ IVTERWEIGh--fT - '~',;~%~3Y` W`'~r'S TOWI=R DETAIL y v ';.'ky kij.YYe~._ h*.i / _„»;M.bir;'~;:~+`':' ='h..4}• GR.DiFVIL 5L4F 7':ta' s i c~. Vic' i' £ •,<~~.Y-..Y 'y'n i W~^.RF'~PIIVC-~ F~IL1= D1=T,A1 L caaa~ascsi.e i•=io' io s a eo PRO.~ECr: NEW RAh'IP ~ BULKHEAD MODfFTGATlONS ~~~F N~ LIJCATIOt~k aSMERS isl~wo - rowN ~sounloL~ W SUFFOLK GOUNTY, NEW YORK ,`Q. ON K Tye WATERWAY: SILVER EEL COVE Gj \5 q DATE: At1G[ 15T 28, 2012 . D O jj U . ~ 2 ~ S * APPI~GANT: R5HER5151?ND FERKY DISTRICT y m ,.,r' w PGFNf: SFIFFT5G4=5 I _ ~ ~j, 1~0CK0, INC. R~ ~s8692•~ 4?~ Kelth B. NeYeon. PE 0 P O S iOgOF Myslk, GT 06355 ES510' 860 572 8939 FAX B60 572 7569 DWG 11-1-2270 K~dfh NeNem. Oado NC 8/~B/]0116%PM FlFO Mtln-Ronp_RaWN~.(Mg No.~ 7~ 9a Issued To ~s~ Da#e Address S.Iyef ~e1 Cam: ss la„~l THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE.TOWN OF SOUTHOLD SOUTHOLD, N.Y.1197i TEL.: 765-1892 _ BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT N0.7490 DATE: MARCH 23.2011 ISSUED TO: FISHERS ISLAND FERRY DISTRICT i PROPERTY ADDRESS: SILVER EEL COVE, FISHERS ISLAND SCTM# 12-1-10 i AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the mceting held on March 23.2011, and in consideration of application fee in the sum of 5250,00 paid by Fishers Island Fem District aad subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: I Wetland Permit to replace or repair, and restoration of the main ferry ramp potentially enlarging the ramp to 22' wide by 30' Tong is the Silver Eel Cove including the installation of new rnunterweight support towers, ramp support beams and piles i and protective dolphins waterward of the apparent high water line; and as depleted on the site plan prepared by Docko, Inc., last dated January 24, 2011, and stamped approved on March 23, 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, I and these presents to be subscribed by a majority of the said Board as of this date, i ~:yfFQ( ~ ~ ' r a~ uH ''~a1 * ~ I TERMS AND CONDITIONS i The Permittee Fishers Island Ferry District c/o Robert R. Brooks, II, Chairman. residin¢ at P.O. Box H. Fishers Island New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold aze released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Pennittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application maybe cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Pennittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Pemuttee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which maybe subject to revoke upon failure to obtain same. ~`'.r 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to tie Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of FISHERS ISLAND FERRY DISTRICT to replace or repair, and restoration of the main ferry ramp potentially enlarging the ramp to 22' wide by 30' tong in the Silver Eel Cove including the installation of new counte?weight support towers, ramp support beams and piles and protective dolphins waterward of the apparent high water line; and as depicted on the site plan prepared by Docko, Inc., last dated January 24, 2011, and stamped approved on March 23, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, . ~ Jill .Doherty u President, Board of Trustees JMD/eac r`.' I r`,N 3s 3i I} NQiE4 WATERQ'M-W4 ~+1: t. ELATION DATUM 15 ME~`7 L~ 1 31~ o ? r ~ ~~~2Z22 1 35 2, TIDE DATA 15 TAKEN RAM NOPA TDE TABLES u ~ ~ ~ ' EEL POND. RSHEW` ~~O• ~ \ ~ ~ n ~ ' 1.i REFEpENCE:SA-VER \~1 ~g p ' ~ ~ ..d;, 3E ` ~ ~ RB15H AivD ~ ~°w~oo~ RLE ~y`~~ 6a ~ ~N 'I ' ~ I ~ FERRY TERMINAL LOADING RAMP. RLES WTtH tabM M.a a'y'e ~8 i ` • ~ ; GOUNTERWE~ TW?ER+` AND FENDER ~ STEEL RLE COU PND FENDER RlFS. 5~ fl n It~ ~'bae 13 ~ REp~AGE TNO EXISTWG FENDER DOLPrIINB. WATERWARD OF ` ~,.+i 4 "P 13 THE APPARENT HIGV'I WATER UNE. 99 Ya ~ , ~uw~ c~ 4. PROJECT PURPOSE LOADING FPGYJTY IN ~ r ~ , r _ ~~T~COMMERGW-FERRY. 5. THESE APPI'IC.~`TION~S~~ q~y)RpNMENTAL ~ .R'- s • ~ ~ ~ ~ ~~I A ~1RPIlIAFYP~09E5 T~IiEY ARE NOT CON5TRUGTION 26 ~ 7 :5 ~ PERYIIT BUY-DIPIG Zy MENT'5. ATWJN~GffY 96 .N ~.P GONTRP4T DO ~Gn.I1RED. Y BE PERMIT MA 6. ADJOINING PROPERTY OWNERS LOGrAT10 S~GpLE WEST' STATION ~ ~ o }ppp NYI~S U5 COAST GUARD ~yN LIN,I~ PO BOX t000 G/O OOAST GUARD STATION SOUT}1plD, NY 11971 , e_'~ - ,-!.s :'~s :-:e:r~ ~"rr.,~k...t.~`7 LOf`JDQN. CT O(0920 yo'~;~.Civ:<=?rale'Y,`i1t'n:.: wl~i.'i .-'~.sr, a.'•<'.p?'d~'ti~f w`•-e'er :':x>7.4~Y~R..+...:~ai NEW ..a.^,-.. a`-v,, '%.YML3rh::!'t r r": rtrk~.irr.~'4°~:ti~:t FISHERS ,y.N/F + RS LANOi~t`'; SOUIVt7 'a'-':s.Gp,DAFAMILY~~~~FISHE ~U~ Di M'~- F ~ :i,,;. '.y,e s.^;,rrii`w•:.r1..(~t`q',,n... ~t-s.t. ~"^.SeK~yi i"o•j i,~ . v'4y i,• ~'~Yi t~':7.~'.`~.': "r4a.+hL,~n:1, ~:4~.; ate- .y.. ° ~y'r:~ P j•r';i . ~ravi ;.r~uv~'ti.'r,{~.j.: { :`.r: SIL~/ER EEL~i~~:Y=;~-~:x~~,~'~~:::~'~".y'~?h-~Qi++CC~r.';~~;-' O q,,. a.; ~.}¢"T~,,,,s5'.~d ;:i„~h cV~l~'ig SPY ° .c•... ° ° ° ° LpP,pING RAI"IP p.'~:y ? -':i•' .!~.,:xq~ ° o pRpJEGT: "'`A-- ray ~J ~::~i~S:{4-n•0. REPAIR / REPI.AG :.ti's: y "['~'iJ!•"G• j,~, hY:.i1n'i:~js ...^'.w•-~~ ~i:t'~ 'n •'`"r'~'~i.'~' r:='Fv~i „r,va .'rec>• ° Cj ~tfe?.y:d:a".":j' [t ~~j/~r~fCr~~/ a.!fiw*'~ v :,+iti'ail4 S.' : ».:Xa ILF I , ~ 1 i~e• - O ° ~~a ~ ,vJ. l+x.-'G ~:l ,+ti't: . GOA5T GUARD %r ~ y,:w-.. {..:1,, t O ` \ ^T.. ':Tii`:"•.~.'`'`e•r. ' -M+,~~ ?r:'ij. J ~.+.v?i:lir}..'-„ti~~ ° t`y,%;f.; '.!•14L-~[~'''i}~:+s.r. ~ P... .p is ':w.\ tea, r ~n RI ~ VI Ir ~N y.K ^~}ems`. N/F PROPE LL PLC .y Gp,DAFAMILY ~ SITE F O~/ERA _ t _ .i PARTNERSHIP y_ pRpp~(ZTYOf:. ~~~1 x270. 'uw~~'=~}:xF;•-in.'..- F>-~ y.5 s~'~ - FI~GI<II~,~ O :.~~ry? =T Y:~.l>~,'y4Y1' h~ , • FERRY DISTWGT - ;700 •Fl v EMENT . MAIN RAMP REPAIR / REPLAG ^x:..:..».~ . PROJECT: LOC/*~ RSHER515L?ND - TOWN of 50UTH0<~ SUFFOLK DOUNTY, NEW YORK ~pF EwY Wp TERWAY: 5Y. ~ ~ . Q 0 C K ~ ,`Q~O;iK pppL1(,ANT: FI5HFR5 LSLf~ND FERRY . 't ~ Uj \ ~ p15TRIGT C * Z A y y ¢ SHEET 1 OF 9 / - ~ ~ ~ DOGKO.ING. ~co P KaMh B. Ndlsan, A: _ 68692'1 ~ ~ ~ ~ 8A39 pp,X g60 572 7569 DWG 11-1-2T/0 Si~FESS~Ui4~ ENI~ dp~yiera}et I ~ N<.w PIER 1 ._,N,,., EwSnNGDOLPHfN TO BE REPL.4GED (TYPj SIL~/ER EEL GO~/E EwsnNG LOADING RAr1P TO BE REA~CED OR p~T~'FPST RAMP RL-PAfRED~R.1R9d5HED and REINSTALLED NO CFiM~K"E PROtl~SFD ALWL, MHWL and PI-hVt ALONG FPGE of BULKHEAD ('fYP) MAXIMUM NEW EXISTING RAMP EXISTING FENCE (TYpj`~w i:~i° Rf1h'IP DfMEN510NS PPY7RT/FENDER PH.E ('IYP) ii /x.22-FT W1DE X 30:iF ~ ~ _ - r: - - EXISTING'I'A~18ERWHARF _ _ , . ~ ze.: F NEW SINGLE 5TEEL PfI.E EX15T~IG GONGREI'E BUl.Y31EAD GOUNTE ~;:;:.,`..r::::.;;r;;:> RWFJGHTTOWERS=:=:.:::.- :::::::::::::'..;:•::::::•.:a:;:::-:::::;.::;:•:::-:::;:::,;;:•::::::::::::z•:>:;:-.::::::::::-::::::;::;:-::;::::::::>:.;-::,:::::::•::-:. :4ii:~iiii'}i`i=:E?~:,:~.;)iY::r::..:y:~:::::::::::.~:.}:::.;::: ::::.........._.........._...;i~):5`i}iii:ii:ir::c~i. °iiiiiiii?i1:4ii:4i ii7:iii:'itili~:iif:i5iii:5'iiiFi?:;i4:cii:?ii'riliiii:~:;;';6:6i:^i:•:iii:~;:Ci~i:-:~?:v:iii?:':?iiiiic:iic:ir ~-~*----PPPROXIMATE PROPERTY LINE TING BfTUM0VOU5 PAVEMENT ;:.PROPERTY of `:?i`ifi:":;4is:`::::'t;t::s.'•z%'si:::°`i:' ?s:? FISHER515LAND y;:::::::::::;:;;•:;;s :•i ::::::.::::::•:;;:;;:;:::a:>:>::a::;>:;:::;:::::::~:; r~w5E+~taEra.»ua r: FERRY DISTRICT : I BOLTt~ CONJEGTgPlS wanvo®umru~aiwra: `:i :S:? AONA:::::.TRA::::::. NIS TICXJ ~ i BUILDING/.~FIOP +'.i:::-i::?:: acs ai:::::;: .................................::::r:::;e:;:;e:i:::a: _ avwae PLAN ~.~'lSW ~ FlE (fYP) ora eam~r 50~ ca~wc sca.e r • so twa vlfs tttvl n_ao ao , _ rm~: - T.._. - -rHw~3 - j r E=P F=f"IEfV7' -nwo.a - { PHffV ~ 1'. b' ai`~oHl/nos ~o , , o n 5~31St1LL ,:~3 Q>Jo>09 ~^"f<''iS:r+:.'Y~':i.' 6•Y-j° ;i,t.yL:. , .:.t.•.•. .-..~:.r4 V' ,R. F . y~r. BOTTO'15®1'BdTS~ ~ V•,~ •}:'.7,'~'r . ,a. 1 A J ~ ~ PROJECT: MAIN RAMP REPAIR / REPL.4GEMEN7 ` ~~OF ~~1' l.Or.AT10N RSHER5I51.AND-TOWNoiSOtJT1iOLD SUFFOLK COUNTY, NEW YORK K y WATERWAY: s~vEa Era- covE r ~ ~P gD~ '~r~ DATE JANLWRY 24, ZOII p * ua ~ to ~ , FI5HER5I~LPNDFERRY ' ~ 2 9 AGENT; SHEET Z OF 3 • ,~=,1 IaOGKO, INC. ~ ti ~ ~;'r Karr, 8. NeXsa6 PE G 08632• ..~`'%'E5°,1~ ~57~t~ FAX 860577569 EFIPH.c dod:o®srietnat DWG TI-1-~?70 t rOWER and NEW SINGLE STEEL PILE NEW SINGLE STEEL PILE COUNTERWEIGHT f GOUNTERWEIGM TOWER and SHEAVE ASSEMBLY (fl'P) (see detoN) VE ASSEMBLY LOCATION FOR ppSTNG TdMBFR PN.E GOUMER RAf•'IP IF REPLACED (TYP) -11 WHGFIT TWaER TO BE REPIP~ STING LIGFITS (T~ NEW STEEL. I-I I II ~ D0.5TIADING RAMP TO BE ~RAG~E ro 5~i-TORE ! ' i I I I I REPr1~cED ar REPaRF.D~RERJRBLSHED and REINSrAI.LED IF RAMP IS EXISTING 1}{(tFE PILE I, ' , I I I I I ~ TOP OF BULKHEAD EL 6iFT REPLACED (lYP) DON (TYD) I NEW ~ p I~TH 30~I-F ~ q~pN.I,WK t~IGE ~ i i a: yy~ ppSTtJG RAI"IP IF1dE,tH-' APPROXIMATE LIMITOF I ~ :•e ~ ~i, ~ ~"y<~ i;;'K. NEW RAMP IF J" I ` . \~~~s K.i'S f ^X , k 1 ~ > {~v<x Btt1,AWN0US PAVEh1EM ~ REPEALED ~ _ i';' ;;~,/f.:~~~,B,nOKANCk10R ""Sits. MIHWL 13' - - I I i~ I~_ :t'<: / a~r~$~jU~' BIAYJ~F?D ('~YPI PLWL O.O - - ~ - ~ I I I ~PREV10U5 BULKF'E?D ~1 EXEiTING S1EB. BEAM I I . aa-iP SUwosrr crvr'i ~ 'i I I I I I I I I~ I I , OaSTINGRAMPSUPPORT(TWj _I ~ 1 I'1' I I I FROI'I FADE I' ~y~r TO BE I I I ~ 1` I I p45T~IG I~ z rNEW 4OsLF SCOUR PROTECTION STEEL I 1 ~I i I 'Ii I I BUI.KFIF.°D c~E7 PILE with 8C4GY of GLFiW GRAVEL I I ~I II ~ 11 I I I ~ CRUSHED STONE or CONCRETE PAGKFiE•E- t, , ~ ovsR 70O~F I I jI I, i I I ~ II II g 1 I .y, ~ y.: <,z.,,. •~~.°(rll~,yy v'ci;~ .k. `i'~A;!: II i,, ii}+, .~q~k~+)'f~P:;~tl~ -1{.vF.'. .~..uG. /lx 1 PROFI!_E ~NrE>zw>=~Hrc.As~ gpµ~~ 5~..~1P i t0' SHEAVE A55EM&-Y ~gp~un rEw ~RN'•DVNfM 77evFT A' to 5 0 ~ ~NTERN~HT70WER ~yipt~Ht ~'f -r- TOACGOMMOD IW1P WOTH (TYP) LpggN[ RAMC TO NEW EIECTRK./1"WJU'y ~ ~ RAMP Harr (TYC) REPA~FD a+e RorlsrALLE0 NEW 51NGIF STEEL Pd.E Gourv rowER (TYF) GOIJIVTERWEIGI-1T NEwcOUNrrx'vE~M TOWER DETAIL ~_,4nwL-- -----n^"~L-- GR/~DFNC SGaF 1 ~ • p' ~ _ - _ - _OLWL _ NEW RN'1P K) S ~ BAFETY BFIV"I pROU~T; MAIN RAMP REPAIR /REPLACEMENT LOCATION: Fl5HER55151..°ND'TOWNafSOLrtHULD pF NE(1r SuFPax couNTY, NEw Yawc 't~ Y WATERWAY: 5a-~ EEL COVE ~,`Q.~oN KE DATE .1PfJlEARY ZL: 701I ~ ~ ~ . ~+~ye FI5FiER5 BLAND FERRY * 2 y ~ APPL1~~~ DISTRICT . ~ ~ , ` ¢ SHEET 3 OF 3 r - - O w ' AGENT: ~ ~ - o ~ ~ u' I70GKO.ING. ~ Kenfi B. NaNeai, PE 0 P 0 sb692' . OFESSIO~°~ 860572 AX 860577756.9 p~VG 11-}-7710 EMAII. docka®w+rt.M Jill M. Doherty, President ~~OF SOUIyo Town Hall Annex Bob Ghosio, Jr., Vice-President 'l0 ~p 54375 Main Road James F. Kin yy P.O. Box 1179 b g ~ T Southold, New York 11971-0959 Dave Bergen ~ Q John Bredemeyer ~ Telephone (631) 765-1892 l,,'C0~'~~ Fax (631) 766-6641 BOARD OF TOWN TRIII3TEEl3 TOWN OF SOUTHOLD March 23, 2011 Mr. Keith Neilson, PE Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: FISHERS ISLAND FERRY DISTRICT SILVER EEL COVE, FISHERS !BLAND SCTM# 12-1-10 Dear Mr. Neilson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 23, 2011 regarding the above matter: WHEREAS, Docko, Inc. on behalf of FISHERS ISLAND FERRY DISTRICT applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated February 22, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 23, 2011, at which time all interested persons were given an opportunity to be heard, and, h'r: WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, GNCB 1 Consulting Engineers, P.C. Stulural E~neering 6edednical Enpineainp Hislak PreauMlan Caatructlon Support August 27, 2012 Mr. Chris Edwards Fishers Island Ferry District Drawer H Fishers Island, NY 06390-0607 Re: North Ramp Development Options Dear Mr. Edwards: Pilncipa~s We have provided three concept options for enhancing and rebuilding the HFe~,~~n c~nf,in. PF north ramp as a larger and more comprehensive project than was designed .fa"°~, F. rk'°'"~. re. and bid last year. This has been done as a result of the commissioner's ~'"''""''E desire to upgrade the bulkhead since it has limited useful life remaining ceotachnlcn~ Assoc~ala (approximately 10 years). The original project was to upgrade the ramp and uaei4t F~a~y,,eF_ counterweight towers. filnirlurnl Assocfata r~r,,:ml a Cr.N~da. PE Of the three options presented we would recommend "C" which enlarges the ramp to be consistent with the type of ramp available at the New London slips as well as positions it so that it maintains the existing lane of approach that currently exists. This option as well as the other two will allow for the same load capability as the New London side. Option "A" has a shorter length which does not provide the best operations during all tidal conditions and "A" and "B" realign the slip and are deemed less than optimum when compared to "C". While there will be differences in the cost of the three options, with "C" being the highest the difference would not be significant enough to go with a less than optimal option. Very ly, 130 Elm Street harles C. Brown P.E. P.0. Boz 602 Principal OIJ Say0rook, CT 06415 Tel 860.308.1224 Fax 860.308.4613 rast"ame'mgncAenglneerscom pncbeigineers.care August 15, 2012 Chris Edwards Fishers Island Ferry District RE: North Ramp Development Options Dear Mr. Edwards, Following up on our brief conversation that other day, I thought that it might be helpful for you to have conceptual plans of various development options for your review at this afternoons meeting. Keith will not be able to be at the meeting tonight due to a prior commitment which 1 will be in route to at the time. However, he will be available by cell phone if the opportunity presents itself. Keith's cellphone number is (860) 861-9890, if there (s a number that he should plan on calling in at a specific time, please let him know. The attached conceptual plans are as follows: Plan A represents instillation of an 18 foot wide by 24 foot long ramp. The new bulkhead could be run inside the existing southeast and southwest walls of the ramp well, requiring removal of the northwest wall and the wall beyond that going over the Coast Guard facility. 1 have shaded the area in where this wall removal will betaken place and it is blue to represent open water. The ramp is shown to scale, along with the new counter weight towers, the counter weights and the bumper piles. Note that this, option will also require relocation of the outer dolphin at the port stern of the ferry. Concept plan B represents an 1S foot wide by 30 foot long ramp and this ramp is set back into the existing drive. The southeast wail is inside of the existing southeast wall of the ramp well which should ease construction options slightly, but requires the ramp to be slid farther to the northwest which crowds the property line and requires dolphin relocation out beyond the property line. The new bulkhead Is recessed approximately 6 feet into the existing property which makes room for the new ramp, without exceeding the existing ramp footprint. This keeps the race point inside of the critical clearance s that was discussed during previous design iterations. Concept plan C involves the most work because all four of the Interior walls of the lift well and the wall running to the Coast Guard will be removed. The new wall will be set back 6 feet Into the pavement, allowing the new 18 by 30 foot ramp to occupy the existing ramp footprint. The counter weight towers counter weights, and bumper piles are shown. This concept does not necessarily require relocation of any of the dolphins. I have also included a sketch titled existing conditions which you can make use of as you see fit to develop other options which may arise during discussions. The bids for the previous project which included all elements, except the bulkhead work came to $400,000 to $500,000. The bulkhead represents approximately about 50 feet in the worst wse if we anticipate $3,000 per linear foot which I believe is an appropriate value, this part of the work would cost $150,000. It seems that this project could be done for the $600,000 to $800,000 budget we had discussed earlier, leaving $150,000 for contingency. 1 think that would be a prudent way to proceed. I trust that you will find this information helpful through your dellberat(ons this afternoon, please glue me a call in advance if you would Ifke to discuss anything further, otherwise we look forward to the 5 pm telephone conference. Tha k y arles Brown, P.E. z~ Q i t tl.. ! 4,. :r~~H~~~~5;v~~ir. . "a.• ~''r';~r~"t' O O :ii:i• €>:iE::i::E:::Et':t:tiE[Et O V O .il. rr." ~ ii>^' is iiiE::w:,:av' .'•i'<". ~ O iiiiiii'~ii'iji :ifiK'ii{i; O O I ::.:I~1: ~::::~i:i::::::. ' !4 . . •J Y:' t ~ .:.:1:. `~:,!i . ~+a ' S t .i:::~ ::':::'t::::::•:: ,~iL :':•I t 1:. `V} 'i 1 ~•I tt.... i. r...•1 ' L'.1.......... . j A is i 5:::::.::: g::::.:::: t~ : f . I• . :ia •:•:4d ~ ..l PY:.:: P:: •f' 4Lr F. i t\ :f' . 1` y:i~ i~ " Y: f L ice. .t f.t ~'Sn i'k^'~ :::y:':':~;::}' :fiJjip;~ ~ : i:p:::p!ii;i;i;~:>i- 'J : ..f .t 'S a ~p ?r` .1?j~?~i'i i;i 'r.`~: 5: ff br' ~t' J: - f ;:j:;'.::;:;:::::~ T'... 2 ~~t • 't lrr Y ~~M1~i r. '.1 Y. ~.'t '1: :l :.1r ;iY l 4: iii' `'i. ..J...... I:'............... . ato.~cr: MAIN RAMP REPAIR /REPLACEMENT L.OGATION: RSHER5151?AD-TOWN of SOUTFKX.D SUFFOLK COUNTY, NEW YORK WATERWAY: 51LVER EEL COVE DATE: .YWUARY 24,1011 ~ U 0 p l RSH625 SI.MID FERRY ~ DISTRICT AGB~lT: SKEET 2 OF 3 GOGKO, I NG. ~4^ ^ KaNh e, Ndba6 PE C p P p R . 66057'28939 FAX 86057]7569 DWG ~ ri-1-2170 EMPoL• dodr~netrlM uwnt w.r.. cwao m. vaaon=a'Jrn wrol'w+.wtvaa«s i r a^ ~/,arK16 aocr.~?~1 R • L.yt i Oy "<t r:Y L ;'t.v. t .1 L F .Sl ! 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'i •1 }.r . s'. :Ei4 .n. .•..,.Y.:•ii:.:: o ~i$f .re, S% pi: _ )i 1:: %~4 S" .S' •I .J t•. i%: L f. t+ r:T. . ,.f ' . #'v •R$ ::.zr .f.:, t .r rk. c•'. . t k. •S :iqi •ty. `z CR9s .:~r :`D. • r L°f _~j,:;~, s. t. 'r^•t, ; .f: :r•' x~t t::5:, :i~ •'7 .iv. ~ .ygL •'s . 7 .y i' 1 is ` I .f '.~,r '.t . ~~y~. .f i.~. . 'K. ij` :i. :i' a. .f. y. ...r'•..... r .;c . : I~' ~Vtw~tJwkktad bQ4u.d SuJ Jkroil'Pt/s. Nsa. IS'x3o' Q. R+orECr• h'WJN RMiP REPAIR / REPLACEMENT LO(„ATIDPt ~s1~D - Twirl or sovrFlol.b ~ caxmY, r~vr rolac WATERWAY. SY.VtiR EF1 COVE OI~.JCFiPT DATE .AeNU4RY2A, 2011 ~ D 0 0 ~ Q ~ iPIGRX,M7~ FEiFER5l5LAr~FEfd2Y ~ ' Si/S /l2 ~ AGENT: SFEEf 20F3 • I~OCKO, INC. ~c ~~q KeHh e. Nelra~ PE rM,i~,cTO~ss ° po S eFOSne~ FAxarosn~e Dw~TM}2z~a r..nts N.rm o«ra ~ vanoa sai ~ r~.rl,nwrosew x Q • i r. og z. . J. s s fa t - - _ ...ap,. i =!f' ••'17•} r j _ y : 3 t •.=o t t , Yk' r.. e:.' : . ?1. ~ t.... : i. f.. `.•'t'~i` a:. 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T's . i•• r'' :A. .'7 ~3 :~I ~ ~"M~~3niVt~ '•ilr v i1•: • {i ij •t} 'f t•C' .a::l Y. K• 't : . . a. ` ~t( --L I P:•i.~b.•:•: •.•.•:~:•S.•: •.~ib P[ ~~f!P~'!s:':i . l~w I x 30' 1Za«9~,Tewtrs ~ weu~tds~~+~P leak 1 Id NAP +t' be ~ s~~~rxwk~ caa~ls RtO.JECi: MAIN RAMP REPAIR / REPL~GEMENT {.ornT{crt asr+azs~-Tw.maf SIFfOLK GA1MY, NEW YOiaC ~0~~ ( _ WATERWAY! SLYER <~I. GOVE v vATe . w'rr~wzv aa, zdn . D. a 0 . ;AoPI.IG?{>If: RSFER''SSLANDF~R1' ~ 8rt5,12 _ ~g n~ENr: S~rsoF3 //~''r ~OCKO, ING. d' 4Q w~, a vE ° o: b~ ~aFA2c e~osn~ vW~ tit-ago EMM.: dockn®wMtnr,t I rrm twra., ~ k aanan z»m nw,s+a,.cemaew •oi• .~X~. ~i .i . ::i ,ii yi:. ~,i r •••`i„-.. 'iji(ijq y:iCii2~iiiy~i ! ji. 'ii::ii::i X' :%S "l~'.j :fin 111 r: ~ ~oi:i:~ iird 'i1:^•. :.:~a%z.. ii: ~ ~ ~ii~eiiii'r'ii~iS~iiEi52fi ..1! ~ : . :il:t:~ L 'y : M1j'~::' iS:iiiii!ii:9i:i::i:iG::::: $ . . ; I:?;iii r::i Vii::: i~...e. i::: ' i s:.: ~ . I' itrip~ i;ir::iti4i:ik»? ;r.'C:: iiii•.'iiiyiii•i:iiiiiii ~Eii ~i •.t ..t..r.,.t...t....: ...t t 'r. s. r y: I , r-'. .r 7. ::i:i:i:i . I ,r' r.' r:.i . ! . r . i iiii r ' C.: . i~ i'i= ~s` r. ii'iiiE > fi . 4.. i•~ i •.1::: 1+'1 t:t t'I:Gi:::l:::i . ••f ~fi ~I. :,r~` Ir„ , ~'f lY•9 ~5• T. 'f . ~'l.• :Y. ~'r .r~ r . ,j •f. ri '~T', .s.• i r -.I: y :i= ;i~:;~:; 44' .I" ,.r? 4 4 ...1. e. 'I' Aav.~t MAIN RAMP REPAIR / REPLACEMENT wcnnort FISFi~i18LAND-rowri~samioi.v scaurnY NEW YORK wn~mvAr. s~vex covE vn~ .>,~wRY sa, son , D 0 p _ iAGPLIri~(`1C FL511925 <<~ FERRY ~ v~stwcr . nor. stir s of ~ I~OGKO, INC. f~' ~ ~ ti v.~n s. wi.an vE P p P p ~R rmn~, cro6355 ~ 8605728939 FAX 8605717569 DWC'~. 1LL~270 EMN: dodrnrlx~etns~ r..nn~oeem nc vanes aw vn n%f+~•~v~as 1 RAMP RESTORATION ' FOR THE FISHERS ISLAND FERRY DISTRICT ' FISHERS ISLAND NOVEMBER 2012 CONTRACT DOCUMENTS AND ' CONSTRUCTION SPECIFICATIONS ' Prepared by ' Gibble Norden Champion Brown Docko, Inc. Consulting Engineers, Inc. 14 Holmes Street ' 130 Elm Street P.O. Box 421 P.O. Box 802 Mystic, CT 06355 Old Saybrook, CT 06475 Keith B. Neilson, P.E. ' Charles Brown, P.E. 1 FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION NOVEMBER 2012 t Fishers Island Ferry District ' P.O. Box H Fishers Island, NY 06390 631-788-7463 Voice ' 631-788-5523 Fax NOTICE TO BIDDERS NOTICE is hereby given that sealed proposals are sought and requested for the repair of the north boarding ramp at the Fishers Island terminal and performance of work thereon as per ' specifications. Specifications may be obtained in the office of GNCB Engineering, Saybrook, CT. All bidders are required to attend apre-bid conference at Fishers Island on Thursday November 29, 2012 at 12:15pm. Proposals, in duplicate, must be received in the New London ' office of the Fishers Island Ferry District, New London Terminal not later than IO:OOam, December 13, 2012. Bids and a recommendation for award will be reviewed at the Commissioners' meeting held on Fishers Island New York at 4:30pm on Friday December 14, ' 2012. The right is reserved to reject any pazticulaz bid or to reject all bids. The Town Boazd of the Town of Southold, New York or the Board of Commissioners of the Fishers Island Ferry District, if authorized, may award the contract to the bidder whose bid is deemed most favorable ' to the District. The absence of any bid by the Board of Commissioners shall be subject to the approval of the Town Board. Dated: November 15, 2012 Board of Commissioners ' Fishers Island Ferry District ' d General Manager t RAMP RESTORATION FOR THE ' FISHERS ISLAND FERRY DISTRICT ' FISHERS ISLAND ' NOVEMBER 2012 ' BID DO BUMENTS ' INSTRUCT{ON TO B{DDERS 1 1 1 1 1 1 TABLE OF CONTENTS ' ARTICLE 1 -DEFINED TERMS ...................................................................................................................................1 ' ARTICLE 2 -COPIES OF BIDDING DOCUMENTS ..................................................................................................1 ARTICLE 3 -QUALIFICATIONS OF BIDDERS ........................................................................................................1 ARTICLE 4 -EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE ...............1 ARTICLE 5 -PRE-BID CONFERENCE ........................................................................................................................3 ' ARTICLE 6 -SITE AND OTHER AREAS ....................................................................................................................3 ARTICLE 7 -INTERPRETATIONS AND ADDENDA ...............................................................................................3 ARTICLE 8 -BID SECURITY .......................................................................................................................................3 ' ARTICLE 9 -CONTRACT TIMES ................................................................................................................................4 ARTICLE 10 -LIQUIDATED DAMAGES ...................................................................................................................4 ' ARTICLE 11 -SUBSTITUTE AND "OR-EQUAL" ITEMS ........................................................................................4 ARTICLE 12 -SUBCONTRACTORS, SUPPLIERS, AND OTHERS ...............................................°-.....................4 ARTICLE 13 -PREPARATION OF BID .......................................................................................................................5 ARTICLE 14 -BASIS OF BID; COMPARISON OF BIDS ..........................................................................................5 ARTICLE 1 S -SUBMITTAL OF BID ............................................................................................................................6 ' ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BID .............................................................................6 ARTICLE 17 -OPENING OF BIDS ...............................................................................................................................6 ' ARTICLE 18 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE ............................................................................6 ARTICLE 19 -EVALUATION OF BIDS AND AWARD OF CONTRACT ..............................................................7 ARTICLE 20 -CONTRACT SECURITY AND INSURANCE ....................................................................................7 ARTICLE 21 -SIGNING OF AGREEMENT ................................................................................................................7 ARTICLE 22 -SALES AND USE TAXES ....................................................................................................................7 ' ARTICLE 23 - RETAINAGE ..........................................................................................................................................7 ARTICLE 24 -CONTRACTS TO BE ASSIGNED .......................................................................................................8 1 ARTICLE 25 -PARTNERING .......................................................................................................................................8 EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00200 -iii TABLE OF ARTICLES (Alphabetical by Subject) , Subiect Article Award of Contract ..........................................................................................................................17 ' Basis of Bid; Comparison of Bids .................................................................................................14 ' Bid Security .....................................................................................................................................9 Bids to Remain Subject to Acceptance ..........................................................................................17 ' Contract Security and Insurance ....................................................................................................18 ' Contract Times ...............................................................................................................................10 Contracts to be Assigned ...............................................................................................................20 ' Copies of Bidding Documents .........................................................................................................3 ' Defined Terms .................................................................................................................................3 Examination of Bidding Documents, Other Related Data, and Site ................................................5 ' Interpretations and Addenda ............................................................................................................8 ' Liquidated Damages ......................................................................................................................10 Modification and Withdrawal of Bid .............................................................................................16 Opening of Bids .............................................................................................................................16 ' Partnering .......................................................................................................................................20 Pre-Bid Conference ..........................................................................................................................8 Preparation of Bid ..........................................................................................................................13 ' Qualifications of Bidders .................................................................................................................4 Retainage ........................................................................................................................................19 ' Sales and Use Taxes .......................................................................................................................19 ' Signing of Agreement ....................................................................................................................18 Site and Other Areas ........................................................................................................................5 ' EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts , Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. , 00200 - iv Subcontractors, Suppliers and Others ............................................................................................11 ' Submittal of 8id .............................................................................................................................15 Substitute or "Or-Equal" Items ......................................................................................................1.0 1 i 1 EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00200 - v ' ARTICLE 1 -DEFINED TERMS ' 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the ' General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: ' A. GNCB Consulting Engineers, P.C. is the office from which the Bidding Documents aze to be issued and where the bidding procedures are to be administered. ' Fishers Island Board of Commissioners P.O. Box 802 130 Elm Street Old Saybrook, CT 06475 860-388-1224 860-388-4613 (fax) ' brown@gncbengineers.com ARTICLE 2 -COPIES OF BIDDING DOCUMENTS ' 2.01 Complete sets of the Bidding Documents in the number and for the purchase price of $100.00 stated in the Advertisement or Invitation to Bid maybe obtained from the Issuing Office -this will not be refunded. ' 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting ' from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the ' above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 -QUALIFICATIONS OF BIDDERS 1 3.01 Bids for this project aze being selected on a invitational basis from bidders who ' aze known to be qualified and available to build this project. t EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00200 - 4 ARTICLE 4 -EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: ' 1. There are no known explorafions and tests of subsurface conditions at or configuous to the Ramp Restorafion Site at Fishers Island. The work area has been ' partially excavated and will be available for inspection by prospective bidders at the prebid meetings. 2. There aze no known drawings of physical conditions in or relating to existing ' surface and subsurface structures at or contiguous to the Site at Fishers Island except , the partial topographic and hydrographic survey that Engineer has used in preparing the Bidding Documents. B. Bidder is responsible for any interpretation or conclusion Bidder draws from any I "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. , 4.02 Underground Facilities ' A. There is no known informafion or data indicated in the Bidding Documents with ' respect to existing Underground Facilities at or contiguous to the Site. Utilities which have been physically observed during the survey have been indicated on the site existing ' conditions plan. Locations aze approximate. 4.03 Hazardous Environmental Condition , A. There aze no known reports, drawings, or references relating to Hazazdous Environmental Conditions at the Site, if any, that Engineer has been given access to or used ' in preparing the Bidding Documents. B. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00200 - 5 ' t 4.04 Provisions conceming responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appeaz in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data fiunished to ' prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the ' Drawings or Specifications or idenfified in the Contract Documents to be within the swpe of the Work appear in Paragraph 4.06 of the General Conditions. ' 4.05 Owner will provide Bidders access to the Site at the Pre-Bid Conference to conduct such examinafions, invesfigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility location. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the ' identification of the general nature of other work that is to be performed at the Site by Owner or others that relates to the Work contemplated by these Bidding Documents. There is no such owner performed work proposed in this project. ' 4.07 It is the responsibility of each Bidder before submitting a Bid tae A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; ' B. visit the Site and become familiaz with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; ' C. become familiaz with and satsfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; ' D. obtain and carefully study (or accept consequences of not doing so) information examinations, investigafions, explorations, tests, studies, and data concerning condifions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may ' affect wst, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any .specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; ' E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data aze necessary for the deternvna6on of its Bid for ' EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00200 - 6 1 performance of the Work at the price(s) bid and within the times and in accordance with ' the other terms and conditions of the Bidding Documents; ' F. become awaze of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; ' G. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all ' additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or ' discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and ' I. determine that the Bidding Documents aze generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. ' 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and famishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the ' Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding ' Documents aze generally sufficient to indicate and convey understanding of all terms and conditions for performing and fiunishing the Work. ARTICLE 5 -PRE-BID CONFERENCE ' 5.01 A Pre-Bid conference will be held at 12:15 p.m. local time on Thursday, ' November 29, 2012 at Fishers Island. Representatives of Owner and Engineer will be ' present to discuss the Project. Bidders are required to attend and pazticipate in the conference. Engineer will transmit to all prospective Bidders of record and attendees of the Pre-Bid Conference such Addenda as Engineer considers necessary in response to ' questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Bidders failing to attend this meeting will be disqualified from submitting a bid. ' EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00200 - 7 , ' ARTICLE 6 -SITE AND OTHER AREAS ' 6.01 The Site is identified in the Bidding Documents. There aze no known required easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 -INTERPRETATIONS AND ADDENDA ' 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all ' parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten calendaz days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other ' interpretations or clarifications will be without legal effect. 7.02 Addenda maybe issued to clarify, correct, or change the Bidding Documents as ' deemed advisable by Owner and Engineer. ARTICLE 8 -BID SECURITY 1 8.01 A Bid must be accompanied by Bid security made payable to Owner in an ' amount of five percent of Bidder's maximum Bid price and in the form of a certified check or bank money order or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. ' 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, famished the required contract security and met the ' other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the ' Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the awazd ' may be retained by Owner until the earlier of seven days after the Effective Date of the ' EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. t 00200 - 8 1 Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such , Bidders will be returned. 8.03 Bid security of other Bidders whom Owner believes do not have a reasonable ' chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 -CONTRACT TIMES ' 9.01 The times for Substantial Completion and readiness for final payment are to be ' set forth by Bidder in the Bid and will be entered into the Agreement (or incorporated therein by reference to the specific language of the Bid). Substantial Completion is required on or before Tuesday, April 19, 2013. Stipulations of wmpletion will be taken ' into consideration by Owner during the evaluation of Bids, and it will be necessary for the apparent Successful Bidder to satisfy Owner that it will be able to achieve Substantial Completion and be ready for final payment within the times designated in the Bid. ' ARTICLE 10 -LIQUIDATED DAMAGES t 10.01 Provisions for liquidated damages aze set forth in the Agreement ' ARTICLE 11 -SUBSTITUTE AND "OR-EQUAL" ITEMS ' 11.01 The Contract, if awazded, will be on the basis of materials and equipment specified ' or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a ' substitute or "or-equal" item of material or equipment may be famished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ' ARTICLE 12 -SUBCONTRACTORS, SUPPLIERS, AND , OTHERS 1 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date ' prior to the Effective Date of the Agreement, the appazent Successful Bidder, and any other EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts t Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00200 - 9 , Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the ' Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regazding similar projects and other ' evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, ' before the Notice of Awazd is given, request apparent Successful Bidder to submit a substitute, in which case appazent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by ' such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If appazent Successful Bidder declines to make any such substitution, Owner may ' awazd the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. ' Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Awazd will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after ' the Effective Date of the Ageement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subwntractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 -PREPARATION OF BID ' 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer prior to bid by U.S. Mail. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person ' signing the Bid Form. A Bid price shall be indicated for each line item, bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No id," "No Change," or "Mot Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or avice-president or other corporate officer accompanied by evidence of authority to sign. ' EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00200 -10 1 = The corporate seal shall be affixed and attested by the secretary or an assistant secretary. ' The corporate address and state of inwrporation shall be shown below the signature. ' 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of t authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a , member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. ' 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner ' indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. ' 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of ' which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regazding the Bid shall be ' shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do ' business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number, if any, shall also , be shown on the Bid Form. ARTICLE 14 -BASIS OF BID; COMPARISON OF BIDS , 14.01 Lump Sum ' A. Bidders shall submit a Base Bid on a lump sum basis, itemized, as set forth in the ' Bid Form. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead , and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ' EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts , Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00200 - 11 , 1 ' 14.03 Bid prices will be compared for differences designated by Bidders and stipulations which may have been included. A reviewing all of the bids, adjusting amount may be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 15 -SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form and attachments, and if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following data: ' A. A notarized bidder's qualification statement B. Equipment Schedule and subcontractor list ' C. List of project and financial references D. Bid Bond in the amount of 5% of the Bid E. Contract Surety Company is to be identified on the bid bond or by the attachement 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque ' sealed envelope plainly mazked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by ' mail or other delivery system, the sealed envelope wntaining the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED: ' A mailed Bid shall be addressed to the General Manager, Fishers Island Ferry District, ' Drawer H, Fishers Island, NY 06390. ' ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BID ' 16.01 A Bid maybe modified or withdrawn by an appropriate document duly executed in ' the manner that a Bid must be executed and delivered to the place where Bids aze to be submitted prior to the date and time for the opening of Bids. ' EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00200 -12 1 16.02 If within 24 hours after Bids are opened, any Bidder files a duly signed written ' notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of ' Owner that there was a material and substantial mistake in the prepazation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ' ARTICLE 17 -OPENING OF BIDS ' 17.01 Bids will be opened privately. An abstract of the Bids will be made available to ' Bidders after the opening of Bids. ARTICLE 18 -BIDS TO REMAIN SUBJECT TO , ACCEPTANCE ' 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid ' Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 -EVALUATION OF BIDS AND AWARD OF CONTRACT ' 19.01 Owner reserves the right to reject any or all Bids, including without limitation, t nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and , evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, ' or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same , or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work maybe cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. , 19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be ' requested in the Bid Form or prior to the Notice of Awazd. EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts , Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00200 -13 , 19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may ' consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entifies must be submitted as provided ' in the Supplementary Conditions. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, Owner will awazd the Contract to the Bidder ' whose Bid is in the best interests of the Project. ' ARTICLE 20 -CONTRACT SECURITY AND INSURANCE ' 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall ' be accompanied by such bonds. ARTICLE 21 -SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Awazd to the Successful Bidder, it shall be acwmpanied by the required number of unsigned counterparts of the Agreement with the ' other Contract Documents which aze identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days ' thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ' EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00200 - 14 1 ARTICLE 22 -SALES AND USE TAXES ' 22.01 Owner is exempt from New York State sales and use taxes on materials and , equipment to be incorporated in the Work. Exemption No. A163553. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7 of the Supplementary Conditions for additional information. ' ARTICLE 23 - RETAINAGE ' 23.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage ' are set forth in the Agreement. ARTICLE 24 -CONTRACTS TO BE ASSIGNED 1 24.01 Owner as "buyer" related to this project will not execute a contract for the procurement of goods ' and special services. 1 t EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts , Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00200 -15 , 1 FORM BID MAIN RAMP RECONSTRUCTION FISHERS ISLAND FERRY DISTRICT TABLE OF ARTICLES ' Article Article No. ' Bid Recipient 1 Bidder's Acknowledgements ...........................................................2 Bidder's Representations ...............................................................3 Further Representations 4 ' Basis of Bid 5 ' Time of Completion 6 Attachments to this Bid 7 r Defined Terms 8 ' Bid Submittal 9 r ~ - ' EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ooa~o-t ' ARTICLE 1-BID RECIPIENT 1.01 This Bid is submitted in person or by US Mail to: Fishers Island Ferry District c% Mr. Robert R. Brooks, II, Chairman P.O. Box H Fishers Island, New York 06390 ' FedEx or UPS to: Fishers Island Ferry District c% Mr. Robert R. Brooks, II, Chairman 5 Waterfront Park New London, CT 06320 631 788 7345 ARTICLE 2 -BIDDER'S ACKNOWLEDGEMENTS ' 2.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with ' the other terms and conditions of the Bidding Documents Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of ' time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 -BIDDER'S REPRESENTATIONS ' 3.01 In submitting this Bid, Bidder represents that-. A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. ' Addendum No. Addendum Date 1 B. Bidder has visited the Site and become familiaz with and is satisfied as to the general, local and Site ' conditions that may affect cos[, progress, and performance of the Work. C. Bidder is familiaz with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder acknowledges that this site is an abandoned fort and the project azea supported a pier which is now to be rebuilt. There aze no reports regazding utilities or subsurface conditions and no ' excavation is anticipated. The bidder is encouraged to drive test piles in the pier construction area if there is any doubt as to driving conditions. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all ' additional or supplementary ezatninations, investigations, ezploradons, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the ' means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety ' precautions and programs incident thereto. EJCDC C-410 Suggested Bid Form for Construction Contracts ' Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. ooato - t F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or , data aze necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. ' G. Bidder is awaze of the general nature of work to be performed by Owner and others a[ the Site [hat relates to [he Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from ' visits to the Site, reports and drawings identified in the Bidding Documenzs, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that ' Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. ' J. The Bidding Documents aze generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is ' located not later than the date of its execution of the Agreement. ARTICLE 4 - FURTHER REPRESENTATIONS ' 4.01 Bidder further represents that: A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity ' and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham ' Bid; C. Bidder has no[ solicited or induced any individual or entity to refrain from bidding; and ' D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner t ARTICLE 5 -BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): , 1. Mobilization/Demobilization ........................................................................LS 2. Demolition /Removals .................................................................................LS ' 3. Compliance with Environmental Permits & Site Security ...................................LS 4. Futnish and Install New Steel Sheetpile Bulkhead .............................................LS 5. Furnish and Install New Ramp Support Block and Bulkhead Anchor System.........LS ' 6. Furnish and Install New Counter Weight Support Towers rigged ........................LS 7. Furnish and Install New Steel Bumper Piles /Safety Bar ....................................LS 8. Furnish and Install New Hinged Vehicle Ramp ..................................................LS ' 9. Extend Drainage Pipe ....................................................................................LS This scope of work will compromise the base for the project. , ffiCDC C-410 Suggested Bid Form for Construction Contracts ' Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 - 2 ALTERNATE BID ITEMS Alt. Bid Item #1 -Replace one 55-foot Class A SYP Pressure Treated pile in the outer thirteen pile ' dolphin including bolted attachment and wrapping with new wire rope, complete and in place. Alt. Bid Item #2 -Pull and redrive wood pile Alt. Bid Item #3 -Use of Certified Dive Team per day Alt. Bid Item #4 -Galvanized Steel Ladder, complete and in place Alt. Bid Item #5 -PVC Electrical Conduit Alt. Bid Item #6 -Removal of Boulders, 1/2 CY or larger (1.1 tons or greater) on a per ton basis, estimated 10 tons Alt. Bid Item #7 -Undercut, estimated 5 CY Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and aze solely for the purpose of compazison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in ' the Contract Documents. ARTICLE 6 -TIME OF COMPLETION ' 6.01 Bidder agrees that [he Work will be substantially complete on or before April 15, 2013 and will be completed and ready for fmal payment in accordance with Paragraph 14.07.B of the General Conditions on or before April 30, 2013. ' 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. ARTICLE 7 -ATTACHMENTS TO THIS BH) ' 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a certified Bank Check or Bond in the amount of 5% of the Lump Sum Base Bid ' B. List of Proposed Subcontractors C. List of Proposed Suppliers D. List of Project References E. Required Bidder Qualification Statement with Supporting Data ' F. Affidavit of Non-Collusion ' G. Equipment Schedule H. Surety to be utilized for Payment and Performance Bond ' ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 1 FJCDC C-410 Suggested Bid Form for Constmction Contracts Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 - 3 1 ARTICLE 9 -BID SUBMITTAL 9.01 This Bid submitted by: , If Bidder is: An Individual ' Name (typed or printed): - , By: (SEAL) (Individual's signature) ' Doing business as: State of New York License Number A Partnership ' Partnership Name: (SEAL) ' State of New York License Number By: ' (Signature of general partner attach evidence of authority to sign) Name (typed or printed): ' A Corporation ' Corporation Name: (SEAL) State of Incorporation: ' Type (General Business, Professional, Service, Limited Liability): State of New York License Number ' By: ' (Signature attach evidence of authority to sign) Name (typed or printed): ' Title: (CORPORATE SEAL) Attest ' Date of Authorization to do business in [State Where Project is Located] is ' / / EJCDC C-410 Suggested Bid Form for Construction Conffacts Copyright ®2002 National Society of Professional Engineers for EiCDC. All rights reserved. 00410 - 4 A Joint Venture Name of Joint Venture: ' First Joint Venturer Name: (SEAL) State of New York License Number 1 By: (Signature of firstjoint venture partner attach evidence of authority to sign) Name (typed or printed): ' Title: t Second Joint Venturer Name: (SEAL) State of New York License Number 1 By: (Signature of second joint venture partner attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation ' that is a party to the joint venture should be in the manner indicated above.) ' Bidder's Business Address Fhone No. Fax No. SUBMITTED on , 20 State Contractor License No. . (If applicable) ETCDC C-410 Suggested Bid Form for Construction Contracts Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 - 5 ' PENAL SUM FORM ' BID BOND Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. ' BIDDER (Name and Address): ' SURETY (Name and Address of Principal Place of Business): ' OWNER: Fishers Island Ferry District c/o Mr. Robert R. Brooks, II, Chairman P.O. Box H Fishers Island, New York 06390 ' BID Bid Due Date: Project (Brief Description Including Location): ' Main Ramp Restoration Fishers Island Ferry Silver Eel Cove ' BOND Bond Number: Date (Not later than Bid due date): Penai sum (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. ' BIDDER SURETY (Seal (Seal) ' Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By. By: Signature and Title Signature and Title (Attach Power of Attorney) ' Attest: Attest: Signature and Title Signature and Title Note: Above addresses are to be used for giving required notice. E.ICDC NO. C-030 (2002 Edition) 004304 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind 7. Any suit or action under this Bond shall be commenced , themselves, their heir;, executors, administrators, only in a court of competent jurisdiction located in the state successors and assigns to pay to Owner upon default of in which the Project is located. ' Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Surety's liability. 8. Nofices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on 2. Default of Bidder shall occur upon the failure of Bidder the face of this Bond. Such notices may be sent by personal ' to deliver within the time required by the Bidding delivery, commercial courier, or by United States Documents (or any extension thereof agreed to in writing by Registered or Certified Mail, return receipt requested, Owner) the executed Agreement required by the Bidding postage pre-paid, and shall be deemed to be effective upon ' Documents and any performance and payment bonds receipt by the party concerned. required by the Bidding Documents. 9. Surety shall cause to be attached to this Bond a current 3. This obligation shall be null and void if and effective Power of Attorney evidencing the authority of ' 3.1. Owner accepts Bidder's Bid and Bidder delivers the officer, agent, or representative who executed this Bond within the time required by the Bidding on behalf of Surety to execute, seal, and deliver such Bond Documents (or any extension thereof agreed to th and bind the Surety thereby. writing by Owner) the executed Agreement ' requ'ved by the Bidding Documents and any 10. This Bond is intended to conform to all applicable performance and payment bonds requred by the statutory requirements. Any applicable requirement of any Bidding Documents, or applicable statute that has been omitted from this Bond shall ' 3.2. All Bids are rejected by Owner, or be deemed to be included herein as if set forth at length. If 3.3. Owner fails to issue a Notice of Awazd to Bidder any provision of this Bond conflicts with any applicable within the time specified in the Bidding statute, then the provision of said statute shall govern and Documents (or any extension thereof agreed to in the remainder of this Bond that is not in conflict therewith ' writing 6y Bidder and, if applicable, consented to shall continue in full force and effect. by Surety when required by Paragraph 5 hereof). 11. The term "Bid" as used herein includes a Bid, offer, or ' 4. Payment under this Bond will be due and payable upon proposal as applicable. default by Bidder and within 30 calendaz days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable ' promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Awazd agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Awazd including , extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond ' prior to 30 calendar days after the notice of default requred in Paragraph 4 above is received by Bidder and Surety and in no case later than one yeaz after Bid due date. , EJCDC NO. C-430 (20112 Edition) 00430-2 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 BID SCHEDULE 1 These prices are for work complete and in place, functionally ready to operate, or for resumption of ferry operations including all necessary labor, materials and equipment I and all associated costs as appropriate. 1.Mobilization/Demobilization- Lump Sum (in words) ' $ Dollars (in figures) 2.Demolition -Removals-Lump Sum (in words) ' $ Dollars (in figures) 3. Compliance with Environmental Permits & Site Security Complete and Recurring as Necessary Throughout the Project -Lump Sum (in words) ' $ Dollars (in figures) ' 4. Furnish and Install New Steel Sheetpile Bulkhead With Cap, Including Excavation, Back-Fill, and Concrete Fill at Edges, Complete and in Place -Lump Sum (In words) ' $ Dollars (in figures) ' 5. Furnish and Install the New Ramp Support Block and Bulkhead Anchor System Complete and In Place- Lump Sum (In words) ' $ Dollars (in figures) 6. Furnish and Install the New Counter Weight Support Towers rigged and Operational ' with Bumper Pile System and Safety Bar-Lump Sum (in words) $ Dollars (in figures) ' BF-1 1 FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION ' FISHERS ISLAND, NY NOVEMBER 2012 7. Furnish and Install New Hinged Vehicle Ramp -Lump Sum (In words) $ Dollars (in figures) 8. Electrical Conduit and Drainage Pipe Extension, complete and in place - Lump , Sum (In words) $ Dollars (in figures) ' Total Base Bid Price (in words) ' $ Dollars(in figures) Value of labor, including wages and all fringe benefits in the base bid scope of work ' (in words) ' $ Dollars(in figures) ALTERNATE BID ITEMS - 1. Replace One 55-foot Class A SYP Pressure Treated pile in the outer thirteen pile t dolphin including bolted attachment and wrapping with new wire rope, complete and inplace- (in words) $ Dollars (in figures) , 2. Pull and Redrive Wood Pile, Complete and In Place, Per Pile -Lump Sum (In , words) $ Dollars (in figures) 3. Use of Certified Dive Team on a Per Day Basis -Lump Sum- (in words) ' $ Dollars (in figures) BF-2 , ' FISHERS ISLAND FERRY DISTR{CT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 4. Galvanized Steel Ladder, compete and in place -Lump Sum (in words) ' $ Dollars (in figures) S. Install New PVC Electrical Conduit from Existing Conduit Up To and Through the Concrete Corner block, Complete and 1n P{ace- Lump Sum(in words) ' $ Dollars (in figures) 6. Removal of Boulders, 1/2 CY (3 foot nominal diameter) or larger (1.1 tons or greater per piece) on a per ton basis, estimated (10tons)-Extended Price - (in words) $ Dollars (in figures) 7. Undercut, removed stockpiled and disposed of, estimated 5 CY- Extended Price - (in words) ' $ Dollars (in figures) 1 ' BF-3 1 ' FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 STATMENT OF BIDDER'S QUALIFICATIONS ' All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The BIDDER may submit any additional information he desires. Failure to provide full and complete response to these criteria may be grounds for rejecting bids. 1. Name of Bidder: 2. Permanent main office address and mailing address: 3. When organized: 4. If a corporation, where incorporated: ' 5. How many years have you been engaged in the contracting business under your present firm or trade name? ' 6. General type of work performed by your company: 7. Background and experience of the principal members of your organization, including ' officers as well as project manager and resident superintendent to be used on this project. (See Attachments) ' 8. Contracts on hand: (show amount of each contract, number of employees committed and the appropriate anticipated dates of completion.) Bq1 9. List the major projects, similar to this project, completed by your company, within the , past five (5) years stating the location, approximate cost for each, and the month and ' years completed. 10. Have you ever failed to complete any work awarded to you? If so, state details (when, ' where, why, etc.) as attachments. 11. Have you ever defaulted on a contract? If so, state details (when, where, why, etc. ' 12. List major equipment you own which is available for this contract: (If other than listed on equipment schedule) 13. Give bank reference(s) as attachment. , 14. The undersigned hereby authorizes and requests any person, firm, or corporation to ' furnish any information requested by Fishers Island Ferry District in verification of the information comprising this Statement of Bidder Qualifications. Dated this day of , 2012. ' By: , (Name of Bidder) Title: , STATE OF ) ss.: ' COUNTY OF being duly sworn deposes and says that he is , of and that the answers to the (Name of Organization) foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me the day of , 2012. ' My commission expires: Notary Public , BQ2 FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 EQUIPMENT SCHEDULE AND SUBCONTRACTORS LIST ' The bidder must complete and submit this EQUIPMENT SCHEDULE in writing with this bid, listing the equipment which will be used on this project in order for the bid to be ' considered complete: TYPE CAPACITY Manufacturer and Model CRANE ' PILE DRIVING RQUIPMENT ' BARGES, PUSH BOATS 1 ' EXCAVATION EQUIPMENT ' SUB CONTRACTORS NAME, ADDRESS, PHONE SCOPE OF WORK FOR EACH NON COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal, the BIDDER certifies that: (a) This bid or proposal independently arrived at without collusion with any other BIDDER or with any competitor or ' potential competitor; (b) This bid or proposal has not been knowingly disclosed, and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other BIDDER, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, ' affirms the truth thereof, such penalties being applicable to the BIDDER as well as to the person signing in its behalf; (e) That attached hereto (if a Corporate bidder) is a certified copy of the ' resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the Corporate bidder. ' DATED Signature of Bidder ' Business Address of Bidder 1 1 P4 1 1 ' RAMP RESTORATION FOR THE ' FISHERS ISLAND FERRY DISTRICT ' NOVEMBER 2012 1 ' CONTRACT DOCUMENTS 1 1 1 1 1 1 1 1 1 1 ~ CONTRACT DOCUMENTS EJCDC SUGGESTED FORM OF AGREEMENT ' BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between (Owner) and (Contractor). ' Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE ] -WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ' Ramp Restoration ' ARTICLE 2 -THE PROJECT 2.01 The Project for which [he Work under [he Contract Documents maybe the whole or only a part is generally described ' as follows: Ramp Restoration ARTICLE 3 -ENGINEER 3.01 The Project has been designed by GNCB Consulting Engineers, P.C., 130 Elm Street, P.O. Box 802, Old Saybrook, CT 06475, who is to ac[ as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the ' Contract Documents. ARTICLE 4 -CONTRACT TIMES ' 4.01 Time of the Essence ' A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for fmal payment as stated in the Contract Documents aze of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment ' A. The Work will be substantially completed on or before April 16, 2013, and completed and ready for fmal payment in accordance with Pazagraph 14.07 of the General Conditions on or before April 30, 2013. ' 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer fmancia] loss if the Work is not completed within the times specified in Pazagraph 4.02 above, plus any extensions thereof allowed in ' accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but ' EJCDC C-520 Suggested Form o[ Agreement Between Owner and ContraMoc for Construction Contract (Stipulated Price) Copyright 82002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00520- 1 - not as a penalty), Contmctor shall pay Owner $1000.00 for each day that expires after the time specified in Pazagraph 4.02 for ' Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, t Contractor shall pay Owner $2000.00 for each day that expires after the time specified in Pazagraph 4.02 for completion and readiness for final payment until the Work is completed and ready for £mal payment. ARTICLE 5 -CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in , current funds equal to the sum of the amounts determined pursuant to Paragraphs S.O1.A, S.O1.B, and S.O1.C below: A. For all Work other than Unit Price Work, a Lump Sum o£ ' (words) (numerals) , All specific cash allowances aze included in the above price and have been computed in accordance with pazagraph 11.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the established unit price for each sepazately identified item of ' Unit Price Work times the estimated quantity of that item as indicated in this paragraph S.O1.B: As provided in Paragraph 11.03 of [he General Conditions, estimated quantities are not guaranteed, and determinations , of actual quantities and classifications aze to be made by Engineer as provided in Pazagraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. UNIT PRICE WORK Estimated Item Description Unit uanti Unit Price Estimated ' No. Alt 1 Dolphin Replacement Pile Each 1 Alt 2 Pull and Redrive Wood Pile Each 1 ' Alt 3 Use of Dive Team Day 1 Alt 4 Galvanized Steel Ladder Each 1 Al[ 6 Removal of Boulders (1/2 CY Ton ]0 ' Alt 7 Undercut CY 5 TOTAL OF ALL ESTIMATED PRICES $ (words) (numerals) , ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments ' A. Contractor shall submit Applications for Payment in accordance with Article 14 of the Geneml Conditions. , Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for ' Payment on or about the last day of each month during performance of the Work as provided in Pazagraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A , of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: FJCDC C-520 Suggested Form of Agreement Between Owner and Cautractor for Cous[ruction Contract (Stipulated Price) Copyright a 2002 National Society of Professional Engineers for EJCDC. All rights reserved. , ooszo- z - ' 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: ' a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the chazacter and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and ' 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall de[erntine in accordance with Paragraph 14.02.B.5 ' of the General Conditions and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Pazagraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 -INTEREST ' 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 6 percent per annum. ' ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contmctor makes [he following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. ' B. Contractor has visited the Site and become familiar with and is satisfied as to the geneml, local, and Site conditions that may affect cost, progress, and performance of the Work. ' C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has conducted (or assumes responsibility for doing so) examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of [he means, methods, techniques, sequences, and procedures of ' construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident [hereto. E. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are ' necessary for the perfomtance of the Work at the Contract Price, within [he Contract Times, and in accordance with the other terms and conditions of the Contract Documents. ' F. Contractor is awaze of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has correlated the information known to Contractor, information and observations obtained from visits to ' the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. ' EJCI)C C-520 Suggested Form of Agreement BMween Owuer and Contractor for Comtruction Contract (Stipulated Price) Copyright 8 2002 National Society of Professiomal Eugimeers far ETCI)C. All rights reserved. ' 00520- 3 - H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has ' discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and famishing of the Work. ARTICLE 9 -CON'T'RACT DOCUMENTS ' 9.01 Contents ' A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-6, inclusive). , 2. Perfmrance bond (pages 00610-0 to 00610-1, inclusive). ' 3. Payment bond (pages 00615-0 to 00615-1, inclusive). 4. General Conditions (pages 00700-1 to 00700-62, inclusive). , 5. Supplementary Conditions (pages SCl to SC3, inclusive) and NYS DOL Wage Rates and applicable Environmental Pemmits from USACOE, NYSDEC and Town of Southold. ' 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings consisting of sheets with each sheet bearing the following general title: [or] the Drawings ' listed on attached sheet index. 8. Addenda (numbers _ to ,inclusive). ' 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages to ,inclusive). ' b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive). c. ' 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: ' a. Notice to Proceed (pages to , inclusive). b. Work Change Directives. , a Change Order(s). , B. The documents listed in Pazagraph 9.O1.A aze attached to this Agreement (except as expressly noted otherwise above). C. There aze no Contract Documents other than those listed above in this Article 9. , D. The Contract Documents may only be amended, modified, or supplemented as provided in Pazagraph 3.04 of the General Conditions. ARTICLE 10 -MISCELLANEOUS EJCIK C-520 Snggcsted Farm o[ Agreement Between Owner and ConlraMOr for CanstruMion Contract (stipulated Price) Copyright 82002 National Society of Professional Engineers for EJCIIC. All rights reserved. ' 00520- 4 - 1 10.01 Terms 1 A. Tears used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract ' A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become 1 due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or dischazge the assignor from any duty or responsibility under the Contract Documents. 1 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party 1 hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability 1 A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree 1 that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions i IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and 1 Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). 1 OWNER: CONTRACTOR: 1 By' Sy: ' Title: Title: [CORPORATE SEAL] [CORPORATE SEAL] 1 Attest: Attest: Title: Title: 1 Address for giving notices: Address for giving notices: 1 1 - License No.: 1 EdCI>C C-520 Suggested Form of Agreement Between Owner and Contractor far Coastn~ction Contract (Stipulated Price) Copyright 8 2002 National Society of Professional Engineers far EJCDC. All rights reserved. 00520- 5 - i (If Owner is a co1pomdon, attach evidence of authority [o sign. If Owner (Where applicable) , is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution ofOwner-Conductor Agreement.) ' Agent for service or process: (If Contractor is a corporation or a partnership, attach evidence , of authority to sign.) 1 1 1 EJCDC C-520 Suggested Form of Agreement Between Owner and Conlr~tw for Construction Contract (Stipulated Prke) ' Copyright 82002 Natioml Society of Frofessiooal Engineers for EJCDC. All rights reserved. 00524- 6 - PAYMENT BOND ' Any singular reference to Contractor, Swety, Owner, or other party shall be considered plural where applicable. ' CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): ' OWNER (Name and Address): Fishers Island Ferry District do Mr. Robert R Brooks, II, Chairman P.O. Box H ' Fishers /sland, N¢w York 06390 CONTRACT ' Dale: Amount: Description (Name and Location): Main Ramp Restoration, Fishers Island Ferry District, Silver Eel Cove, Fishers Tsland ' BOND Bond Nttmber: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signatwe: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal 1 By. Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional ' parties, if required.) Attest; Signature and Title ' CONTRACTOR AS PRINCIPAL SURETY Company: ' Signature: (Sea]) (Seal) Name and Title: Surety's Name and Corporate Seal i By Signature and Title (Attach Power of Attomey} ' Attest: Signature and Title: ' EJCDC No. CfitS (2002 Edition) Originally prepared through the join[ efforts or the Surety Association or America, Engineers Join[ Coutract Document Committee, the Associated Gcnenl Con[racta's of America, fhe American fnstitnte of Architects, the American Subcontractors Associaton, and the Associated Specialty Contractors. 00615-0 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 8. Amounts owed by Owner to Contractor under the Contract shall be used for' executors, administrators, successors, and assigns to (Tuner m pay for labor, the performance of the Confiner and to satisfy claims, if any, umkr any materials, and equipment famished by Claimants for use in the performance of performance bond. By Contractor fumisldng and Owner accepting this Bond, the Contract, which is incorporated herein by reference. they agree that all funds earned by Contractor in the perforrrrance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, ' 2. With respect to Owner, this obligation shall be nWl and void if Contractor: subject to Owner's priority m use the funds for the completion of the Work. 2.1. Promptly makes payment, directly oc indirectly, for all sums due Claimants, and ~ 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated th the Contract. Owner shall nor be liable for 2.2. Defends, indemnifies, and holds hornless Owner from all claims, payment of any costs or expenses of any Claimant under this Bond, and shall , demands, liens, m suits alleging non-payment by Contractor by any have under this Bond no obligations m make payments to, give notices on behalf person or entity who famished labor, materials, or equipment for use m o~ or otherwise have obligations [o Claimants under this Bond. the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of 10. Surety hereby waives notice of any change, including changes of time, to the , any claims, demands, liens, or suits and tendered defense of such Contract or to related Subcontracts, purchase orders and other obligaions. claims, demands, liens, or suits [o Contractor and Surety, and provided there is no Owner Default 11. No suit or action shall be commenced by a Claimant under this Bond other than th a cant of competent jssrisdicfion in the location in which the Work or 3. With respect [o Claimants, this obligation shall be null and void if Contractor part of [he Work is located or after the expiration of one year from the date (1) , promptly makes payment, directly or indrectly, for all sums due. on which [he Claimant gave the notice required by Paragraph 4.l or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the 4. Surety shall have rw obligation to Claimants under this Bond raft(: last materials or equipment were furnished by anyone wder the COllatmWion Contract, whichever of (1) or (2) firs[ occurs. If the provisions of this paragraph , 4.1. Claimants who are employed by or have a direct contract with are void or prohibited by law, the minimum period of limitation available to Contractor have given notice m Surety (az the addresses described in _ sureties as a defense in Ore jurisdiction of the suit shall be applicable. Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made order this Bond and, with substantial accuracy, 12. Notice to Surety, Owner, or Contractor shall be mai{ed or delivered to the ' the amount of the claim. addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as 4.2. Claimants who do not have a direct contract with Contractor: of the daze received at the address shown on [he signaNre page. L Have famished written notice to Contractor and sera a copy, or 13. When this Bond has been furnished m comply with a staMOry requirement ' notice [hereof, m Owner, within 90 days after having last performed in the location where the Contract was [o be performed, any provision in this labor or last famished materials or equipment included m the claim Bond conflicting with said statutory requirement shall be dcemed deleted stating, with substamiaz accuracy, the amount of the claim and the herefrom and provisions conforming [o such Statutory requirement shall be name of the party to whom the materials or equipment were deemed incorporated herein The intent is that this Bond shall be construed as a ' famished or supplied, or for whom the labor was done or stam[ory Bond and no[ as a common law bond. performed; and 14. Upon request of any person or entity appearing [o be a potential beneficiary 2. Have either received a rejection in whole or in part from Contractor, of this Bond, Contmcmr shat) promptly famish a copy of this Bond or shall or not received within 30 days of fiunishing the above notice any permit a copy m be made. ' communicazion from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and L 5. DEFINITIONS 3. Not having been paid within the above 30 days, have sent a written 15.1. Claimant: An individual or entity having a direct contract with notice m Surety and sent a copy, or notice thereof, to Owner, stating Contractor, or with afirst-tier subcon[racror of Contractor, [o famish that a claim is being made under this Bond and encbsing a copy of labor, materials, or equipmem[ for use in the performance of the fire previous written notice famished to Contractor. Contract. The intent of this Bond shall be to include without limitation in the temrs "labor, materials or equipment" that part of wazer, gas, 5. If a notce by a Claimant required by Paragraph 4 is provided by Owner to power, light, heat, oil, gasoline, telephone service, or renml equipment t Contractor or to Surety, that is sufficient compliance. used m the Contract, architecmrtal and engirreering services required for performance of the Work of Contractor and Contractor's 6. When a Claimant has satisfied the conditions of Paragraph 4, the Smety shall Subcontractors, and all other items for which a mechanic's lien may be promptly and az Surety's expense take the following actions: asserted m the jurisdiction where the labor, maeras, or equipment , were furnished. 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amormns that are undispmed and 1i.2. Contract The agcemen[ between Owner and Contractor identified on the basis for challenging any amounts that are disputed. the signathre page, including all Contract Documents and changes thereto. ' 6.2. Pay or arrange for payment of any mdisputed amounts. 15.3. Owner Defank: Failure of Owner, which has neither been remedied nor 7. Surety's total obligation shall no[ exceed the amount of this Bond, and [he waived, to pay Contractor as required by the Con[mct or to perform and amount of this Band shall be credited for any payments made in good faith by complete or comply with the other [errns thereof ' Surety. FOR INFORMATWN ONLY- Namq Address and Telephone t Surety Agemcy or Broker, Owner's Representafive: Docko, Inc., PO Box 421, Mystic, CT 06355 00615-1 PERFORMANCE BOND ' Any singular reference to Contractor, Surely, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): ' OWNER (Name and Address): Fishers Island Ferry District c/o Mr. RoBert R. Brooks, /I, Chairman P.O. Box H Fishers Island, New York 06390 CONTRACT Date: Amount: Description (Name and Location): Main Ramp Restoration, Fishers Island Ferry District, Silver Eel Cove, Fishers [stand ' BOND Bond Ntunber: Date (Not eazlier than Contract Date): ' Amotmt: Modifications to this Bond Form: Swety and Contractor, intending to be legally bound hereby, subject to the terms printed on [he reverse side hereof, do each cause ' this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY ' Company: Signatwe: (Seal) (Seal) Name and Title: Swety's Name and Corporate Seal BY~ Signatwe and Title ' (Attach Power of Attorney) (Space is provided below for signatwes of additional parties, if required.) Attest: ' Signatwe and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signatwe: (Seal) (Seal) Name and Title: Swety's Name and Corporate Seal 1 By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: i EJCDC No. C610 (2002 Edition) Origina0y prepared through [he join[ efforts of [he Surety Associa0an of America, Engineers Join[ Contract Documents Committee, the Associated General Contractors of America, and [he American Institute of Architects. ' 00610.0 I. Contracmr and Surety, jointly and severally, bind themselves, their heirs, 6. After Owner has terminated Contracmr's right m complete the Contract, and if execumrs, administramrs, successors, and assigns m Owner for the performance of Surety elects m act order Paragraph 4.1, 4.2, or 4.3 above, then tbe responsibilities the Contract, which is incorporated herein by reference. of Surety m Owner shall not be greater flan Arose of Contracmr under the Contract, , and the responsibilities of Owner m Surety shall not be greater tban those of Owner 2. If Contracmr performs the Contract, Surety aM Contracmr have no obligation under fie Contract To a limit of the amount of this Hood, but subject m miler this Hond, except m patticipate in conferences as provided in Paragraph 3.1. commitment by Owner of the Balance of the Contract Price m mitigation of costs and damages on the Contract, Surety is obligated without duplication for. ' 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of Contracmr for wrrecdon of defective Work aM completion of dre Convacq 3.1. Owner has notified Contracmr and Surety, at the addresses described in , Paragraph 10 below, flat Owner is considering declaring a Contracmr 6.2. Additiond legal, design professional, aM delay costs resulting from Default aM has requested and attempted m arrange a wnference with Con[racmr's Defauh, and resulting from the actions or fallure m act of Contracmr and Surety m be held not later than l5 days after receipt of Surety under Paragraph 4; and such notice m discuss methods of performing the Contract If Owner, Contracmr and Surety agree, Contracmr shall be allowed a reasonable 6.3. Liquidated damages, or if no liquidated damages are specified in the ' time m perform the Contract, but such an agreement shall not waive Contract, actual damages caused by delayed performance or wn- Ownei Bright, if any, subsequently to declare a Contracmr Default; and performance of Contracmr. 3.2. Owner has declared a Contracmr Default and formally terminated 7. Surety shall not be liable m Owner or others for obligations of Contracmr that , Contracmr's right m complete the Contract. Such Contracmr Default are unrelated m the Convact, and the Balarrce of the Contract Price shall no[ be shall not be declared earlier than 20 days after Conracmr and Surety reduced or set off on account of any such unrelated obligations. No right of action ' have received notice as provided in Paragraph 3.1; aM shall aceme on this Bond m any person or entity other titan Owner or its heirs, execumrs, administramrs, or successors. 3.3. Owner has agreed m pay the Balance of the Contract Price m: 8. Surety hereby waives ratite of any change, including changes of time, m 1. Surety in accordance with the arms of the Contact; Contract or m related subcontracts, purchase orders, and other obligations. 2. Another Contracmr selected pursuant m Paragraph 4.3 m perform the 9. Any proceeding, legal or equitable, under this Bond may be instimred in any Contract. tour of competent jurisdiction in Ne location m which the Work or par of the Work ' is located aril shall be instituted within two years after Contracmr Default or within 4. When Owner has satisfied the conditions of Paragmph 3, Surety shall promptly two years after Contracmr ceased working or within two years after Surety refuses and at Surety's expense take one of the following actions: or fails m perform its obligations under this Bond, whichever occurs first If the provisions of this paragraph are void or prohibimd by law, the ntinimum period of , 4.1. Arrange for Contractor, widr consent of Owneq m perform aril limitation available to sureties as a defense in the jurisdiction of the suit shall be complete the Contracq or applicable. 4.2. Undertake m perform and wnrplem the Convact itself, through its agents ]0. Notice m Surety, Owner, or Contracmr shall be mailed or delivered m the or through indeperdent contracmrs; or address shown on the signature page. ' 4.3. Obtain bids or negotiated proposals from qudified wntracmrs acceptable 11. When this Bond has been furnished m rnmply with a statuary requirement in m Owner for a contract for performance and completion of the Contract, the location where the Contract was m be performed, any provision in this Bond arrange for a contract to be prepared for execution by Owner and wnflicting with said statuary requiremem scull be deemed deleted berefrom and ' Contracmr selected with Owner's concurrence, m be secured with provisions conforming m such statuary requirement shall be deemed incorporated performance and payment bonds executed by a qualified surety herein. The intent is that this Bond shall be construed as a statutory bond and not as equivalent m the bonds issued on the Contract, and pay m Owner the a common law bond. amount of damages as described in Paragraph 6 N excess of the Halarrce of the Contract Price insured by Owner resulting from Contracmr 12. Defmitions. Default; or 12.1 Balance of the Contract Price: The mtaI amamt payable by Owner m 4.4. Waive its right m perform and complete, arrange for completion, or Contracmr under the Contract after all proper adjustments have been obtain a new Contracmr aM with reasonable promptness under the made, including allowance m Contractor of any amooots received or to circumstances: be received by Owner in seWement of insurance or other Claims for damages m which Contracmr is entitled, reduced by all valid and proper 1. After investigation, determine the amount for which it may be liable payments made m or on behalf of Contracmr under the Contract. m Owner and, as soon as prncticable after the amount is determined, tender payment therefor m Owner; or 12.2. Contract The agreement between Owner and Contracmr identified on , the sigmamre page, hrcluding all Contract Documents and changes 2. Deny liability in whole or in par and notify Owner citing reasons [herem. therefor. 12.3. Contracmr DefaulC Failure of Contractoq which has neither been ' 5. If Surety does not proceed as provided in Paragraph 4 with reasonable remedied trot waived, m perform or otherwise m comply with the terms promptness, Surety shall be deemed to be ta default on this Bond 15 days after of the Conuact. receipt of an additional wrimen notice from Owner m Surety demanding that Surety perform its obligations under this Bond, and Owcer shall be entitled m enforce any 12.4. Owner Default Failure of Owner, which has neidrer been remedied nor remedy avaiable m Owner. [f Surety prmcceds as provided in Paragraph 4.4, and waived, m pay Contractor as requtred by the Contract or m perform and , Owner refuses the payment mrdered or Surety has denied liability, in whole or in complete or comply with the other terms thereof. part, witlwu[ further notice Owner shill be entitled m enforce any remedy available m Owner. FOR INFORMATION ONLY -Name, Address and Telephone ' Surety Agency or Broker Owner's Representative: Docko, Inc. PO Box 421, Mystic, CT 06355 oo6lo-I ' RAMP RESTORATION FOR THE ' FISHERS ISLAND FERRY DISTRICT FISHERS ISLAND ~ NOVEMBER 2012 ' EJCDC GENERAL CONDITIONS 1 ' This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particulaz circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS ' OF THE CONSTRUCTION CONTRACT ' Prtpazed by ENGINEERS JOINT CONTRACT DOCUMENTS COMNIITTEE ' and ' Issued and Published Jointly by A ~ p~ Auer. W(Mx~oFEwimranxfblm,~ne~ ~Titii n2 s~1~~IY/n American Society National SocFety of ' of Civi! ErnJinaers ' Professional En$tneers PMesvlada! EapNreersM Private Practice ' AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ' Endorsed by ' CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Stmdard General Condrtons of the Construction Contract Cogytight®2007 NatiowalSaciety of Professional Engneers for EJCDC. All rights reserved. 1 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between , Owner and Contractor (EJCDC C-520 or C-525, 2007 Ediflons). Theca provisions aze interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in ' the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright ©2007 National Society of Professional Engineers ' 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 1 www.nsee.org American Council of Engineering Companies ' 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acec.ore ' American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asce.ore Associated General Contractors of America 2300 Wilson Boulevazd, Suite 400, Arlington, VA 22201-3308 (703)548-3118 ' www.aec.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. E]CDC C-700 ShadaM Ceoeral Coeditlons of dre Coostrucdon Contract Copyright®2007 Natbnal Sockry ofProfesabasl Engioeesa for EJCDC. AL rightr reserved. , ' STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS ' Page ' Article 1-Defuutions and Terminology l 1.01 Defined Terms l 1.02 Terminology ..................................................................................................................................5 ' Article 2 -Preliminary Matters 6 2.01 Delivery of Bonds and Evidence of Insurance .............................................................................6 ' 2.02 Copies of Documents ....................................................................................................................6 2.03 Commencement of Contract Times; Notice to Proceed 6 2.04 Starting the Work ..........................................................................................................................7 ' 2.05 Before Starting Construction ........................................................................................................7 2.06 Preconstruction Conference; Designation of Authorized Representafives .................................7 2.07 Initial Acceptance of Schedules 7 ' Article 3 -Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards ......................................................................................................................8 ' 3.03 Reporting and Resolving Discrepancies .......................................................................................8 3.04 Amending and Supplementing Contract Documents 9 3.05 Reuse of Documents ...................................................................................................................10 ' 3.06 Electronic Data ............................................................................................................................10 Article 4 -Availability of Lands; Subsurface and Physical Conditions; Hazazdous Environmental ' Conditions; Reference Points ...........................................................................................................10 4.01 Availability of Lands ..................................................................................................................10 4.02 Subsurface and Physical Conditions ..........................................................................................11 4.03 Differing Subsurface or Physical Conditions l l 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 ' 4.06 Hazardous Environmental Condition at Site ..............................................................................14 Article 5 -Bonds and Insurance .....................................................................................................................16 ' 5.01 Performance, Payment, and Other Bonds ..................................................................................16 5.02 Licensed Sureties and Insurers ...................................................................................................16 5.03 Certificates of Insurance .............................................................................................................16 5.04 Contractor's Insurance ................................................................................................................17 ' 5.05 Owner's Liability Insurance .......................................................................................................18 5.06 Property Insurance ......................................................................................................................18 5.07 Waiver of Rights 20 5.08 Receipt and Application of Insurance Proceeds 21 EJCDC C-700 Standard General Conditlans of the Con ruction Contract ' Copyright ®2007 National Society of Prokssiooal Engineers for E.ICDC. All rights reserved. Pages 1 5.09 Acceptance of Bonds and Insurance; Option to Replace ...........................................................21 ' 5.10 Partial Utilization, Acknowledgment of Property Insurer .........................................................21 Article 6 -Contractor's Responsibilities ........................................................................................................22 ' 6.01 Supervision and Superintendence ...............................................................................................22 6.02 Labor; Working Hours ................................................................................................................22 6.03 Services, Materials, and Equipment ...........................................................................................22 , 6.04 Progress Schedule .......................................................................................................................23 6.05 Substitutes and "Or-Equals" .......................................................................................................23 ' 6.06 Concerning Subcontractors, Suppliers, and Others ....................................................................25 6.07 Patent Fees and Royalties ...........................................................................................................27 6.08 Pemuts .........................................................................................................................................27 , 6.09 Laws and Regulations .................................................................................................................27 6.10 Taxes ...........................................................................................................................................28 6.11 Use of Site and Other Areas 28 ' 6.12 Record Documents ......................................................................................................................29 6.13 Safety and Protection ..................................................................................................................29 6.14 Safety Representative ..................................................................................................................30 6.15 Hazazd Communication Programs 30 , 6.16 Emergencies 6.17 Shop Drawings and Samples ......................................................................................................30 6.18 Continuing the Work ...................................................................................................................32 ' 6.19 Contractor's General Warranty and Guarantee ..........................................................................32 6.20 Indemnification 33 6.21 Delegation of Professional Design Services ..............................................................................34 ' Article 7 -Other Work at the Site ...................................................................................................................35 7.01 Related Work at Site ...................................................................................................................35 ' 7.02 Coordination ................................................................................................................................35 7.03 Legal Relationships .....................................................................................................................36 Article 8 -Owner's Responsibilities 36 1 8.01 Communications to Contractor ...................................................................................................36 8.02 Replacement of Engineer ............................................................................................................36 , 8.03 Furnish Data ................................................................................................................................36 8.04 Pay When Due ............................................................................................................................36 8.05 Lands and Easements; Reports and Tests ...................................................................................36 ' 8.06 Insurance 36 8.07 Change Orders .............................................................................................................................36 8.08 Inspections, Tests, and Approvals ..............................................................................................37 , 8.09 Limitations on Owner's Responsibilities 37 8.10 Undisclosed Hazazdous Environmental Condition ....................................................................37 8.11 Evidence of Financial Arrangements .........................................................................................37 8.12 Compliance with Safety Program ...............................................................................................37 ' Article 9 -Engineer's Status During Constnrction ........................................................................................37 9.01 Owner's Representative ..............................................................................................................37 ' 9.02 Visits to Site ................................................................................................................................37 EJCDC C-700 Shadard General Coadidons o(the Coastrucdoo Contract - Copyright ®7A07 Natlonal Society orProfesdonal Engineers ror EJCIIC. All rights reserved. , Page h ' 9.03 Project Representative ................................................................................................................38 9.04 Authorized Variations in Work ..................................................................................................38 ' 9.05 Rejecting Defective Work ..........................................................................................................38 9.06 Shop Drawings, Change Orders and Payments 38 9.07 Detennirlations for Unit Price Work ..........................................................................................39 ' 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .....................39 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................39 9.10 Compliance with Safety Program ...............................................................................................40 ' Article 10 -Changes in the Work; Claims .....................................................................................................40 10.01 Authorized Changes in the Work ...............................................................................................40 10.02 Unauthorized Changes in the Work ...........................................................................................40 ' 10.03 Execution of Change Orders .......................................................................................................41 10.04 Notification to Surery ..................................................................................................................41 10.05 Claims ..........................................................................................................................................41 Article 11 -Cost of the Work; Allowances; Unit Price Work .......................................................................42 11.01 Cost of the Work .........................................................................................................................42 ' 11.02 Allowances ..................................................................................................................................45 11.03 Unit Price Work ..........................................................................................................................45 ' Article 12 -Change of Contract Price; Change of Contract Times ...............................................................46 12.01 Change of Contract Price ............................................................................................................46 12.02 Change of Contract Times ..........................................................................................................47 12.03 Delays ..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work ...........................................................................................................................48 13.03 Tests andInspections ..................................................................................................................48 13.04 Uncovering Work ........................................................................................................................49 13.05 Owner May Stop the Work .........................................................................................................50 13.06 Correction or Removal of Defective Work 50 13.07 Correction Period ........................................................................................................................50 13.08 Acceptance of Defective Work ...................................................................................................51 13.09 Owner May Correct Defective Work 51 Article 14 -Payments to Contractor and Completion 52 14.01 Schedule of Values ......................................................................................................................52 14.02 Progress Payments ......................................................................................................................52 ' 14.03 Contractor's Warranty of Title ...................................................................................................55 14.04 Substantial Completion ...............................................................................................................55 14.05 Partial Utilization ........................................................................................................................56 ' 14.06 Final Inspection ...........................................................................................................................56 14.07 Final Payment 57 14.08 Final Completion Delayed ..........................................................................................................58 14.09 Waiver of Claims ........................................................................................................................58 EJCDC C-700 Standard Ceaersl Cooditloos of the Coostrucdon Contract Copyright ®2007 National Society of professlooal Engineers for EJCDC. All rights reserved. Page Article 15 - Suspension of Work and Termuiation 58 , 15.01 Owner May Suspend Work 58 15.02 Owner May Terminate for Cause ...............................................................................................58 ' 15.03 Owner May Terminate For Convenience 60 15.04 Contractor May Stop Work or Terminate ..................................................................................60 Article 16 -Dispute Resolution ......................................................................................................................61 ' 16.01 Methods and Procedures .............................................................................................................61 Article 17 -Miscellaneous 61 ' 17.01 Giving Notice ..............................................................................................................................61 17.02 Computation of Times ................................................................................................................61 ' 17.03 Cumulative Remedies .................................................................................................................62 17.04 Survival of Obligations ...............................................................................................................62 17.05 Controlling Law ..........................................................................................................................62 17.06 Headings ......................................................................................................................................62 ' 1 1 EJCbC C-700 StandarU General Condltlons of fheConsWC0on Contact Copyright ®2007 National Society o(Pa0:aafoaai E~neers for EJCDC. All rights reserved. Page h• ' ' ARTICLE 1-DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial ' capital letters, the terms listed below will have the meanings indicated which aze applicable to both the singulaz and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and pazagraphs, and the titles of other documents or forms. 1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. ' 2. Agreement-The written instnunent which is evidence of the agreement between Owner and Contractor covering the Work. ' 3. Application for Payment The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos-Any material that contains more than one percent asbestos and is fiiable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Admuristration. ' S. Bid-The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder-The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents-The Bidding Requirements and the proposed Contract Documents ' (including all Addenda). 8. Bidding Requirements-The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order-A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the i Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim-A demand or assertion by Owner or Contactor seeking an adjustment of Contract ' Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. t 11. Contract-The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representafions, or agreements, whether written or oral. EJCDC C-700 Stmdard General Condhions of the Constructlon Contract Copyright ®2007 Natlonal Society of Professbnal Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents-Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and ' physical conditions aze not Conttact Documents. 13. Contract Price-The moneys payable by Owner to Contractor for completion of the Work in , accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times-The number of days or the dates stated in the Agreement to: (i) achieve ' Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for fmal payment as evidenced by Engineer's written recommendation of final ' payment. 15. Contractor-The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work-See Paragraph 11.01 for definition. 17. Drawings-That part of the Contract Documents prepazed or approved by Engineer which ' graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals aze not Drawings as so defined. 18. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes , effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. , 19. Engineer-The individual or entity named as such in the Agreement. 20. Field Order-A written order issued by Engineer which requires minor changes in the Work ' but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements-Sections of Division 1 of the Specifications. ' 22. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances ' that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste-The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations-Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and ' courts having jurisdiction. 25. Liens~hazges, security interests, or encumbrances upon Project fends, real property, or personal property. 26. Milestone-A principal event specified in the Contract Documents relating to an intermediate ' completion date or time prior to Substantial Completion of all the Work. - EJCDC C-700 Standard Ceaeral Condidoas otthe Coastruc0oa Contract Copyright®2007 Natloaal Society o(Professioasl Eagiacers for EJCDC. All rights reserved. Page 2 of 62 ' 27. Notice of Award-The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, ' Owner will sign and deliver the Agreement. 28. Notice to Proceed-A written notice given by Owner to Contractor fixing the date on which ' the Contt~act Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner-The individual or entity with whom Contractor has entered into the Agreement and ' for whom the Work is to be performed. 30. PCBs-Polychlorinated biphenyls. ' 31. Petroleum-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds pet square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. ' 32. Progress Schedule-A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contact Times. 33. Project-The total constmction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual-The bound documentary informafion prepared for bidding and constmcting the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. ' 35. Radioactive Material-Source, special nucleaz, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. ' 36. Resident Project Representative-The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standazds by which such portion of the Work will be judged. ' 38. Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related ' construction activities. 39. Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions 1 of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. FJCDC C-700 Standard General Conditions or the Coastroctfon Cantru[ ' Copyright ®2007 Natloaal Society arProressloaal Engiaeeta for EJCDC. All rights reserved. Page 3 or 62 40. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or ' information which are specifically prepazed or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. ' 41. Site-Lands or areas indicated in the Contract Documents as being fammmished by Owner upon which the Work is to be performed, including rights-of--way and easements for access ' thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications-That part of the Contract Documents consisting of written requirements for ' materials, equipment, systems, standazds and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. ' 43. Subcontractor-An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion-The time at which the Work (or a specified part thereof) has , progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. , 45. Successful Bidder-The Bidder submitting a responsive Bid to whom Owner makes an award. , 46. Supplementary Conditions-That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct conttact with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. , 48. Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements ' containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. ' 49. Unit Price Work-Work to be paid for on the basis of unit prices. 50. Work-The entire construction or the various separately identifiable parts thereof required to ' be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such wnstrction, and famishing, installing, and incorporating all materials and equipment into such construction, ' all as required by the Contract Documents. 51. Work Change Directive-A written statement to Contractor issued on or after the Effective ' Date of the Agreement and signed by Owner and recommended by Engineer ordering an - EJCDC C-700 Shadard General Condrtlons otthe Construction Contract Copyright ®2007 Nstloael Society of Protessbnal Engneers for EJCDC. All rights reserved. ' Page 4 or 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Drrective will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive wIll be incorporated in a subsequently issued Change Order ' following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. ' 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F aze not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent ofCertain Terms or Adjectives: I 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," ' "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is ' not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the perfornrance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the ' Contract Documents. C. Day: ' 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. ' D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is ' unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or ' b. does not meet the requirements of any applicable inspection, reference standazd, test, or approval referred to in the Contract Documents; or ' c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Pazagraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: E.iCDC C-700 Standard General Conditions of the Cooslructioa Contract Copyright ®2007 Natloaal Society of Proreeatooal Engineers far EJCDC. All rights reserved. Page 5 or 62 1. The word "fiuvish," when used in connection with services, materials, or equipment, shall ' mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. ' 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete ' and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or , equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "fiunish," "install," "perform," or "provide" is not used in connection with services, ' materials, or equipment in a context cleazly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have awell-known technical or construction industry or trade meaning aze used in the Contract Documents in accordance with such recognized meaning. ' ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence ofinsurance , A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall ' also deliver to Owner such bonds as Contractor may be required to fiunish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary ' Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. , 2.02 Copies of Documents A. Owner shall fiunish to Contractor up to ten printed or hazd copies of the Drawings and Project , Manual. Additional copies will be fiunished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed ' A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A , Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever ' date is earlier. 1 EJCDC G700 Standard General Canditlons of the Coostructlon Contract Copyright ®2007 Natlonal Society of Professional Engineers for EJCDC. All rightl reserved. , Page 6 of 62 ' 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the COntrdCt Times commence to run. ' 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless ' otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and ' 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during perfom~arrce of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation ofAuthorized Representatives ' A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as ' to the Work and to discuss the schedules referred to in Paragraph 2.OS.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. ' B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the ' Contract. Such individuals shall have the authority to transmit instmctions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.OS.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable ' schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard Geceral Conditions of the Cnnstrnetian Contract ' Copyright ®2007 National Society of Proressional Engineers for E.rCIIC. All righb reserved. Page 7 or 62 1 the Work, nor interfere with or relieve Contrctor from Contractor's full responsibility , therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable ' arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it , provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ' 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required ' by all. B. It is the intent of the Contmct Documents to describe a functionally complete project (or part ' thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred firm the 1 Contract Documents or firm prevailing custom or bade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as , provided in Article 9. 3.02 Reference Standards , A. Standards, Specifications, Codes, Laws, and Regulations ' 1. Reference to standards, specificaflons, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or ' by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. , 2. No provision of any such standazd, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set , forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subconhactors, any duty or authority to supervise or direct the ' perfomumce of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies ' A. Reporting Discrepancies: ' EJCDC C-700 Shndud General Conditions or Me Coosfrucdon ContsaM Copyright ®2007 Natlooal saKh of Prefessbnal Engioeen for EJCDC. All righb reserved. ' Pag 8 0( 62 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall cazefufly study and compaze the Contract Documents and ' check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. ' 2. Contractor's Review ojContract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ' ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. ' B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of ' the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or ' b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). ' 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: ' 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or EJCDC C-700 Standard General Cooditloos of the Construcdoa Contract Copyright ®2007IYatbaal Society of Professional Engineers for EJCllC. All rights reserved. Page 9 of 62 3. Engineer's written interpretation or clarification. ' 3.05 Reuse of Documents ' A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or ' other documents (or copies of any thereof) prepazed by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. ' B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract , Documents for record purposes. 3.06 Electronic Data , A. Unless otherwise stated in the Supplementary Conditions, the data filmished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon aze limited to the printed copies (also known as hazd copies). Files in electronic media format of text, , data, graphics, or other types aze famished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies ' govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or ' otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day ' acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no , representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ' ARTICLE 4 - AVAII.ABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; AA7ARnOUS ENVIItONMENTAL CONDITIONS; REFERENCE POINTS ' 4.01 Availability of Lands A. Owner shall famish the Site. Owner shall notify Contractor of any encumbrances or restrictions ' not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are ' unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the EJCIK C-700 S[aadard General Conddioas orihe Coos[rucdon Coohut - Copyrfgirt ®2007 National Society orProkssbnal Engineers ror EJCDC. All sights reserved. Page 10 of 62 ' Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. ' B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for ' temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: ' 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and ' 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings aze not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or ' make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: ' 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident ' thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or ' indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. ' 4.03 Deering Subsurface or Physical Conditions ' A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either. ' 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or EJCDC C-7011 Stmdard General Conditlons of We Constructlou CAntlaM ' Copyright B 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Psge 11 or 62 3. differs materially from that shown or indicated in the Contract Documents; or ' 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and ' generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after bewming aware thereof and before further disturbing the ' subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such ' condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer ' will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's fmdings and conclusions. ' C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent ' that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, perfomrance of the Work; subject, , however, to the following: a. such condition must meet any one or more of the categories described in Paragraph , 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. ' 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final , commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or , b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and ' contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Pazagraph 4.03.A. ' 3. If Owner and Contractor aze unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be , made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subconttactors shall be liable to Contractor for any claims, costs, losses, or damages ' (including but not limited to all fees and chazges of engineers, architects, attorneys, and other RTCDC C-700 Standard Ceaenl Conditlom of We Coostructioo Contrut Copyright ®2007 National Society of Ptoteasioaal Engineers for EJCfIC. All rights reserved , Page 12 of 62 professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ' 4.04 Underground Facilities A. Shown or Indicated.• The infotmation and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data famished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the ' Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such ' information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall ' have full responsibility for. a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including ' Owner, during consimction; and d. the safety and protection of all such Underground Facilities and repaiting any damage ' thereto resulting from the Work. B. Not Shown orlndicated: ' 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract ' Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or perforating any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change ' Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that ' was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price EJCDC C-700 Standard Ceaeral Conditions of the Coastrucfioa Contract Copyright ®2007 Nafboal Society otProfesstoaal Engineers for EJCIJC. Ail righb reserved. Page 13 of h2 or Contract Times, Owner or Contractor may make a Claim therefor as provided in ' Paragraph 10.05. 4.05 Reference Points ' A. Owner shall provide engineering surveys to establish reference points for construction which in ' Engineer's judgment aze necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior , written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such ' reference points or property monuments by professionally qualified personnel. k 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings ' known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. , B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and , drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partrlers, , employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of ' tmnstruction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such dmwings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such , other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or ' revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible ' for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazazdous Environmental Condition or if Contractor or anyone for ' whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any azea affected thereby (except in an emergency as required by ' - EJCDC C-700 Stmdard Ceoerel Condhions of We Cooatructlon Contract Copyright ®2007 NaOOnal Sockty orProfasbnal Engineers for 6JCDC. All rights reserved. ' Page 14 or 62 ' Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for ' Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as aze necessazy to pernut Owner to timely obtain required permits and provide Contractor the written notice ' required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any ' affected azea until after Owner has obtained any required pemuts related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected azea is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Pazagraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a ' reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the azea affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to ' or on the amount or extent, if any, of an adjustment in Contract Price or Contmct Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent pemutted by Laws and Regulations, Owner shall indemnify and hold ' harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of ' engineers, architects, attorneys, and other professionals and all court or azbitmtion or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazazdous Environmental Condition: (i) was not shown or indicated in the ' Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, ' consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, azchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) ' arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contactor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that ' individual's or entity's own negligence. EJCDC C-700 Standard General Condidoos or the COnStNCdOn Contrut ' Copyright ®2007 Natloaal Sockly of ProfasWoal Engineers for EJCDC. All righb reserved. Page IS or 62 I. The provisions of Pazagraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental ' Condition uncovered or revealed at the Site. ARTICLE 5 -BONDS AND INSURANCE ' 5.01 Performance, Payment, and Other Bonds , A. Contractor shall fiunish performance and payment bonds, each in an amount at least equal to the Contract Price as security far the faithful performance and payment of all of Contractor's ' obligations under the Contract Documents. These bonds shall remain in effect until one yeaz after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as aze required by the , Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided ' otherwise by Laws or Regulations, and shall be executed by such sureties as aze named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Cireulaz 570 (amended) by the Financial , Management Service, Surety Bond Branch, U.S. Deparhnent of the Treasury. All bonds signed by an agent or attomey-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date ' the agent or attorney-in-fact signed each bond. C. If the surety on any bond funushed by Contractor is declared banlmlpt or becomes insolvent or ' its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph S.O1.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide ' another bond and surety, both of which shall wmply with the requirements of Paragraphs S.O1.B and 5.02. 5.02 Licensed Sureties and Insurers , A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed , or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary ' Conditions. 5.03 Certificates oflnsurance ' A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementazy Conditions, certificates of insurance (and other evidence of ' insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. E]CDC C-700 Stmdard General Conditions of tl~ COnstlLCti0a Contract Copyright ®2007 National Society of Profesdoasl Engineers for EICDC. All ri~tr reserved. ' Page 16 of 62 ' B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insumnce (and other evidence of ' insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. ' C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. ' 5.04 Contractor's Insurance ' A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone duectly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: ' 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; ' 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; ' 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of ' such pefson by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and ' 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: EJCI)C C-7011 Standard General Conditions of fhe Conswction Contra[ Copyright ®2007 National Sockty orProfessboal Engineers for EJCDC. All rights reserved. Page l7 of 62 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be , written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or , entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional ' insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability ' provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; ' 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the ' Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); ' 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defecflve Work in accordance with Paragraph 13.07; ' and 6. include completed operations coverage: ' a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall fiunish Owner and each other additional insured identified in the , Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. ' 5.05 Owner's Liability Insurance A. in addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, ' at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the ' Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain 1 property insurance upon the Work at the Site in the amount of the fiill replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or ' required by Laws and Regulations). This insurance shall: EJCnC G700 Sfsndud Ceoeral Conditlons of the Constrocfion Confect Copyright ®2007 Natbnal Society of Pekssioaal Engineers for EJCDC. All rights reserved. ' Page l8 of 62 ' 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; ' 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, ' water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but ' not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in ' writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; ' S. allow for partial utilization of the Work by Owner; 6. include testing and startup; and ' 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written nofice to each other loss payee to whom a certificate of insurance has been issued. ' B. Owner shall purchase and maintain such equipment breakdown insulance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which ' will include the interests of Owner, Contmctor, Subcontactors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directols, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be ' purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contlactor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified ' in this Paragraph 5.06 to protect the interests of Contmctor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be home by ' Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property EJCI)C C-700 Standard General Conditions of the Constructlon Contract Copyright ®2007 National Society of Profeasbnal Engineers for EJCDC. Alt rights reserved. Page 19 of 62 insurance coverage within the limits of such amounts, each may purchase and maintain it at the , purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property ' insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contmctor by appropriate Change Order. Prior ' to commencement of the Work at the Site, Owner shall in writing advise Contmctor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights , A. Owner and Contractor intend that all policies purchased in accordance with Paragmph 5.06 will protect Owner, Contractor, Subwntractors, and Engineer, and all other individuals or entities ' identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, wnsultants, and subcontmctors of each and any of them) in such policies and will provide primary wverage for all losses and damages caused by the perils or , causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each , other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other ' property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, , consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise ' payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, ' directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond , direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner, and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting ' from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss ' referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery EJCDC C-700 Standard General Condidons or the COnStrllehOn Cootrut Copyti~t ®2007 Natlonal Society o(Prokssional Eogineen for EJCDC. All right reserved. Page 20 or 62 against Contractor, Subcontractors, or Engineer, and the officers, drrectors, members, pattuers, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds ' A. Any insured loss under the policies of insurance required by Pamgraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reac1L If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall ' adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bands and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-confonnauce with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.O1.B. Owner and Contractor ' shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other ' party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other parry may elect to obtain equivalent bonds or insurance to protect such other ' party's interests at the expense of the party who was required to provide such coverge, and a Change Order shall be issued to adjust the Contract Price accordingly. ' 5.10 Partial Utilization, Acknowledgment ofProperty Insurer A. If Owner fords it necessary to occupy or use a portion or portions of the Work prior to ' Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance prusuant to Paragmph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Condidona of the Coostrucbon Contract ' Copyright ®2007 National Society of ProfessiooW Engineers for EJCDC. All righb reserved. Psge 21 of 62 ARTICLE 6 - CONTRACTOR'S RESPONSIBILTTIES ' 6.01 Supervision and Superintendence ' A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the ' Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific ' means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident ' superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours ' A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work ' and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at ' the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not pemilt the ' performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment ' A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment , and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. ' B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All ' special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall famish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. ' C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. ' EJCDC C-700 Standard Cereal Condafom of We Construction Contact - Copyrigbt ®2007 National Sodety of Profesatonal Engineer for EJCDC. All righb reserved. ' Page 22 of 62 1 ' 6.04 Progress Schedule ' A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. ' L Contractor shall submit to Engineer for acceptance (to the extent indicated in Pazagmph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times ' may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" ' A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particulaz Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or ' material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment ' proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole ' discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so ' named if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and ' 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: ' 1) there will be no increase in cost to the Owner or increase in Contract Times; and ' 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EACDC C-700 Sfaadard General Conditlons of the Construction Contract Copyright ®2007 National Sockty of Pmfeasioasl Engineers for EJCDC. All rights reserved. Page 23 of 62 1 2. Substitute Items: , a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor ' does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient infomlation as provided below to allow Engineer to , deternune if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute ' items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragmph 6.OS.A.2.d, as ' supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to famish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general ' design, b) be similaz in substance to that specified, and c) be suited to the same use as that specified; 2) will state: ' a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, ' b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract ' with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with ' the Work is subject to payment of any license fee or royalty; 3) will identify: ' a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and ' EJCDC G700 Slmdard General Co~ditloas orthe Coostroctlon ContnM Copyright ®2007 Natbnal Society of Profesaonal Engineers for EJCDC. All righla reserved. ' Page 24 of 62 ' 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of ' other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, ' sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may famish or utIlize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow ' Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similaz to those provided in Pazagraph 6.OS.A.2. ' C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.OS.B. Engineer may require Contractor to famish additional data about the proposed substitute item. Engineer will be ' the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative detemrination. D. Special Guarantee: Owner may require Contractor to famish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute ' proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable changes of Engineer for evaluating each such proposed ' substitute. Contractor shall also reimburse Owner for the reasonable changes of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. ' 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including ' those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or ' perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or 1 other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing ' or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or EJCDC C-700 Standard Ceoeral Conditbos ofthe Cooslructioa Coafnct Copyright ®2007 Natloaal Sockty of Pmfessiooal Eogiaeeta for EdCDC. All rights reserved. Page 25 of 62 other individual or entity so identified may be revoked on the basis of reasonable objection after , due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by ' the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or , Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the ' Subcontractors, Suppliers, and other individuals or entities perfomung or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: ' 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor , 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as ' may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of ' Subcontractors, Suppliers, and other individuals or entities performing or fiunishing any of the Work under a direct or induect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities ' performing or famishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not ' control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract ' Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will ' contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, ' employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers ' on any such policies require separate waiver fowls to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 1 - FdCDC C-700 Standard General Cocoas orthe Construc0on Contract Copyright ®2007 National Sorlety ofProrasioeal Eaginren ror EICDC. All rights reserved. Page 26 or 62 ' ' 6.07 Patent Fees and Royalties ' A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a ' particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty ' to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent pemmitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, ' consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and chazges of engineers, azchitects, attorneys, and other professionals, and all court or azbitration or other dispute resolution costs) arising out of or ' relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold ' hamiless Owner and Engineer, and the officers, directors, members, paztners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and chazges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infi-ingement of patent rights or copyrights incident to the use in the performance of the Work or resulting firm the incorporation in the Work of any invention, ' design, process, product, or device not specified in the Contract Documents. 6.08 Permits ' A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all constmction pernmits and licenses. Owner shall assist Contractor, when necessazy, in obtaining such permits and licenses. Contactor shall pay all governmental chazges and inspection fees ' necessary for the prosecution of the Work which aze applicable at the time of opening of Bids, or, if there aze no Bids, on the Effective Date of the Agreement. Owner shall pay all chazges of utility owners for connections for providing permanent service to the Work. ' 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the perfonrance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for t monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or ' Regulations, Contractor shall beaz all claims, costs, losses, and daznages (including but not limited to all fees and chazges of engineers, azchitects, attorneys, and other professionals and all EJCDC C-700 Standard General Conditlons of the Construction Contract Copyright ®2007 National Society of Proresabaal Eogiottn for EJCIIC. All rights reserved. Page 27 of 62 court or azbittation or other dispute resolution costs) arising out of or relating to such Work. , However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of ' Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective , Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similaz taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which aze applicable during the performance of the Work. ' 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: ' 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to ' any such land or area, or to the owner or occupant thereof or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the perfonnauce of the , Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent pemmitted by Laws and Regulations, Contractor shall indemnify and ' hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, ' brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. ' B. Removal of Debris During Performance of the Work. During the progress of the Work Contractor shall keep the Site and other areas free from accumulafions of waste materials, ' rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the ' Work and make it ready for utilization b Owner. At the completion of the Work Contractor EdCDC C-700 Standard Ceoeral Conditions of We CoosWCtlon Contract Copyright ®2007 National Society of Professional Eoglnars for EfCDC. All rights reserved. ' Psge 28 of 62 ' shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration ' by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any stmcture to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. ' 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written ' interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Dtawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety ' precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Conttactor shall ' take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; ' 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and ' 3. other property at the Site or adjacent thereto, including trees, shmbs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Conttactor shall comply with all applicable Laws and Regulations relating to the safety of ' persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. ' The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. EJCDC C-700 Standard General Conditloos of the Construction Contra[ 1 Copyright ®2007 National Sorkty of Processional Engineers for EJCDC. All rights reserved. Page 29 of 62 'I D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety , program with which Owner's and Engineer's employees and representatives must comply while at the Site. , E. All damage, injury, or loss to any properly referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any , other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or ' omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity ' directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and ' Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative ' A. Contractor shall designate a qualified and experienced safety representative at the Site whose , duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs , A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazazd communication information required to be made available to or exchanged between ' or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies , A. In emergencies affecting the safety or protection of persons or the Work or properly at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. ' Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or aze required as a result thereof. If Engineer determines that a change in the Contract Documents is ' required because of the action taken by Contactor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples ' A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each ' submittal will be identified as Engineer may require. 1 EJCllC C-700 Standard Ceceral Cooditlons of the Construction Contract Copyright ®2007 Natrona) Society of Protesaioaal Engineers for EJCDC. All righd reserved. page 30 of 62 , ' 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, ' dimensions, specified performance and design criteria, materials, and similaz data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Pazagraph 6.17.D. ' 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. ' C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: ' a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; ' b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, ' and similaz information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation ' pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for ' means, methods, techniques, sequences, and procedures of constmction, and safety precautions and programs incident thereto. ' 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contmct Documents with respect to Contractor's review and approval of that submittal. ' 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract ' Documents. This notice shall be both a written communication separate from the Shop EJCDC C-700 Slaadard Ceoeral Conditloos of We Coaslructloa Contract Copyright ®2007 Natloaal Society of Professional Eogiaeers for E3CDC. All rights reserved. Page 31 of 62 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop , Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review.• ' 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the , Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible ' with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or , procedures of construction (except where a particulaz means, method, technique, sequence, or procedure of constmction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval , of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any r variation from the requirements of the Conttact Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variafion by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C. 1. ' E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number ' of corrected copies of Shop Drawings and submit, as requited, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the conrections called for by Engineer on previous submittals. , 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or , disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor ' may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee ' A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on ' representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: ' EJCDC C-'700 Standard General Coadidoas of the Conslractton Contract Copyri¢t ®2007 Nalnoal Society of Professional Ea®iaeen for EJCDC. All righb reserved. Pam 32 0( 62 ' ' 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is ' responsible; or 2. normal weaz and tear under normal usage. ' C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform ' the Work in accordance with the Contract Documents: 1. observations by Engineer; I 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner, 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; ' 6. any inspection, test, or approval by others; or ' 7. any correction of defective Work by Owner. 6.20 Indemnification ' A. To the fullest extent pernutted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them 1mm and against all claims, costs, losses, ' and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is ' attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . ' B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any ' individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of ' damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, EJCDC C-700 Standard General Conditloos or the Construction Contract ' Copyright ®2007 National Society or Proresaboal Engiaeera for EJCDC. All rightr reserved. Page 33 or 62 Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, , or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the ' liability of Engineer and Engineer's officers, directors, members, paztners, employees, agents, consultants and subcontractors arising out of: , 1. the preparation or approval of, or the failure to prepaze or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or ' 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation ofPrafessional Design Services , A. Contractor will not be required to provide professional design services unless such services are ' specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for constmction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional , services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, , materials or equipment aze specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly ' licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when , submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of , the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. , D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with ' performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph , 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the perfomrance or design criteria ' required by the Contract Documents. EJCDC C-700 Staudad General Conditloos of We COOSVIICtlnn Contra[ Copyrlgpt ®2007 National Sorlety of Prokrsbnal Engineers far EJCDC. All righb reserved. ' Page 34 of 62 ' ARTICLE 7 -OTHER WORK AT THE STTE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or ' through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor aze unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a ' result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility ' owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with ' theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or ' otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph aze for the benefit of such utility owners and ' other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed ' by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's ' failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. ' 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and ' 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority ' and responsibility for such coordination. EJCDC C-700 Shadard General Conditions of the Construction Contract ' Copyright ®2007 National Society of Professboal Englaeers for EJCDC. All rights reserved. Page 35 of 62 1 7.03 Legal Relationships ' A. Paragraphs 7.O1.A and 7.02 are not applicable for utilities not under the control of Owner. ' B. Each other direct contract of Owner under Paragraph 7.O1.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs ' incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for , the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 -OWNER'S RESPONSIBILITIES ' 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications ' to Contractor through Engineer. 8.02 Replacement of Engineer , A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be , that of the former Engineer. 8.03 Furnish Data ' A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due ' A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C , and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys 1 to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contactor copies of reports of explorations and ' tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance ' A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and properly ' inanrance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C-700 Standard General Conditions of the Consfrucdon Contract Copyri~[ ®2007 Natlooal Society of Prokssiooal Engineers ror EJCDC. All righp reserved. , Page 36 of 62 ' 8.08 Inspections, Tests, and Approvals ' A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. ' 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety ' precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. ' 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Pazagraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall famish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. ' 8.12 Compliance with Safety Program ' A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Pazagraph 6.13.D. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the constrrction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during ' construction aze set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design ' professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will detemrine, in general, if the Work is proceeding in ' accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or grrantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the ' completed Work will conform generally to the Contract Documents. On the basis of such visits EJCIIC C-700 Standard General Conditloas of the Constractlon Contract Copyright ®2007 National Sockly of Professional Engineers for EJCDC. All rights reserved. Page 37 or 62 and observations, Engineer will keep Owner informed of the progress of the Work and will , endeavor to guard Owner against defective Work. B. Engineer's visits and observations aze subject to all the limitations on Engineer's authority and ' responsibility set forth in Paragraph 9.09. Particulazly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, ' direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulafions applicable , to the performance of the Work. 9.03 Project Representative ' A. If Owner and Engineer agree, Engineer will famish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in ' the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and ' limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work ' A. Engineer may authorize minor variations in the Work from the requirements of the Contract , Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the wmpleted Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be ' binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Conttact Times, or both, and the parties are unable to agree on entitlement to or on the amount or , extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work ' A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents , or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the ' Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments ' A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. , EJCDC G700 Standard General Coaditlons of We Construction Contract Copyright ®2007 Natloual Society otPro(essional EngJoeers for EJCDC. All rights reserved. ' Page 38 of 62 ' B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see ' Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. ' D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work ' A. Engineer will detemtine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations ' on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ' A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability ' of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. ' B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the ' Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph I O.OS.B. ' C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. ' D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or ' decision rendered in good faith in such capacity. 9.09 Limitations an Engineer's Authority and Responsibilities ' A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibIlity or the undertaking, exercise, or performance of any ' authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EICIIC C-700 Standard General Conditions of the Construction Contract Copyright ®2007 National Society of Profaslonsl Engineers for E.1CI)C. All rrghla reserved. Page 39 of 62 B. Engineer will not supervise, direct, control, or have authority over or be responsible for ' Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws , and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perfonn the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, ' any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all , maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will ' only be to detem~ine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program , A. While at the Site, Engineer's employees and representatives shall comply with the specific ' applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS , 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or ' from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed ' with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, ' of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph , 10.05. 10.02 Unauthorized Changes in the Work ' A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the ' case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. EJCDC C-700 Standanl General Condabne of the Construction Contra[ Copyright®2007 National Society of Profesdonal Engineers for PJCIIC. All nsgh6 reserved. ' Page 40 of 62 10.03 Execution of Change Orders ' A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: ' 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragrdph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; ' 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and ' 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of ' executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Conhact Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to ' the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety ' A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not ' limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ' 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, ' shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such ' Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant ' to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibIlity to substantiate a Claim shall rest with the party malting the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall ' be prepared in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The EJCf1C C-700 Sundard General Condition of We Conslmctlon Cootrac[ Copyright ®2007 National Sodety or Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 1 opposing party shall submit any response to Engineer and the claimant within 30 days after , receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last , submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: , 1. deny the Claim in whole or in part; 2. approve the Claim; or ' 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further ' resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be ' deemed denied. E. Engineer's written action under Paragraph 10.O5.C or denial pursuant to Paragraphs 10.O5.C.3 or , 10.O5.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in , accordance with this Paragraph 10.05. ARTICLE 11-COST OF TIIE WORK; ALLOWANCES; UNTI' PRICE WORK 11.01 Cost of the Work ' A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the ' Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of ' the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.O1.B, ' and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the pemfonnance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such ' employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall ' include, but not be limited to, salaries and wages plus the cost of fi-inge benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay ' applicable thereto. The expenses of performing Work outside of regular working hours, on E.lcnc caoo staoa.ra ceoersl cooditioos orfhe conatrnrtlou cona,et Copyright®2007 National Sorkty ofProfessiooal Eoghreess for EJCDC. All rights reserved. ' Page 42 of 62 ' Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. ' 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection ' therewith. All cash discounts shall accme to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accme to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accme to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides ' that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contmctor's Cost of the Work and fee as provided in this Paragraph 11.01. ' 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related ' to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in dischazge of duties connected with the Work. ' b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, ' less market value, of such items used but not consumed which remain the property of Contractor. ' c. Rentals of all constmction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, ' assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similaz taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. ' e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone duectly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for pemrits and licenses. FJCI)C C-700 Stmdard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EdCI)C. All rights reserved. Page 43 of 62 f. Losses and damages (and related expenses) caused by damage to the Work, not ' compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of ' property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subconhactor, or anyone directly or indirectly employed by any of them or for ' whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. ' g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the ' Site, express and courier services, and similaz petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: ' 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of ' partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the ' Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.OLA.4, all of which are to be ' considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. , 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ' 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not ' limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not ' specifically and expressly included in Paragraphs 11.O1.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee ' shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. ' EJCDC C-'700 Standard General Conditions of the ConsfraMion Contract - Copyright ®2007 National Society of Professional Engineers for EJCDC. All rights reserved. ' Page 44 of 62 1 ' D. Documentation: Whenever the Cost of the Work for any purpose is to be detem~irled pursuant to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. ' 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the ' Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: L Contractor agrees that: ' a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and ' b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in ' the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. ' D. Prior to fmal payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the ' Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work ' A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the ' estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the ' purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. ' C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Conhactor's overhead and profit for each separately identified item. EJCOC C-700 Sfaadard General Conditions of the Construction Contract Copyright ®2187 National Society of Professional Engineers far EJCDC. All rights reserved. Page 45 of 62 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance t with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contactor differs materially and ' significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and , 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in t Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CIIANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price ' A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ' Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the ' Contract Price will be detemmined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by ' application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, ' by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.C.2); or , 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.O1.B.2, on the basis of the ' Cost of the Work (determined as provided in Paragfaph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Pafagraph 12.O1.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be detemmined as follows: t 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various ' portions of the Cost of the Work: a. for costs incurred under Paragraphs 11A1.A.1 and 11.O1.A.2, the Contractor's fee shall ' be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; ' EJCDC C-700 Sfmdard General CondiUOns of fhe Conslrucdoa Conhac[ - Copyright ®2007 National Society of Professional Engineers (ar EJCI)C. All rig6b reserved. ' Page 46 of 62 i c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.O1.C.2.a and 12.O1.C.2.b is ' that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.OLA.2 and that any higher tier Subcontractor and Contrnctor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4, ' 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a ' deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Pazagraphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive. 12.02 Change of Contract Times ' A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph ' 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this ' Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as ' contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or ufility owners performing other work for Owner as ' contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, ' abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the EJCl1C C-700 Standard General Cooditlons of the COn9tlLCtlOa Contract 1 Copyright®2007 Natiooil Society ofProressionsl Eogincers (ar EJCDC. All righu reserved. Page 47 of 62 i 1 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, ' then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an t adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, azchitects, attorneys, and , other professionals and all court or azbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anficipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays ' within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF , DEFECTIVE WORK 13.01 Notice ojDefects ' A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be ' given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work ' A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will ' have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. ' 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required ' inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. , B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: t 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph ' 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. ' EJCI)C C-700 Shadsr(ICeaeral Coaditlons of the Coostruc0oo Contract Copyright ®2007 Nsdooal Society of Profeasioaal Eagiaeets for EJCDC. All rights reserved ' Page 48 of 62 i 1 ' C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's. acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, ' uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless 1 Contmctor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. ' 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by ' Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, famishing all necessary labor, material, and equipment. ' C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of ' or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contmct Price. If ' the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Pazagraph 10.05. ' D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, drrectly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. EJCI)C C-700 Standard Ceaerol Coadrtoos of the Coostrnctloa Contract ' Copyright ®2007 Natiaaal Society of Professbaal Engineers for EJCDC. All rights reserved. Page 49 of 62 1 1 13.05 Owner May Stop the Work , A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable ' materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner ' to stop the Work shall not give rise to any duty on the part of Owner to exeroise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, ' architects, attomeys, and other professionals and all court or azbitration or other dispute resolution vests) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty , and guarantee, if any, on said Work. 13.07 Correction Period ' A. If within one yeaz after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guazantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or azeas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with , Owner's written instructions: 1. repair such defective land or azeas; or , 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it , with Work that is not defective, and Q. satisfactorily correct or repair or remove and replace any damage to other Work, to the work ' of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instmctions, or in an ' emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and chazges of engineers, , azchitects, attorneys, and other professionals and all court or azbitration or other dispute - EJCIIC C-700 Standard Ceoeaal Conditions of the Cooatrucfion Contract Copyright®2007 National Society otPaofesaronalEagineers for EJCDC. All rights reserved. , Page 50 of 62 1 resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service ' before Substantial Completion of all the Work, the correction period for that item may start to mn from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or ' removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one yeaz after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Pazagraph 13.07 are in addition to any other obligation or warranty. The provisions of this Pamgraph 13.07 shall not be construed as a substitute for, or a ' waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work ' A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of fmal payment, Engineer) prefers to accept it, Owner may ' do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and ' detemunation to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of fmal payment, a Change Order will be issued incorporating the necessary ' revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties aze unable to agree as to the amount thereof, Owner may make a Claim therefor as ' provided in Paragraph 10.05. If the acceptance occurs after such recommendation, anappropriate amount will be paid by Contractor to Owner. ' 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct ' defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragmph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contmct Documents, or if Contractor fails to comply with any other provision of the Contract ' Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. ' B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCOC C-'100 StaaJanl Cenenl Coaditloas of We Conahvctloa Coafrac[ ' Copyright ®2007 Natlonsl Society of Professional Eogineen for EJCDC. All rights reserved Page Sf of 62 1 equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable ' Owner to exercise the rights and remedies under this Paragraph C. All claims, costs, losses, and damages (including but not limited to all fees and charges of ' engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contactor, and a Change Order will be ' issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as ' provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contactor's defective Work. ' D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ' ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for , progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. ' 14.02 Progress Payments A. Applications for Payments: , 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an , Application for Payment filled out and signed by Contractor wvering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and ' equipment not inwrporated in the Work but delivered and suitably stared at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the , materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. ' 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the ' EJCDC C-700 Shadard Ceaenl Coadifioas of We Coostrucfioa Contract Copyright ~ 2007 National Society or Pto[esslooal F.ngineen [or E.ICIIC. Alt rights reserved. , Page 52 or 62 ' Work have been applied on account to dischazge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. ' B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the ' Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will ' constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the ' best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; ' b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Pazagraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. ' 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: ' a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically ' assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. ' 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including fmal payment, will impose responsibility on Engineer: a. to supervise, duect, or control the Work, or EJCIIC C-700 Standard Cenenl Conditions of the Constracfioa Contract ' Copyright ®2007 National Society of Professional Engineers for EJCnC. All rights reserved. Page 53 of 62 1 b. for the means, methods, techniques, sequences, or procedures of constmction, or the ' safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's , perfomlance of the Work, or d. to make any examination to ascertain how or for what pufposes Contractor has used the 1 moneys paid on account of the Contact Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner ' free and cleaz of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's , opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise ' or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or ' replacement; b. the Contract Price has been reduced by Change Orders; ' c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragmph 15.02.A. ' C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's , recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contmctor. ' D. Reduction in Payment.• 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; ' b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there aze other items entitling Owner to a set-off against the amount recommended; or ' EJCDC C-700 Standard General Candidons of fhe Consfructlon Contract Copyright ®2007 Natbnal Society of Professional Engineers for EdCrsC. AR rights reserved. ' Page 54 of 62 ' d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.S.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contrctor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title ' A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no ' later than the time of payment free and cleaz of all Liens. 14.04 Substantial Completion ' A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of ' Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. ' C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substanfial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before Final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's ' objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will ' deliver to Owner and Contractor a written recommendation as to division of responsibilities EJCDC C-700 Standard General Conditlons of the Cons[ructloa Contract Copyright ®2007 Natlonal Society of Professional Engineers for EJCOC. All rights reserved. Page 55 of 62 pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and watranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in ' writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its properly and , complete or correct items on the tentative list. 14.05 Partial Utilization A. Frior to Substantial Completion of all the Work, Owner may use or occupy any substantially ' completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Conttactor agree constitutes a separately functioning and usable , part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: , 1. Owner at any time may request Contractor in writing to perut Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and ' substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. ' 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request , Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer , does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with ' respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to ' compliance with the requirements of Pazagraph 5.10 regarding property insurance. 14.06 Finallnspection ' A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is ' complete, Engineer will promptly make a final inspection with Owner and Conttactor and will notify Contractor in writing of all particulate in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to ' complete such Work or remedy such deficiencies. EJCDC C-700 Suodard Geceral Canditlons of the Conatructloa Contra[ Copyri~rt ®2007 Natlooal Sockty otProfessiooal Eo~aeers for EJCDC. All righh reserved. ' Pam 56 of 62 ' 14.07 Final Payment A. Application forPayment.• 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections ' identified during the fmal inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The fmal Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance requued by Paragraph 5.04.B.6; ' b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may famish a bond or other collateral satisfactory to Owner to ' indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during constmction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work ' has been completed and Contractor's other obligafions under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the ' Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to ' Contractor, indicating in writing the reasons for refusing to recommend fmal payment, in which case Contractor shall make the necessary connections and resubmit the Application for Payment. C. Payment Becomes Due: EJCDC C-700 Standard General Conditions of the Cons[ructlon Contract Copyright ®2007 Natlooal Society o(Psoressioml Engineers for EJCDG All rights reserved. Page 57 0( 62 1. Thirty days after the presentation to Owner of the Application for Payment and ' accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to ' liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Fina[ Completion Delayed ' A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirurs, Owner shall, upon receipt of Contractor's final Application for Payment ' (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully ' completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been fiunished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made ' under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of fmal payment will constitute: ' 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, ' from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in ' accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ' ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work ' A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the ' Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause , A. The occurrence of any one or more of the following events will justify temrination for cause: EJCDC C-700 Standard Cenenl Coaditbos of the Coostrucdon Coa[raet Copyriglrt ®2007 Natboal Soriety of Professional Engineers for EdCDC. All rights reserved. , Page 5g of 62 ' 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or ' suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragmph 6.04); ' 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregazd of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving ' Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: ' 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or ' conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner ' has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any fiuther payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges ' of engineers, architects, attorneys, and other professionals and all court or azbitmfion or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such ' unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or 1 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. ' D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. ' E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accme. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. EJCDC C-700 Smadard Geoerol Coaditioos of the Coostrvctioa Contract Copyright ®2007 Natloasl Society of Professional Engioeen far EJCDC. All rights reserved. Page 59 of 62 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph S.O1.A, the teruvnation procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. ' 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and , without prejudice to any other right or remedy of Owner, temunate the Contract. In such case, Contractor shall be paid for (without duplication of any items): ' 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; , 2. expenses sustained prior to the effective date of termination in peifomring services and furnishing labor, materials, or equipment as required by the Contract Documents in ' connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of ' engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, ' Suppliers, and others; and 4. reasonable expenses directly attributable to temrination. ' B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate , A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive , days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days ' written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. , B. In lieu of ter iv_nating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or ' Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this ' Paragraph 15.04 aze not intended to preclude Contactor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ®2007 National Society orProfessbnal Engineers far EdCDC. All rights reserved. ' Page 60 of 62 ' ARTICLE 16 -DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediafion will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall ' be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph IO.OS.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall ' be concluded within 60 days of filing of the request. The date of temunation of the mediation shall be deternuned by application of the mediation rules referenced above. ' C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.O5.C or a denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.D shall become final and binding 30 days after terniiuation of the mediation unless, within that time period, Owner or Contractor: ' 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or ' 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other parry of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 -MISCELLANEOUS ' 17.01 Giving Notice ' A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the ' corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business ' address known to the giver of the notice. 17.02 Computation of Times ' A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC C-700 Standard General Conditlons of the Construction Control Copyrip~t ®2007 Natbnal Sockry of Proresaioval Engineers for EJCDC. All rights rexrved. Page 61 of 62 17.03 Cumulative Remedies , A. The duties and obligations imposed by these General Conditions and the rights and remedies ' available hereunder to the parties hereto are in addition to, and aze not to be constmed in any way as a limitation of, any rights and remedies available to any or all of them which aze otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other ' provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Conhact Documents in connection with each particulaz duty, obligation, right, and remedy to which they apply. ' 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given ' in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive fmal payment, completion, and acceptance of the Work or termination or completion of the Contractor termination of the services of Contractor. , 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. , 17.06 Headings , A. Article and paragraph headings aze inserted for convenience only and do not constitute parts of these General Conditions. 1 - EJCDC C-700 Standard General Conditlons of Me Construc4oo Contract Copyright ®2007 Naaonal Society of Professional Engineers for EJCDC. Ail rights reserved. Pam 62 or 62 , 1 RAMP RESTORATION ' FOR THE FISHERS ISLAND FERRY DISTRICT ' FISHERS ISLAND NOVEMBER 2012 1 ' SUPPLEMENTAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 Main Ramp Reskiration Fishers Island Feny District SUPPLEMENTAL CONDITONS GENERAL -The following are Supplemental Conditions required by the Fishers Island Ferry ' District for this project. 1. PROJECT REPRESENTATIVE Engineer is GNCB Consulting Engineers, P.C. of Old Saybrook, CT Mr. Chazles C. Brown, PE and in his absence Docko, Inc. of Mystic, CT Mr. Keith B. Neilson, PE. The project representative for this project will be the Operations Manager. DAMAGES FOR DELAYS ' Nothing contained herein to the contrary, the parties agree that no payment, compensation or adjustment of any kind (other than the extensions of time provided for) ' shall be made to the contractor for damages because of hindrances or delays, be avoided or unavoidable, and the contractor agrees that it will make no claim for compensation, damages or mitigation of liquidated damages for any such delays and will accept in full satisfaction for such delays said extension of time. WAIVER OF JURY TRIAL ' CONTRACTOR HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO TRIAL BY JURY IF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ' ACTION (1) ARISING UNDER THIS AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR (2) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO THIS AGREEMENT OR ANY OTHER INSTRUMENT. DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN ' CONNECTION HEREWITH, OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; AND CONTRACTOR HEREBY AGREES AND CONSENTS THAT ' ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACT10N SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THE OWNER MAY FILE ON ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY ' COURT AS WRITTEN EVIDENCE OF CONTRACTOR'S CONSENT TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY. Except as prohibited by law, the Contractor waives any right which it may have to claim or recover in any litigation ' referred to in the preceding sentence any special, exemplary, punitive or consequential damage or any damages other than, or in addition to, actual damages. The Contractor (a) certifies that neither the owner nor any representative, agent or attorney of the owner has represented, expressly or otherwise, that the owner would not, in the event of litigation, seek to enforce the foregoing waivers, and (b) acknowledges that, in entering into the Agreement, the owner is relying upon, among other things, the waivers and certifications contained in this Section. SC-1 - Main Ramp Restoration Fishers Island Ferry Dishid ' SCHEDULE OF VALUES The Contractor must submit for approval a schedule of values with its first submittals, prior to ' the formulation of the first payment requisition along with an anticipated schedule of requisitions estimating values of those requisifions so as to allow the Owner to anticipate payments in ' advance It is recommended that the Schedule of Values for this project include at least the , following work item categories including the Base Bid and items from the Unit Price Schedule which are included in the Contract. It is anticipated that all the unit quantities will be built. 1. Mobilization/Demobilization 2. Demolition /Removals 3. Compliance with Environmental Permits & Site Security , 4. Furnish and Install New Steel Sheetpile Bulkhead 5. Furnish and Install New Ramp Support Block and Bulkhead Anchor System 6. Furnish and Install New Counter Weight Support Towers Rigged , 7. Furnish and Install New Steel Bumper Piles 1 Safety Bar 8. Furnish and Install New Hinged Vehicle Ramp 9. Extend Drainage Pipe ' 4. The limits of liability for insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required ' by Laws and Regulations: Workers' Compensation and related coverages under Pazagraphs 5.04.A. l and A.2 of the , General Conditions: a. State: Statutory b. Applicable Federal ' (e.g., Longshoremen's} Statutory c. Employer's Liability $ 1,000,000 per accident Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General , Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody, and control of ' the Contractor: Limits (Each Occurrence/Aggregate) a. General Aggregate $ 1,000,000/2,000,000 ' b. Products -Completed Operations Aggregate $ 1,000,000/2,000,000 c. Personal and Advertising ' Injury $ 1,000,00012,000,000 d. Each Occurrence (Bodily Injury and ' Property Damage) $ 1,000,00012,000,000 e. Property Damage liability , insurance will provide Explosion, SG2- ' ' Main Ramp Restoration Fishers Island Ferry District ' Collapse, and Underground coverages where applicable $ 1,000,00012,000,000 Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: Limits (Each Occurrence/Aggregate) a. Bodily Injury: $ 1,000,000/1,000,000 b. Property Damage $ 1,000,00011,000,000 ' Additional types and amounts of insurance that may be required by Owner. -None List by name other persons or entities to be included on policy as additional insureds. ' GNCB Engineers Docko, Inc. ' S. Prime Contractor /Sub-Contractor Pro-ration -The Contractor shall not award work valued at more than thirty (30%) percent of the Contract Price to Subcontractor(s), without prior written approval of the Owner. 6. Taxes -Owner is exempt from payment of sales and compensating use taxes of the State and of cities and counties thereof on all materials to be incorporated into the Work. ' A. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. ' B. Owner's exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not ' incorporated into the Work. 7. Add a new pazagraph immediately after Paragraph 17.OSA of the General Conditions: This agreement shall be enforceable under the laws of the State of New York; the parties further agree to be contractually bound to submit themselves to the personal jurisdiction of the courts of New York; the venue for any court proceeding shall be in Judicial District of Suffolk County, New York. ' 8. With regard to Article 4 of the General Conditions there aze no reports or scientific studies related to the geotechnical chazacteristics of the site This site has supported steel sheet pile clad wharf with wood pile and timber pier for 60 years as a demonstration of pile drivability. The new structures are to be built in very similaz configurations. There is anticipated need for excavation and there are known utilities such as electrical service and underground facilities such as the tie back system which could be adversely affected by the project. 1 SC-3 - ' Notice of Award Dated: Project. Omer owners Conlraa No.: Conlraa: (Engineers Project No.: ' Bidder: Bidders Adtlress: (send Ce~etl Mail, Realm Receipt Requested] You are notified that your Bid dated for the above Contrad has been considered. You are the Successful Bidder and are awarded a Contrad for ' The Contrad Price of your Contrad is (Insert appropriate data if Unit Prices are used. Change language for Cost-Plus contracts) copies of each of the proposed Contrad Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. ' You must comply with the following conditions precedent within fifteen {15] days of the date you receive this Notice of Award. Time is of the essence. Please forward the necessary Contrad documents at the earliest opportunity. ' 1. Deliver to the Owner fully executed counterparts of the Contrad Documents. 2. Deliver with the executed Contrad Documents the Contrad security [Bonds] as specified in the ' Instrvdions to Bidders (Article 20), [and] General Conditions (Paragraph 5.01) [and Supplementary Conditions (Paragraph SC-5.01).] 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and dedare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return [o you one fully executed counterpart of the Contrad Documents. Owner By: ' Authorized Signature Tile Copy to Engineer EJCDC No. C-510 (2002 Edifion) Page 1 of f Prepared by [he Engineers' Join[ Contract Documents Committee and endorsed by the Associated Ceaeral Contractors of America and the Construction Specifications IusHtute. RAMP RESTORATION FOR THE FISHERS ISLAND FERRY DISTRICT r FISHERS ISLAND NOVEMBER 2012 WAGE RATES r ~i ' N~~ a A Andrew M. Cuomo, Governor 9,s yF' Peier M. Rivera, Commissioner ' NT Town of North Hempstead Schedule Year 2012 through 2013 Maria Gomes, Procurement Supervisor Date Requested 08/24/2012 ' 220 Plandome Road PRC# 2017000823 Manhasset NY 11040 Locadon various ' Project ID# Project Type cesspool cleaning and waste removal ' 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 2012 through June 2013. 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 specfications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidders), 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 /CANCELLATION OF PROJECT Date Completed: Date Cancelled: ' Name & Title of Representative: Phone: (518) 457-5589 Fax: (518)485-1870 W. Averell Haniman State Office Campus, Bldg. 12, Raom 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 pertormance 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 1 Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work pro'ect. 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) famish 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 Departments "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 Departments PW 200 form is provided for that purpose. Both the PW 16 end PW 200 forms are available for completion online. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work pro'ect shall be permitted to work more than eight hours in any day or more than five days in any week, except m cases o~extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a rspensation permilfing workers to work additional hours or days per week on a particular public work project. ' There are very few exceptions tc this rule. Complete Information regarding these exceptions is available on the "4 Day / 10 Hour Work Schedule" fore (PW 30R). ' Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics empoyed 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 pro'ect has not been provided with a PrevaUmg Rate Schedule, the contractor must notify the Department of Jurisdiction Contracting Agency) who in tam 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 Departrnent of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all pdme contractors who in tam 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. H the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.sfate.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 centrector and subcontractor MUST keep original payrolls or transcripts sulucribed and affirmed as true under penally of perjury. Payrolls must be maintained for at least three (3) years from the projects date of completion. At a minimum, payrolls must show the following infomrafion for each~erson employed on a public work project: Name, ' Address, Last 4 Digits of Social Security Number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Dalty and weekly number of hours worked in each ctass' cation. Every contrector 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, subscribbed ' and affirmed as true under penally of perjury. The Department of Jurisdiction (Contrecting Agency) shall collect, review for facial validity, and maintain such payrolls. In addition, the Commissioner of Labor may require contrectors to famish, with ten (10) days of a request, payroll records ' sworn to as their validity and accuracy for public work and private work. Payroll race s 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 contrector 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 ar their subcontrectors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor law. , All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attestlng 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, Artide 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 effectlve 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 Departments attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proppeer dassificaticn to be used, please call the district office located nearest the project. Any errors in the annual determinatlon 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 Juty 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 Deparbnent ® posts rates in its possession that cover periods 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 appropnate July 1st to June 30th time period. Withholding of Payments ' When a complaint is filed with the Commissioner of Labor aliegin~ the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or ' supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including Interest and civil penalty, pending a final determination. When the Bureau of PublioWork finds that a contractor or subcontractor on a public work project failed to pay or provide ' the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Latwr Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officerMUST thertwfthhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to sans the unpaid wages and supplements, inducting interest ' and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment byy the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determinaton of the Commissioner of Labor. The Department of Jurisdiction (Contradirig Agency) shall comply with this order of the Commissioner of Labor or of the ' court with respell to the release of the Tunds so withheld. Summary of Notice Posting Requirements The curent Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather co lions and be titled 'PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) ' inches. The "Public Work Project' notice must be posted at the beginning of the performance of every public work contract, on each job sfte. ' 1 Every employer providing workers. compensation insurance and disability benefits must post notices of such coverage (n ' 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. Apprentices Employees cannot be paid apprentice rates unless they are individualy registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to joumeyworkers in any craft dassificetion can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is pertorming work outside the classificetion of work for which the apprentice is indentured, must be paid the prevailing joumeyworker's wage rate for the classification of work the employee is actualty pertortning. ' 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 tc verify the apprentice registration of any person must do so in writing byy 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 registretion 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, identficetion cards, or copies of state forms is not condusive 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 14a 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 falsfication of payroll records or the kickback of wages or supplements. ' Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine or imprisonment of up to 15 years, or both. ' Discrimination No empbyee or applicant for employment may be discriminated against on account of age, race, creed, color, national ' origin, sex, disability or marital status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work ' to which the employment relates (NYS Labor Law, Article 8, Section 220-e(a)). No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate e( ;;mployee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220- ' 1 The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion. ' There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each ® calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, ArtiGe 8, Section 220~(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 cond'Rions of the anti-discrimination sections of the contract (NYS Labor Law, Article 8, Section 220~(d) ' Every employer subject to the New York State Humam 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 G105.2 (Certificete 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. ' 1 ~ ~I ~ Andrew M. Cuomo, Governor 9,p, ,C' Peter M. Rivera, Commissioner 1 I~NC Town of North Hempstead Schedule Year 2012 through 2073 Maria Gomes, Procurement Supervisor Date Requested 08/24/2012 1 220 Plandome Road PRC# 2011000823 Manhasset NY 17040 1 Location various ' ProjectlDik Project Type cesspool cleaning and waste removal Notice of Contract Award 1 New York State Labor Law, Article 6, 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 1 for Fr4CH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract, enter the required information and 1 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 1~ All information must be supplied _ Federal Employer Identification Number. 1 Name: 1 Address: 1 City: State: Zip: Amount of Contract: Q Contract Type: 1 [ ] (01) General Construction Approximate Starting Date: ~ j [ ] (02) HeatingA/enfilation 1 [ ] (03) Electrical Approximate Completion Date: ~ ~ [ ] (04) plumbing [ ] (05) Other 1 Phone: 518) 4575589 Fax: (518) 485-1870 W. Averell Harriman State Olfice Campus, B dg. 12, Room 130, Albany, NY 12240 1~ www.labor.state.ny.us. PW 16 PWAsk@labor.state.ny.us 1 1 ~ IMPORTANT NOTICE 1 ~ FOR ~ CONTRACTORS & ' CONTRACTING AGENCIES 1 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. 1~ 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 constmction or ' reconstruction contracts, maintenance and repair, and announces the recently-enacted increase to the percentage of the dollaz 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 t construction or reconstruction, maintenance and repair, as defined in subdivision two of Section 220 of the Labor Law. State agencies and public benefit corporations participating ' in such contracts aze 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, maintenance and repair, 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 ofone-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. 1 ' 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 khe appropriate assessment monthly. An agency may then make a determination if any of the billed contracts aze 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 Butau 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: t - Name and billing address of State agency or public benefit corporation; ' - State agency or public benefit corporarion 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 regazding billing should be directed to NYSDOL's Administrative Finance Bureau-PWEF Unit at (518) 457-3624 and any questions regazding Public Work Contracts ' should be directed to the Bureau of Public Work at (518) 457-5589. ~ Construction Industry ~ Fair Play Act 1 Required Posting For Labor Law Article 25-B § 861-d ' Construction industry employers must post the "Construction Industry Fair Play Act" notice in a prominent and accessible place on the job site. Failure to post the notice can result in penalties of ' up to $1,500 for a first offense and up to $5,000 for a second offense. ' The posting is included as part of this wage ' Schedule. Additional copies may be obtained from the NYS DOL website, www.labor.ny.gov. 1 If you have any questions concerning the Fair Play Act, please call the State Labor Department toll-free at 1-866-435-1499 or email us at: dol.misclassified@labor.state.ny.us . 1 1 ' New York State Department of Labor • Required Notice under Article 25-B of the Labor Law ATTENTION ALL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: YOU ARE COVERED BY THE CONSTRUCTION INDUSTRY FAIR PLAY ACT The law says that you are an employee unless: • You are free from direction and control in performing your job AND ' You pertorm work that is not part of the usual work done by the business that hired you AND • You have an independently established business Your employer cannot consider you to be an independent contractor unless all three of these facts ' apply to your work. IT IS AGAINST THE LAW FOR AN EMPLOYER TO MISCLASSIFY EMPLOYEES AS ' INDEPENDENT CONTRACTORS OR PAY EMPLOYEES OFF-THE-BOOKS. Employee rights. If you are an employee: ' You are entitled to state and federal worker protections such as o unemployment benefits, if unemployed through no fault of your own, able to work, and otherwise qualified ' o workers' compensation benefits for on-the job injuries o payment for wages earned, minimum wage, and overtime (under certain conditions) o prevailing wages on public work projects ' o the provisions of the National Labor Relations Act and o a safe work environment • It is a violation of this law for employers to retaliate against anyone who asserts their rights under the law. Retaliation subjects an employer to civil penalties, a private lawsuit or both. Independent Contractors: If you are an independent contractor: ' You must pay all taxes required by New York State and Federal Law. Penalties for paying off-the-books or improperly treating employees as independent contractors: ' • Civil Penalty First Offense: up to $2,500 per employee. Subsequent Offense(s): up to $5,000 per employee. • Criminal Penalty First Offense: Misdemeanor - up to 30 days in jail, up to a $25,000 fine and debarment from performing Public Work for up to one year. Subsequent Offense(s): Misdemeanor - up to 60 days in jail, up to a ' $50,000 fine and debarment from performing Public Work for up to 5 years. ' If you have questions about your employment status or believe that your employer may have violated your rights and you want to file a complaint, call the Department of Labor at 1(886)435-1499 or send an email to dol.misclassifiedCallabor.state.nv.us. All complaints of ' fraud and violations are taken seriously and you can remain anonymous. Employer Name: ' ~A sss iosi~ol 1 1 WORKER NOTIFICATION ~ (Labor Law §220, paragraph a of subdivision 3-a) , Effech've February 24, 2008 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 prevaiding wage rate for their particular job classification on each pay stu~*: It ~1"so~.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.ny.us 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. ' (tt.~q - 1 ~ ~ - ~ ~ ~ ' THIS IS A: PUBLIC WORK ~ PROJECT ' If you are employed on this project as a worker, laborer, or mechanic you are entitled to ' receive the prevailing wage and supplements rate for the classification at which you are working. Chapter s29 of These wages are set by law and must be posted the Labor Laws at the work site. They can also be found at: of 2007: www.labor.nv.gov ' If you feel that you have not received proper wages or benefits, please call our nearest office ' Albany (518) 457-2744 Patchogue (631) 687-4886 Binghamton (607) 721-8005 Rochester (585) 258-4505 ' Buffalo (716) 847-7159 Syracuse (315) 428-4056 Garden City (516) 228-3915 Utica (315) 793-2314 New York City (212) 775-3568 White Plains (914) 997-9507 ' Newburgh (845) 568-5156 ' For New York City government agency construction projects, please contact the Office of the NYC Comptroller at (212) 669-4443, or www.comatroller.nvc.gov -click on Bureau of Labor Law. ' Contractor Name: ' Project Location: PW 101 (12.11) 1 OSHA 10-hour Construction ~ Safe and Health Course - 51537-A ~ tY ~ Effective July 18, 2008 ' 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 only applies to workers , on a public work project that are required, under , Article 8, to receive the prevailing wage. t 1 (03.12) Page 1 of 2 ' ' Where to find OSHA 10-hour Construction Course 1. NYS Department of Labor website for scheduled outreach training at: ' www laborstate ny.us/workerprotection/safetyhealth/DOSH ONSITE 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(a,rit.edu (866) 385-7470 Ext. 2919 www.rit.edu/~outreach/course pho3~CourseID=54 ' Atlantic OSHA Training Center UMDNJ -School of Public Health Piscataway, NJ Janet Crooks Fax (732)235-9460 e-mail: crooksLe(a~,umdni.edu ' (732)235-9455 https://ophro.umdnj.edu/wconnecUShowSchedule awp~-----GROUP~AOTCON~10~ ' Atlantic OSHA Training Center University at Buffalo Buffalo, New York ' Joe Syracuse Fax (716)829-2806 e-tnail:mailto:jaros(a~buffalo.edu ' (716)829-2125 htto://www.smbs.buffalo.edu/CENTERS/trc/schedule OSHA phi Keene State College ' Manchester, NH Leslie Singleton e-mail: lsingletinna,keene. edu ' (800)449-6742 www.keene.edu/courses/nrinUcourses osha cfm ' 3. List of trainers and training schedules for OSHA outreach training at: www.0utreachTrainers.nre (03.12) Page 2 of 2 ® Requirements for OSHA 10 Compliance ' ,...:_w_ Chapter 282 of the Laws of 2007, codified as Labor Law 220-h took 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 cleaz intent of this provision is to require that , all employees of public work contractors, required to be paid prevailing rates, 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 fast listed. Proof of completion may include but is not limited to: • Copies of bona fide course completion card (Note: Completion cards do not have ' an expiration date.) • 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 a ' course is not sufficient proof that the course has been completed. ' Any questions regazding this statute maybe directed to the New York State ' Department of Labor, Bureau of Pubtic Work at 518-485-5696. ® , Page 1 of 1 , 1 WICKS Reform 2008 ' (For all contracts advertised or solicited for bid on or after'?/1108) Raises the threshold for public work. projects subject to the Wicks Law requiring separate specifications and bidding for the plumbing, heating and electrical. work. ' the total project's threshold would increase from $5Q000 to: $3 million in Bronx, Kings, New York, Queens and Richmond counties; $1.5 million in Nassau, Suffolk and Westchester counties; and $500,000 in all other counties. ' For projects below the monetary threshold, bidders must submit a sealed fist naming. each subcontractor for the plumbing,. HVAG and. electrical work and the ' amount to be paid to each. The list may not be changed: unless the public owner finds a legitimate construction need, including a change in specifieationsorcosts or use of a Project Labor Agreement {PLA), and must be open.. to public. ' inspection: r Allows the state and local agencies and authorities to waive the Wicks Law and use a PLA if it wiA provide the best work at the lowest passible price. If a PLA is ' used, all contractors shall participate in apprentice training programs in the trades. of work it employs that: have bean appmvod by the Department of Labor (DOL} for not less than three. years. They shall also. have at least one graduate in the last three years and use affirmative efforts to retainminority apprentices. PLA's would be exempt from Wicks, but deemed to be public work subject to prevailing. wage enforcement. ' The Commissioner of Labor shall have the powerto enforce separate specification requirements on projects, and may issue stop-bid orders against public owners for non-compliance. r Other new monetary thresholds, and similar sealed bidding for non-Wicks i projects, would apply to certain public authorities including municipal housing authorities, NYC Construction Fund, Yonkers Educational Construction Fund„ NYC Municipal Water Finance Authority, Buffalo Municipal Water Finance ' Authority, Westchester County Health Care Association, Nassau County Health Care Corp., Clifton-Fine Health Dare Corp.,. Erie County Medical Center Corp., NYC Solid Waste l4tanagement Facilities, and the Dormitory Authority. • Reduces from 15 to 7 days the period in which contractors must pay subcontractors. 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. Do not write in any additional Classifications or Counties. ' (Please note :For each Job Classification check the individual wage , schedule for specific details regarding their 4/10 hour day posting.) ' PW30R-Notice (03.11) NYSDOL Bureau of Public Work 1 of 1 t ® ' 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): ' Contractor Information: • Enter the Legal Name of the business, FEIN, Street Address, City, State, Zip Code; the Companys 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 (PRCfJ) 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 it2, Smithtown,NY; ' Bldgs. 1 & 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 lob Classifications that apply """Do not write in any additional Classifications or Counties. ' Reguestor 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- BIdg.12- Rm.130, Albany, NY 12240 -OR- • Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518)485-1870 PW30R-Inrtructlons (03.11) - NYSDOI Bureau of PuWk Work 1 of 1 1 N New York State Department of Labor Bureau of Public Work ' • W. Averell Harriman State Office Campus Building 12 -Room 130 G Albany, New York 12240 ' Phone - (518)457-5589 Fax - (518) 485-1870 Before completing Form PW30R check to be sure t 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 / Countles where the work will take place. , Please Type or Print the Requested Information When completed ' Mail to NYSDOL Bureau of Public Work, SOBC, Bk1g. 12, Rm.130, Albany, NY 12240 Fax to NYSDOL Bureau of Public Work at (518)4851870 Company Name: FEIN: ' Address: City: State: Zip Code: ' Phone Number Fax Number. Email Address: 1 Contact Person: Phone No: Fax No: Email: , Project PRC#: Project Namelfype: Exact Location ' of Project County: (tiyou are Subcontractor) Prime Contractor Name: ' Job Classifications)toWork4/tOSchedule: (ChoosecllthataQp/yonJobUassificationCheckllst-Pages2&3) a"'Do not write in any addltioncl Classlflcatlons orCounties*" Name: Title: Date : ' ® Pw-aart (oa nz> 1 ore Job Classification Checklist ' (Place a checkmark by all classifications that will be using the 4/10 schedule) ® Do not write in any additional Classifications or Counties*** Albany, Fulon, Greene, Montgomery, Rensselaer, Schenectady, ? Carpenter-Building 370 Schohane m';;.. +N z Carienter BUlkiing 37022; Hainiffon, Warren, Washington. " ^ x ~ Carpenter-Building 37023 Saratoga Catp,F,trter Heavy&Highway;: 3705aratoga.' Samtoga..°`~ ' . x Carpenter-Heavy&Highway 370/1042H/H Clinton Essex, Franklin, Hamihon Carpenter-Building 85 LMngston, Monroe, Ontario, Wayne, Wyoming ~ i,., ~ 2846;,° 'CaYUJ~.S`ene~a.Yates,.~ ~p ,.x, Carpenter-HeavyMighway 287HH Cayuga, Seneca, Yates ` k ~ ' Carpenter-Buikling/Heavy&Highway 9 Erie, Cattaraugus .k ..,u Carpenter-Builing 66 Allegany, Chautauqua, Cattaraugus t ~ Carpenter-Building 277 JLS Jefferson, Lewis, St Lawrence Carpenter-Building 2770n Onondaga .v+~-x,u. ">'P"=i- , m" ~ -d a . i a ret „ " s„s ~ , s p _ Bu{f~`Cn r:~~ ~ 27Y t~~, m,.>. OSweSdr~:~*`^" ~~t t,f, _,r d s..~,aW ;:4 ~ s r^~t..~.'. . ,:...r 'c. ,n.. x Carpenter-Heavy/Highway 277h CST Cortland, Schuyler, Tompkins ; _ Ca' "n?~ /HIJrIW?` v~,'~„ 277~1J(.$~.'r ' IcffeFsbn; LeWFS, ~t,LaWrEnf~'' '*r' ta r A`q-....~ ~ s a 4 Carpenter-Heavy/Highway 277h On Onondaga ' `"n ~a°s'-,. r3 a~ F'; s, ,s=~~=a. ~'r~..~ "~S .s`. ~4 a ',n„ v~,L+~"a '~a ~'.ts e ~ ~ 9h~YXal*~,` ."277~~:C(ietian9~"DRf ?~{~p~.r'"',~-4N~~„,~~ x~ rid`,, 'a Carpenter-Heavy/Highway 277oneldah Herkimer, Madison, Onekia ~ "c: , ~~.0 ~ Grp i.-'s rv+' _i+'S ' ElectricWn 25m Nassau, Suffolk w n s.- ' ' "'Q ~ n ~ 840Teledata ? Electrkian and 840 Zd Cayuga, Onondaga, Ontarb, Seneca, Wayne, Yates ' PW30R (08-72) NYSDOL Bureau of Publb Work 2 of 4 Job Classification Checklist , (Place a checkmark by all classifications that will be using the 4/10 schedule) ' Do not write in any additional ClasslBcatlons orGounties*** FJecMclan 86 Genesee,LNingsron,Monroe,Ontarb,Orleans,Wayne,Wyoming ~ ' EktitrkWn Lineman t049LIndGas Nassau, Suffolk ' ColumbW, Delaware, Dutchess, Greene, Orange, Putnam, Rockland, ? ' Elevator Construtor 138 Sullivan, Ulster, Westchester Chemung, LNlrgsron, Monree,Ontarb, Schuyler, Seneca, Steulien, ~ ? ' Elevaror Constructor 27 Wayne, Yates za - , t~,° Bmome,CayugayChenang0.Cotdand.Deta~ware,letfersom,LewLS, ~ y11+1{, EleYatorCOn'sductor- ~},62.t~'~ Madiwn,Onelda,pnondaga,Oswego, StLawrente,Tioga,Tompklns~~ ' 9lJsgin)451~ Glazier ~ 65or QWvomlrw Glaziers-~~~ _ ~~~b67.Z-2 ~ Cayuga,Cortland,NerklmerMsdison,OneWa,Onondaga,Osw ~o eg Glazier 667r1 Cayuga: Cordaid, Flerklmer,~Nlad6orr, Onekla, Onondaga, Oswego h ® PWJOR (08 -12) NYSDOL Bureau of PuMk; Work 3 of 4 ' _ ' Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) `""Do not write in any additional Classifications orCounties*"" ' Allegany, Broome, Cattareugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Cortland,Delaware, Essex, Franklin, Genezee, ? Jefferson, Lewis, LNingston, Monroe, Onondaga, Ontario, Orleans, Laborers -Residential Oswego, Schuyler, Senec/ St Lawrence, Steuben, Tloga, Tompkins, Deconstruction, Demolition 601 Warren, Wayne, Wyoming, Yates t r- ~ ~ a , t sue" r t u 3 x x. U n~ , Laiiroier Burl~in _ 6Yl h pRe~anfr, Cjti8ia~9u~ C~au~a~gUa~~'~~ x ` g Laborer Residental 621r Allegany, Cattareugus, Chautauqua ? Operating Engineer - ~ - _ ~ Allegany, Chemung, Genesee, Lh4ngston, Monroe, Ontario, ? Heavy& Highway 832H Schuyler, Steuben, Wayne, Yates Painter 1788 Broome, Chenango, Tioga PatlrG~.,v' , { . z .t„~ 1714IC` Chemt/~~ Sc~Lyler ~be > "g 3, ~ .2. Painter 178 O Delaware, Otsego ? ~ - x Painter 38.0 ~ Oswego ? . mod: ~ Painter 4Jamestown Cattaraugus, Chautauqua ? - (a A ~ Sheetmetal Worker 46 LWingston, Monroe, Ontario, Seneca, Wayne, Yates _ ~ ? cros.. , n Allegany,Cayuga,Cortland, Seneca, Steuben, Tompkins, Wayne, ? Teamster Heavy&Highway 317a.hh Yates ,u.. ~ ~ . ~ ~ Teamster Building/Heavy&Highway 456 ~ Putnam, Westchester ? ' ~ PW-30R (08 -12) NYSDOL Bureau of Public Work 4 of 4 Prevailing Wage Rates for 07/01!2012 - 08I30I2013 Published by the New York State Department of labor , Las! Published on Od 01 2012 Introduction to the Prevailing Rate Schedule , ® Information About Prevailing Rate Schedule This information is provided m assist you in the interpretation of partialar requirements for each dassficetion of worker wntained In the , attached Schedule of Prevailing Rates. Classiflptlon , It is the duty of the Commissioner of Labor to make the proper dassificetion of workers taking into account whether the work is heavy and highway building, sewer and water, tunnel work or residential, and to make a determination of wages and supplements to be paid or provided. h is the responsibility of the public wodc contrector to use the proper rete. If there is a question on the proper dassificetion to be used, please call the district office located nearest the project. District office krcations and phone numbers are listed bebw. ' Prevailing Wage Schedules are issued separately for "General Construction Projects' and "Residential Construction Projects" on a ceunty- by-county basis. General Construction Rates apply to projects such as: Buildings, Heavy 8 Highway, and Tunnel and Water & Sewer rates. Residential Construction Rates generally app!y to construction, reconsWdion, 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 ConsWction Rate Schedule have a very limited applicebility listed along with the rate. Rates for occupations or locations not shown on the residential schedule must be obtained from 8ta General Construction Rate Schedule. Please ' 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 perform work. If an empplo ' works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actua II y performed. Overtime 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 anyy workweek is ' overtime. However, the specific overtime requirements for each trade or occupation on a public work project may differ. Speafic overtime requirements for each trade or ocrxrpation 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 • actually performs work on such holidays. ' The ap iceble holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVER IME PAY section listings for each dassfication. 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 assificetions require the payment or provision of suppplements for each hour paid (inducting paid holidays on which no work is performed) and/or may require supplements to be paid or prowded at a premium rate for premium hours worked. Effective Dates When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are Ste dates for which a given set of retes is effective. The rate listed is valid until the next effective rate change or until the new annual , determination which Takes effect on July 1 of each year. All centractors and subcentractors are required to y the current prevailing rates of wages and supplements. If yyou have any questions please contact the Bureau of Public Work or visit the New York State Department of Labor website (www.labor.state.ny.us) for current wage rate information. Apprentice Training Ratios ' The following are the allowable ratios of registered Apprenfices to Journey-workers. For example, the ratio 1:1,1:3 indicates the allowable initial ratio is one Ap ce to one Joumeyworker. The Joumeyworker must be in place on Ste project before an Apprentice is allowed. Then three addi8onal Joumeyworkers are needed before a second Apprentice is ~ ' allowed. The last ratio repeals indefinitely. Therefore, three more Joumeyworkers must be present before a third Apprentice can be hired, and soon. Please call Apprentice Training Central Office at (518) 457~820'if you have any questions. Title (Trade) Ratio 1 Balertnaker (Construction) 1:1,1:4 Boilermaker (Shop) 1:1,1:3 Carpenter (Bldg.,H&H, Pile DriverlDockbuilder) 1:1,1:4 Carpenter (Residential) 1:1,1:3 Electrical (Outside) Lineman 1:1,1:2 Page 1 Prevailing Wage Rates for 07/01!2012.06/30/2013 Published by the New York State Department of Labor Last Published on Od 01 2012 ' Electrician (Inside) 1:1,1:3 ElevatorlEscalator Construction & Modernizer 1:1,1:2 Glazier 1:1.1:3 Insulation 8 Asbestos Worker 1:1.13 Iron Worker 1:1,1:4 Laborer 1:1,1:3 Mason 1:1,1:4 Millwright 1:1,1:4 Op Engineer 1:1.1:5 Painter 1:1,1:3 Plumber 8 Steamfitter 1:1,1:3 Roofer 1:1,12 Sheet Metal Worker 1:1,1:3 Sprinkler Fitter 1:1,12 If you have any questions concerning the attached schedule or would like additional information, please cooled the nearest BUREAU of PUBLIC WORK District Oise or write to: ' New York State Depar6nent of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 - District Office Locations: Telephone # FAX # Bureau of Public Work -Albany 518457-2744 518-485-0240 Bureau of Public Work -Binghamton 607-721-8005 607-721-8004 ' Bureau of Public Work -Buffalo 716-847-7159 716-847-7650 Bureau of Public Work -Garden City 516-228-3915 516-794-3518 Bureau of Public Work -Newburgh 845-568-5287 845-568.5332 Bureau of Public Work -New York City 212-775-3568 212-775-3579 Bureau of Public Work- Patchogue 631-687-4882 631-087-4904 Bureau of Public Work -Rochester 585-258-4505 585-2584708 Bureau of public Work - Syrecuse 315428-0056 315-4284671 ' Bureau of Public Work -Utica 315-793-2314 315-793-2514 Bureau of Public Work -White Plains 914-997-9507 914-997-9523 Bureau of Public Work -Central Office 518-457-5589 518-485-1870 ' Page 2 Prevailing Wage Rates to 0710120 7 2 - O6I302013 PubGShed by the New York State f7aparbnent of Labor ' Last Published on Od 01 2012 Nassau County Nassau County General Constlvctton , JOB DESCRIPTION Asbestos Worker DISTRICT 4 ' ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2012 Abestos Worker $40.95 Removal & Abatement Only NOTE: `On Mechanical Systems that are NOT to be SCRAPPED. ' SUPPLEMENTAL BENEFITS Per Hour. Abestos Worker $8.25 ' Removal & Abatement Only OVERTIME PAY See (B, B2, `E, J) on OVERTIME PAGE ' Hours worked on Saturdays are paid at time and one half only if forty hours have been worked during fhe week. HOLIDAY Paid: See ((1) on HOLIDAY PAGE Overtime: See (5, 6, 8) on HOLIDAY PAGE ' REGISTERED APPRENTICES Apprentice Removal & Abatement Only: 1000 hour terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 78°h 80% 83% 89°h ' SUPPLEMENTAL BENEFIT Per Hour. , Apprentice Removal & Abatement $8 25 412a Removal Only ~ . n. . ~ ':'r:~+ . t_ V~ ~;,~x , ;~~?sa~ .~';f 1Q/~It/2bi JOB DESCRIPTION Boilermaker DISTRICT 4 ' ENTIRE COUNTIES Bmnx, Dutchess, Kings, Nassau, New Yak, Orange, Putnam, Queens, Richmond, Rodciand, Suffolk, Sullivan, Ulster, Westchester WAGES ' Per Hour. o7ro12o12 Boilermaker $ 47.98 , Repairs & Renovations $ 47.98 SUPPLEMENTAL BENEFTS Per Hour. ' 07/012012 Balermaker 33°k of hourly ' Repairs & Rerwvations Wage Paid ® + $22.25 NOTE:'Houdy Wage Paid'shall indude any and all premium(s) pay. ' Page 3 Prevailing Wage Rates fa 07/012012 - 06/30/2013 Published by the New Vodc State Department of Labor Last Published on Ocl 01 2012 Nassau County Repairs 8 Renovation Includes replacement of parts and repairs & renovation of existing unit. OVERTIME PAY ' OVERTIME PAY See (D, O) on OVERTIME PAGE 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. "Boitermarker gets 4 times the hourly wage rate for working on labor Day. "'Repairs & Renovation see (B,E,O) on HOLIDAY PAGE ' HOLIDAY REGISTERED APPRENTICES 'REGISTERED APPRENTICES (12) Year Tertns at the following pecentage of Boilermaker's Wage 1st 2nd 3rd 4th 5th 6lh 7th 8th 65% 65°h 70% 75% 80% 85% 90% 95% Supplemental Benefits Per Hour: 071012012 Apprentice(s) 33% of Hourly Wage Paid plus amount below ' 1st 2nd 3rd 4th 5th 6th 7th 8th $17.41 $18.10 $16.79 $19.48 $20.17 $20.86 $21.55 $22.25 NOTE: "Howdy Wage Paid" shall includ any and all premium(s) 4-5 JOB DESCRIPTION Carpenter DISTRICT 9 ' ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/0112012 Piledriver $ 46.74 Dockbuilder $ 46.74 SUPPLEMENTAL BENEFITS Per hour paid: ' Joumeyworker $ 42.45 OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOIDAY 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 houris Pecentage of Joumeyworkers Wage (1 )year terms: 1sL 2nd. 3rd. 4th. Page 4 Prevailing Wage Rates for 07/01!2012 -06130/2013 Published by the New York State Department of Labor Last Published on Od 01 2012 Nassau County 40% 50°~ 85°k 80% , Supplemental benefits per hour. Apprentices $ 27.77 8-1456 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester , WAGES Per hour. 07/01/2012 Carpet/Resilient ' Floor Coverer $ 45.34 INCLUDES HANDLING 8 INSTALLATION OF ARTIFICIAL TURF AND SIMILAR TURF INDOORS/OUTDOORS. SUPPLEMENTAL BENEFITS ' Per hour paid: Floor Coverer $ 38.58 OVERTIME PAY See (B, E, D) on OVERTIME PAGE HOLIDAY Paid: See (18, 19)on HOLIDAY PAGE. - Paid: for 1st 8 2nd yr. , Apprentices See (5,6,11,13,16,18,19,25) Overtime: Sea (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. ' REGISTERED APPRENTICES Wage per hour is Pecentage of Joumeyworkers Wage (1)yeartenns: , 1st. 2nd. 3rd. 4Th. 40% 50°h 65% 80% ' Supplemental benefits per hour. Apprentices $ 25.83 i 9.2287 @ ~ ayr~~ .~~,i#~~s".a-'C~.~ M t,,;"~ +,.~,;;y~ t.~'~.t°.: ~fir~s . r':~~'a~~.u,,'~` ~~"a~-..~.~°c`~f 11trjQ"~.,. y JOB DESCRIPTION Carpenter DISTRICT 9 @ ' ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per Hour. 07/01/2012 Marine Construc8on: Marine Diver $ 58.95 ' M.D.Tender 42.10 SUPPLEMENTAL BENEFITS ' Per Hour Paid: Journeyman - $ 42.37 _ OVERTIME PAY , See (B, E, F2, Q) on OVERTIME PAGE Page 5 1 Prevailing Wage Rates (or 07/01/2012 - 06/30/2013 Published by the New York State Department of Labor last Published on Ocl Ot 2012 Nassau County t HOLIDAY Paid: See ((18 19) on HOLIDAY PAGE Overtime See (5 6 10 11, 13 16 18 19) on HOLIDAY PAGE 9-1456MC x C~li1f 1et"^~ ~`.~~`~'s_,r:,. fs P ' a = `10/Qt/2412: ' JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES ' Per hour: 07101/2012 Building Millwright $ 47.86 ' SUPPLEMENTAL BENEFITS Per hour paid: ' Millwright $44.75 OVERTIME PAY See (B, E, 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 is Pecentage of Joumeyworkers wage (1) year terms: 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% Supplemental benefits per hour: ' (1)year terms: 1st. 2nd. 3rd. 4th. $28.19 $31.29 $35.51 $40.62 ' 9-740.1 4-`,'4k'6J2~~3,x +§t+'.,4n,"fiii;trv~"rK~if#-'kT ~~x,«: lG.-'a°_',w,2~~3!~ fi'',*. ~~'S~".';a~ ~ '~`~A~4 ~_:~X~~?„k JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, queens, Richmond, Suffolk, Westchester ' WAGES Per Hour. 07/01/2012 Timberman $44.03 ' SUPPLEMENTAL BENEFITS Per Hour: 07/01/2012 I $ 40.62 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19) on HOLIDAY PAGE. Page 6 Prevailing Wage Rates for 07/01Y101 2 -06130/2013 PubAshed by the New Yodk State Department of labor Last Published on Oct 01 2012 - Nassau County Paid: for 1st & 2nd yr. Apprentices Sea (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 is Pecentage of Joumeymans Wage. (1) year terms: , 1st 2nd 3rd 4th 40% 50% 65% 80% Supplemental benefits per hour: Apprentices $ 25.14 9-1536 JOB DESCRIPTION Carpenter DISTRICT 9 , ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchester PARTIAL COUNTIES ' Orange: South of but incuding the following, Watedoo Mills, SlateHill, New Hampton, Goshen, Blooming Grove, Mountainville, east to the Hudson River. Pufnam: South of but including the following, Cold Spring, TompkinsComer, Mahopac, Croton Falls, east to Conneciwt border. Suffolk: West of Port Jefferson and Patctoque Road to Route 112 tothe Atlantic Ocean. WAGES , Per hour. 07/01 /2012 Core Drilling: i Driller $ 35.46 , Assistant Driller $ 28.89 Note: Hazardous Waste Pay Differential: , For Level C, an additional 10% above wage rate per hour For Laval B, an additional t 0% above wage rate per hour For Level A, an additional 10% above wage rate per hour Note: When required to work on water. an additional $ 0.50 per hour. , ' May be allocated between wages and benefits. SUPPLEMENTAL BENEFRS Per hour paid: , Driller $17.52 Asst driller 17.52 OVERTIME PAY ' OVERTIME: See (B,E,K',P,R") on OVERTIME PAGE. HOLIDAY HOLIDAY: , Pa(d: See (5,6) on HOLIDAY PAGE. Overtime: 'See (5,6) on HOLIDAY PAGE. "See (8,10,11,13) on HOLIDAY PAGE. Assistant: One (1) year increments at the following percentage of Assistant , wages. This is not an apprenticeship for Driller. 1st Year 2nd Year 3rd Year 4th Year 70% 80% 90% 100% 9-1536-CoreDriller ® ~G _J^~..;y ki,~ '.+r%=~" ~~a.,~ 'bti;Y. ~?+--1'.R ~y,~y;, 3 ,a$a ^;a%i~ a -'a %1~' 'i JOB DESCRIPTION Carpenter DISTRICT 9 Page 7 ' Prevailing Wage Rates for 07/0112012 - 06130/2013 Published by the New York State Department of Labor Last Published on Oct Oi 2012 Nassau County ' ENTIRE COUNTIES ® Bronx, Kings, New York, Putnam, Queens, Richmond PARTIAL COUNTIES Nassau: That portion of the county that lies west of Seaford Creekand southof the Southern State Parkway. WAGES Per hour: 07/01/2012 ' Show ExibiU Carpenter $ 46.15 SUPPLEMENTAL BENEFITS Per hour paid: Show ExibiU Carpenter $ 38.58 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE ' HOLIDAY Paid: See (18,19) on HOLIDAY PAGE. Paid:for 1st 8 2nd yr. Apprentices See (5,6,11,13,16,18,19,25) Overtime: See (5,6,11,13,16,18,19,25) an HOLIDAY PAGE. REGISTERED APPRENTICES 1 Wages per hour is Pecentage of Joumeyworkers Wage (1) year terms: 1st. 2nd. 3rd. 4th. ' ~ 40% 50% 65% 80% Supplemental benefits per hour. Apprentices $ 25 83 9-EXHIB ~3~ ~~~liiltlitl~T H~'aiitV>~iHlaiiGie~+~*-x ~ii'c~~~~=a*,`,r~ , ~MU' ,y °i r,,,~, ~ r t eL'' 'l0/0'~/~'f JOB DESCRIPTION Carpenter- Building /Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, {tangs, New York. Queens, Richmond ' PARTIAL COUNTIES Nassau: Work preformed south of the Southern State Parkway and west of the Seaford Creek. WAGES Per hour. 07/01/2012 ' Building: Carpenter $46.15 HeavyBHighway: ' Carpenter $54.12' 'Premium pay calculated on hourly wage of $46.74; the balance ($7.38) paid at straight time. SUPPLEMENTAL BENEFITS Per hour paid: Building: Carpenter $ 38.50 ' Heavy&Highway: Carpenter _ $ 3q.gg OVERTIME PAY See (B, E, E2, O) on OVERTIME PAGE Page 8 Prevailing Wage Rates far 07I01YL012 - 06/30!2013 Publshed by the New York State Deparhnent of Labor , Last Published on Od 01 2012 Nassau County HOLIDAY ' ® Paid: See (18,19) on HOLIDAY PAGE. Paid: for 1st 8 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 ' Wage per hour. (1)year terms: 1st 2nd 3rd 4th , Building 40% 50% 65% 80% Heary&Highway' 40% 50% 659'° 809'° 'Wage calculations to be based off an hourly wage of $46.74 , Supplemental benefits per hour for all Apprentices: Building $ 25.75 Heavy 8 Highway 27.69 , 9-NYC JOB DESCRIPTION Carpenter- Building /Heavy&Highway DISTRICT 4 ' ENTIRE COUNTIES Suffolk PARTIAL COUNTIES ' Nassau: Work performed "North of Southern State Parkway and East of Seaford Creek" WAGES Per Hour: ® 07/01/2012 07/01/2013 ' Carpenter 'Additional (Building) $45.21 $1.66/Hr Carpenter , (Heavy Highway) $45.21 ' To be allocated to ' Wages or Benifits (ALL Carpenters) SUPPLEMENTAL BENEFRS Per Hour: ' Both Carpenter Categories $28.51 OVERTIME PAY , See (B, E, O) on OVERTIME PAGE HOLIDAY Paid: See 1) on HOLIDAY PAGE Overtime: See 5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(1) Year Terns at the following: Per Hour. 1st 2nd 3rd 4th , $15.17 $20.86 $24.65 $28.45 Supplemental Benefits ' ® Per Hour. All Terms $17.45 4-Reg.Council NasslSuff Page 9 ' Prevailing Wage Rates for 07/012012 - 06/30/2013 Published by the New York State l7epartrnent of Labor last Published on Oct 01 2012 Nassau County JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. 07/01/2012 ' Tree Trimmer/ Line Clearance Specialist $28.63 NOTE: This Rate Applys For ElecUical line Clearance and Long Island Rail Road Right of Way(s) ONLY. SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS ' Per Hour: Tree Trimmarl ' Line Clearance Specialist $13.00 OVERTIME PAY See (B, E,'K, P) on OVERTIME PAGE 'K: Plus the Holiday Pay HOLIDAY Paid: See (5. 6, 8, 16, 23, 24, 25, 26) on HOLIDAY PAGE Overtime: See (5, 6, 8, 16, 23, 24, 25, 26) on HOLIDAY PAGE 4-1049/Tree ' Ereciif~~~` ,~~°~t k~. _ _ + ~bloirzti~ii JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. ' 0710112012 ElectricianlWireman $47.95 HVAC Controls $47.95 1 Fire Alarms $47.95 SUPPLEMENTAL BENEFITS Per Hour. ' Electrcian/Wireman 16.0%of Hourly (all categories) Wage Paid + $23.90 NOTE: 'Hourly Wage Paid' shall include any and all premium[s] OVERTIME PAY See (B, E, E2, O, V) on OVERTIME PAGE 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 Percetage of Joumeyman(s) Wage: ' Apprentices with start dates PRIOR TO 101022010: 1st 2nd 3rd 4th 5th 6th 35% 40% 45% 50% 60% 70% ' Apprentices with start dates AFTER 1 010 212 01 0: 1st 2nd 3rd 4th 5th 6th ® 35% 40% 45% 55% 65% 75% SUPPLEMENTAL BENEFITS Per Hour. 0710112012 Page 10 Prevailing Wage Rates for 07/01 Y1012 -06130/2013 Published by the New York State Departrnent of Labor , Lasl Published on Od 01 2012 Nassau County Start Date Prior to 1 0/0 212 0 1 0 Start Date After 1 0/0 212 01 0 1st Term 3°h of Houdy 3% of Hourly ' Wage Paid + - Wage Paid + $4.73 $3.01 2nd Tenn 3% of Hourly 8% of Hourly Wage Paid + Wage Paid + , $7.00 $4.42 3rd Tenn 16% of Hourly 9% of Houdy Wage Paid + Wage Paid + , $1a.n $s.a7 4th Tenn 16% of Houdy 10% of Hourly Wage Paid + Wage Paid + ' $11.96 $7.61 5th Term 16%of Houdy 13%of Hourly Wage Paid + Wage Paid + , $14.34 $11.30 6th Tenn 16% of Hourly 14% of Hourly Wage Paid + Wage Paid + $16.73 $17.73 Hourly Wage Paid Shall Indude Any and All Premiums 4-25 , JOB DESCRIPTION Eledrician DISTRICT 4 , ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 0 7101 /2 01 2 ' Telephone & Interpreted Tele- $ 35.45 Data Sytems , Eleddcian This rate Gassificefion applies to ALL Voice, Data R Video work.: Exduding Fire Alarm Systems and Energy Managment Systems (HVAC t Controls), in those cases the regular Electridan rate applies. To ensure proper use of this rate please call Nassau Offices at (516)228-3915 or Suffolk Offices at (631)6874882. SUPPLEMENTAL BENEFRS Per Hour: ' Tala-data Eledrician 16% of Houdy Wage Paid + $15.93 , NOTE: "Hourly Wage Paid'shall Indude any and all premium(s) pay OVERTIME PAY ' OVERTIME PAY See (B, E, E2, O) on OVERTIME PAGE OVERTIME PAY See (B, E, E2, O) on OVERTIME PAGE ' HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See 2, 17, 20, 21) on HOLIDAY PAGE 4-25tela Page 11 Prevailing Wage Rates for 07101 Y1012 -06/30/2013 Published by the New York State Department of Labor Last Published on Od 01 2012 Nassau County JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2012 Electrcian Electrical Maintenance $39.20 "PLEASE NOTE" Applicable to "EXISTING ELECTRICAL SYSTEMS' including, but not limited to TRAFFIC SIGNALS 8 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 thm Thursday, with one-half (1/2) hour allowed for a lunch period. NOTE - In order to use tl1e'4 Day/10 Hour Work Schedule; you must submit an'Employer Registretion 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: t Electrcin 12°h of Hourly Wage Paid + $15.52 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, 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(1) Year Term(s) at the following Percentage ' of Joumeyman(s) Wage: 1st 2nd 3rd 4th Sfh 40% 50% 60% 70% 80% r Supplemental Benefits Per Hour: 0 7101 /2 01 2 ' 1st Tenn 12% of Houdy Wage + $ g.65 2nd Term 12% of Hourly Wage + $10.54 3rd Terrn 12% of Hourly ' Wage + $11,45 4th Term 12°k of Hourly Wage + $12.34 ' 5th Tertn 12% of Hourly Wage + 13.23 NOTE: "Hourly Wage Pard' shall include any and all premium(s) pay 4-25m Eleattlciarr , ; _ ~ , ~ ~ . ' x a. _ , iola~fitio JOB DESCRIPTION Electrician DISTRICT 4 Page 12 i Prevailing Wage Rates for 07101/2012 - 06/3012013 Published by the New York State Department of Labor Last Published on Od 01 2012 Nassau County ENTIRE COUNTIES ' ® Nassau, Suffolk WAGES Per Hour: ' 07/01/2012 Electrician Pump 8 Tank $40.05 SUPPLEMENTAL BENEFITS , Per Hour. Electrician Pump 8 Tank 65.75% , of'Wage Paid 'Wage Paid includes any and all Premiums ' OVERTIME PAY See (B, E, O) on OVERTIME PAGE HOLIDAY , Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1 Year Terms at the Following: Per Hour: 1st Tenn $14.02 , 2nd Tenn $16.02 3rd Term $18.02 4th Terrn $20.03 ® 5th Term $26.03 ' 6fh Tenn $30.04 SUPPLEMENTAL BENEFITS Per Hour: ' All Terms 65.75% of'Wage Paid 'Wage Paid includes any and all Premiums 4-25 Pump & Tank F 1ii~.+~~tY'L'U"'iama _ ~ a~P~'~ ~1°'~,+?''`*~a~ +~"10~0~[Z01'~ , JOB DESCRIPTION Electrician Lineman DISTRICT 4 ENTIRE COUNTIES ' Nassau, Oueens, Suffolk WAGES For Utility Distribution 8: Transmission Line ConsWction: Per Hour: 07/01/2012 , LinemaNSplicer $ 47.13 Material Man $ 41.00 ' Heavy Equip. Operetor $ 37.70 Groundman $ 28.28 Flagman $ 21.21 For Natural Gasline ConsWction: t Per Hour: Journeyman U.G.Mech. $ 39.45 , Page 13 ' Prevailing Wage Rates fa 07/01 /2012 - O6I30/2013 Published by the New York State Department of Labor Last Published on Oct 01 2012 Nassau County "IMPORTANT NOTICE -EFFECTIVE 04/01/2009 " Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. NOTE - In order to use the'4 Dayl10 Hour Work Schedule; you must submit an'Employer Registration far Use of 4 Day/10 Hour Work Schedule,' form PW30R; additionally, there must be a dispensa8on of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: Utility Distribution & Transmission Line Construction: All Classifications 22.5% of Hourly Wage Paid + $13.04 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay Natural Gasline ConsWction: Pet Hour. Journeyman U.G.Mech. $ 18.71 OVERTIME PAY See (B, E, O) on OVERTIME PAGE ' OVERTIME for Natural Gas Mechanic:(B,G,P) HOLIDAY Paid: See (1) on HOLIDAY PAGE ' Overtime: See (5, 6, 8, 16, 23, 25, 26) on HOLIDAY PAGE Same as Above for natural Gas Mechanic. REGISTERED APPRENTICES 1000 hour Terms at the following Percentage of Journeyman's Wage. 1st 2nd 3rd 4th 5th 6th 7th 60% 65% 70% 75% 80°h 85°h 90% ' SUPPLEMENTAL BENEFIT: All Terms 22.5% of Houdy Wage Paid + $13.04 Natural Gas Mechanic: $16 71 4 1049 Line/Gas s,. ~'~~i" ~k''-~`~i,r ~ ,.`"~'x rc~ `~",~c:'~..a-°,,.'i~~3~~'~.. ~ '1~'3"„~'.,*~.w.n,°„`':s;<`3"x,'-iii ~+:`'1~~/~~ E Ve~oi'CanS~t`11ICfd'r'. , emu. c ' JOB DESCRIPTION ElevatorConsWctor DISTRICT 4 ENTIRE COUNTIES Bronx, IGngs, 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. Kiscc, North Salem, Pound Ridge, Somers and Yorktown. WAGES Per hour. 07/01/2012 03/17Y1013 Elevator Constructor $55.20 $57.01 ' Modernization 8 $43.79 $45.14 ® Service/Repair ' SUPPLEMENTAL BENEFTS Per Hour. Page 14 - ~ Prevailing Wage Rates for 07I01/2012.O6I3012013 Published by Me New York State DepartrneM of labor , last Pubished on Oct 01 2012 Nassau County "PECTENTAGES BASED ON YEARS OF EMPLOYMENT AS FOLLOWS BELOW: ' ® 4%-Up to 5 years 6%-6fh year to 15 years 8%-15 years or more 07/01/2012 03/17/2013 Elevator Constructor $26.54 $28.04 plus"% plus"% ' of wage of wage per Hour per Hour Modernization & $26.39 $27.89 ' Service/Repair plus°O~ plus"% of Wage of Wage per Hour per Hour OVERTIME PAY , ConstucOr. See (D, O) on OVERTIME PAGE. Modem./Service See (B, H) on OVERTIME PAGE. , HOLIDAY Paid: See ((5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ' WAGES PER HOUR: BASED ON PERCENTAGE OF JOURNEYMANS WAGE IN THE CLASSIFICATION WORKED EITHER ELEVATOR CONSTRUCTOR OR MODERNIZATION,SERVICR/REPAIR ' 1 YF_P,R TERMS 1st Tenn 2nd Tenn 3rd Tertn 4th Term ® 50% 55% 65% 75% SUPPLEMENTAL BENEFITS 07/01/2012 03/1712013 ' Elevator Constructor 1 st Tenn $24.00 $25.41 2nd Tenn $24.50 $25.92 3rd Tenn $25.51 $26.97 , 4th Term $26.53 $28.01 Modernization & Service/Repair ' 1st Tenn $23.69 $25.10 2nd Tenn $24.17 $25.58 3rd~Tertn $25.12 $26.56 4th Term $26.06 $27.54 , 4-1 ti ~ _ ~-bw~tt s.3. ~ s"x~xc:- ,z r m ixt ~ C 7"-- .s w r5-n ±v ~ .«s'r xi ,.t a~~4 ~ _sRx i ^~~.a r# x -ns~ a,.~.,-r~:~.a Pik'-?x d ~4*sg s'N:iN, t, i 'I~ro'(~~'~~~-' JOB DESCRIPTION Glazier DISTRICT 9 , ENTIRE COUNTIES Bronx, Dulchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Roddand, Sutfdk, Sullivan, Ulster, Westchester WAGES ' Per hour. 07/01/2012 11/01/2012 05/01/2013 Additional Glazier $ 47.75 $ 48.60 $ 1.~0' ' ® Scaffolding $48.75 S 49.60 $ 1.50' Page 15 1 ' Prevailing Wage Rates for 07/01 fZ012 - 06!30/2013 Published by the New York State Department of Labor Last Publishetl on Oct 01 2012 Nassau County Repair 8: Maintenance: Glazier " $ 26.50 $ 26.50 $ 1.50' ' ' To be allocated at a future date Repair 8 Maintenance- All repair & maintenance work on a particular building, whenever performed, where the total cumulative contract value is under $100,000.00. SUPPLEMENTAL BENEFITS Per hour paid: 07101/2012 11/01/2012 05!01/2013 Joumeyworker... $ 25.34 $ 25.34 $ 26.60 ' Repair & Maintenance: Glazier" $ 15.14 $ 15.14 $ 15.64 OVERTIME PAY OVERTIME: See (C',D` E2, O) on OVERTIME PAGE. ' If an optional Bfft hour is required to complete the entire project, the same shall be paid at the regular rate of pay. If a 9th hour is worked, then both hours or more (8th & 9th or more) will be paid at double time rate of pay. "For Repair & Maintenance see (B,F, P) on overtime page. HOLtOAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 6, i6, 25) on HOLIDAY PAGE The Following are paid holidays for the Repair 8. Maintenance Class: New Years day, Presidents day, Memorial day, Irdependents day, Labor day, Thanksgiving day, Day after Thanksgiving, and Christmas day. REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates: 07/01/2012 11/01/2012 05/01/2013 AddiBanal lst tent $ 16.00 $ 16.35 $ .60' 2nd term $ 23.81 $ 24.24 $ .75` 3rd term $ 28.59 $ 29. t 0 $ .90' 4th term $ 38.17 $ 38.85 $ 1.20' ' ' To be allocated at a future date Supplemental Benefits: ' (Per hour worked) 1st term $ 12.07 2nd term $ 1728 ' 3rd term $ 18.54 4th term $ 18.89 9-1281 (DC9 NYC) fn4taGaf"~Hdat~Ft'o5! x* t a aa' ~ 3ikzw ~ 18/U1h1072 JOB DESCRIPTION Insulator -Heat & Frost DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, SuBolk WAGES Per Hour: 07/0112012 12/3112012 ' Insulators $61.08 'Additional Heat 8 Frost $1.75Mr - 'Additional may be allocated between Wages & Supplements Page 16 Prevailing Wage Bales for 07101/2012 -06/30/2013 Published by the New York State Deparbnent of Labor , Last Published on OG 01 2012 Nassau County SUPPLEMENTAL BENEFITS , ® Per Hour: Insulators $26.59 ' Heat S Frost OVERTIME PAY See (A D, O, V) on OVERTIME PAGE 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) 1 year terms at the following wage rate. , 1st 2nd 3rd 4th $24.43 $36.65 $42.76 $48.86 Supplemental Benefits per hour. , Apprentice Insulator(s) 1st 2nd 3rd 41h $10.64 $15.95 $18.62 $21.27 4-12 JOB DESCRIPTION Ironworker ~ fJiSTRICT 9 'r ENTIRE COUNTIES ® Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester ' WAGES Per Hour. 07/01/2012 01/0112013 07101/2013 Additional Additional IRONWORKER: ' Ironworker Rigger $ 49.50 $ 1.50' $ 1.50• Ironworker Stone ' Denickman $ 49.50 $ 1.50' $ 1.50' • To be allocated at a future date , SUPPLEMENTAL BENEFITS Ironworker. $ 36.53 OVERTIME PAY ' See ('A, D1, •'E, O, V) on OVERTIME PAGE 'Time and one-ha8 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 (fhe eighth (8th) and ninth (9) hours of work) and double time , shall be paid for all work thereafter. 'Time and onefialf shall be paid for all work on Saturclay up to seven (7) hours and double time shall be paid far all work thereafter. HOLIDAY ' Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, •24, 25) on HOLIDAY PAGE 'Work stops at schedule lunch break with full day's pay. REGISTERED APPRENTICES , Wage per hour. • (1/2) year terms at the following howdy wage rate: 1st 2nd 3rd 4th 5th 6th $23.75 23.75 34.35 38.40 42.45 42.45 Page 17 ' Prevailirg Wage Rates for 07/01 /2012 - 06/30/2013 Published by the New York Slate Department of Labor Last Published on Oct Oi 2012 Nassau County ' 01/0112013 ® An additional $0.75' $0.75' $1.05' $1.20' $1.35' $1.358 07/01/2013 ' An additional $0.75' $0.75' $1.05' $1.20' $1.35' $1.35' ' To be allocated at a future date ' Supplemental benefits Per hour paid: Registered Apprentice ' lst term $1927 2nd tens $ 1927 Ail others $ 28.15 9-197D/R Iraii~b~er ~ ` ~ , ` ' ~ 10i0'iI2Q'12 JOB DESCRIPTION Ironworker DISTRICT 4 ' ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour. ~ 0710112012 Ornamental $ 41.00 Chain Link Fence $ 41.00 ' Guide Rail Installation $ 41.00 SUPPLEMENTAL BENEFITS Per hour paid: - 07/Ot/2012 ' ® Jaumeyworker. $40.07 _ ' OVERTIME PAY OVERTIME: See (A',D1,E",O,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 Paid: See (1) on HOLIDAY PAGE OvenSme: See (5, 6, 25) on HOLIDAY PAGE ' REGISTERED APPRENTICES 1st term represents first 1-4 months, thereafter (1l2) year terms at the following percentage of Journeyman's wage. ' APPRENTICES:Employed Prior to 8/01/2008 1st 2nd 3rd 4th 5th 6th 60% 65% 70% 80% 85% 95% APPRENTICES:Employed ARer 8/01/2008 1st 2nd 3rd 4th 5th 6th ' S0% 50% 55% 60% 70% 80% Supplemental Benefits per hour paid: 1 07/01/2012 APPRENTICES: 1st Tenn $ 31.75 2nd Term 31.75 3rd Tenn 32.58 4th Term 33.41 ® 5th Tenn 35.08 6th Tenn 36.74 - , a-saaor _ Page 18 1 Prevailing Wage Rates far 071012012 - O6I30/2013 Pubgshed by the New York State DepatbneM of Labor Last Published on Od 01 2012 Nassau Counly s u.... e, g ® JOB DESCRIPTION Ironworker DISTRICT 4 ENTIRE COUNTIES ' Bronx, Kings, Nassau, New York, Oueens, Richmond, Suffok, Westchester WAGES PER HOUR: 07/01/2012 01/012013 07/01/2013 ' Irornorker: SWCtural $45.05 - 'additional `additional Bridges +'$2.00 $2.45Mr $2.00/Hr ' Machinery `To be allocated to Wages or Benifits. SUPPLEMENTAL BENEFITS ' PER HOUR: Journeyman $58.50 OVERTIME PAY ' See (B`,E",O,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 (9th) 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 HOLIDAY PAGE Overtime: See (5, 6, 18, 19) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES PER HOUR: , • 6 rtwnth terms at the following rate: 1st Term $23:62 'addifional 'additional ' +'$2.00/Hr $2.45/Hr $2.00/Hr for all for all 2nd Tenn $24.22 Terms Tenns 3rd - 6fh Term $24.82 +'$2.00/Hr 'To be allocated to Wages or Benifits , Supplemental Benefits PER HOUR: ' ALL TERMS $41.86 4-40/361SV -e:x.,.: " :y'z~-&. a .~4`"n'S'S v. ,~+~5.~;.."§ a xg~>,.F ~b ,.z b. '=~p~. 'f -off.. '.%e ,a,+'~`"*~,4~,;"T'a , IrafWa ~"".af? .a, Mt~'~. ,.r"t q`~e~'g§d~~ a ext t.'?v -*a". ~n.,c aa.'1~ 'f JOB DESCRIPTION Iromvorker DISTRICT 4 ENTIRE COUNTIES ' Bronx, Kings, Nassau, New York, Oueens, Richmond, Suffolk, Westchester PARTUIL COUNTIES Rodrland: Southern section -south of Convent Road and east of Blue Hills Road. WAGES Per hour. 07/01/2012 07/01/2013 ® Reinforcing S Additional , Metal Lafhing $ 49.73 $ 2.00' Page 19 Prevailing Wage Rates for 07!01!2012 -06/30/2073 Publshed by the New York State Department of Labor Last Published on Oct O7 2012 Nassau County ' 'To be allogted at a future date SUPPLEMENTAL BENEFITS Per hour paid: Reinforoing & $ 29.98 Metal Lathing OVERTIME PAY See (B, B1, O) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overfime: See (5, 6, 8, 11, 13, 18, 19, 26) on HOLIDAY PAGE ' REGISTERED APPRENTICES (1) year terms at the following wage rates: Wages Per Hour: ' Apprentices Registered BEFORE 6/29/2011 1st term 2nd term 3rd term ' $ 28.20 $ 32.80 $ 37.86 Apprentices Registered ON or AFTER 6/29/2011 $ 17,71 $ 22.71 $ 27.71 SUPPLEMENTAL BENIFITS ' Per Hour. Apprentices Registered BEFORE 6/29/2011 1st term 2nd term 3rd term $ 23.17 $ 24,67 $ 25.82 Apprentices Registered On or AFTER 6129/2011 $ 23.17 $ 24,67 $ 25.82 4-46Reinf ' L8b0~9~$ull'lf~,*3s+~ ~,{i r ~ ~ k' ,.L } i0/0~/201~'~ JOB DESCRIPTION Laborer-Building DISTRICT 4 ' ENTIRE COUNTIES Nassau, Suffolk WAGES WAGES Per Hour: 07/01/2012 07/0112013 Building Laborer $35.35 Additional $0.71 moor to be added. Asbestos Abatement Workers $35.10 Additonal (Re-Roofing Removal see Roofer) NOT APPLIED SUPPLEMENTAL BENEFITS Per Hour. 0710112012 Building Latwrer $25.75 ® Asbestoes Abatrnent Worker - $15.10 ' OVERTIME PAY See (B, E, O) on OVERTIME PAGE Page 20 Prevailing Wage Rates for 07/012012 - O6I302013 Published by the New York Slate Departrnent of Labor , Last Published on Od 01 2012 Nassau County See also(H)for Rre Watch an OVERTIME PAGE , Asbestos Worker See (B, H) HOLIDAY Paid: See (1) on HOLIDAY PAGE ' Overtime: See (5, 6, 25) on HOLIDAY PAGE Asbestos Worker see (5,6,8 &28) REGISTERED APPRENTICES Regular Hours Work Tenns TERM #1 1 hr to 1000hrs TERM #2 1001hrs to 2000hrs TERM #3 2001hrs to 3000hrs TERM #4 3001hrs to 4000hrs , Wages per hour. APPRENTICES Building Laborer , 1stTerm $16.60 2nd Term $19.40 3rd Term $22.80 4th Tenn $26.89 Benifils per hour ' Building Laborer 1stTenn $16.34 2nd Tenn $18.39 ' 3rd Tertn $19.12 4th Tertn $19.23 --~~aaa~ ~j 4-66 ~LYRV. _H~vV&Ht M1~0.~-Pa. a'. $~.s,- ~'.'4'' . .~4~ °,.~Y;.s;,.w+`i `.v'~-3e '-p#~°.~, ~ ~ u~,~ ~ e~~.~,,_~„,aiott~a JOB DESCRIPTION Laborer -Heavy&Highway DISTRICT 4 ENTIRE COUNTIES , Nassau, Suffolk WAGES Laborer (Heavy/Highway): GROUP # 1: Asphalt Rakers, Conaete Curb Fonnsetters. GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tod(Jackhammer), Landscape Construction, Traffic Control Personnel(flaggers) WAGES PER HOUR: ' 07/01/2012 GROUP#1 Base Wage $37.42 Additional per hour 4.82 ' GROUP#2 Base Wage $36.34 Additional per hour 4.82 - , GROUP # 3 Base Wage $33.05 addifional per hour 4.82 ' SUPPLEMENTAL BENEFffS Per Hour. ALL GROUPS $ 24.73 After Forty (40)paid ' Hours in a work Week OVERTIME PAY $14.92 OVERTIME PAY , OVERTIME PAY ® See (B, E2, F) on OVERTIME PAGE NOTES: Premium Pay to be calculated on "base wage" only. Premium Pay of 30% of base wage for all Straight time hours on all New York State, D.O.T. and other Goverment Mandated Off-Shift Work. , Hazardous Material Work add an Additional 10% of base wage Page 21 ' Prevailing Wage Rates £or 07J01l20t2 -06/30/2013 Published by the New York State Departrnent of Labor Last Published on Oct 01 2012 Nassau County ' HOLIDAY HOLIDAY Paid: See (1) on HOLIDAY PAGE ' Overtime: See (t)on HOLIDAY PAGE REGISTERED APPRENTICES 2000 hour(s) Tenns at the following Pecenfage of the Journeyman's Wage: ' 1st04999/Hrs 80% 2nd 2000-3999/Hrs 90% Supplemental Benefits per hour: All APPRENTICES $2q,73 After Forty(40) paid hours in a work Week $14.92 4-1298 La"~ n-t. f~~~ ~t q`*~~y Y pa: yte .q-~.-t~'3s,.te 'cca~~E „'n r~. 1'V(Y~~~~ nl f "S' ?kn" sG' 'nu ,h1 f1 'LftT'~1 ' JOB DESCRIPTION Mason DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES ' Per Hour: 07/01/2012 07I01I2013 BricklBlocklayer $51.97 'Addifional $1.97/Hr 'Additional to be allocated between Wages and or Benefits SUPPLEMENTAL BENEFITS Per Hour: Brick/81odc Layer $24.06 OVERTIME PAY See (A, E, E2, O) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE ' REGISTERED APPRENTICES (800 hour) Terms at the following Percentage of Joumeyworkers Wage: 1st 2nd 3rd 4th 5th 50°k fi0% 70% 80% 90% ' Supplemental Benefits per hour: All Apprentices $ 13 88 4-16rk uw .S .:i v ,:a IYI=t1S'w 46Yr ~ x ~x i` •4 3 # • P ' JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Sutfolk, Westchester ' WAGES Building: Per Hour. 07/01/2012 07/01/2013 Additional ' Mosaic 8 Terraao Mechanic $ 45.93 plus $ 1.25• $ 125' Mosaic 8 Temaao Finisher $44.36 plus $ 1.22• $ f 23• Page ZZ Prevailing Wage Rates for 07101@012 - 06130/2013 Published by the New Yodc State Department of Labor , Last Published on Od Ot 2012 Nassau County ' To be allocated at a future date ' SUPPLEMENTAL BENEFITS Joumeyworker. ' Mechanic $ 29.75 Overtime' $ 38.45 Overtime" $ 47.15 , Finisher $ 29.75 Overtime` $ 38.45 Overtime" $ 47.15 ' ' Applies to overtime on weekdays 8 salurdays Apllies to overtime hours on Sundays & Holidays & work on Saurdays over 10 hours OVERTIME PAY ' See (A, E, O) on OVERTIME PAGE HOLIDAY Paid: See ((1) on HOLIDAY PAGE , Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 Hour) terms at the following amount of the Terraao Mechanic's wage. ' 1st 2nd 3rd 4th 5th 6th 7th 8th 1- 751- 1500- 2251- 3001- 3751- 4501- 5251- 750 1500 2250 3000 3750 4500 5250 6000 ' $22.97 $25.26 $27.56 $29.85 $32.15 $34.45 $39.04 $43.63 Supplemental benefits per hour paid: ' (750 hour) terms at the following percentage of Terraao Mechanic's benefit 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% 9-713 ' "~BYi'li'ii~nn~ :lam' ~a~s x~h :I,,~ `~`~~'Ui,i01~.72'" JOB DESCRIPTION Mason -Building DISTRICT 9 , ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES , Per hour. 07/01/2012 12/03/2012 Additional Building: Tile Setters $ 49.64 plus $ 1.43' $ 1.43` ' 'to be allocated at a future date SUPPLEMENTAL BENEFITS , Joumeyworker. Per Hour. Tile Setters $ 27.56 ' Overtime ' 37.56' ® Overtme" 47.56" - 'Applies to overtime on weekdays & Saturdays , Page 23 ' Prevailing Wage Rates for 07!0112012 - 06/30/2013 Published by the New York State Department of Labor Last Published on Oct Ot 2012 Nassau County "Applies to Sundays & Holidays, & over 10 hours on Saturdays OVERTIME PAY See (A, 'E, "O) on OVERTIME PAGE 'Work beyond 10 hours on Saturday shall be paid at double the hourly wage rate. HOLIDAY Paid: See (1) on HOLIDAY PAGE ' Overtime: See (5, 6, 8, 15, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: ' Tile Setters: (750 hr)terms at the following wage rate: Term: ' 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 6001- 750 1500 2250 3000 3750 4500 5250 6000 6750 ' $25.45 $28.29 $32.15 $33.79 $36.49 $37.81 $43.32 $48.57 $49.64 0710112012 - Apprenfices receive an addifional amount` based on term. 1st 2nd 3rd 4th 5th 6th 7th 8th ' $0.65 $0.72 $0.78 $0.85 $0.91 $0.98 $1.11 $1.24 12103/2012 -Apprentices receive an additional amount' based on term. 1st 2nd 3rd 4th 5th 61h 7th 8th $0.65 $0.72 $0.78 $0.85 $0.91 $0.98 $1.11 $124 'To be allocated at a future date Supplemental Benefits per hour paid: Term: 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 6001- , 750 1500 2250 3000 3750 4500 5250 6000 6750 $13.15 $14.17 $14.17 $16.39 $17.55 $20.09 $22.30 $24.79 $27.56 9-7/52 M3i~N>L""~ ~UI)i1[11~~~~ r',~ ''°'u,, st~ ~ ~r kyk ~-x ~ zt: ~s?~~~rr7k+a~. ~R,~~s` e"~`*„.~~_.. ~s s~ 16Mi/~1Q'F2" JOB DESCRIPTION Mason -Building DISTRICT 9 ' ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2012 01/01/2013 ' Additional Building-Marble Restorafion: Marble, Stone & $ 37.28 +$0.75' $0.75' Polisher, etc ' To be allocated at a future date SUPPLEMENTAL BENEFITS ' Per Hour: Joumeyworker. Building-Marble Restora0on: Marble, Stone & Polisher $ 21.30 ' OVERTIME PAY See (A, E, O, V) on OVERTIME PAGE ON SATURDAYS, 8TH HOUR AND SUCCESSIVE HOURS PAID AT DOUBLE HOURLY RATE. Page 24 1 Prevailing Wage Rates for 0710112012 - 06/30/2013 Published by the New York State Department of Labor , Last Published on Oct 01 2012 Nassau County HOLIDAY , Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE 1ST TERM APPRENTICE GETS PAID FOR ALL OBSERVED HOLIDAYS. ' REGISTERED APPRENTICES WAGES per hour: (900 hour)tenns at the following wages: , 1st 2nd 3rd 4th 0-900 901-1800 1801-2700 over 2700 07/01/2012 ' $ 25.50 $ 30.25 $34.00 $ 37.28 + $.53' + $.60' + 68' + $ .75' 01/01/2013 ' Additional Additional Additional Additional $ 0.53' $ 0.60' $ 0.68` $ 0.75' ' To be allocated at a future date ' Supplemental Benefits Per Hour. $ 19.45 $ 20.06 $ 20.69 $ 21.30 ' 9-7/24-MP w -P,r'-Yb 'maw d E/:. Ulfdi 2~` =e~'~~. ~`;`,~°~.~y ,.,"`.`.~'s,k , ~.~TM's2'z" 2 ,.a4.'.*.r ~~r ~ ~712 r JOB DESCRIPTION Mason -Building DISTRICT 9 ENTIRE COUNTIES ' Bronx, IGngs, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour. 07101/2012 12/03/2012 Addlional ' Building: Tile Finisher $ 39.28 $ 1.18' plus $1.18' ' To be allocated at a future date , SUPPLEMENTAL BENEFITS Per Hour: Joumeyworker $ 24.52 , Overtime' 33.02' Overtime" 41.52" 'Applies to weekdays 8 Saturdays , "Applies to overtime hours on Sunday 8 Holidays, and work on Saturdays over 10 hours. OVERTIME PAY , See (A, E, O) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See 5 6 11 15, 16 25) on HOLIDAY PAGE 9-7/88-tf , Oii2."cl~tllltll[i~ir~ln~? 3~s5k-sYr-:~ v_:i~,,, .-a w . ~~.~a t ,at t r JOB DESCRIPTION Mason -Building DISTRICT 9 ENTIRE COUNTIES Bronx, IGngs, Nassau, New York, Queens, Richmond, Suffolk, Westchester _ WAGES , Per hour. 07/01/2012 01/01/2013 Page 25 1 Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Published by the New York State Department of Labor Last Published on Oct 01 2012 Nassau County ' Additional Marble, Stone,etc. Finishers $ 20.15 plus $.50' $.50' ' ' To be allocated at a future date SUPPLEMENTAL BENEFITS Journeyworker: Per Hour: Marble, Stone, etc Finisher $ 10.86 OVERTIME PAY See (A, E, O, V) on OVERTIME PAGE Double hourly rate after 7 hours on Saturday HOLIDAY ' Paid: See ('5, 6, 11, 15) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES per hour: (750 hour)tenns at the following wages: 0 7101 /2 01 2 l st term 0-750 $14.32 ' 2nd term 750-1500 15.14 3rd trem 1501-2250 15.94 4th term 2251-3000 16.77 5th term 3001-3750 17.99 6fh term 3751500 19.62 07/0112012 -Apprentices receive an additional amount': 1st 2nd 3rd 4th 5th 6th 7th 8th 9th $0.25 $0.28 $0.30 $0.33 $0.35 $0.38 $0.43 $0.48 $0.50 01/01/2013 -Apprentices receive an additional amount': ' 1st 2nd 3rd 4th 5th 6th 7th 8th 9th $0.25 $0.28 $0.30 $0.33 $0.35 $0.38 $0.43 $0.48 $0.50 ' To be allocated at a future date ' Supplemental Benefits: (Per Hour) ' lst term $10.79 2nd term 10.80 3rd term 10.81 4th term 10.82 ' 5th lens 10.83 6th term 10.66 9-7/24M-MF MBS~u Bi?irdllia%~{eaJifStRthWali r~ i = ~ s 3 , ~`'10ltiil~bY2a ' JOB DESCRIPTION Mason - Building I Heavy&Highway DISTRICT 9 ENTIRE COUNTIES ' Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/0112012 01101!2013 Addigonal ' Marble-Finisher $ 43.15 plus $ 1.00' $ 0.90' ® ' To be allocated at a future date ' SUPPLEMENTAL BENEFITS Page 26 1 Prevailing Wage Rates for 07101Y1012 - 06/30/2013 Published by the New York State Department of labor , Last Published on Oct Ot 2012 Nassau County Joumeyworker. $ 26.48 , OVERTIME PAY See (A,'E, Q, V) on OVERTIME PAGE HOLIDAY ' Overtime: See (5, 6, 15, 25) on HOLIDAY PAGE ' Work beyond 7 hours on a Saturday shall be paid at double the rate. "When an observed holiday falls on a Sunday, it will be observed the next day. REGISTERED APPRENTICES ' Wages: 750 hour terms at the following percentage of Joumeyworkers wage: 1st 2nd 3rd 4th 5th 6th 7th 8th , - 1- 751- 1501- 2251- 3001- 3757- 4501- 5251- 750 1500 2250 3000 3750 4500 5250 6000 50% 55% 60% 65% 70% 75°i6 85°k 95% , Supplemental Benefits: 07/01/2012 1st-6th terms $ 14.50 + term ' wage % of $9.83 7th and 8th terms $ 24.33 9 7/20-M;yF;' ' AA~a Ire! ikX~f°naYN 4Iin~Wdm~~~ea~iFtk ~ SAr.S *+a~ CPa~u`£~' iif2~~ $:'°1Qjb1~'1f11~' JOB DESCRIPTION Mason - Building I Heavy&Highway DISTRICT 4 ' ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk ® WAGES ' Per Hour. 07!01/2012 07/07/2013 Additional Cement Mason $44.63 $1.00' ' To be allocated at a Tuture date. ' "IMPORTANT NOTICE " Four (4), ten (10) hour days may be worked at straight time during a week, Monday fhru Friday. Any make-up day must be paid at the ' premium rate. NOTE - In order to use the'4 Day/10 Hour Work Schedule; you must submit an'Employer Registration for Use of 4 Dayl10 Hour Work Schedule,' form PW30R; additionally, there must be a dispensatlon of hours in place on the project. SUPPLEMENTAL BENEFITS ' Per Hour. Cement Mason $ 32.37 , OVERTIME PAY See ('Bt, E2, "Q, "'V) on OVERTIME PAGE 'Applies to 9th and 70th hours on Saturday " "Holidays' only for Building Construction ' Additional $10.18 to be added to all Time and a Half hours paid HOLIDAY Building Construc8on -See (5, 6 & 25) on HOLIDAY PAGE Heary Highway Construction -See (1) on HOLIDAY PAGE ' REGISTERED APPRENTICES (7) year terms at the following Percentage of Joumeyworkers Wage. 1st Term 50% ' 2nd Term 60% 3rd Tenn 70% Supplement Benefits per hour paid: ' Apprentices: Page 27 ' Prevailing Wage Rates for 07101/2012 - 06/30/2013 Published by the New York State Department of Labor Last Published on OG 01 2012 Nassau County ' 1st tens $ 22.11 2nd term 24.16 3rd term 26.21 4-780 ' Masort`' ~B`u(Id(nirt HeawBHlahwav'= ~ < ' ~ ` 10/0112U''~F JOB DESCRIPTION Mason -Building / Heary&Highway DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES WAGES NOTE: Shall include but not limited to Precast concrete slabs (London Walks) Marble and Granite pavers 2'x 2' or larger. ' Per Hour: 07/01 /2012 Stone Setter $ 57.61 Stone Tender $ 39.28 ' SUPPLEMENTAL BENEFITS Per Hour. ' Stone Setter $ 24.96 Stone Tender $ 16.01 OVERTIME PAY See ('C, "E, O) on OVERTIME PAGE On weekdays the eighth (8th) and ninth (9th) hours are time and one-half all work thereafter is paid at double fhe hourly rate. "The first nine (9) hours on Saturday is paid at time and one-half all work thereafter is paid at double the hourly rate. HOLIDAY Paid: See (`18) on HOLIDAY PAGE Overtime: See (5, 6, 10) on HOLIDAY PAGE Paid: `Must work First 112. REGISTERED APPRENTICES Per Hour: ' Stone Setter(800 hour) terms at the following wage rate per hour. 1st 2nd 3rd 4th 5th 6th ' $28.81 $34.57 $40.32 $46.09 $51.85 $57.61 Supplemental Benefits: All Apprentices $15 53 is~,„ 4-1 Stn N"r' ~e~W$.H~f~ffVpBlh`~T ' $ c a"' ~ J r~ey<, s E~~~''~.~5.' ' ~ t a} ,.r~ ~ a,k. ~0/U~f2~'~'~' ' JOB DESCRIPTION Mason - HeavyBHighway DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suftolk ' WAGES Per Hour: 07/01/2012 Pointer, Cleaner S ' Caulkers $44.56 SUPPLEMENTAL BENEFITS Per Hour. ' Pointer, Cleaners R $ 20.81 Caulkers OVERTIME PAY See (B, E2, H) on OVERTIME PAGE ' HOLIDAY Page 28 Prevailing Wage Rales far 07/012012 -06/30/2013 Published by the New York State Department of labor , Last Published on Oct 01 2012 Nassau County Paid: See (1) on HOLIDAY PAGE ' ® Overtime: See (5, 6, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour. One (1) year terms at the following wage retes. ' 07/01/2012 1st 2nd 3rd 4th , $25.40 $28.76 $33.43 $39.92 Apprentices Supplemental Benefits: (per hour paid) ' $3.05 $7.00 $10.00 $10.00 4-1 PCC (the`°. ,."siEit~l~rie§~ Bitittlitiu k> x,.~ `~,„,~.,:f~~`¢~' ~.~-'g~:,r ~:r ,r ~t.,,...*~~ ~"1b/G'f/`LQ1' , JOB DESCRIPTION Operating Engineer -Building DISTRICT 4 , ENTIRE COUNTIES Nassau, Suffolk , WAGES BUILDING CATEGORIES: CLASS"AA"CRANES: , Crane, Truck Crane, Derrick, Dregline, Dredge, Crawler Crane, Tower Crane & Pile Ddver. - CLASS "A": Asphalt Spreader, Badchoe Crawler/Hydraulic Excavator(360 upto & over 150,000Ibs),Boiler, Boring Machine, Cherry Picker(over 70 tons), ' Concrete Pump, Gradall, Grader, Hoist, Loading Machine(10 yds. cr more), Milling Machine, Power WinchStone Setting/Structural Steel 8 Truck Mounted, Powerhouse, Road Paver, Scoop-CarryallScraper in Tandem, Steam Shovel, Sideboom Tractor, Stone Spreader(selfpropelled), ® Tank Work, Tower Crane Engineer. ' CLASS'B": Backhce(other than 360), Boom Truck, Bulldozer, Boring Machine/Auger, Cheny Picker(under 70 Tons), Corneyor-Multi, Dinkey Locomotive, Fork LiR, Hoist(2 Drum), Loading Machine & Front Loader, Mulch Machina(Machine Fed), Power Winches(NOt Included in Class ' "A'), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, CartyalVSraper, Skid Loader/Skid Steer, Maintenance Man on Tower Crene,Trenching Machine, Vermeer Cutter, Work Boat CLASS "C': ' Curb Machine(asphalt 8 Concrete), Maintenance Engineer(Small Equip. & Well Point), Field Mechanic, Milling Machine(Small), Pulvi Mixer, Pumps(all), Roller(dirt), Ridge Cutter, Vac-All, Jet Pump, Shotblaster, Intedor 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": , Belching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump(gypsum), Pump(single action diaphragm), Stump Chipper, Track Tamper, Tredor(caterpiller orwheel), Vibrator, Dockhand on Workboat. 07/01/2012 ' Class "AA" $ 63.69 Cranes: Boom length over 100 feet add $ 1.00 per hour """150""$ 1.50"" ' """250"' $ 2.00"" """350'"$3.00"" Class "A" $ 53.31' ' ® 'Add $3.50 for Hazardous Waste Work Class'B" $50.63' , Page 29 ' Prevailing Wage Rates for 07/0112012 - 06/30/2013 Published by the New York State Department of Labor Last Published on Oct 01 2012 Nassau County ' 'Add $2.50 for Hazardous Waste Work ® Class "C" $ 48.84' 'Add $1.50 for Hazardous Waste Work Class "D" $ 45.23` ' 'Add $1.00 for Hazardous Waste Work Class "E" $ 43.42 ' SUPPLEMENTAL BENEFITS Per Hour: 07/0112012 ' ALL CLASSES $ 29.94 NOTE: Overtime Rate $ 22.85 ' OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See 5, 6, 25) on HOLIDAY PAGE ' Overgme: See ~5, 6, 25) on HOLIDAY PAGE "NOTE" Employee must be Employed day before and day after Holiday to recieve Holiday Pay. REGISTERED APPRENTICES ' One(1) Year Terms at the following Rate: 1st Term $ 20.84 2nd Tertn 21.67 3rd Term 22.33 Supplemental Benefits per hour: APPRENTICES $ 15.89 ' Note: OVERTIME AMOUNT $ 5.85 4-138 ' hx , as~1i~ t=`"ia~ i { a s~ ~ ~i S+ a ^v-r~;,~. i a i r ; y i 't>~ H88~~5'~E1~stYilNS~i~.r--~r ~>r" ' a' ~ ~ ~ fblif~~2~11~' JOB DESCRIPTION Operating Engineer -Building /Heavy&Highway DISTRICT 4 ENTIRE COUNTIES ' Nassau, Suffolk WAGES Per Hour: 07101/2012 ' Well Driller $ 33.40 Well Driller Helper $ 29.31 ' Hazardous Waste Differential Added to Houdy Wage: Level A $ 3.00 ' Level B 2.00 Level C 1.00 Monitoring Well Work ' Add to Hourfy Wage: Level A $ 3.00 Level B 2.00 - ' SUPPLEMENTAL BENEFITS Per Hour. Page 30 I Prevailing Wage Rates for 07/01/2012 -06/30/2013 Published by the New York State Departrnent of Labor , Last Published on Oc101 2012 Nassau County 07/01/2012 ' Well Driller $ 10Y° of straight R Helper time rate plus $ 10.20 ' (NOTE) AddiOOnal $3.13 for Premium Time OVERTIME PAY , See (B, E, G, P) on OVERTIME PAGE HOLIDAY Paid: See (5, 6,16, 23) on HOLIDAY PAGE Overgme: See (5, 6, 16, 23) on HOLIDAY PAGE , REGISTERED APPRENTICES Apprentices at 12 Month Tenns Wages Per Hour: 07/01/2012 ' 1st Tarm $20.84 2nd Term $21.67 3rd Terrn $22.33 ' SUPPLEMENTAL BENIFITS Per Hour. 1st Term 10%of Wage ' + $5.10 2nd Term 10%Of Wage + $5.60 3rd Term 10°h Of Wage ' + $6.60 BENEFITS AT PREMIUM TIME ® Per Hour: ' 1 st Tenn 10%of Wage + $5.85 2nd Tenn 10°k of Wage ' + $6.60 3rd Term 10% of Wage + $8.10 4-13t3well , 'ia~'~~`na~n -li` ~~-.~«m„ i/c ~ ~ ~.'^4$tdtr2 JOB DESCRIPTION Operating Engineer - HeavyBHighway DISTRICT 4 ' 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 fhe rod and in general, assists the survey party Categories cover GPS & Under Ground Surveying Per Hour: 07/01/2012 ' Heavy Highway/Building Party Chief $ 58.15 ' Instrument Man 44.30 Rodman 34.84 Steel Erection , ® Party Chief $ 55.74 Instrument Man 43.49 ' Rodman 29.25 Page 31 ' Prevailing Wage Rates for 07/01/2012 - OW30/2013 Published by the New York State DepartrneM of tabor Last Published on Oct 01 2012 Nassau County SUPPLEMENTAL BENEFITS Per Hour: ' Heavy Highway/Building $ 24.95 Steel Erection $ 24.95 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, ZS) on HOLIDAY PAGE 4-15D-N/S co. 66~~~~ ~ngi~11~~1'-.°FiedVV$I~i&FIM%Bl~~' s~ ~ a 1,a x ~~s f x '•t-, x ~a 14I~1~Q4 ' JOB DESCRIPTION Operating Engineer- HeavyBHighway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES ' HEAW/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Oertick, Dregline, Dredge, Crawler Crane, Tower Crane, Pile Driver. CLASS 'A": Asphalt Spreader, Backhoe Crawler/Hydraulic Excavator(360 up io & over 150,000Ibs), Barrier Machine, Cherrypicker(over 70 tons), Concrete Pump, Grader, Gradall, Hoist, Loading Machine(bucket 10 yds. or more), Laser Screed, Milling Machine(Large), Power Winch- Stone SettinglStructurel Steel or Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scaper in Tandem, Side Boom Tractor, Stone Spreatler(self propelled), Striping Machine(long line/truck mounted), Tree Graple, Tank Work, Track Alignment Machine. CLASS "B': Backhoe(other than 360), Boom Truck, Bulldozer, Bonng MachinelAuger, Cheny Picker(under 70 tons), Conveyor-Multi, Post Hole-Auger, 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, Cartyall/Scraper, Skid Loader/Skid Steer, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. ' CLASS "C": Boiler(Thermoplastic), Curb Machine(Asphalt & Concrete), Maintenance Engineer(Small Equip. & Well Point), Field Mechanic, Milling Machine(Small), Pulvi-Mixer, Pumps(Hydrel'rc & 4in or over), Roller(Dirt), Vac-All, Jet Pump, Compressor(Structural Steel & 2 or more ' Batteries), Concrete Finish Machine, Concrete Spreader, Conveyor, Curing Machirre, Fireman, Hoist (One Drum), Ridge Cutter, Shot Blaster, Welding Machine(Sfructurel Steel 8 Pile Work). CLASS "D": Compressor(Pile,Crene,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/BuggylGrinder, Pump(Single Action-1 to 3 IncheslGypsum/Double Action Diaphragm), Welding Machine, Robotic Units, Hand Line SViper. CLASS "E": ' Batching Plant(On Job Site), Compressor, Generator, Grinder, Mixer, Mulching Machine(Hand Feed), Oiler, Pumps(Single action up to 3 fn.), Root Cutter, Stump Chipper, Oiler on Tower Crane, Trenching Machine(Hand,walk behind), Track Tamper, Tractor, Vibrator, Deckhand on Work Boat ' 07/0112012 Class "AA• $63.31 Cranes: Boom LengU1 over 100 feet add $ 1.00 per hour ""150""$1.50•" "'250"'$200•" """350""$3.00"" Class "A" $56.13' ® 'Add $3.50 for Hazardous Waste Work. ' Class "B" $52.50' 'Add $2.50 for Hazardous Waste Work. Page 32 Prevailing Wage Rates for 07/0112012 - 06130/2013 Pubtished by the New York State Deparhnent of Labor ' Lasl Published on Od 01 2012 Nassau County ® Class "C" $50.67• 1 'Add $1.50 for Hazardous Waste Work Class "D' $46.96' ' 'Add $1.00 for Hazardous Waste Work Class "E" $45.15 "NOTE": ADD 30% to streight time hrly wage for NEW YORK STATE ' D.O.T. and other GOVERNMENTAL MANDATED otf-shift work. SUPPLEMENTAL BENEFITS ' Per Hour. ALL CLASSES $29.94 Note: OVERTIME AMOUNT $22.85 , OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY , Paid: See (5, 6, 7, 8) on HOLIDAY PAGE Overtime: See (5, 6, 7, 8) on HOLIDAY PAGE "Note" Employee must be employed day before and day after a holiday to receive holiday pay. ' REGISTERED APPRENTICES REGISTERED APPRENTICES One(1) Year Terns at the following Rate: 1stTerm $20.84 ' 2nd Term 21.67 3rd Term 22.33 ® SUPPLEMENTAL: ' APPRENTICES $15.89 Note: , OVERTIME AMOUNT $ 5.85 y ~y 4-138 5}~ 'r." ai?t. ¢e' v" avr~s'9 .v ~ ,.rc~+i .p y at' s. a a1V ut .V ~ ~ Vt JOB DESCRIPTION Operating Engineer- Marine Construction DISTRICT 4 ' ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattareugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Ede, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery Nassau, New York, Niagare, Oneida, Onondaga, Ontario, Orange, Orleans, Osweeggo, Otsego Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Sdwhade, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES , Per Hour. DREDGING OPERATIONS 07!01/2012 CLASS A Operator, Leverman, $ 32.89 ' Lead Dredgeman CLASS Al To conform to Operating Engineer Dozer,Front Loader Prevailing Wage in locality where work ' Operator is being performed induding benefits. CLASS B Spider/Spill Barge Operator, $ 28.49 , Tug Operetar(over1000hp), Operetorll, Fill Placer, ® Deride Operator, Engineer, Chief Mate, Electridan, , Chief Welder, Page 33 ' Prevailing Wage Rates for 07/0112012 - 06130/2013 Published by the New York State Department of Labor Last Published on Od Ot 2012 Nassau County Maintenance Engineer ® Certified Welder, $ 26.84 ' Boat Operator(licensed) CLASS C Drag Barge Operator, $ 26.14 Steward, Mate, Assistant Fill Placer, Welder (please add)$ 0.06 ' Boat Operator $ 25.29 CLASS D Shoreman, Deckhand, $ 21.09 ' Rodman, Scowman, Cook, Messman, Porter/Janitor Oiler(please add)$ 0.09 ' SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES ' 0710112012 All Classes A & B $ 8.45 plus 7% of straight time wage overtime hours add $ 0.63 _ All Class C $ 8.10 plus 8% of straight time ' ® wage overtime hours add $ 0.48 All Class D $ 7.85 plus 8% ' of straight time wage oven5me hours add $ 0.33 OVERTIME PAY ' See (B, F, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8 15 26) on HOLIDAY PAGE 4 25a MarConst r>K~ ` '~neef~=1°reichle§s~pfoe K " ~ w ~~1/d f8 ' JOB DESCRIPTION Operating Engineer- Trenchless Pipe Rehab DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES IMPORTANT NOTE: This Category & Classificagons are now located in Operating Engineers/Heavy Highway & Laborers/ Heavy Highway. ' Per Hour. 07/01/2012 ' (SEE) ® Robotic Unit Operator Operator(class D) ' TechniaanBoiler, Generator Operetor(dasses C&D) Page 34 Prevailing Wage Rates for 071012012 - Ofil30/2013 Published by the New York State Department of Labor , Last Published on Od 01 2012 Nassau County AM Liner/Hydra Seal Laborer(Grpg3) , ® Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner Laborer(Grp#3) OVERTIME PAY HOLIDAY 4138TrchPReh ' a~ .,,q g v '~.,2s2 ' xi ~yv~ # ~ gr - R~. ? -z' ys„"~ E k n ~i ,T~ a d ~'i Tak+S~la i,~f+'"N £~~~2. ~s;.5.: 3%?.~~T,°bkx -ki'*4~~L 4xj6 ~QI~A~2~12. JOB DESCRIPTION Painter DISTRICT 9 ' ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester WAGES ' Per hour: 07/01/2012 11/01/2012 05/012013 Brush $ 39.85 $ 40.35 $ 41.85 Abatement/Removal of lead based $ 39.85 $ 40.35 $ 41.85 or lead containing paint on ' materials to be repainted. Spray 8 Scaffold $ 42.85 $ 43.35 $44.85 Fire Escape $ 42.85 $43.35 $44.85 Decoretor $ 42.85 $ 43.35 $44.85 t PaperhangerM/all Coverer $ 37.44 $ 37.44 $ 39.00 'Before calculating premium pay, deduct $0.10 from hourly wage rate. , Does not apply to paperhanger. SUPPLEMENTAL BENEFITS Per hour worked: 07/01 /2012 11/01/2012 05/01/2013 ® Paperhanger $ 29.71 $ 29.72 $ 29.73 , al Others $ 2os7 $ zos7 $ 2os7 Premium $ 23.09' $ 23.47' $ 23.47' ' Applies only to "All others" catergory, not paperhangerjoumeyman. ' OVERTIME PAY See (A, H) on OVERTIME PAGE HOLIDAY ' Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Indentured after 5/31/93 (1) year terms at the tollowing wage rate. (per hour) 07/01/2012 11/01/2012 05/01/2013 Appr 1st term... $ 15.05 $ 15.25 $ 15.85 Appr 2nd term... $ 19.76 $ 19.91 $ 20.76 ' Appr 3rd tern... $ 23.94 $ 24.24 $ 25.14 Appr 4th tern... $ 31.92 $ 32.32 $ 33.52 Spplemental benefis: , (per Hour worked) Appr 1st term... $ 10.23 $10.23 $ 10.23 Appr 2nd term... $ 12.92 $ 12.92 $ 12.92 Appr 3rd tern... $ 15.20 $15.20 $ 15.20 ' Appr 4th tern... $ 19.70 $ 19.70 $ 19.70 9•NYDC9-B/S [I ~C'~°,~`~``' e '~c *z.. ~ ~ ~sr 're ,~,=yr s ai wu~, sr~'~' JOB DESCRIPTION Painter DISTRICT 9 ENTIRE COUNTIES Putnam, Suffolk, Westchester ' Page 35 i Prevailing Wage Rates for 07/01/2012 - 06/3012013 Published by the New Vork State Department of Labor last Published on Ocl Ot 2012 Nassau County ' PARTIAL COUNTIES Nassau: All of Nassau except the areas described below: Atlantic Beach, Ceaderhurst, East Rockaway, Gibson, Hewlett, Hewlett Bay, Hewlett Neck, Hewlett Park, Inwood, Lawrence, Lido Beach, Long Beach, pares of Lynbrook, parts of Oceanside, parts of Valley Stream, and Woodmere. Starting on the South side of Sunrise Hwy in Valley Stream running east to Windsor and Rockaway Ave., Rockville Centre is the boundary line up ro Lawson Blvd. turn right going west all the above territory. Starting at Union Turnpike and Lakeville Rd. going north to Northem Blvd. the west side of Lakeville road to Northem blvd. At Northem blvd. going east the district north of Northem blvd. to Port Washington Blvd. West of Porf Washington blvd.to St.Francis Hospital then north of first traffic light to Port Washington and Sands Point, Manor HAven, Harbour Acres. ' WAGES Per hour: 07/01/2012 11/0112012 05/01/2013 Drywall Taper $ 39.85 $ 40.35 $ 41.85 ' SUPPLEMENTAL BENEFITS Per hour worked: 07/01 /2012-06/30/2013 ' Journeyman $ 20.93 OVERTIME PAY See (A, H) on OVERTIME PAGE ' For Journeyman: Deduct $4.35 from wage rate BEFORE wiculating overtime pay. For Apprentices: Deduct $0.10 from 1st term wage rate, $ 2.54 from 2nd term wage rate, and $ 3.35 from 3rd term wage rate BEFORE calculafing overtime pay. ' HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 5, 6, 25) on HOLIDAY PAGE ' REGISTERED APPRENTICES WAges(per Hour) 07/0112012 12/26/2012 06126/2013 1500 hour terms at the following wage rate: 1st term $ 17.43 $ 17.63 $ 17.83 2nd term $ 28.53 $ 28.83 $ 29.13 3rd term $ 38.01 $38.41 $ 38.81 ' Suppemental Benefits per hour. ' 1st year $ 10.35 $ 10.45 $ 10.45 2nd Year $ 14.17 $ 14.17 $ 14.17 3rd year $ 16.20 $ 16.20 $ 16.20 9-NYDCT9-0WT 1~~6i~"=..:. z~,~,-u, '~`v-., '^„~s.(`.~~' Ff;. ~;~.'`"~~r~ ~'stei.`~a~,-~ s'~ .qtr r: t~^ +ri_.,i.10(Q'Cl~II1 JOB DESCRIPTION Painter DISTRICT 9 ' ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond PARTIAL COUNTIES Nassau: Atlantic Beach, Ceaderhurst, East Rockaway,Hewlett, Hewlett Bay, Hewlett Neck, Hewlett Park, Inwood, Lawrence, Lido Beach, t Long Beach, parts of Lynbrook, parts of Oceanside, parts of Valley Stream, and Woodmere. Starting on South side of Sunrise Hwy in Valley Stream running east ro Windsor and Rockaway Ave, Rockville is the boundary line up to Lawson Blvd, roming right ggoing west all the above temtory. Starting at Union Turnpike &Lakeville Rd gang north to northern Blvd. the west side of Lakeville Rd ro Northem Blvd. At Northem Blvd doing east the district north of Northem blvd to Port Washington blvd. West of Port Washington blvd ro St.Francis Hospital then north of first traffic light to Port Washington & Sands Point, Manor Haven, & Harbour Aces. WAGES Per hour: 07/01/2012 12126/2012 06/26/2013 OtlOt/2014 Drywall Taper $ 47.48 $ 47.98 $ 48.48 $ 48.98 SUPPLEMENTAL BENEFITS ® Per Hour. ' Joumeyworker. $ 18.22 Page 36 Prevailing Wage Rales for 07/01!2012 - 06/3012013 Publ""u:hed by the New York Slate Departrnent d labor , Last Published on Oct 01 2012 Nassau County OVERTIME PAY ' See (A, H) on OVERTIME PAGE Before calculating premium pay subtract $ 4.16 from hourly wage rate HOLIDAY ' Paid: - See (1) on HOLIDAY PAGE Overtime: See (4, 6, 8, 11, 18, 19, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour. ' One (t) year terms at the following peroentages of joumeyworker rate (year consists of 1500 hours). 07/01/2012 12/2612012 06/26/2013 01/0112014 1 st term $ 17.43 $ 17.63 $17.83 $ 48.98 2nd term $ 28.53 $ 28.83 $ 29.13 $ 29.43 3rd term $ 38.01 $ 38.41 $ 38.81 $ 39.21 ' Note: Before calculating premium pay, deduct the amount shown below from Apprentice hourly wage. 1st tens $ .10 from houdy wage rate ' 2nd term $ 2.54 from hourly wage rate 3rd term $ 3.35 from hourly wage rate Supplemental Benefits per hour worked: ' One (1) year term at the following dollar amount 1st term $ 10.35 2nd term $ 14.17 3rd term $ 16.20 9-NYC9-1974-DWT JOB DESCRIPTION Painter- Bridge & SWcturel Steel DISTRICT 9 ENTIRE COUNTIES ' Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Frenklin, Fulton, Greene, Hamilton, IGngs, Montgomery Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, Westchester WAGES , Per Hour Worked: 07/01/2012 70/1/2012 STEEL: Bridge Painting $ 51.23 $ 52.23 , Power TooVSprey Additional $6.00 per hour above houdy rate, whether straight Time or overtime Note: Generally, for Bridge Painting ContracLS, ALL WORKERS on and off the bridge (including Flagmen) are to be paid Painter's Rate; the ' contract must be ONLY for Bridge Painting. SUPPLEMENTAL BENEFITS Per Hour Worked: 07/01!2012 10!1/2012 ' Joumeyworker $ 26.80' $ 27.05 $ 31.04" Houdy Rate after 40 hours ' from May 1st to Nov. 15th $ 6.75 only Hourly Rate after 50 hours from Nov. 16th to April 30tlt $ 6.75 only ® 'For the period of May 1st to November 15th: - This rate shall be paid up to maximum of forty (40) hours worked per week. For all hours exceeding 40, the hourly rate shall drop to the , hourly rate shown above by date. Page 37 1 Prevailing Wage Rates far 07101/2012 - 06130/2013 Published by the New York Sfate Department of Labor Last Published on Od 01 2012 Nassau County ' EXCEPT for the first and last week of employment on the project, and for the weeks of Memorial Day, Independence Day and Labor Day, this rate shall be paid for the actual number of hours worked. ' "For the period of November 16th to Apri130th: This rate shall be paid up to a maximum of fifty (50) hours worked per week. For all hours exceeding 50, the houdy rate shall drop to the houdy rate shown above by date. OVERTIME PAY See (A, F, R) on OVERTIME PAGE NOTE: Calculate overtime rate as follows: Bridge PainBng and Power Tool/Spray titles subtract $4.98 from the hourly rate. HOLIDAY Paid: See (1) on HOLIDAY PAGE ' Overtime: See (4; 6) on HOLIDAY PAGE REGISTERED APPRENTICES (Wage per hour Worked): Apprentices:(1)yearterms 1st 2nd 3rd 07/01 /2012 $ 20.55 $ 30.78 $ 41.00 10/0112012 $ 20.95 $ 31.38 $ 41.80 Supplemental Benefits per hour worked: ' 07/0112012 $ 8.35 $ 19.00 $ 22.90 10/01/2012 $ 8.70 $ 19.15 $ 23.10 9-DC-9/806/155-BrSS ' Pain fY@ S`~~1~ti~13 , ? s a, .+i ~ 3~ s. t'! ~N`. ~ ~,'-t 'A _g w ~ r a; .;~"s 10/Q~%2Q12', JOB DESCRIPTION Pamter-Line Striping DISTRICT 9 ENTIRE COUNTIES ® Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery, Nassau, New York, Orange, Putnam, Oueens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, Westchester WAGES ' Per hour. Painter (Striping-Highway): 07/01!2012 Striping-Machine Operator' $26.61 plus an additional $0.50" Linerman Thermoplasfic $31.87 plus an additional $0.50" "To be allocated at a future date ' Note:' Includes but is not limited to: Positioning of cones and directing of traffic using hand held devices. Excludes the Driver/Operator of equipment used in the maintenance and protection of traffic safety SUPPLEMENTAL BENEFITS ' Per hour paid: 07/01/2012 Joumeyworker. Striping-Machine operator $ 14.18 ' Linennan Thermoplastic $ 14.55 OVERTIME PAY See ('B, "82, E, E2, P, S) on OVERTIME PAGE HOLIDAY Paid: See 5, 20) on HOLIDAY PAGE Overtime: See 5, 8, 11, 12, 15, 16, 17, 20, 21, 22) on HOLIDAY PAGE 9-8A/28A-LS ' ~B~IftlC~ lY~@fa! (yOII~S~AC1 "P ~ _S r ( a ~ ~~/a~t~'~~d JOB DESCRIPTION Painter -Metal Polisher DISTRICT 9 ENTIRE COUNTIES ' Page 38 Prevailing Wage Rates for 07101Y2012 - O6I30/2013 Published by the New York Slate Department of labor Last Published on Oat 01 2012 Nassau County Albany, Allegany, Bronx, Broome, Cattareugus, Cayuga, Chautauqua, Chemung, Chenango, CliMan, 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, Odeans, 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 07/01/2012 Metal Polisher $ 26.11 Metal Polisher" $ 27.02 Metal Polisher"' $ 29.61 "Note: Applies on New Construction & complete renovation ' Note: Applies when working on scaffolds over 34 feet. SUPPLEMENTAL BENEFITS Per Hour: 07/0112012 Joumayworker. ' All classification $ 12.92 OVERTIME PAY See (B, E, D, T) on OVERTIME PAGE ' HouonY 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 Wages per hour: One (1) year term at the following wage rates: 1st 2nd 3rd ' $13.50 $15.00 $18.00 Supplentals benefits: Per hour paid: 1st 2nd 3rd ' $10.27 $10.39 $10.63 9-6AI28A-MP JOB DESCRIPTION Plasterer DISTRICT 9 ENTIRE COUNTIES , Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New York: Includes work in all Islands in New York City, except Manhattan. WAGES ' Per hour. 07/01/2012 Building: Plasterer/Traditional $ 35.53 ' SUPPLEMENTAL BENEFITS Per hour worked: Joumeyworker $ 21.80 , OVERTIME PAY See (B, E, E2, O) on OVERTIME PAGE HOLIDAY ' Paid: See (1) on HOLIDAY PAGE Overtime: Sae (5, 6, B, 11, 13, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: ' (per hour) (1) year terms at the following % Joumeywarkers wage rate. Page 39 ' Prevailing Wage Rates for 07101!2012 - 06/3012013 Published by the New York State DepaM~ent of Labor Last Published on Oct 01 2012 Nassau County First year. 1st 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 tens broken down into six month periods: 1st 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 9-530.21 iIS r eii _ ~ g~`°'.*~l~i' A: ~ ..._~Y .4.°:~e~a~ "}`~''s~;' x..,:~ a%.,. .gr.r'-,"10 ~~'~/2 JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Sutfoik WAGES Per Four. 07101/2012 ' Plumber/ PUMP & TANK $ 43.24 SUPPLEMENTAL BENEFITS Per Hour. Plumber $ 23.06 OVERTIME PAY ' See (B, O, V) on OVERTIME PAGE _ (V) Sunday & Holidays Only HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE ' REGISTERED APPRENTICES One(1) Year Terms at the Following Percentage of Joumeymans wage: 1st Term 30% 2nd Terra 40% 3rd Term 50°h ' 4th Term 60% 5th Tenn 70°h 6th Terra 85% Supplemental Benifits Per Hour. tstTerm $ii.38 2nd Terra $12.01 3rd Tertn $12.79 4th Tertn $13.16 5th Term $16.36 61tt Tertn $19.65 4-200 Pump & Tank um6er~ ~ ~ s ~ = ,~x„z; ~ ~ , ~ ~ a ~ ~ 4 ~ ~ h~, , . ~ 40/dfi2al J08 DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk Page 40 Prevailing Wage Rates for 071012012 - 06/3012013 Published by the New York State Department of Labor ' Last Published on OG 01 2012 Nassau County WAGES Per Hour: 07/01/2012 Plumber ' MAINTENANCE ONLY $ 29.46 (NOTE) Maintenance: Correction of problem(s)with the existing fixture or group of fixtures, preventive repairs or servicing of said fixtures SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS Per Hour. Plumber ' MAINTENANCE ONLY $11.25 OVERTIME PAY OVERTIME PAY , See (B, J) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16) on HOLIDAY PAGE HOLIDAY 4-200 Mdintance JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk , WAGES Per Hour: 0710112012 11/012012 05/01/2013 Plumber $48.48 $48.48 $48.48 ' SUPPLEMENTAL BENEFITS Per Hour. Plumber $30.90 $31.40 $31.90 ' OVERTIME PAY See (A, E, Q) 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 fallowing percentage of Plumbers Rate: 1st Tenn 2nd Tertn 3b Term 41h Tenn 51h Term 30% 40% 50°/a 60% 70°h ' Supplemental Benefits per hour. 1 st Term $17.19 $17.69 $18.19 ' 2nd Tenn $19.57 $20.07 $20.57 3rd Tenn $20.94 $21.44 $21.94 4th Term $22.46 $22.96 $23.46 5th Tenn $24 O6 $24 56 $25 O6 4200 fi>e* A _ mgr 1 ~.i S ~T~aC~ ,vF a k R~~=,tkn.~~ r!r ~ .tn..::;;.- ~..~:..r ~,f..~d~4~ixt -'cu .r .;:rc,.x c_..!: ;~.~:.'9c,`:G".,rt~s r.",un :.~r..va: .;°3,~i'~ti a ~8VQ4....~; JOB DESCRIPTION Roofer DISTRICT 4 ' ENTIRE COUNTIES Nassau, Suffolk WAGES ' Rate Per Hour 07/01/2012 10/01/2012 Page 41 ' Prevailing Wage Rates for 07/01/2012 - O6/30I2013 Published by the New Vork State Department of Labor Last Published on Oct 01 2012 Nassau County ROOFER/Waterproofer $38.50 Additional Plus $4.00 $1.30 to Base per hour wage. plus $4.00 per hour SUPPLEMENTAL BENEFITS Per Hour: 07/01!2012 10/01/2012 ROOFER/Waterproofer $ 23.39 $ 23.39 OVERTIME PAY Per Hour: ' NEW ROOF SEE (B,E,O) RE-ROOF SEE (B,E,E2,0) NOTE:Promium time to be calculated on "BASE WAGE" then add the $ 4.00. HOLIDAY ' Paid: See (1) on HOLIDAY PAGE Overtime: See 5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) Year farms at the following pecentage of RooferslVyaterproofers BASE Wage 1st 2nd 3rd 4th 40% 50% 70% 80% Plus $3.20 per hour ' Supplemental Benefits per hour: 07/01 /2012 10/01 /2012 ' 1st Tenn $ 6.67 $ 6.67 2nd Term $ 8.44 $ 8.44 3rd Term $ 16.02 $ 16.02 4th Term $ 18.31 $ 18.31 4154 I~1' ililotite ate,„ . ;tom' ~*4.M .z. '~u~ ~ ~ 1010'f~10'! ' JOB DESCRIPTION Sheetmetal Worker DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per Hour: 07/01/2012 Sign Erector $43.30 'NOTE: Overhead Highway Signs and SWCturally Supported Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS Per Hour. 07/01/2012 ' Sign Erector $41.44 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 Per Hour: 6 month Terms at the following percentage of Sign Erectors wage rate: 1st Tenn 35% 2nd Term 40°~ 3rd Tenn 45% 4tlt Term 50% 5fh Term 55% 6th Term - 60q° 7th Term 65% 8th Term 70% 9th Term 75% 10th Term 80°k Page 42 Prevailing Wage Rates for 07/01Y1012 -0813012013 Published by the New York Sfate Department of Labor ' last Published on Oct 01 2012 Nassau County SUPPLEMENTAL BENIFITS ' Per Hour: 1stTenn $13.20 2ndTertn $14.69 ' 3rd Terrn 16.19 4th Term 17.69 5th Term 23.27 6th Term 24.89 7th Terrn 27.17 8th Tertn 28.80 9th Terrn 30.47 10th Tenn 30.47 gyypp py~~{~y~} ~ut ~TT 4137SE 5100 BfahVlibelfA a ~ .r b~~5. J ~ ehY £~~~t~'~t~~~y~ 9~t Yi 5, sn sh~~,~ ~S,n Y1~~~~~ JOB DESCRIPTION Sheetmetal Worker DISTRICT 4 , ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES , Per Hour: 07/0112012 Sheetmetal Worker $48.90 Temporary Operation or Maintenace of Fans $39.77 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2012 Sheetmetal Worker $39.16 Maintenance Worker $39.16 OVERTIME PAY Sea (A, E, E2, O) on OVERTIME PAGE For Maintenance See Codes B,E & O ' HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES , Per Hour: B Monfh Tenns as Follows: 1st Tenn $16.41 , 2nd Terrn $18.80 3rd Terrn $21.35 41h Term $24.04 5th Term $25.30 , 6th Terrn $27.43 7th Term $33.35 8th Tenn $35.95 9th Tertn $38.98 ' Supplemental Benifits as Follows: 1st Terrn $18.01 ' 2nd Terrn $19.76 3rd Tenn $21.47 4th Term $23.21 5th Term $24.77 , 6th Term $26.81 7th Term $30.23 8th Term $31.34 91h Term $32 45 it z 4 ~ -a-a>},i a,:.~ "w"x ~ -'g. b¢~. - .a., Hr' Siinfi~tei~, a.r-g`3r?~, ,a ~s as , _ n s._~ i.. U ~i*w"..... ~°~a4?~d~n'Er .u ~"1n3...~m',..e m, .r` , . JOB DESCRIPTION Steamfiner DISTRICT 4 ' Page 43 Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Published by the New Vork State Department of Labor Last Published on Oct 01 2012 Nassau County ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2012 Steamfitter/Maintenance & $36.55 AC Service Work Refrigeration, A/C, Oil Bumer and Stoker Service and Repair. Refdgeraton Compressor installation up to Shp (combined). Air Condition /Heating Compressor installation up to 10hp (combined). ' SUPPLEMENTAL BENEFITS Per Hour Steamfitter/Maintenance & $ 9.35 ' AC Service Work OVERTIME PAY OVERTIME:....See (B, E, O', 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, Memonal Day ) 4-6368-StmFtrRef 'e. ~,~i'~., ~a",``~`5~.'p"'s.(~:"'. ..~t'`m ;~?3'M~,';.a`.~"~.*'~,.C:~,"...lik,+a!..~ax .u~ .ru~"~.. a:*`.P~»r 1 /01." rs~. _ JOB DESCRIPTION Steamfitter DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour. 07101!2012 12/26/2012 Steam/Sprinkler $56.81 `Additional ' Fitter $0.75/Hr Temporary $43.19 'Additional Heat 8 AC $0.75IHr ' 'Additional to be allocated to either Wages or benefits. NOTE: Add 30% to Houdy Wage for "Contracting Agency' Mandated Off Shift Work. SUPPLEMENTAL BENEFITS Per Hour. ' Steam/Sprinkler $44.96 Fitter ' Temporary $36.24 Heat & AC 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: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ' 1 year Terrns at the Following: Page 44 Prevailing Wage Rates for 07/01/2012 - O6I30Y1013 Published by the New York State DepartnreM of Labor , Last Published on Od 01 2012 Nassau County WAGES per hour: ' 1st Term 2nd Tenn 3rd Term 4th Term 5th Term $22.76 $28.44 $36.95 $45.46 $48.30 SUPPLEMENTAL BENEFIT , Per Hour. 1st Term 2nd Tenn 3rd Tenn 4th Tenn 5th Term ' $16.83 $23.20 $29.72 $36.35 $38.43 4-638A-StmSpFtr ' dnsuiN ` Y r ~ ~ r'~~~ - ~ ~;h tQ~ /201 JOB DESCRIPTION Survey Crew Consulting DISTRICT 9 ENTIRE COUNTIES ' Bronx, Kings, Nassau, New York, Pufnam, 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 pertonned under a Consulting Engineer agreement. Categories cover GPS & underground surveying. WAGES: (per hour) 07/01!2012 Survey Rates: Party Chief..... $ 33.70 Instrument Man.. $ 28.38 Rodman.......... $ 25.02 ' SUPPLEMENTAL BENEFRS Per Hour: All Crew Members: $ 11.70 ' OVERTIME PAY OVERTIME:.... See (B, E', O, V) ON OVERTIME PAGE. 'Doubletime paid on the 9th hour on Saturday. ' HOLIDAY Paid: Sae (5, 6, 7, 11, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16 on HOLIDAY PAGE 9-15dconsult JOB DESCRIPTION Teamster -Asphalt Delivery DISTRICT 4 ENTIRE COUNTIES ' Nassau, Suffolk WAGES Per Hour. 07/01/2012 07101/2013 , Heavy Construction Work: Shall indude the supply of Asphalt for construction, improvement and modification of all or any part of Streets, Highways, Bridges, Tunnels,Railroads, Canals, Dams, Airports, Schools, Power Generation Plants. ' "TRUCK DRIVER" Asphalt Delivery $34.375 $34.765 ' Light Consludion Work: Shall include the supply of Asphalt for construdtion of Single 8 Multi Family Homes, Town Houses, Apartment Buildings, induding Driveways, Streets and Curbs within those projects. Parking Lots, Office Buildings. Page 45 Prevailing Wage Rates for 07/01/2012 - 0613012013 PubNshed by the New York State Department of Labor Last Published on Oct Ot 2012 Nassau County "TRUCK DRIVER" Asphalt Delivery $27.15 $28.02 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2012 07101/2013 "Heavy Construction Work" "TRUCK DRIVER" Asphalt Delivery $37.6525 $38.9425 "Light Construction Work" "TRUCK DRIVER" Asphalt Delivery $11.65 $11.65 OVERTIME PAY See (B,'B2, E, "I, P, "'R, ""U) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25Yo on straight time hours for New York State D.O.T. and or other GOVERNMENTAL MANDATED off shift work. NOTE: (B,E,P,TB'U) Apply to Heavy Construction. NOTE: (B2,I,T&'U) Apply to Light Construction. NOTE: (`U) Only applies after 8 hours worked on holiday. ' HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6,'16, "25) on HOLIDAY PAGE NOTE:(`t6) Paid at Double if Worked. ("25) Paid at Double if Worked. 4-282 'Teti(fl~ "~luiYdin~` x ~ ~ ~rc* a t a+€ h r.: ~".,.,,,a. ~r,,,~~. ~ _ E w ~Y3 :'~=1U~Q~/20~~:. JOB DESCRIPTION Teamster -Building DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES ' Per Hour: 07/01/2012 7/01/2013 Truck Ddver (Building Demolifion & Debris) Treilers $28.93 $29.37 ' Straight Jobs $28.63 $29.07 SUPPLEMENTAL BENEFITS Per Hour: All Classifications $29.54 $30.44 OVERTIME PAY See (B, E, S, S1) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 7, 8, 11, 12, 26) on HOLIDAY PAGE 4-282 T°aaiirtisD`~leli~aiu Oi'-"C~~Ct2~9t° ~ T z~ i o- c rs "a,.~a°#~ `i ~.v ~ ~'IQI~jI~ '~~t ' JOB DESCRIPTION Teamster -Delivery of Concrete DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour. 07/01/2012 07/0112013 Heavy Construction Work: Shall Include the supply of Ready-Mix Concrete for cons4vction, improvment and modification of all or any part of Streets, Highways, Bridges, Tunnels, Railroads, Canals, Dams, Airports, Schools 8 Powar Generation Plants Page 46 Prevailing Wage Rates for 07/01 Y1012 - 06/30YL013 Published by Me New York State Department of Labor Last Published on Od 01 2012 Nassau County "TRUCK DRIVER" ' Concrete Delivery $35.69 $36.415 Light ConsWcfion Work: ' Shall include the supply of Ready-Mix Concrete for construction of Single & Multi Family Homes, Town Houses, Apartment Buildings, including Driveways, Streets and Curbs within those projects. Parking Lots and Office Buildings. "TRUCK DRNER" Concrete Delivery $31.83 $32.785 SUPPLEMENTAL BENEFITS Per Hour. 07/01/2012 07/01/2013 , "Heavy Construction Work" Concrete Delivery $35.83 $36.225 , "Light Construction Work' Concrete Delivery $11.60 $11.625 , OVERTIME PAY NOTE: Heavy ConsWclion:62,1 Light Construction:B,E,P HOLIDAY ' Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, `t 6, °25) on HOLIDAY PAGE NOTE:('16) Paid at Double if Worked ( 25) Paid at Double if Worked 4-282ns ' 9f t: eaVrv^ d~11f/a``.i~ ~r~tk„"~,"~ s1 r., ,,,v `3'a°'s r . ?~~.~<~F, Ctrs ~a `ra`.~ "f+~..Ybtl~.'(' 20'1° JOB DESCRIPTION Teamster - HeavyB Highway DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES , Per Hour: 07l01I2012 07/01/2013 Heavy Construction Work: Shall incude the construction, improvement or modification of all or any part of streets, highways, Bridges, Tunnels, Railroads, Canals, , Dams, Airports, Schools, Power Generation Plants. Site Excavating (Chauffeurs) $34.375 $34.765 Light ConsWction Work: , Shall include the construction, improvment and modification of Single & Multi Family Homes, Town Houses, Apartment Buildings, including driveways, Streets and Curbs within those projects. Parking Lots and Office Buildings. Site Exgvafing ' (Chauffeurs) $27.15 $28.02 SUPPLEMENTAL BENEFITS ' Per Hour. 07/01/2012 07/01/2013 Heavy Construcfion Work Chauffeurs $37.6525 $38.9425 ' Light Construcfion Work Chauffers ~ $11.65 $11.65 OVERTIME PAY , See (B,'B2, E, "I, P,'°R, ""U) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25°h on straight lime hours for NEW YORK STATE D.O.T. and or other GOVERMENTAL MANDATEdoff shift work. NOTE: (B,E,P,T 8'U) Appty to Heavy Construcfion. ' Page 47 ' Prevailing Wage Rates tw 07101/2012 -06/3012013 Publishetl by the New York Stale Department of Labor Last Published on Od 01 2012 Nassau County ' NOTE: (82,I,T &'U) Apply to Light Construction. NOTE: ('U) Only applies after 8 hours work on holiday ~HOLiDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6,'16, "25) on HOLIDAY PAGE NOTE:('16) Paid at Double if Worked. ("25) Paid at Double if Worked. 4-282 ' wel(~81~`~"..~".,~`"ii '~c~.a N'+-~-s~ i ' e`er sa ~ 44t'"~.rs...~~ ~'~r.. . ~ . ~ ~ k r ''x. 'I~)Qi)'~~'l? JOB DESCRIPTION Welder DISTRICT 1 ' ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Ene, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, FOngs, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Pufiam, Oueens, 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 07/0112012 Welder (To be paitl the same rate of the mechanic performing the work) OVERTIME PAY HOLIDAY 1-As Per Trade Page 48 Prevailing Wage Rates for 07/012012 - 06130!2013 Published by the New York State Department of Labor Lasl Published on Oct Ot 2012 Nassau Counly Nassau County Residential JOB DESCRIPTION Carpenter -Residential DISTRICT 4 ' ENTIRE COUNTIES Nassau, Sutfolk WAGES ' Per Hour: 07/0112012 07/01/2013 Carpenter 'Additional ' (Residential) $29.39 $1.66/Hr 'To be alocated to either wages or Benifits ' SUPPLEMENTAL BENEFITS Per Hour. Carpenter ' (Residential) $18.84 OVERTIME PAY See (82, J) on OVERTIME PAGE HOLIDAY Paid: See ((1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(1) Year Terms at the Following: ' 1st Yr $11.52 2nd Yr $15.22 ® 3rd Yr $17.68 ' 4th Yr $20.15 Supplemental Benefits per hour. ' Apprentice(s) $9.52 4-Reg Council Nass/SufFr ~ seen ~ z~~" ~ ~u ' ~ 3old'~ '1 JOB DESCRIPTION Electrician -Residential DISTRICT 4 ENTIRE COUNTIES ' Nassau, Suffolk WAGES Per Hour: 07/01/2012 ElectrciaN , Residengal Wireman $ 26.10 "PLEASE NOTE" ' Shall apply to wiring of all Single or Multiple Family Dwellings and Apartment Buildings up to (3) stodes. SUPPLEMENTAL BENEFITS Per Hour. Electrician 13°h of Houdy t Wage Paid + $ 10.88 NOTE: "Houdy Wage Paid• shall include any and all premium(s) pay , ® OVERTIME PAY - See (B, E2) on OVERTIME PAGE HOLIDAY , Page 49 Prevailing Wage Rates for 07/0112012 - 06/3012013 Published by the New York Slate Department of Labor Last Published on Oct Ot 2012 Nassau County ' Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE ® REGISTERED APPRENTICES Wages per hour: One(1 j Year Teen(s) at the Following Pecentage of Joumeyman(s) Wage: ' 1st Yr 2nd Yr 3rd Yr 4th Yr 50% 60% 70% 80% Supplemental Benefits per hour. 07/01 /2012 Apprentices ALL TERMS 3°h of Hourly Wage Paid + $6.53 NOTE: "Hourly Wage Paid' shall include any and all premium(s) pay ' 425resd JOB DESCRIPTION Plumber DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES PER HOUR: 07/01 /2012 Plumber Residen8al $29.46 (NOTE) Only to be used for One, Two or Multiple Family Dwellings Two Floors or less and no Communal Kitchens or Medical Facilities. SUPPLEMENTAL BENEFITS ' PER HOUR: Plumber Residen8al $11.25 ' OVERTIME PAY OVERTIME PAY See (B, J) on OVERTIME PAGE HOLIDAY ' Paid: See (1) on HOLIDAY PAGE Oven9me: See (5, 6, 15, 16) on HOLIDAY PAGE HOLIDAY 1 REGISTERED APPRENTICES One(1) Year Terms, WAGES Per Hour as follows: 1st Term $15.00 ' 2nd Term $16.75 3rd Terre $17.35 4th Term $18.61 5th Tenn $19.91 ' SUPPLEMENTS PER HOUR ALL TERMS $ 9.74 4200 `rv sn.• ymr4h F k e ,d*e~. MSi,. Y ~ g Y ~y { si_a .F~, ~ ~k S 4~ P S~ ~ r~ 2t ~ Y ~ }y a • JOB DESCRIPTION Plumber-Residen8al DISTRICT 4 ' ENTIRE COUNTIES Nassau, Suffolk Page 50 _ ~ Prevailing Wage Rates far 07/O1I2012 -06/30/2013 Published by the New York State Department of labor Last Published on Od 01 2012 Nassau County WAGES , Per Hour: 07/01/2012 PLUMBER ' RESIDENTIAL ONLY $ 29.46 (NOTE) Only to be used for One, Two or Multiple Family Dwellings Two Floors or less and no Communal Kitchens or Medical Facilities. ' SUPPLEMENTAL BENEFITS Per Hour: 07/01/2012 PLUMBER ' RESIDENTIAL ONLY $ 9.69 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(1) Year Terms, WAGES Per Hour as follows: 07/01/2012 1 st term $ 15.00 ' 2nd term $ 16.15 3rd Term $ 17.35 4th term $ 18.61 5th term $ 19.91 ' SUPPLEMENTS PER HOUR ® lst term $ 6.19 , 2nd term $ 8.19 3rd term $ 8.19 4th term $ 8.19 5th term $ 8.19 ' 4-PLUM200RT ® , Page 51 ' Prevailing Wage Rates for 07/01/2012 - 06/30/2013 Published by fhe New York State Department of Labor Last Published on Od Ot 2012 ' Overtime Codes ® Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. ' Additional requirements may also be listed in the HOLIDAY Becton. (A) Time and one half of the hourly rate after 7 hours per day ' (AA) Time and one half of the houdy rate after 7 and one half hours per day (B) Time and one half of the houdy rate after 8 hours per day (B7) Time and one half of the hourly rate for the 9th & 10th hours week days and the 1st 8 hours on Saturday. Double the houdy rote for all additional hours ( B2) Time and one half of the hourly rate after 40 hours per week ' (C) Double the houdy rate after 7 hours per day ( C1) Double the hourly rate after 7 and one half hours per day (D) Double the houdy rate after 8 hours per day ( D1) Double the houdy rate after 9 hours per day (E) Time and one half of the houdy rate on Saturday ( E1) Time and one half 1st 4 hours on Saturday Double the houdy rate all additional Saturday hours ( E3) Between 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 ( E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather (F) Time and one half of the houdy rate on Saturday and Sunday (G) Time and one half of the houdy rate on Saturctay and Holidays (H) Time and one half of the houdy rate on Saturday, Sunday, and Holidays (I) Time and one half of the hourly rate on Sunday (J) Time and one half of the hourly rate on Sunday and Holidays (K) Time and one half of the hourly rate on Holidays ' (L) Double the hourly rate on Saturday (M) Double fhe hourly rate on Saturday and Sunday (N) Double the hourly rate on Saturday and Holidays ' (O) Double the houdy rate on Saturday, Sunday, and Holidays (P) Double the houdy rate on Sunday ' (O) Double the houdy rate on Sunday and Holidays (R) Double the houdy rate on Holidays (S) Two and one half times the houdy rate for Holidays, if worked ® (S1) Two and one half times the hourly rate the first 8 hours on Sunday or Holidays One and one half times the houdy rate all additional hours. (T) Triple the houdy rate for Holidays, if worked Page 52 Prevailing Wage Rates fw 07/0112012 - O6/30I2013 Published by the New York Sfate DepaMrent of Labor , Last Published on Oct 01 2012 (U) Four limes the hourly rate for Holidays, if worked ' ® (V) Including benefiis 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 r s ~ Page 53 Prevailing Wage Rates for 07/01 Y2012 - 0&3012013 Puhkshed by the New York State Department of Labor Last Published on Oct Ot 2012 ' Holiday Codes ® PAID Holidays: Paid Holidays are da s for which an eligible empbyee receives a regular day's pay, but is not required to perform work. If an emplo~ee works on a day listedyas a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work addua ly performed. ' OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are,listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings For each classification. ' Following is an explanation 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 normally Gasified. (1) None (2) Labor Day ' (3) Memorial Day and Labor Day (4) Memorial Day and July 4th ' (5) Memorial Day, July 4th, and Labor Day (6) New Years, Thanksgiving, and Christmas (7) Lincoln's Birthday, Washington's Birthday, and Veterans Day (8) Good Fdday (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) 112 Day before Christmas (19) 1/2 Day before New Years ( 20) Thanksgiving ( 21) New Years Day ' (22) Christmas ( 23) Day before Christmas ' (24) Day before New Years ( 25) Presidents' Day ' (26) Martin Luther King, Jr. Day (27) Memorial Day _ ' Page 54 P,~~ N~ New York State Department of Labor -Bureau of Public Work , Fes` State Office Building Csmpua ( ~ Building 12 -Room 130 , ® q- Albauy, New York 12240 ENT REQUEST FOR WAGE AND SUPPLEMENT INFO MOTION ' As Required by Articles 8 and 9 of the NYS Labor Law Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. This Form Must Be ed ' Submitted By: (check Oo1y ? Contracting Agency ? Arohitect or Engineering Firm ? Public Work Distdd Office Date: A. Publle Work Contract to be let by: (Enter Data Pertaining to Contractlng/Public Agency] ' 1. Name and complete address r (Check H new or change) 2, NY Sfate Unit (see Item 5) ? 07 City ? Ot DOT ? OS Local Sdaol District , ? 02 OGS ? 08 Spedel Lopl District, I.e., ? 03 Donnikxy AuUartly Flre, Sewer, Wafer D6frict ? 04 State Unhrersity ? 10 Vipege Construction Fund ? 11 Town ' ? OS Mental Hygiene ? 12 County Faatitles CorP• ? 13 Other Non-N.Y. State Telephone: ( ) Fax: ( ) ? Og 07I{ER N.Y. STATE UNR (Describe) E-Map: , 3. SEND REPLY TO ~ ? check N new or d,ange) 4. SERVICE REQUIRED. Check appropdate box and provide project Name and complete address: infonnetlon. ? New Shcedule of Wagea and Supplements. , APPROXIMATE BID DATE ? Additlonal Ocapason andlor Redetermination ' ielephonr.( ] Fax: ( ] PRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY TNts PROJECT: E-Mail: ' 8. PROJECT PARTICULARS 5. Project Title e. Loeatlon of Project Lacatlon on Site , Desrxip0on d Work Rcufe NdStreef Address Village or City Contract Idenlficatlon Number T~ ' Note: For NYS units, the OSC Contred No. County 7. NaWre of Project -Check One: S. OCCUPATION FOR PROJECT: ' ? 1. New Building ? 2. Additlon to Existing SWdure ? ConsWctlon (8uikfing, Heavy ? Guards, Watchmen Highway/Sewer/Water) ? Jani~rs, Porters, Cleaners, ? 3. Heavy and Highway ConsWCtion (New and Repair) ? Tunnel Elevator Operators ? 4. Naw Sewer or Waterline ? Residential ? Moving fumiWre end ' ? 5.Otller New Construction (Explain) ? 6. Otller Remnslrucfion, Maintenance, Repair or Alteration ? ~~S°pe Meinlerlan~ equipment ? 7. Demdition ? FJevator maintenance ? Trash and refilse removal ? 8. Building Service Contract ? 6demdnabrs, Fumigators ? Window deanars ' ? Flre Safety Diredw, NYC Only ? Otlxar (DesWbe) 9. Has this project been reviewed for compliance with the Wicks Law involving separate bidding? YES ? NO ? 10. Name and Title d Requester ' Signature Pwaa(oe.tt) SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS , 1 ~~pp NZ;{i, NEW YORK STATE DEPARTMENT OF LABOR ' ~q. 4 Bureau of Public Work -Debarment List L[ST OF EMPLOYERS INELIGIBLE TO BID ON OR BE ' °m,~ ~ ~ AWARDED ANY PUBLIC WORK CONTRACT 1 ' 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: ' httos~/ldbr labor state nv us/EDList/searchPaae.do _ r ' NYSDOL Bureau of Public Work Debarment List 08/20/2012 ® Articie 8 DOL NVC A 6 T IRON WORKS INC 25 CLIFF STREET 122712009 1287/2014 NEW ROCNELLE NV 70507 DOL DOL ""'0711 A ULIANO 6 SON LTD MfILEORRIPLACE ~UR7~ 702812010 1088'2075 OOL OOl AUlUNO CONSTRUCTION 22 GR1FFEN COURT 102&2070 1072&2075 MILLER PLACE NV 11748 DOL NVC ""'5304 AAR/CO ELECTRIC INC 5902 AVENUEN 03/202008 03/2012074 BROOKLYN NV 11231 DOL NYC ""'4488 ABBEY PAINTING CDRP 2770728TH AVENUE 07/022012 07/022017 BAVSIDE NV 11380 DOL DOL ""'9095 AB00 TILE CO 8779 EAST MOLLOY ROAD 06252010 07022017 ' EAST SYRACUSE NV 73057 OOL OOl ••"'9095 ABDO TOJ? COMPANY Bt79 EAST MOLLOY ROAD 08252010 07X22017 EAST SYRACUSE NY 13057 DOL DOL ""'0835 ABOVE ALL PUMP REPAIR 380 KNICKERBOCID:R 70202008 10202073 CORp AVENUE BATAV41 NY 17776 ' DOL NYC ""'5022 ACE DRYWALL SVSTEM9INC. 194 ASHUWD PLACE 03X182005 03!082013 BROOq.YN NY 11217 DOL AG ""'8219 ACTNE CABLING INC GO FRANK DECAPITE 10X172008 10/012013 7 SYCAMORE ROAD DRWOODBURV NY 11787 ' DOL DOL ADAM A CEMERVS 2718 CURRY ROAD 07/082070 07AB2015 SCHENECTADY NY 12303 DOL DOL ""'7581 ADAM'S FLOOR COVERING 2718 CURRY ROAD 07N82010 07/152017 LLC SCHENECTADY NV 72303 DOl OOL AFFORDABLE PAINTING PW$ 387 GREEVES ROAD 10/012010 70/012015 NEW HAMPTON NV 10958 DOL DOL ALBERT CASEY 43-2854TH STREET 071012011 07X112018 WOODSIDE NV 11377 DOL DOL ALL TOWNS MECHANICAL BARRY 18 EAST SUNRISE HIGHWAY 01272003 01272013 MORRIS FREEPORT NY 11758 DOL DOL ""'8740 ALLSTATE ENVIRONMENTAL C/O JOSE MONTHS 031782017 03(752077 CORP 27 BUTLER PLACEVONI~RS NV 10710 DOL DOL ""'8534 ALPHA INTERIORS INC 573 ACORN STREET? SUITE C 05272010 052'72015 DEER PARK NY 11729 ' DOL DOl ""'5281 AMIRS VISION INC 230 PRATT STREET OBH 72003 09/772013 BUFFALO NV 74204 DOL NYC ANDERSON IOPEZ 870 SOUTHERN BLVD 087142011 087142016 BRONX NV 70955 DOL DOL ""'0080 ANDREA STEVENS 3TEVENS 2458 EAST RNER ROAD 07232008 07232013 TRUCgNG CORTLAND NY 13045 DOl AO ANTHONY BRAND 7005UMMER BTREET 712A2008 1129201d STANFORD CT OOL DA ANTHONY CARDINALE 5&4859TH STREET 05/162012 0&182017 MASPETH NY 17378 DOL DDL ANTNONYPOSELLA a9 GLENH73LLOw ton9no9s ta192o1a ROCHESTER NV 14822 DOL DOL ANTHONY TAORMINA 275 MCCORMICK DRNE 05202008 05202014 IK)FiElA1A NY 11778 DOL DOL ANTHONY ULIANO 71 GRS'FEN COURT 702&2010 102&2015 MILLER PLACE NY 17746 ' DOL DOL ""'2725 ARAGOWI CONSTRUCTION 5755 NEWHOUSE ROAD 10H02007 70/702012 CORD EAST AMHERS7 NY 14051 DOL DOL "°'5688 ARC MECHANK•ALCORP 215 ~R~ 7DRNE 051202008 05202014 ' DOL DOl ""'8482 ARGO CONTRACTING CORP 5752 WEST WEBS ROAD 05212008 05212013 VOUNGSTON?I OH 19515 DOL NYC ARIE BAR BROOq.YN NY 11234 032N2009 03202014 DOL DOL ARTHUR C OSUORAH PO BOX 1295 07/752008 02/152013 BUFFALO NV 14215 ' DOl OOl •""8027 ARTHUR DESIGN ENGINEERS PO BOX 1285 OL152008 02H52013 8 ASSOCIATES BUFFALO NV 14215 DOL DOL "^'8338 MTIERI SPECNITIES LLC SWffZER 107 STTVENB STREET 11XH2O09 11XH2Ot4 SALES LOCKPORT NY 14081 DOL p0. ""'2983 AST DRYWALL SACOUSTICS 48 J01093TREET•S1E 711 t7H6200B 1?/182073 ' INC NEW YORK NY 10038 DOL OOL ""'2534 B 8 B CONCRETE 55 OLD TURNPIKE ROAD 02/092011 07/042018 CONTRACTORS INC SUDS 812NANUET NY 10854 ® - OOl NVC BASIL ROMEO 243-03137TH AVENUE 03252070 03252015 ROSEDALE NV 17422 OOL DOL BEATRICE ORTEGl1 764 BB RONVI(NV 10482 831 05212008 05212013 Page 1 of 10 NYSDOL Bureau of Public Work Debarment List 0 812 0/2 0 7 2 , ® Article 8 OOL DOL ""'2289 BEDELL CONTRACTING CORP 2TINA LANE 01lO6rz012 01/0&2017 ' HOPEWELL JUNCTION NV 12533 OOL DOL BENNY VIGLIOTTI dO LIMN CONSTRUCTION 03/152010 03N52015 ' CO P O BOX 357CARLE PUCE NV 11514 DOL NYC BERNARD COHNEN 197 MARWOOD PLACE 051142008 05/142013 PARAMUS NJ 07852 DOL OOL ""'8999 BEST ROOFING OF NEW 30 MIDLAND AVENUE 11AT&2010 11/052015 ' JERSEY LLC WALLINGTON NI07057 DOL DOL ^"'8890 BETTY JOE FRAZIER NOBLE 23980 WHRE ROAD 07/142008 07/142013 CONSTRUCLI WATERTOWN NV 13801 ON GROUP DOL DOL BIAGIO CANTIS/WI 200 FERRIS AVENUE 12N62009 05AV2017 , WHITE PWN9 NV 10803 DOL DOL ""'0818 BLASTEC INC MILLER 121 UNCOW AVENUE 07212008 07212013 SANDBIASTIN ROCHESTER NY 14811 O 6 PAN4TING DOL DOL ""'8501 BLOCKHEAD CONCRETE a P O BOX 71 08/032008 09A32013 ' PAVING INC CHEEILTOWAGA NY 14228 OOL NYC ""'8377 BOSPHORUS CONSTRUCTION 3817 KINGS HIGHWAY43TE 1D 08/302010 ON302015 CORPORATKIN BROdaYtl NY 11234 DOL DOl BRNN NOXIE 2218 VALLEY ORNE 12AM(t00B 11AM(1014 - SYRACUSE NV 13207 , DOL DOL "^'4311 C 6 F SHEET METAL CORP 201 RK31AR0.4 STREET 02252009 02242014 BROOIO.YN NY 11231 DOL DOL ""'9288 CAL/ BROTHERS INC 1223 PARK 9TREEi 0&172W7 09H22012 PEEKSKILL NV 10588 OOL DOL CANTiSAN1aASSOC1A7E3 492 FERRIS AVENUE 12A142009 0&042017 LTO WHRE PLAINS NY 10803 , OOL OOL CANRSANI HOLDING LLC 220 FERRLS AVENUE 05/09rz012 OSA14rz01T WHITE PLAINS NY 10803 DOL OOL ""'1143 CARMODY BUILDING CORP 442 ARMONK ROAD 05/042012 05N4rz017 MOUNT KISCO NY 105.19 DOL OOL ""'3388 CARMODV CONCRETE CORP 612 ARMONK ROAD 17/IM2009 054]42017 ® MOUNT KISCO NV 10549 OOL DOL CARMODY CONTRACTING 220 FERRIS AVENUE OSN92012 OSN42017 CORD WHITE PWNS NY 10803 DOL DOL ""'8215 CAf1MODY CONTRACTING INC 220 FERRIS AVENUE 05!042012 OS/OM2017 WNTTEPWNS NY 10803 ' DOL DOL CARMODY ENTERPRISES LTD 220 FERRIS AVENUE 17/09rz008 05A142017 WHRE TRAINS NY 10803 DOL DOL '^"3872 CARMOW INC 442 ARMONK ROAD 12/042009 OSIOM2017 MOUNT KISCO NV 10549 DOL LX1L ""'3812 CARMOOY INDUSTRIES INC 442 FERRIS AVENUE OSA742012 05N42017 ' WHITE PWNS NY 10603 DOL DOL CATUAODV MAINTENANCE 105 KISCO AVENUE 05AM2012 05A742017 CORP MOUNT KISCO NY 10548 DOL DOL ""'03?A CARMOOV MASONRY CORP 442 ARMONK ROAD 17/01720W 054]42017 MOUNT KISKO NY 10548 ' DOL DOL ""'3812 CARMODV7INC 220 FERRIS AVENUE 17104f1W9 05N42017 WHTTE PLNNS NY 10803 DOL DOL ""'9721 CATENARY CONSTRUCTION 112 F81OSON AVENUE 07/142008 10202014 CORP ROCHESTER NV 14805 OOL DOL ""'1683 CATONE CONSTRUCTION 294 ALPINE ROAD 03NBrz012 03/082017 ' COMPANY INC ROCHESTER NY 1x23 DOL DOL CATONE ENT/"RPRISES INC 225OAKOTA STREET 031092012 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BRONX NY 100.57 DOL DOL K NELSON SACKOOR 18 JOV DRNE 01/052010 07/052015 NEW HYDE PARK NV 17040 DOL NYC KAMIL 02TURK 3715 KWGS HWY-STE 7D 0820/2010 08/302015 , BROOIO.YN NY 17234 DOL NYC KAZIMIERZ KONOPSq 1B4ASHlAND PLACE 03N8/1008 03A782073 BROOKLYN NY 11217 OOL NYC ""'4823 KEIIYB SHEET METAL, INC. 1428 ATLANTIC AVENUE 172812W7 01/142013 BROOKLYN NY 11218 ' DOL DOL ID:MPTON MCINTOSH 8531 AVENUE B 77/182008 72/142013 BROOKLYN NY 11238 OOL WL KEN DEAVER 731 WARWICK TURNPIKE Ofi/1&2012 06252017 HEWITT W 07421 ® DOL DOL ""'5941 gNGSV1EYV ENTERPRISES 7 W FBTSTSTREET 01/142011 01/142018 ' INC P O BOX 2LAKEWOOD NV 74750 DOL DOL gTZY3ZTOF PR%YBYL 271NA LANE 01/042012 01Ad2017 HOPEWELL JUNCTION NY 12533 DOl DOL ""'0528 LAOUARDIA CONSTRUCTION 474048TH STREET 07A72011 07A12018 , CORP WOODSIDE NV 11377 DOL NYC ""'8818 LAID=CONSTRUCTION AND 150 gNG33TREET 08H9/1888 OB/78f1B98 DEVELOPMENT BROOKLYN NY 71237 CORPOM7pN DOL DOL ""'9828 LANCET ARCH INC 712 HUDSON AVENUE 07/742008 74182014 ' ROCFfSTER NY 14605 OOL DOL LANCET SPECULL7Y C/O CATENARY 7d19F1009 14192014 CONTRAC7IN0 CORP CONSTRUCTION 112 HUDSON AVENUEROCF7ESTER NY , 14805 ooL DOL LARRY FRANGOS 5752 WEST WEBS ROAD 05212008 05212013 YOUNG570WN OH 44615 DOL DOL •"'•7907 IEEMA EXCAVATING INC 140 ARMSTRONG AVENUE 14212009 1021201{ SYRACUSE NY 13208 DOL AG ""'5102 LIBERTY TREE SERVICE, INC. 563 MUNCEY ROAD 07/14/1008 07!142013 ' WEST (SLIP NY 77795 DOL DOL ^^•8453 UNPHKl ELECTRICAL 523 SO1lTF110TH AVENUE O1A172011 01A72018 CONTRACTORS INC MWNTVERNON NY 10563 DOL DOL UNVAL BRONM 523 SOUTH LOTH AVENUE 0 7 /07201 7 OtA72078 MWNT VERNON NY 10563 ' DOL DOL ""'5953 LPD CONDIACTING OJC 1205 MCBRIOE AVENUE 08272007 ON272012 WEST PATTERSON W 07424 DOL DOL '^"5171 LWIN CONSTRUCTION CORP P080X 357 03/152010 03/152015 CABLE PLACE NY 11514 DOL DOL. 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""'7914 PRECISION SITE 89 EOISON AVENUE 10(!82011 10282018 ' DEVELOPMENiiNC MOUM VERNON NY 70550 OOL DOL ""'9358 PREGSION STEEL ERECTORS P O BOX 918 09N2/2009 09/022013 INC BREWERTON NV 13029 DOL DOL ""'6895 PROLINE CONCRETE OF WNY 3080 SHIRLEY ROAD 04/182077 72!)02078 .INC NORTH couws Nv 74771 , DOL DOL ""'2328 PUTMIW CONSTRUCTON 29 PHYLLL4 AVENUE 09/032008 091032013 COMPANY OF WESTERN NY BUFFALO NY 74275 DOL DOL RAMON BONILU 938 E Z12ND STREET 72 05252010 05252015 BRONX NY 10488 lX7L DOL ""'7284 REDWOOD FLOORING. WC. BB REDWOOD ORNE 05/182008 05/182013 ' ROCHESTER NY 14817 DOL NYC '^"6978 RISINGTECH INC 243L3 737TH AVENUE 03252010 03252015 ROSEDALE NY 11422 OOL DOL ROBBYE BISSESAR 8951 6PRINGFIEID BLVD 07/772003 07/712003 OUEENS VILLAGE NV 11427 ' DOL DOL ROBERT DIMNRSICO 1233 WALT WHITMAN ROAD 0//282008 OY282073 MELWLLE NY 11747 DOL NYC ROBERT FICAREW 1203013TH AVENUE 07/142077 07/742078 FLUSHING NV 17354 DOL DOL ""'1721 ROBERTS CONSTRUCTION OF 5 BANGER AVENUE 01282009 01232074 t UPSTATE NEW YORK INC NEW HARTFORD NY 13413 DOL DOL •""3167 ROCKERS AND NOCKERS LLC 207 RNERVIEW ROAD 10232007 10232072 REXFORD NV 121/8 OOL DOL "^'9026 ROJO MECHANICAL LLC '938 E 232ND STREET N2 05252010 05252015 BROKK NV 70468 ' DOL DOL RONALD R SAVOY C/O CNV P O BOX 250 11A1B200B 71A1B2013 MECHANK:AL EAST SYRACUSE NY 73057 ASSOCWTES INC DOL OOL ROSARIO CMRUBBA 5755 NEVAtOUSE ROAD 70/102007 10/102012 EASTAMHERST NY 16051 ' DOL DOL ""'5805 ROSE PAwT1NG LORP Y12 OAwS~TG AVENUE 05/702010 05!102015 WEST HARRISON NY 10804 DOL DOL ROSEANNE CANmSANI 71 TATAMUCK ROAD OSN//2072 051062017 POUND RB)GE NY 10578 ' DOL NYC ROSS) HOLLAND 1203028TH AVENUE 07/142071 01/142318 FLUSHING NY 11354 DOL DOL RUTH H SUTTON 939 GROVESIDE ROAD 08272008 08272013 BUSKIRK NY 12028 DOL DOL S B M CONTRACTING LLC 30 MIDLAND AVENUE 11N52010 11/052015 ' WALLNGTON NJ 07057 DOL DOL ""'2585 S 8 WATERPROOFR4O 04C SURE 43R 71N62008 11/OK2014 ® _ 2767 CONEY ISLAND AVENUEBROOKLYN NY 17223 DOL DOL ""'8088 SAMAR PAINMXB 6 737 E MAIN 5TREET 1?/012008 12N12013 ' DECORATING INC ELMSFORD NY 10523 Page 8 of 10 NYSDOL Bureau of Public Work Debarment List Oti20/2012 Article 8 DOL OOL •••••4923 SCHENIEY CONSTRUCTION 737 WARWICK TURNPIKE 0&252012 0&252017 INC HEWITT NJ 07427 DOL NVC "•••0987 SCHWARTZ ELECTRIC 89 WALKER STREET O1ro42008 07/042073 ' CONTRACTORS INC NEW YORK NY 10013 DOL DOL •••••8348 SEABURV ENTERPRISES TLC 225823EA BASS ORNE 10/702007 10H02072 BOCA RATON fl 33428 DOL NYC ^'•4020 SERVFTEK ELEVATOR CORP 2548 EAST TREMONT AVENUE OBro42009 08ro42074 BRONX NV 10481 DOL NYC SHAFIQUL ISLAM 11-27 30TH DRNE 05252077 05252018 LONG ISLAND Cm NY 71702 DOL NVC SHAHZAD ALAM 2710728TH AVE 07ro22072 O7ro22017 BAVSIDE NV 11380 DOL OOL SHAIKF YOUSUF C/O INDUS GENERAL CONST 04282(170 0//282016 ' 33-0191ST STREETJACKSON HEIGHTS NY 17372 DOL DOL '•'••025fi SIERRA ERECTORS INC 79 MADISON AVE •FL 77 ON762009 O/H62014 NEW YORK NV 70078 DOL OOL ••'••0475 SIGNAL CONSTRUCTION LLC 799 GRIDER STREET 77/142008 02252075 BUFFALO NY 74275 ' DOL DOL "•'•8468 SIGNATURE PAVINO AND P O BOX 772 08/132010 08/13/2015 SEALCOATNG JAMESTOWN NY 14707 DOL DOL ••"'8468 SIGNATURE SEALCOATING 395LMNGSTON AVENUE OM042007 OB/732015 AND STRIPING SERVICE P O BOX 7721AMESTOWN NY 14702 ' DOL DOL •••••0887 SNEEM CONSTRUCTION INC 43-2242ND STREET 07ro12077 07/012018 SUNNVSIDE NV 77704 DOL DOL SPASOJE DOBRIC 67 WILLET STREET-BUTTE 07/092070 02/232017 PASSAIC NJ 07055 DOL DOL •••^3539 SPOTLESS CON7RACTiNG IMPACT 447HIELLS-Mr NV ROAD tOH42011 70/142018 ' INDUSTRIAL POMONA NY 10970 SERVICES INC DOL DOL •••'•3496 STAR INTERNATIONAL INC 8%1 SPRINGFlELD BLVD OBH 72003 00/17/3003 QUEENS VNJAGE NY 17427 DOL NYC •••••8650 START ELEVATOR 43508ULLARD AVENUE 01282008 01282073 CONSTRUCTION INC. BRONX NY 10468 N DOL NYC ••••9898 START ELEVATOR 4350BWARD AVENUE 07282008 07282013 MAINTENANCE INC. BRONX NY 10988 DOL NYC ••"•1218 START ELEVATOR REPAIR, 4350 BULLARO AVENUE 01282008 07282013 INC. BRONX NY 70488 ' DOL NYC •••••2101 START ELEVATOR, INC. 13W BOLLARD AVENUE 07282008 01282073 BRONX NV 70468 DOL DOl STEED GENERAL 7446 COMMERCE AVENUE 10ro872007 10/092072 CONTRACTORS INC BRONX NY 70467 DOl DOL STEFANIE MCKENNA 30 MIDLAND AVENUE 11ro52070 11ro52075 WALLOVGTON NJ 07057 ' DOL DOL STEPHEN BAL2ER 31-08 PARKWAY DRNE O7ro1200B 07/012013 BALDWIN NY 71510 DOL DOL STEVE PAPASTEFANOU 7945 COMMERCE AVENUE 10/092007 70/092012 BRONX NV 10181 DOL OOL STEVEN CONKUN 80 COLONIAL ROAD 02/152077 02/152018 STILLWATER NY 12170 DOL OOL •••••4081 STS CONSTRUCTION OF WNY 893 EAGLE STREET 061092008 06/092074 BUFFALO NY 14210 DOL OOL •••••2036 SUMCI ENTERPRISES INC 384 BLEAKER ROAD 702&2807 7025/2012 ROCHESTER NY 14808 t DOL DOL '••••4293 THEJOWINA GROUP LLC 34430UNOVIEW LANE 17222077 11222078 COLLEGE POINT NY 11356 DOL DOL THEODOREFFAULKS 18 F9TEWEm TRAIL 08/102008 OBI702073 HILTON NY 14488 DOL DOL THOMAS ASCHMONEIT 79 MADISON AVENUE - FL 17 OM182009 OM7B2074 NEW YORK NY 70076 DOL DOT. THOMAS DEMARTINO 158-11 BETH STREET 082512008 0625/2014 HOWARD BEACH NY 11414 DOL OOL THOMAS TERRANOVA 13 NEW ROAD/SUI7E 1 11/152070 11/152015 NEWBURGH NV 72550 DOL NVC TIMOTHY O"3ULWAN C/O SNEEM CONSTRUCTION 07ro12011 07/072078 4322 42ND STREETSUNNYSIOE NY 11104 DOL DOL TIMOTHY P SIKH 893 EAGLE STREET OBI092008 OBro92014 BUFFALO NY 14210 DOL DOL TNT OEMOLTTION AND 355 COUNTY ROUTES OBroB,2009 081192074 ENVIRONMENTAL INC FULTON NY 13088 DOL DOL "•'9375 TOTAL DOOR SUPPLYB 18 JOY DRIVE 01ro52070 01/052075 INSTALLATION INC NEW HYDE PPARK NY 11010 DOL DOl '••'•3315 TOTAL DOOR SUPPLY 8 18 JOY ORNE 01ro5/1070 01/05/2075 INSTALUTION INC NEW HYDE PPARK NY 11010 ' Page 9 of 10 NYSDOL Bureau of Public Work Dat7arment List 0 812012 0 1 2 ' Article 8 DOL DOL ""'8778 TOURO CONTRACTING CORD 1541 EAST 98TH STREET OSN42012 05/04/2017 ' BROOKLYN NY 11234 DOL DOL ""R357 TRAC CONSTRUCTION INC MUNICIPAL 9091 ERIE ROAD 0?/0;V2011 07/03/2016 MOLNG 8 MIX ANGOLA NY 14008 ' -IN-PLACE DOL DOL TRI STATE TRUCKING INC 140 ARMSTRONG AVENUE 10272008 70272014 SYRACUSE NY 13208 DOL DOL ""'5273 TRIAD PAINTING CO INC BSBN WELLWOOD AVE/STEC 09/012011 09N12018 UNOENHURST NV 11757 DOL DOL ""'4280 TWT CONSTRUCTION 73 NEW ROADISUf7E1 i1H52070 11/152015 ' COMPANY INC NEWBURGN NY 12550 DOL DOL ULIANO AND SONS INC 22 GRIFFEN COURT 70282010 10282015 MILLER PUCE NY 11748 Oa. OOL ""'0854 VANESSA COnINCSTRUCTION 588 E~ ~VEIS~ 703 082M2010 O9Y242075 DOL DOL ""'3270 VEZANDIO CONTRACTING 530 BEECH BTREET 07A712072 07A22017 ' CORD NEW HYDE PARK NY 11040 DOI. DOL VIRGINIAL CJIPONE 137E MAOJ STREET iTA12006 1N012013 ELMSFORD NY 10523 DOL NYC ""'9938 VISHAL CONSTRUCTIONINC 7&7235TH AVE-APT F83 03N4/N10 031042015 , JACKSON HEKiHB NY 11272 DOL DOI. ""'0329 WET PAINT CO.OF OSWEGO, 19ECAYUGA STREET 0&162008 051752073 INC OSWEGO NV 13128 DOL DOL ""'7817 WHRE PUINS CARPENTRY P O BOX 309 17A142009 05AM2077 CORP WHRE PWNS NY 10603 , DOL DOL WILL011A PUTNAM 50 RIDGE ROAD 0&03200!1 08uA12073 BUFFALO NY 74215 DOL OOL WILLNM SCRNEN3 30 MIDLAND AVENUE 71Nb2070 77N52075 WAWNGTON NJ 07057 DOL DOL WILLWAW FARMER JR 1t2 HUDSON AVENUE 10/192008 10/79207! ' ROCHESTER NY 14805 DOL NYC ""'5496 XAVIER CONTRACTING LLC 88 GAYLORD ROAD 07/102011 02/102078 SCARSDALE NV 10583 DOL AG YULY ARONSON 700 SUMMER STREET 77242008 7124207! ® STANFORD CT ' DOL DOL ZIPNENIAH DAMS 2086 ANTHONY AVENUE 171262007 12282012 BRONX NV 70457 Page 10 of 10 ' FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 PERMITS 1 A CURRENT COPY OF THE NATIONWIDE PERMIT WILL BE DISTRIBUTED TO THE CONTRACTORS AT A LATER DATE 1 t 1 1 FINAL NATIONWIDE PERMIT REGIONAL CONDITIONS AND DESIGNATED CRITICAL RESOURCE WATERS IN THE BUFFALO AND NEW YORK DISTRICTS (NEW YORK STATEI I. Nationwide Permit Specific Reeional Conditions: (Note: See Sections II and III for additional regional conditions that may apply) ' * Unless otherwise noted, all proposed regional conditions listed herein are applicable for activities in the entire state of New York Nationwide Permit 1-Aids to Navigation Permit-specific Regional Conditions (Buffalo and New York Districts): None ' Nationwide Permit 2 -Structures in Artificial Canals Permit-specific Regional Conditions (Buffalo and New York Districts): None Nationwide Permit 3 -Maintenance ' Permit-specific Regional Conditions (Buffalo and New York Districts): a. The Nationwide General Permit Condition No. 31 -Pre-Construction Notification (PCN) for activities proposed under NWP 3.b. involving the removal of accumulated sediments and debris in the vicinity of ' existing structures to restore the waterway to previously existing depths, must include evidence of such depths. Such evidence may include but is no[ limited to: wnstruction drawings of [he original structure; or project drawings of past excavation activities in the vicinity. If this information is not available, the PCN must include evidence of the existing depths immediately outside [he proposed work area. ' b. Every effort should be made to prevent additional encroachment into the beds of New York waterbodies. All repair or rehabilitation activities should focus on using the azea immediately landward of the existing structure. Bulkhead replacement shall be completed in-place or laddwazd of [he existing structure where practicable. When that is not practicable, a PCN shall be requved for any encroachment proposed within tidal waters of the U.S. or any extensions that exceed 18 inches waterwazd of the existing bulkhead within non-tidal waters. The PCN must include justification for a waterwazd extension of the bulkhead (e.g geologic Conditions, engineering requirements, etc). New York District Only Permit-specific Regional Condition: ' c. For those activities that require a PCN to the Corps of Engineers, and are located within Essential Fish Habitat waters as defined in Section ILD.8. below, to the maximum extent practicable, no in-water work shall occur between Mazch I and June 30. ' REMINDER TO APPLICANT: For projects involving culvert maintenance or replacement, please take particular note of the requirements of General Regional Conditions A.11, and A.12., below. Nationwide Permit 4 -Fish and R'ddlife Harvesting, Enhancement, and Attraction Devices and Activities ' Permit-specific Regional Conditions (Buffalo and New York Districts): None 1 6 . ~ DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING APR 1 b 2011 1y~,/~ NEW YORK, N.Y.10278-0090 REPLY TO ATTENTION OF'. ' Regulatory Branch-Eastern Permits Section SUBJECT: Permit Application Number NAN- 2011- 00224-ESQ ' by Fishers Island Ferry District ' Fishers Island Ferry District Attn: Robert Brooks, II, Chairman P.O. Box H Fishers Island, NY 06390 ' Dear Mr. Brooks: On February 14, 2011, the New York District Corps of Engineers ' received a request for Department of the Army authorization for the repair of an existing ferry ramp. Repairs will include the replacement of (1) 14 - foot wide by 24 - foot long ramp with a ' maximum of 22 - foot wide by 30 - foot long ramp. (1) 40 foot long bulkhead will be reconstructed using steel sheet pile and backfill with (80) cubic yards of gravel, stone fill. The site is located ' along Silver Eel Cove, in the Town of Southold; Suffolk County, New York. ' Based on the information submitted to this office, and accomplishment of notification in accordance with the applicable federal requirements, our review of the project indicates that an ' individual permit is not required. It appears that the activities within, the jurisdiction of this office could be accomplished under Department of the Army Nationwide General Permit Number 3. The ' nationwide permits are prescribed as an Issuance of Nationwide , Permits in the Federal Register dated March 12,.2007 (FR Vol. 72, No. 47). The work may be performed without further authorization ' from this office provided the activity complies with the permit conditions listed in Section B, No.3, Section C, any applicable New York District regional conditions, and any applicable regional conditions added by the State of New York, copies enclosed. 1 - Special Conditions ' 1) The permittee understands sad agrees that, if future operations by ' the waited States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, is ' the opinion of the Secretary of the 1?xmy or his authorized representative, said structure or work shall cause uareasoaable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice prom the Carps of ' Engineers, to remove, relocate, or altar the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any ' such removal or alteration. Please note that this nationwide permit (NWP) verification is ' based on a preliminary jurisdictional determination (JD). A preliminary JD is not appealable. If you wish, prior to commencement of the authorized work you may request an approved JD, ' which may be appealed, by contacting the New York District, U.S. Army Corps of Engineers for further instruction. To assist you in this decision and address any questions you may have on the , differences between preliminary and approved jurisdictional determinations, please review U.S. Army Corps of Engineers Regulatory Guidance Letter No. 08-02, which can be found at: ' http://www.usace.army.mil/CECW/Documents/cecwo/reg/rgls/rg108-02.pdf This verification is valid for a period of two years from the ' date of this letter, unless the nationwide permit is modified, reissued, or revoked. This verification will remain valid for two , years from the date of this letter if the activity complies with the terms of any subsequent modifications of the nationwide permit authorization. If the nationwide permits are suspended, revoked, , or modified in such a way that the activity would no longer comply with .the terms and conditions of a nationwide permit, and the proposed activity has commenced, or is under contract to commence, , the permittee shall have 12 months from the date of such action to complete the activity. All of the existing NWPS are scheduled to be modified, reissued, or revoked March 18, 2012. it is incumbent ' upon you to remain informed of changes to the NWPS. We will issue a public notice when the NWPS are reissued. This authorization is conditional on the apylicant's receipt of the required water quality certificate or waiver frame the New ' York State Department of Environmental Conservation (NYSD$C). No work may be accomplished until the required approval from NYSDEC has been obtained. ' This authorization is conditional on the applicant's receipt of the required coastal zone management concurrence or waiver from the New York State Department of State (NYSDOS). No work may be accomplished until the required approval from NYSDOS has bean ' obtained. within 30 days of the completion of the activity authorized by ' this permit, and nay mitigation required by this permit, you are to sign and submit the attached compliance certification form to this office. ' In order for us to better serve you, please complete. our Customer Service Survey located at: http://www.nan.usace.army.mil/business/buslinks/regulat/index.php?s urvey. If any questions should arise concerning this matter, please contact Sophia Squires, of my staff, at (917) 790- 8401. ' Sincerely, Stacey Jensen Chief, Eastern Permits Section i ' CF: Docko, Inc. Attn: Keith Neilson P.O. Box 421 Mystic, CT 06355 f ' , 1. ELJ:VATIDrI DATUM LS MEAN L.O\V WATER (MLW} r~b'H 39 1 ~ I ~ : 2' • ~ ' ~ 2 TDE DATA IS TAKEN FROM 20n NOA4 TIDE TABLES 1 3 N 37 _ REFERENCE : 51LVER EEL POND, FISHERS E31.4ND. \ \ y~ ~ ~ o .off / ~ " 3b s Nu1Y ' 3. PROJECT DESGWPT10Pk ~ ; ~ ` REPLACE OR REPAJRiRERJRBISH AND RBNSTfV1. AJJ EXISTING y FERRY TERMINAL. LARDING RAMP. REPLACE EXLSt1NG WOOD PILE ~ ry~,Q ~ ~ 1 ~ ~ ~ , ' GOUNTERWFJGHT TOWERS AND FENDER PNFS WITH 51NGLE \p' 65 ~W I 1w STEEL PN.E GOUNTERVvEIGFR TOWERS AND FENDER PILES. AL50 '~fO a ~e; REPLACE TWO EXGTNG FENDER DOLPFNNS, WATERWARD OF A a a~ BELL q f THE APPARENT HGH WATER LINE. ,,y 4. PROJECT PJRF05E 38 1! i ~a THIS I5 A FERRY TERMINAL LOADING FAGLRY IN a , , OggqWWW~~ SUPPORT OF A CAMMERGIAL FERRY. ~ SB p - ' 5. THESE APPLKATION DRAWNJGS REPRESENT - A COMPILATION OF 5URVEYS FOR ENVRONMENTAL PERMR PURPOSES. THEY ARE NOT CONSTRUOTION ~ Y•.,a• ~ -yj I' ~ GONTW~GT DOCUMENTS. A TOWN/OTY BIRLDING 2b PERMR MAYBE REQUIRED. - 35 2b ~ ~ ~S ~ ~ .2 a ~ \ 6. ADJOINING PROPERTY OWNERS: VvEST: EAST: LOGATIOIV MAP REF,9~1GE US COAST GUARD 5TATION TOWN oF50UT1-IOLD GiNtf:1?371 C./O GOPST GUARD STATION NEW LONDON FO BOX 72B GRP~PFiG NEW LONDON, Cf 06320 50UTHOLD, N~Y.p179'71' - ;000 _ O ~ qpp N YPRD~' ~ FISHEFZS ISL,~a,^fp~, ~1,ri.yr?!.'=~_a:~.SvSii:.'nr.,.'•~ i . ?~~~~Cia+.~+`~'Sr`,~"S :J-~r~'`1y~~G.i r-;J..4i.~i: Jr.Ki'~.'~. SOUND y~ N/F PROPERTY OF rr "'w•°.5~~a>~~':~'Y+-zs-*y~4~:~•~^°i:-`'~~' aa..:ti. r -y'~j 4.:-:•*:'Y!:-.wai.'?li: ~r.•,Ty: ti}S~Y!~:.+'~..i~.w`4cn~ M1 t :~.~GADAFAMILY~~~.;~,FISHEFZS ISLAIVO:;eo- .,i~iv ~ ~=-v-':'k~ ';TOWN cF SOUTHOLD:. :`4 fr u~'' ~v,.,..;:ltiip'"eTY.:ee~.~-u1; t..~t•~_{. '%+»Ca ~Jr,V" r~..=.;~c~:-4 ~y h; ~f1 .>.•x~r;:a~: rS +.Kzzsc:~;,';^'.. +';aY`~::ti.. ~r~ \L,-r'r .i ?c\ .Vi=i _ SIL~/EF2 EEL "FC'''.jr..';;`:s~`,`>42~•;-;.~;;t ~;.r,:~'~ 0 0 0 0 0 ° 'N%F PROPERTY of'= ,.h~' ' ° ...,x. ° o 0 o OWN of SOUTHOLD ' Vii:,-.,<+a ° o PROJEG7: LOADING RAMP Tai~;:~~se},~:;_k J~~i': ~"~Y~~ ' a•`^,°S,. REP~JR /REPLACEMENT A ' s `jXyaf ~ r..i :.:~.ri~,~ •ri`'xdt~tie N/F PROPERTY Of .ru'vn,' o r,.vur.~iiti-:~,fya U.S. COAST GUARD `«a'..+v:~.h - o ti y=:.. v'S•.a.~ ,'1''~4~a•'!5 ,y yF<'+.'~jY`i 'rh :-F+.'w-M~E Fti:.. M{. A~~G ~~p~~~~ - ~ W ~ rrV/t"GR 1 1 Yr ~.:~::~i:~:::::~:is:i:::::::.;:? _ Ia:4- .Ge t. i a:::: f~~:':i:iii:':'i:::':~ :':i::':::::i:::~%:::~ ...:.:::iii ' M'.~i:i::'::: hiii:;:':?:'i~':i•: ::.:i:]~i:~i::- '~`:'t!~l\-..~La',1... :~::i:.ii:~:Ei?):ri•:::::iiiii~i~iii:~iiiiiri:::4::::.. :ii::~i~i~ :ir... .::::::::.:::::.r::::.:r::::::.:~.e... :::::::.~<:-:S:ii:i~iiiii~ii:::::. ..r,.• GADA FAMILY :i::;::iii::i:;;i- ' :':::::JJP:::::n^ ...,:t::::•F::]'i":u::::'::%:::Y::'...:::::~::I:::i':ii~::4::~_::.: _:.~:::::A• _ 't'X.~ PARTNERSHIP ::::.::::::::.SITE ..,:[,._;!-a:;::;' ::a :vr. ter.` .::::.-::v:::::. r'R/t"GR I 1 OI ~::jii'i:ji;:`.•:i`: yti!:a'''fC• ..~,x .r - S . iri .S.F n . . ~S'ai; 4 1 a:i r*,,;r.:.c-- FISHERS ISLAND 6WFFICSGLEi• 700• ,...sy~r.~''='r:-.••rF . t . '~.r . ~n+< . y h r h ' t. V•tl " Mi :a. FERRY s p.a _..;v~. STNV 1 ~-,I-~ M~ F ~5e~:'~fY\. ~:::::::i:: ~ ~ ~.:;-:.».e•a`.' 200 ..,_...ti.:.~ f,-_ I ' PROJECT: MAIN RAMP REPAIR / REPI~4GEMENT ~~pF NF L.OCATIOV: FI5HER5LSUwD-TOWNof50lJTFIOLD ON KEI ~ WATERWAY: 51LVER EEL COVE' NEW YORK DATE ~uARY 24, eon O C K O , * w * APPUCrwT: FI51-IERS ISLAND FERRY • ~ r Z q DISTRICT ~ w PG-,ENT: STET 1 OF 3 ~ - O ~OGKO, I NG. y 6869F, 4~r' KeHh B. Neikort PE O P QrF$~~CN~~ Mvsrc. G'T 06355 ' e6o sn B~ FAx e6o 5n ~ DWG n->•~o EMS docko®snerrKr APR 1 4 2011 NAw PIER 'Q, EwsnN~ DoI.PHw O BE REPLACED (T1'P) SIL~/ER EEL GO~/E EXISnNG LOADING RAMP TO BE REPLACED OR p~rn~'FCgT RAMP REPAIRED/REFUR815HED and REINSTALLED NO GRANGE PROPOSED ALWL, MHWL and AHWL AIANG FADE of BULKHEAD (TYP) MA~OMUM NEW EXISTING RAMP EXISTING FENCE (1YF~ 15sFT RAMP DIMENSIONS ~R P~ ~ 22-FT WIDE X 30:L.F r ' - oaSnNG TIMBER WHARF = - 3.':;5?'3i'~ :t: F::r' is~i::_>::~r:S:ri';;r":~>:s>::;~;iiisisii:is~ii~:ii:i;i::~:isi':~:ii::;i':t~:;:~i:~i::;':::'::.:;'::~•:::::':::'::':::;'>::'>::':::•:~::'::;•:::•:::;::':::;'>::;'>:'>:~:'::';:::;;;'>:'::~:s'::;;•::':t::: EWti:~i:' 51NGLE SnEL. PILE ''>:;;i: ::i ::::::::::::.';`;?;r:'c~i:~i:ii::::::::;;:':::: E~STNVG CONCRETE BULJCHF~D ::::.:::i:~::.:z:~:`:::::.... GOLINTERUiEIGHTT :::~i:?:~:-:=::'::':':'::~:'~:`.:i~:is~~:i:>isis~::'::'>::'»:~;'>:.:.::.;'.::•:::::::::::.:::.::::::::::::•.:':>:'::<•:;:;::•;:'>:':::;:;'::::;'::;' OWERS APFROXIMATE:::;a.`•: PROPERTY nNG BrNMINOUS PAVEMENT ~";_:`:>.:;:?::;:s:':i:i:":ti ~i::r::4Si:~. :T: iiiiiii:~:'''tcii::iiiiciii:4iiii:6iiii}iF: i 'iiY:iii:::}'ii?:?:iiP:{!i6:i'ii:i4: isi•:i•:4isi}iiiii:ii(•iiiii•i:4iliiii:f°ii:i5ii: i:ihi}?iiiiif ~iii:5:~ i}i?iliiiiiiiii?iiiiicFiiiii:@ii ic:i4ii?i:':i:'?:,:. ~':i'iiiiiiii:'i:i!:•i:~iiiiiiili:'}:~:~?: i:':'::;:'::::':::~:i:'::'::::'::~::':: i:~: i:'::::'::'::'::'::•::•:::~: i:~::~:::'::'::'::'::'::': ii: ~:::::~i:•::'ii:::':::: TE ::•i:::':::'::'::i•i:•i:'::'::' i:'::~::•:::::':::':::::': ~ ~ iiii PROPEfZTY Of ~'i•iiiii?i:'?isii:•iiiii:'is~i:'i:•i:'i:•i:'iiiii?iii~i:':i':'iiii:(•:•ii:':i'iiiii:'i:':i'i:'ii;:i'?i: FiSHERSISLAND ~:;;;:;:•::':;';:'::':::a::::;:::'r:';>:<•;:':::>:::;•:::'::•::':r:;:::•::::'::;:;:;;':;: NEwSEva•~aFOO~aiN "'::.FERRY DISTRICT I~ eoLTBO corNEanrvs wivav®wtTHwssE ~:~:`ADMI::::::. TION is t:i:?i:4: NSTRA :::::::::::::::::::::::::.c:::::::::. BUILDING /SHOP ::?r:>':i&:i`~i r~:~)ii:~ili~:~:~1::>:~. IONG OIF wOOO Qi~FWG 5TT8 PLAN ~/IE3W ortFLrmet a.E oN eam•n~ soe ~wc++csrxe t•.so• so no 30 ~o ~o o so _ - - r?nNa:~ REPL4CE1`~'IE=fVT nwon DOLPHIN ' DE_.AT~.IL cr+ovr~csrsLe i•.a• 10 5 O b ~~i r'4, ~ BOTTOM SEDI'HJfrs SNJD w -r*.: ~2'~.-\sf4~~k `1 'Y I 'i~v~`x~ fxNLi`i i•.v3!C i`~y,GJe~vJw~ PRO.IEGT: MAIN RAMP REPAJR /REPLACEMENT F NEly LocAnonc FLSFiER515LAIW -rowT.l a~soimioLD jht'~ Gr1 K TH WATERWAY: 5~VER EEL COVE' NEW YORK ' tc`.~~ ~ vAT>_ aorvuazY2a,2on D 0 C $ 0 (1; t 5~ ~ APPI.KN~IT: FISFiERSK,l~1VD FERRY ' ~ s D157RIGT - ~ 2 PGFJxIT: SHEET Z aF 3 ~ _ C [~OGKO. INC. ~c ,fib OSg632-, ~t~a KeXh B. NePson, PE ~ P 0 ~ 'I R~,; ESSIO"~P ~ 572 r39~FAX 860 57~ 7569 DWG TH-710 , 'i ENINL• docko~xistner ~.M, ti...,,. ,,,,,rm ..~a_ ' ApR 14 2011 ' NEW SINGLP STEEL PILE NEW SINGLE STEEL. PILE COUNTERWF1GFiT TOWER and COUNTERWEIGHT TOWER and SHEAVE A55EMBLY (1YP) (xe detatl) SHEAVE ASSEMBLY LOiGAT10N FOR E>45nNG TIMBER PILE COUNTER RAMP IF REPLACED (71'P) WEK,Hi TOWER TO BE REPLACED (TYP) NEW STEEL 1-I II O~Cr---E>45TBJGUGFfTS(TYP) FENDER RLE xkh~-I 1 ~ 11 I II T E~571NG LOADING RAMP TO BE B~IFERATONIP I5 `nNG!THREE RLE ! i I I I I REPLt~GED or REPaRED/REFi.IR81SHED and REINSTALLED READ (T~ DOLPrNN ii 1 1,. i I I I I ~ TOP ~ BULKfFI•D 9.61F~ NEW RAMP LENGTH 30iLF APPROXIMATE LIMIT OF 1{-I - ~ 14aLF D~T1`1E ~"w FENCE ' NEW RAMP IF 11"' ~ i S fix.<'~C ~Y `n~ ~X~ ~ Kv REPL+4CED r- BRUMNOUSPAVEMFNT . `~3~ ! :Ili ~ _ _ tiYti"~ EM5i1NG TE-B~PGKANCFIOR (fYP~;xfa AHWL 33'x- - ` ~ ~ - - ~"'tYt, sFl?~PLK.E P5 NEGES~RY r4W.23' _ _ 'F +~~,?r i'kLi:~~tq+~s ~~n~ta:. PLWL 0.0 - - -F-{ - E105TCJG SHEET PLE BLAJCHFPD ITM~1 E>45nNG S7EEi_ BEAM ~ I I I ~•''p~~yy~ur BLIWiEAD RAMV SUPPORT (1w) jl III I I I ~ . , f~ ' ~ I I ; I I I I ~ it r , ~ E~STMG RAMP SuvPaRr fn'y 11 ~ j I I~OM~.~ ~ TO BE REPLPGED ' 11 ~ I I I I B~~ 'NEW 40iLF SCOUR PROTECTION STEEL 1 1 I ' SKEET PILE wkh 60sGYafCLEAN GRAVEL. I I I 1 I I I CRUSHED 5TONE or GONGRE7E BAGKRLL I I j l I I i OVER 710Os5F Cr\. 1 ~ Cj 1. T. 1, s •T ' '~•a'1 r4 I I t~ YZ , Rp~,l ~t/a~ 'v+• '~yyar~s i •~[k~FI ~I Isrl.•pY~~`}L~1 .'AY. .{!u!:~ ~.i~3."14: Y{ II f. V.II S . 4 PROFILE NEW CCUNiET2WEiGHTC.4BLE GNPR#C 50.4.E 1'.b' 4iE11VEA55Ef'BLY A - b 5 O b NOTE REIAATE ~iWTWD'fFi71FT ~ -Y~ cur rowER vasml~ w„v~_ and t PuPiDOLPFaJ wvni wFT roACCOr~r1oDATE NEW ' ~M° ~'1DTM f~1 Lo~rrvG RArm ro NEW E~ BE REPL4GE'D or Ra-IP Harr (TYV~ REPAIREDrRER.1D oneREWSrALLED NEwsw~LE srEEL ~ couNrFRwnr~r+r rowER (rw) GOUIVTERWEIGF-iT ,~y~R TOWER DETAIL - • GFPPrIG 5011E 1'.10' - -1~yIV+L_ 10 5 O 10 -----AL~_--- NEWRAMP 54FETY BF1N'1 PRO~EGT: MAIN RAMP REPAIR /REPLACEMENT LOCATIOPk FISHERS ISLAND -TCNON of 50U1TiOLD ~~QE NEry 1„ WATERWAY: SILVERVER EEL COVE' NEW YORK t<P oN H ,p DATe .uwuARY 2A 7011 • p 0 0 K p • ~ z ~ * APPIx.ANr: F ~ISLfwD FFFRRY w AGENT: SHEET 3 OF 3 j ' m $ ° I70GK0, INC. ~ oaaesa• P 0 r ~e~cr 0 1• ' jOOFES510r'p~ 860577 8939 FAJ( 860 572 7569 pWG h-1-1710 EMNL• dodra®xKt.ner KJ1h N/Ywt De6e k 7/9/Yfi TA] N'1 FfD_I'b~-Ran09~a+9 ' NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUESTFOR APPEAL , Applicant: Fishers Island Ferry District File Number: NAN- 20l 1-00224-ESQ Date: Attached is: See Section Below ' INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) p PROFFERED PERMIT (Standard Permit or Letter of Permission) g ' PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ' X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following iderrti(res your rights and options regarding an administrntive appeal of the above decision. Additional ' :information may befound az http://usace.army.mi!/inet/fuhctons/cw/cecwo/reg or Coips regulations at 33 CFR Part 331.' A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. •ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the New York District Engineer for final authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights [o ' appeal the permit, including its terms and conditions, and approved jurisdictional determinations (JD) associated with the permit. •OBJECT: Ifyou object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the New York Distrito Engineer. Your objections must be received by the New York District Engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the New York District Engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the ' permit having determined thaz the permit should be issued as previously written. After evaluating your objections, the New York District Engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit. ' •ACCEPT: If ycu received a Standard Permit, you may sign the permit document and return it to the New York District Engineer for final authorization. Ifyou received a Letter of Permission (L,OP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights ro appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. •APPEAL: Ifyou choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may ' appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this forth and sending the forth to the North Atlantic Division Engineer, ATTN: CENAD-ET-O, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY 11252700. This forth must be received by the Division Engineer within 60 days of the date of ' this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the North Atlantic Division Engineer, ATTN: CENAD-ET-O, Fort Hamilton ' Military Community, Building 301, General Lee Avenue, Brooklyn, NY 11252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. ' D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new informaion. •ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. ' I •APPEAL: Ifyou disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the North Atlantic Division Engineer within 60 days ofthe date of this notice with a copy famished to the New York District Engineer. ' E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. ' The Preliminary JD is not appealable. if you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further inswction. Also you may provide new information for further consideration by the Corps to reevaluate the 1D. SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMTT ' REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision ar your objections to an initial proffered permit in clear concise statements. You may attach additional information to this farm to clarify where your reasons or , objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record ofthe appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the , administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide addhional information to clarify the location of infomtazion thaz is already in the administrative record.. c a. a M^ jrre Tg4+4 rtFS~ v r; ~ s ~ POIIVT OF CQN~'ACT FOR QUESTIONS OR INFORMATION ; ~ ' If you have questions regarding this decision and/or the appeal process you If you only have questions regarding the appeal process may contact: you may also contact: , Richard L. Tomer Michael G. V issichelli, Administrative Appeals Review U.S. Army Corps of Engineers, New York District Officer Jacob K. Javits Federal Building North Atlantic Division, U.S. Army Engineer Division New York, NY 10278-0090 Fort Hamilton Military Community ' (917) 790-8510 General Lee Avenue, Building 301 Broaklyn,NY 11252-6700 (718)765-7163 ' E-mail: Michael.G.VissichelliQusace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations ofthe project site during the course ofthe appeal process. You will be provided a I S day ' notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. , r ' ATTACHMENT ~ ZUII ' PRELIMINARY JURISDICTIONAL DETERMINATION FORM ' BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL ' DETERMINATION (JD): April 13, 2011 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Fishers Island Ferry District, P.O. Box H, Fishers Island, NY 06390 C. DISTRICT OFFICE, FILE NAME, AND NUMBER:NAN-2011-00224-ESQ D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES ' AT DIFFERENT SITES) State:New York County/parish/borough: Suffolk City: Southold Center coordinates of site (IaUlong in degree decimal format): Lat. 41 28 415° ' Pick-List, Long. - 72 00 886° Pick List. Universal Transverse Mercator: Name of nearest waterbody: Silver Eel Cove Identify (estimate) amount of waters in the review area: ' Non-wetland waters: linear feet: width (ft) and/or acres. Cowardin Class: Stream Flow: r Wetlands: acres. Cowardin Class: ' Name of any water bodies on the site that have been ident~ed as Section 10 waters: Tidal: Silver Eel Cove Non-Tidal: ' E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: April 13,-2011 ' ? Field Determination. Date(s): 1 1. The Corps of Engineers believes that there maybe jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party ' who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this ' preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for anon-reporting , NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization ' based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and , that basing a permit authorization on an approved JD could possibly. result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting ' the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation ' requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (ti) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other wafer bodies on the site affected in any way by that activity ' are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether , the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual ' permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary ' to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. ' This preliminary JD finds that there "maybe"waters of the United States on the subject project site, and ident~es all aquatic features on the site that could be affected by the proposed activity, based on the following information: ' 2 ' SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply ' -checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Site Plans of Project Location in Southold, New York. ? Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ' ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ' ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ' ? U.S. Geological Survey map(s). Cite scale & quad name: ? USDA Natural Resources Conservation Service Soil Survey. Citation: t ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ' ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ®Photographs: ? Aerial (Name & Date): or ®Other (Name & Date):Photo of Site location taken on 2/4/2011.. ? Previous determination(s). File no. and date of response letter: ? Other information (please specify): ' IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for ' later "urisdictional determinations. ~ - ~~~~1/ Signature and date f Signature and date of ' Legal Instruments xaminer person requesting preliminary JD (REQUIRED) _ (REQUIRED, unless obtaining the signature is impracticable) 3 10270 Federal Register /Vol. 77, No. 34 /Tuesday, February 21, 2012 /Notices 39. Commercial and Institutional High Tide Line such modifications, including the Developments Historic property removal of material from the stream 40. Agricultural Activities Independent utility channel, must be immediately adjacent 41. Reshaping Existing Drainage Ditches Indirect effects to the project or within the boundaries 42. Recreational Facilities Intermittent stream of the structure or fill. This NWP also 43. Stormwater Managemant Facilities Loss of waters of the United States authorizes [he repair, rehabilitation, or ' 44. Mining Activities Non-tidal wetland replacement of those structures or fills 45. Repair of Uplands Damaged by Open water destroyed or damaged by storms, floods, Discrete Events Ordinary high water mark fire or other discrete events, provided 46. Discharges in Ditches Perennial stream the repair, rehabilitation, or replacement 47. [Reserved] Practicable is commenced, or is under contract to ' 48. Commercial Shellfish Aquaculture Pre-constmction notification commence, within two years of the date Activities Preservation of their destruction or damage. In cases 49. Coal Remining Activities Re-establishment of catastrophic events, such as 50. Underground Coal Mining Activities Rehabilitation hurricanes or tornadoes, this two-year ' 51. Land-Based Renewable Energy Restoration limit may be waived by the district Generation Facilities Riffle and pool complex engineer, provided the parmittee can 52. Water-Based Renewable Energy Riparian azeas demonstrate funding, contract, or other Generation Pilot Projects Shellfish seeding similaz delayys. Single and complete linear project (b) Tbis NWP also authorizes the Nationwide Permit General Conditions Single and complete non-lineaz project removal of accumulated sediments and 1. Navigation Stormwater management debris in the vicinity of existing 2. Aquatic Life Movements Stormwater management facilities structures (e.g., bridges, culverted road 3. Spawning Areas Stream bed crossings, water intake structures, etc.) ' 4. Migratory Hird Breeding Areas Stream channelization and/or the placement of new or 5. Shellfish Beds S~orm'e additional riprap to protect the 6. Suitable Material Tidal wetland structue. The removal of sediment is 7. Water Supply Intakes Vegetated shallows limited to the minimum necessary to ' 8. Adverse Effects From Impoundments Waterbody restore the waterway in the vicinity of 9. Management of Water Flows B. Nationwide Permits the structure to the approximate 10. Fills Within 100-Year Floodplains 1. Aids to Navigation. The placement dimensions that existed when the 11. Equipment structure was built, but cannot extend 12. Soil Erosion and Sediment Controls of aids to navigation and regulatory farther than 200 feet in any direction ' 13. Removal of Temporary Fills mazkers which are approved by and from the structure.l'hia 200 foot limit installed in accordance with the 14. Proper Maintenance does not apply to maintenance dredging 15: Single and Complete Project requirements of the U.S. Coast Guazd to remove accumulated sediments 16, Wild and Scenic Rivers (see 33 CFR, chapter I, subchapter C, blocking or restricting outfall and intake ' 17. Tribal Rights part 66). (Section 10) structures or to maintenance dredging to 18. Endangered Species 2. Structures in Artificial Canals. remove accumulated sediments from 19. Migratory Hird and Bald and Golden Structures constructed in artificial canals associated with outfall end intake Eagle Permits canals within principally residential structures. All dredged or excavated 20. Historic Properties developments where the connection of materials must be deposited and 21. Discovery of Previously Unknown the canal to a navigable water of the retained in an area that has no waters of Remains and Artifacts United States has been previously the United States unless otherwise 22. Designated Critical Resource Waters authorized (see 33 CFR 322.5(8)). specifically approved by the district 23. Mitlgation (Section 10) engineer under separate authorization. ' 24. Safety of Impoundment Structures 3. Maintenance. (a) 7'he repair, The placement of new or additional 25. Water Quality rehabilitation, or replacement of any riprap must be the minimum necessary 26. Coastal Zone Management previously authorized, currently to protect the structure or to ensure the 27. Regional and Case-by-Case serviceable structure, or fill, or of any safety of the structure. Any bank ' Conditions currently serviceable structure or fill stabilization measures not directly 28. Use of Multiple Nationwide Permits authorized by 33 CFR 330.3, provided associated with the structure wilt 29. Transfer of Nationwide Permit that the stmcture or fill is not to be put require a separate authorization from Verifications to uses differing fmm those uses the district a meer. ' 30. Compliance Certification specified or contemplated for it in the (c) This NWP also authorizes 31. Pte-Construction Notification original permit or the most tecanUy temporary structures, fills, and work authorized modification. Minor necessary to conduct the maintenance District Engineer's Decision deviations in the structure's activity. Appropriate measures must be Further Information configuration or filled area, including taken to maintain normal downstream ' Definitions those due tochanges in materials, Bows and minimize flooding to the construction techniques, requirements maximum extent practicable, when Best management practices (BMPs) of other regulatory agencies, or current temporary structures, work, and Compensatory mitigation construction codes of safety standards discharges, including cofferdams, are Currently serviceable that are necessary to make the repair, necessary for construction activities, Direct effects rehabilitation, or replacement are access fills, or dewatering of _ Discharge authorized. Any stream channel construction sites. Temporary fills must Enhancement modification is limited to the minimum consist of materials, and be placed in a ' Ephemeral stream necessary For the repair, rehabilitation, manner, that will not be eroded by Establishment (creation) or replacement of the structnre or fill; expected high flows. Temporary fills General ReoIonal Conditions: Thasa conditions applti to ALL Nationwide Fermits. ' A. Construction Best 14ianagement Practices (B1VIP's): Unlzss specifically approved otherwise, the following BMP's must bz imptzmented to minimize erosion, migration of ' sediments, and adverse environmental impacts. Note that at a minimum, all erosion and sediment control practices must be designed, installed and maintained in accordance with the latest version of the "New York Standards and Specificatioru for Erosion and S€dimeni Gontrot This ' document is available at: httu'//www dec state nv us/website/dow/toolbox/escstandards/. 1. All synthetic erosion control features (e.g., silt fencing, netting, mats), which are intended for temporary use during construction, shall be completely removed and properly disposed of after their initial purpose has been served. Only natural fiber materials, which will degrade over time, may be used as permanent mzasures, or if used temporarily, may be abandoned in place. 2. Materials which are temporarily sidecast or stockpiled into watzts of the United States must be backfilled or removed to an upland azea within 30 days of the datz of ' deposition. 3. Dry stream crossing methods (e.g., diversion, dam and pump, flume, bore) shall be t utilizzd for culvert or otherpipe, or utility installations to reduce downstream impacts from turbidity and sedimentation. This may requve piping or pumping the stream flow- aroundthe work area and the use of cofferdams. ^ 4. For trenching activities in wetlands the applicant shall install impermeable trench dams or trench breakers at the wetland boundazies and every 100 feet within wetland ' azeas to prevent inadvertent drainage of wetlands or other waters of the United States. 5. No in-stream work shall occur during periods of high flow. 6. All culverts shall be conshucted/installed in accordance with the following:, For projects that involve the installation of a nz~v or replacement culverts for thz ' crossing offish-bearing streams, then a bottomless culvert or bridge that completely spans thz stream's banl~'ull elevation is rzquired. Fish-bearing streams include alJ statz•designated trout streams (i.e., streams that have the folloting New Y ork Statz Department of Environmental Conservation classifications: AA(t), A(tj, B(t) or C(t)}, er other fish-bearing stream. Local NYSDEC fisheries biologists can pro~~de assistance in determining if a particular stream supports fisheries. The requirement for a bottomless culvert or bridge can be aivzd if eneirtzering ' or other evaluations indicatz that a bottomless stru:ht*e is not fzasible for such a crossmo; in which cast a closed culvert Wray be u_zd with provisions fey embzdment as specified below. Infomtation documentins thz evaluation shall be ' i-!duded in thz permit application. This information must document n9ry the usz of 2 bridgz, arch-span er other bottomless culvzn, would not bz a practicable a!tcmativz. At a minimum, an enginezrins ecalua!ior. which shows that a ' bunort!less st: ucCUrt Ii n0i f2tilblz for such a cros_ms, as «'zll as a c~~s: comparLOn of coasYr!ctinn teclm!q!rzs and a_sociatzd maint_nance for those alt:rn?ri~'es must be pro~ide•j I. I 6 Sxaom rdaarate8dlb r I I ~ ( I r • vY w odK~i~1.' ~ I w Banam-hss Arcd Cuhlrt I with Foonags Unless cleazly demonstrated that it would not be practicable, closed culverts will be buried/embedded to a minimum depth of 1 foot for box culverts, and 2 feet or ' 20 percent of the vertical rise for round, or elliptical culverts, to allow natural substrate to colonize the structure's bottom, encourage fish movement and maintain the existing channel slope. If cleazly demonstrated that the culvert I cannot be embedded (e.g., bedrock or underground utilities, etc.), then measuzes shall be employed to ensure/enhance passage of aquatic organisms (e.g., baffles, etc.). Culvert slope should not exceed 4 percent. I l~m.ali~hwu.. I t =sr.~t~o.iwwB -~1 1 ~ i I ~ l Apr _ ~ ~'tahedded Bank-full flows shall bz accommodated through maintenance of the existing I bank-full channel cross sectional azea (or stream channel width at a minimum of 1.25 times the ordinary high water; or a 2 year design storm) within the culvert. I An average of three measurements (project location and straight sections of the stream upstream and dowmstreaml should be utilized to determine appropriate opening width. I l:fzasures will be included in all culvert cons4~rction that will promote the safe passage offish and other aquatic oreanisrns. The dimension, pattern; and profile I of the stream above at+.d below a pipe or cuhzrt sl-_euld not be pzrmanentl}- modified by ~eidenirg the steam channel orb} reducins the depth of the steam in connection with the ca~struction acticit}~. I ' If adverse impact; (i.e., increased erosion, chances in normal water depth3, etc.) to any waters of the United States due to poor construction practices are discovered, the pertnittee shall take necessary meas~!res to correct this deficiency, B. No regulated activity authorized by a Nationwide Permit can cause the loss of areas classified ' as a bog or fen in the State of New York, as determined by the Buffalo or the New York District Corps of Engineers, due to the scazcity of this habitat in New York State and the difficulty with in-land mitigation. The Dishicts will utilize the following document in the determination: ' Reschke, C. 1990. Ecological Communities of New York State. New York Natural Heritage Program. New York State Department of Environmental Conservation. Latham, N.Y. 96p. ' This document is available at the fallowing location: htto://www.dec.state.ny.us/website/dfwmr/heritaee/EcolComm.htm ' C. National Wild and Scealc Rivers (NWSR): The Upper Delaware River has been designated as a National Wild and Scenic River from the confluence of the East and West Branches below Hancock, New York, to the existing railroad bridge immediately downstream of Cherry Island in ' the vicinity of Sparrow Bush, New York In accordance with General Condition CIS, no activity may occur within a NSWR, including Study Rivers, unless the National Pazk Service (NPS) has determined in writing that the proposed work vn11 not adversely affect the NWSR designation or study status. Information regazding NWSR may be found at: http:/hvww.rivers.eov/wildriverslisthtml - - -------`D:~'or all proposals iequ'aing apse-construction uotrfcaHon (PCTi), In addition to the ' requirements in General Condition Z7(b), the applicant shall also include: ' 1. A completed New York State/USACE Joint Application Form which clearly indicates that the submission is a PLN. ' 2. A location map, including latitude and longitude or LTTht Coordinates, of the project location and project drawings on 8~~ by ll inch paper and.if necessary full size engineering drawings to accurately depict activities within waters of the United States. 3. For permanent fills within waters of the United States within the 100 yeaz floodplain, documentation of compliance with FEMA-approved state or local floodplain management requirement:. ' 4. Color photographs, sufficient to accurately por~ay the project site, keyed to a location map. ' S. A compensaterv mitigation plan prepared in accordan~:e with the'~Public Notice Announcing the Compensatory Mitigation Guidelines and Mitigation Checklist for Review of 1\litigation Plans for the U.S. Arm}' Corps of Engineers, New• York District," dated January 10; 200, for ali projects that involve the Jas of ¢reater than 1;10`'' of an acre of waters of the United States; or are located rithir. pe*.eruial streams; or requested a ' waiver of the 300 linear foot limit en intermittent and ephemeral streams. Ln accordance «ith ?3 C172 Part 320.~'(r)(l) censiderztion of mitigation «ill eccu; dvoughout thz permit application re~ieu process and includes avoiding. mini*nizirg. recdf}ing, . , reducing, or compensating forresnurce losses. hlitieatier, guidelines and checklist car. be found at vae~..nan.usace.arn~:.mil,besinessfi!islinks?rec„la_D?•'a::~i m:iti':'_1.Ddi 6. Documentation that the applicant has already contacted the NOAA Fisheries Service (NFS j and the U.S. Fish cad Wildlife Service (USFNS j concerning any Essential Fish ' Habitat (EFH), and any federally listed Threatened and Endangered Species that maybe affected by the proposed activity. The information provided to USFWS and NFS should include the information descnbed in l thiough 5 above and any other information , specifically requested by the federal agencies to conduct their evaluation for threatened and endangered species and essential fish habitat. This documentation should include but is not limited to results of habitat surveys and assessments; a description of the area to be , impacted including secondary impacts and the types and numbers of trees to be removed, sand placement, etc; a description of conservation measures which will avoid or minimize impacts to listed species. ' The web nddresses for the USFPJS may be found at httpl/wvnv fws eov/northeasdnvfo/es/esdesc htm. and the NMFS at: , httn•J/www nero noes eov/nerd/ 7. Provide documentation regazdmg any potential adverse effects to historic or cultural ' resources that may be listed or eligible for listing on the National Register of Historic Places. Information regarding the National Register of Historic Places maybe found at: t~pJ/nvsoazks sta nv us/shgo/re¢ister/index htm. ' 8. A written statement that clearly describes the following: (1) what measiaes have been taken to avoid and/or any adverse impacts to wetlands or other waters of the ---UmtedSffitd,-and(3)whatmeasmYShavebeendevelopedtocompensateforarryimpactsto---'-~ wetlands or other waters of the United States. E, Water Qaality Certltication Coadltioas: , Endangered or Threatened Spedes: An individual water quality certification is required if any activity is likely to jeopardize the existence of an endangered species or threatened ' species listed in 6 NYCRR Part 182, or likely to destroy or adversely modify the habitat of such species. Information on New York State endangered or threatened species may be obtained from the NYS Department of Environmental Natural Heritage Program at ' 625 Broadway, Albany, NY 12233-4757. Natural Heritage Sttes: An individual mvater quality certification is required for any activity in ' any location that supports a rare species or signi5cant natural community as identified and tracked by the New Yozk Natural Heritage Program. Information about where such locations are ktto«tt to exist.may be found at DEC regional offices, the New York ' Natural Herita¢e Program ut Albany, New York or, afrer September 1, 2007, on the DEC aebsite at whlv.decstate.ny,us: R`ild, Scenic and Recreational Rivers: An indi~~idual water qualit}- certification is required if ' the activity is located in wy Wild, Scenic or Recreational River segments. F. Coastal Zone ~Ianaaement Conditions: ' Actitiries authorized under NtVP's 1, 3 (except in canal<, that ax mere than 50'.0 ' bulkheadedj, 6, -t, 9, 11, 12, 14, lb, l5. ly, 22, 23, 25.21.25.29.30, 31.32, 33:35, 36, 33, 39, 4U. 41, 42, 43. 45 (except in ca ,als that atz r::ere than 50° 6 bulkhza•9edl, 4~, cad ~?S, ~chzr~ th:: ari ~iriz: ~.~~,~~ld a:c4r ~ich;a the folluuin_ CHIP ' ' special management areas: 1) The Long Is12nd Sound Regional Coastal Ivlanaeement Program; 2) Local Waterfront Revitalization Programs; 3) Significant Coastal Fish and Wildlife Habitats; and S) Harbor Management Plans; the follnving applies: a. Within thirty (30) days of receipt by NYSDOS of 2n applicant's submission, which should include a complete joint New York State Department of Environmental ' Conservation and U.S. Army Corps of Engineers Permit Application, completed Federal Consistency Assessment Fomr, and all information and data necessary to assess the effects of the proposed activity on and its consistency with the CIvIP, ' including location maps and photographs of the silo where the activity is proposed, NYSDOS will inform the applicant and the Corps whether: 1. Necessary Data and information is missing fiom the applicant's submission. II ' so, the NYSDOS w~71 notify the applicant and the Corps of the mission necessary data and information, and state that the NYSDOS ttview will not commence until the date the necessary data and information is provided; ' 2. The activity meet the General Concurrence criteria set forth in the CMP and therefore, further review of the proposed activity by the NYSDOS, and the NYSDOS concurrence with an individual consistency certification for the proposed activity, are not required; or 3. NYSDOS review of the proposed activity and NYSDOS concurrence with the applicant's consistency certification is necessary. Lf NYSDOS indicates review of this activity and a consistency certification for it is necessary, the activity shall not be authorized by N1VP or other form of Corps authorization unless NYSDOS concurs with an applicant's -consistency~certificatioa,-inaccordancewith-lit'FRPart930;Subpart------------ D, or unless NYSDOS indicates the activity meets CMP General' Concurrence criteria. ' III. CRITICAL RESOURCE WATERS hn accordance withNWP General Condition (GC) #19, certain activities in Critical Resource ' Waters cannot be authorized under the NWP program or would require a PCN (see GC #19 in the 72 FR 11092 for a list of these NWPs). Critical Resource Waters in New York State include the following: - 1. The New York District has designated the East-of-Hudson portion of the New York ' City water supply ~~atershed as Critical Resource Wa*.ers. This area includes portions of Dutchess, Putnam and Nestchester Counties as delineated on the attached map. 2.The Hudson River National Estuarine Research Resrn'ts (NERRI: is located ~tithin ' the New York District. The Hudson P.icer NERR consist; of four components: Piermont Marsh, Iona Island, Tivoli Bay, and Stockport Flats. I I { { 1 I I I Ca-{ . N ~ a, n 0 0 .e; ~ ,d ~ ~ ro Z ~ n rv ~ U~ r N 4J p~ r 211 1 '~i~ }wx ai;~ { ~k{'R~. t t,x: y a i~*, a ~l f al - ay~~ F~ I 1 ai a s AY 1 ~ r J• H ~~7 •j r~~ y r s 4 a } yr~ r3 K ly, y~yt } ' a 5{ ~ Y t. r 1 t ~ 1 I I u~~ ~ I r ~ r I . Y ; ~ n- EIiTCLOSURE 3 ~ w s. \ MSi~n ~ ~ i 1 ~ ra~vxhu~ 1 1 ' G~ ~ 1 _ 1 t Qom. NewYmkCifrWakrSoppfy ran ~ ice' ' East of Hudson Watersheds ~ ~ ~ _ {gip c,~w~.n.~ ~ ~ na~celod.~¦ U~ NiwneodRe„vrdn r ' - dlrkii aqueduct ~ I i~ , { '~n.w.nyapr~Ani~ ~ i FINAL NATIONWH)E PERMIT REGIONAL CONDITIONS AND ' DESIGNATED CRITICAL RESOURCE WATERS IN THE BUFFALO AND NEW YORK DISTRICTS ' (NEW YORK STATE) I. Nationwide Permit SDecific Regional Conditions: (Note: See Secrions II and III for addifional regional conditions that may apply) • Unless otherwise noted, all proposed regional conditions listed herein are applicable for activities ' in the entire state of New York. Nationwide Permit I -Aids to Navigation ' Permit-specific Regional Conditions (Buffalo and New York Districts): None Nationwide Permit 2 -Structures in Artificial Canals ' Permit-specific Regional Conditions (Buffalo and New York Districts): None , Nationwide Permit 3 -Maintenance Permit-specific Regional Conditions (Buffalo and New York Districts): ' a. The Nationwide General Pemvt Condition No. 31 -Pre-Construction Notification (PCN) for activities proposed under N W P 3.b. involving the removal of accumulated sediments and debris in the vicinity of existing structures to restore the waterway to previously existing depths, must inctude evidence of such ' depths. Such evidence may include but is not limited to: construction drawings of the original structure; or project drawings of past excavation activities in the vicinity. [f this information is not available, the PCN must include evidence of the existing depths immediately outside the proposed work azea. b. Every effort should be made to prevent additional encroachment into the beds of New York wa[erbodies. ' All repair or rehabilitation activities should focus on using the area immediately laddwazd of the existing structure. Bulkhead replacement shall be completed in-place or landward of [he existing structure where practicable. When that is not practicable, a PCN shall be required for any encroachment proposed within tidal waters of [he U.S. or any extensions that exceed 18 inches waterwazd of the existing bulkhead within non-tidal waters. The PCN must includejustificafion for a wa[erwazd extension of the bulkhead (e.g geologic conditions, engineering requirements, etc). ' New York District Only Permit-specific Regional Condition: c. For [hose activities [hat require a PCN [o the Corps of Engineers, and are located within Essential Fish ' Habitat waters as defined in Section II.D.8. below, [o the maximum extent practicable, no in-water work shall occur between March 1 and June 30. ' REMINDER TO APPLICANT: For projects involving culvert maintenance or replacement, , please take particular note of the requirements of General Regional Conditions A.11. and A.12., below. Nationwide Permit 4 -Fish and Wildlife Harvesting, Enhancement, and Attraction Devices ' and Activities Permit-specific Regional Conditions (Buffalo and New York Districts): None ' 6 - 1 ' USACE New York District Final Nationwide Permits for New York State Expiration Date March 18, 2012 t proposed repair, rehabilitation, or reconstruction of existing bulkheads [hat extend waterward more than 18 inches from the existing bulkhead will require notification to the District Engineer in accordance with Nationwide Pemiit General Condition Nutnber 27 ("Notification"). Notification must include justification ' for a watetward extension exceeding 18 inches, such as geologic conditions, engineering requirements, etc. 2. Water Quality Certification: Pursuant to Section 401 of the Clean Water Act and 6 NYCRR Part 608, ' Section 608.9, the New York State Department of Environmental Conservation hereby certifies that the activities listed below, undertaken in accordance with all the listed Special and General Conditions, will comply with the applicable provisions of the Clean Water Act and~applicable New York State water quality standards. Those NWPs with no Special Conditions remain subject [o General Conditions unless otherwise indicated. Water Quality Certification-Special Conditions for NWP#3: ' a. This certification does not authorize maintenance activities associated with hydropower projects. b. This certification does not authorize any activity that results in an alteration to waters of the United States ' such as draining or altering water levels. c. Authorized dewatering is limited to immediate work areas that are coffer-dammed or otherwise isolated from the larger water body or waters of the United States. Dewatering must be localized and not drain extensive areas of a water body or reduce the water level such that fish and other aquatic vertebrates aze ' killed or their eggs and nests aze exposed to desiccation, freezing or depredation in areas outside of the inunediate work site. d. Coffer dams or diversions shall not be constructed in a rnazmer that causes or exacerbates erosion of the bed or banks of a watercourse. e. Impoundment drawdowns (for maintenance activities) shall occur prior to October 15'" (before November 1~' for Long Island waters) or after March 1". If a drawdown is necessary during this period, then both the air and water temperature must be 50° F of higher, and the cloud cover must be less than 50 percent during the drawing down of water. f This certification does not authorize replacement of existing bulkheads or vertical retaining walls that extends waterward from the present footprint of the structure. 3. Coastal Zone Consistency Determination: This NWP is consistent with the New York State Coastal Management Program where the actvities would occur outside the following CMP special management areas: 1) The Long Island Sound Regional Coastal Management Program; 2) Local ' Waterfront Revitalization Programs; 3) Significant Coastal Fish and Wildlife Habitats; and 4) Harbor Management Plans. However, the New York State Department of State objects to [he Corps consistency determination where the activities authorized by this NWP would occur within ' the above referenced CMP special management areas, and therefore in those cases, see Section II, F, below. ' Nationwide Permit 4 - Fist and Wildlife Harvesting, Enhanceurent, and Attraction Devices and Activities ' 1. Permit-specific Regional Conditions: None 2. Water Quality Certification: Pursuant to Section 401 of the Clean Water Act and 6 NYCRR Part 608, Section 608.9, the New York State Department of Environmental Conservation hereby certifies that the activities listed below, undertaken in accordance with all the listed Special and ' Apri122, 2009 5 t DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 REPLY TO ' ATTENTION OF: CENAN-OP-RE NATIONWIDE PERMIT COMPLIANCE CERTIFICATION AND REPORT FORM Permittee: Fishers Island FerryD Distrrict Permit No. NAN-2011-00224-ESQ 1 Date Permit Issued: APR ~ ~ 2~~1 Location: Town of Southold, Suffolk County_,_ New York_ 1 Within 30 days of the completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to ' the address at the bottom of this form. Please note that your permitted activity is subject to a compliance inspection ' by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification or zevocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 764-4260. Place Stamp ' Here ' Department of the Army _ New York District Corps of Engineers Jacob K. Javits Federal Building ' ATTN: CENAN-OP-RE New York, New York 10278-0090 1 V~ In ff Tg.. ~ h • STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WAS HlN GTON AUENUE~ ANDREW M. CUOMO RUTN NOEMI COLON ' GUtiEP. /1]P. ALBANY, NY 12231'0001 MATING SE~:P.ED. P.Y JF ST°.rE February 16, 201 l 1 Mr. Keith Neilson Dock, Inc. Post Office Box 42l ' Mystic, Connecticut 06355 RE: F-2011-0042 U.S. Army Corps of Engineers/New York District Permit Application- Fishers Island Ferry District Repair/replacement and restoration of the main ferry ramp, ' enlarging the ramp 22'W x 30'L, and the installation of new counferweight support towers, ramp support beam and piles and protective dolphins water ward of ApHW line. Silver Eel Cove, Trumbull Avenue, Town of Southold, Suffolk ' County General Concurrence ' Dear Mr. Neilson: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting infbrrnation for this proposal on February 7, 2011. The Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and the Department's concurrence with an individual consistency certification for the proposed activity, are not required. ' This General Concurrence is without prejudice to and does not obviate the need to obtain all other applicable licenses, permits, other forms of authorization or approval that may be required pursuant to existing State statutes. When communicating with us regarding this matter, please contact us at (518) 4746000 and refer to our . file #F-2011-0042. ' Sincerely, 1 ~ ~ . ~~Za Supervisor, Consistency Review Unit Office of Coastal, Local Government J7/dc and Community Sustainability ' co: COE/ New York District -Stacey Jensen DEGRegion 1 -Roger Evans NMNY.OOS.STATE.NY.US E~MIL {r60®DOS.STASE.NY.US iiiiiii~ ~ ~ ~ ~ i~ ii? ~ ~ f• ~ ~ ~ ~ ~ i• ii? f? i~ es-zo.~ ~,,,os1 ~a New York State Department of Environmental Conservation ~ ~ The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For .further information regarding the nature and extent of the approved work and any Department conditions applied to .the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. 3 [ ~ Regional Permit Administrator Permit Number v ROGEk EVANS Expiration Date NOTE: This notice is NOT a permit NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ' Facility DEC ID 1-4738-00396 PERMIT Under the Environmental Conservation Law CL Permittee and Facility Information Permit Issued To: Facility: FISHERS ISLAND FERRY DISTRICT FISHERS ISLAND FERRY TERMINAL ' PO DRAWER 607 TRUMBULL DR & WINTHROP RD~SILVER EEL COVE-SCTM#1000-012-t-]0 FISHERS ISLAND, NY 06390-0607 FISHERS ISLAND, NY 11971 (631) 788-7463 Facility Application Contact: DOCKO INC PO BOX 421 ' MYSTIC, CT 06355 (860)572-8939 ' Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Fishers Island Facility Principal Reference Point: NYTM-E: 748.849 NYTM-N: 4571.506 Latitude: 41°15'24.0" Longitude: 72°01'47.0" Project Location: Trumbull Drive and Winthrop Road -Watercourse -Silver Eel Cove Authorized Activity: Enlazge existing ramp, install steel pile towers, piles and dolphins. All work must be in accordance with the attached plans stamped NYSDEC approved on 3/24/11. (JRP) Permit Authorizations ' Tidai Wetlands -Under Article 25 Permit ID 1-4738-00396/00014 New Permit Effective Date: 3/24/2011 Expiration Date: 3/31/2016 Water Quality Certification -Under Section 401- Clean Water Act Permit ID 1-4738-00396/00015 New Permit Effective Date: 3/24/2011 Expiration Date: 3/31/2016 Excavation & Fill in Navigable Waters -Under Article 15, Title 5 ' Permit ID 1-4738-00396/00016 New Permit Effective Date: 3/24/2011 Expiration Date: 3/24/2016 1 1 ' Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIItONMENTAL CONSERVATION ~ Facility DEC ID 1-4735-00396 t NYSDEC Approval ' By acceptance of this permit, the permittee agrees that the permit is contingent upon strict , compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Pemut Administrator ' Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK~50 CIRCLE RD STONY BRO/O`K, NY 11790 -3409 Authorized Signature: ~Z G Date ~8 / 34 n ' Distribution List ' DOCKO INC ' Habitat - TW JACQUELINE R PASQUINI Permit Components ' NATURAL RESOURCE PERMIT CONDITIONS ' WATER QUALITY CERTIFICATION SPECIFIC CONDITION , GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMTTTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS -Apply to the Following , Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; , EXCAVATION & FILL IN NAVIGABLE WATERS i. No Interference With Navigation There shall be no unreasonable interference with navigation by ' the work herein authorized. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance , with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Docko Inc. dated 1/24/11. Page 2 of 6 ' ' NEW YORK STATE DEPARTMENT OF ENVD20NMENTAL CONSERVATION ' Facility DEC ID 1-4738-00396 3. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which maybe caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no ' claim or right to compensation shall accrue from any such damage. 4. State May Require Site Restoration If upon the expiration or revocation of this permit, the project ' hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Departrnent of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 5. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Deparment of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner maybe ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 6. Precautions Against Contamination of Waters All necessary precautions shall be taken to ' preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. ' 7. Notice of Commencement At least 48 hours prior to. commencement of the project, the permittce and contractor shall sign and return the top portion of the enclosed notification form certifying that they ' are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 8. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent azea (upland) and removed to ' an approved upland azea for disposal. No debris is permitted in wetlands and/or protected buffer areas. 9. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal ' wetlands or protected buffer areas as a result of the permitted activities. Io. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to the upland azea landwazd of the bulkhead or on a bazge. 1 Page 3 of 6 ev , NEW YORK STATE DEPARTMENT OF ENVIItONMENTAL CONSERVATION Facility DEC ID 1-4738-00396 , 11. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (gasses, etc.) immediately following project completion or prior ' to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor gemunation. , ii. No Unauthorized Fi{l No fill or backfill is authorized by this permit without further written approval from the department (permit, modification, amendment). ' 13. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this pemut be construed to suggest , that the Department will issue a permit for such activities in the future. 14. No Structures on Pilings No structures, other than structures specifically authorized by this ' permit, shall be constructed on pilings without further authorization from the department (permit, modification or amendment). 15. Use of Treated Wood The use of wood treated with Pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. ' WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies , that the subject groject will not contravene effluent limitations or other limitations or standards under ' Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS -Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is , subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 , and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection ' to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available ' for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Page 4 of 6 ' ' NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ' Facility DEC ID 1-4738-00396 ' 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a ' sepazate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for pemut renewal, modification or transfer aze to be submitted to: Regional Pemrit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOIC~50 CIRCLE RD STONY BROOK, NY11790 -3409 ' 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the. following permit authorizations: Excavation & Fill in Navigable Waters, Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department ' reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a, materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; ' c. exceeding the scope of the project as described in the pemut application; ' d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. ' 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. 1 1 ' Page 5 of 6 NEW XORK STATE DEPARTMENT OF ENVIItONMENTAL CONSERVATION ~ ' Facility DEC ID I-4738-00396 ' NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS ' Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification , The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, ' and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the pennittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in ' compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under ' Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit ' The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the , permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits ' The pertnittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to cany out the activities that are authorized by this permit. , Item D: No Right to Trespass or Interfere whit Riparian Rights , This permit does not convey to the pcrtrtittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 ' NOTICE OF COMMENCEMENT OF CONSTRUCTION TURN THIS FORM TO:COk4PLIANCE Or Fax to: 631-444-0297 Bureau of Habitat-TW 50 Circle Road Stony Brook, NY 11790-3409 ~RMIT NUMBER: EXPIRATION DATE: P~RMITTEE NAME & PROJECT ADDRESS: ~NTRACTOR NAME !f, ADDRESS: TELEPHONE: r Sir: ~suant to the special conditions of the referenced permit, you are hereby notified that the authorized activity shall commence on . W e certify that we have read the referehced permit and approved plans and fully understand the authorized pro)ect and al{ rt conditions. W e have inspected the project site and can complete the project as described in the permit and as depicted on the roved plans. W e can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approved plans will vailable at the site for inspection in accordance with General Condition No. 1. (Both signatures required) ' PERMITEE: DATE CONTRACTOR: DATE THIS NOT/CE MUST BE SENT TO THE ABOVE ADDRESS A 7 LEAST TWO DAYS PR/OR TO COMMENCLMENT OF THE PROJECT D /OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND ~P°rJVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE R CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. t alon this Nne x x x x x x NOTICE OF COMPL' ETION OF CONSTR CTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat- TW 50 Circle Road ' Stony Brook, NY 11790-3409 ~RMIT NUMBER: EXPIRATION DATE: RMITTEE NAME 8 PROJECT ADDRESS: NTRACTOR NAME & ADDRESS: TELEPHONE: rsuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed'on . We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) ' PERMITEE: DATE ' CONTRACTOR: DATE 'OTTCE, WITH PHOTOGRAPHS OF THE COMPLETED WORK ANDlOR A COMPLETED SURVEY, AS APPROPRIATE, MUST 8E ~NI" TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 1 NOTes: •w ~ i 1. ElF/ATION DATUM 15 MEAAI LOa/ WATER (MLWj rrb •N 39 ~ ~ I ~ 2 TY7E DATA IS TAKEN FROM 20II NOAH T1DE TABLES ~ I 87 N ~ ' REFERENCE :SILVER EEL POND, RSHER5151PJVD. ?i• ]r ~ .a ~ \ i 35 3. PROJECT DE5GRIPTION: \ . ~ ~ - ~ ~ ~ r l REPL~GE OR REPAIR/RERIRBLSHANO REINSTALL AN EXISTING ~ ~p ~ ~ FERRY TERMINAL LOADING RAMP. REPIP~GE EXISTING WOOD RLE \4~ \ I ~ ' C~HT TGNVERS AND FENDER P9_ES WTfH 51NGLE S5 \ 1 ~ STEEL RLE COUNTERWEIGHT TOWERS AND FENDER RLES, AL50 ~abM MO Aai.~ y- • ~ ~ • REPLACE TWO EXISTNG FENDER DOLRiINS, WATERWARD OF _ 'THE APPARENIi HGH WATER LINE ~ 4'°P 13 ~ t 4. PROJECT PURPOSE ~ THIS IS A FERRY TERMINAL LOADING FACtlJ'fY W i~'' n C M SUPPORT OF A COMMERGLAL FERRY. ~ ni Se t" a - 5. THESE APPIJCATKXJ DRAWINGS REPRESENT A GOMRLATION ~ SURVEYS FOR ENVIRONMENTAL i • PERMR PURP05E5. THEY PRE NOT CONSTRUCTION ~ ~ ' y i GON'TRACT DOCUMENTS. A TONM/CITY &JILDING 25 PERMIT MAY BE REQUIRED. 35 26 ~ 1=' ~ tz 2 6. ADJOINING PROPERTY OWNEREr, WEST: EAST: LOCATION f"IAP ONCE U5 COAST GUARD STATION TOWN of SOUTHOLD GTL"KT ~ 772 G/O COAST GUARD STATION NEW LONDON PO BOX 729 ~'~E NEW l1)P1DON, GT 06320 SOUTHOLD, NY 11971 t000 O 1000 N YPRDf ~ F=1SHE ~ .._e_tis;:~°•2•crc;:w.; ~s:r= aTy...?.s~1-;:~i.:1'Y~,s~.:i:~-:.'~;..:~; RJ 1r.~-L~.ND-~-`-`- i. ~ e~4'+~`:il: „'~:'t^~.~, Y a•v+..1 i•i!'l^.l•4.'y ^ >+~u r~~':j SOUND '`as~,.;~'s '',;~;;1.,: ,,,:;.....-..«.~;~;.~,,,,,.,s,="«. NSF PROPERTY Of ~P `-sit '`s n :`e vT .a~ ~a r ~r~ ~`'t.:.r~ ~"ai F' `GADAFAMILY:r_ t FISHERS ISLAND~_ ~ r.r._~ `~.rTOWN of SOUTHOLD `j, :".a~'c! ~ {Y.:. h . ~Y::r s1.V 1 • ~....ii ..tA): r SIL~/ER EEL '.:nre ~N.,::.~-yw,...:Jn_. _ ,,.rx NPPROVEDAS~ER ~ ° G'O V E. ww •~~.ti"r-:Y'~zw •Zl'}'~,~... ~1'y.~':..J ° ° > Y}. ;{.c3w IMF. ti4}~`~G.i•'ii w~'14?;~ AND CONDITIONS OF ~ :•w~°`~~:'•'""•"-''- ' - PERMLl,~I 7_~ ~ ° ° ° , AyJ N/F PROPERTY of ° o~ OWN of SOUTHOLD M f ~ PROJECT LOADING RAMP - ' 1 REPAIR /REPLACEMENT '•n ~ n~vf~cr~J~v •'y;~v.'1Jngti9. -`•••`~.r'1~ "~`..t.-1 ~S;GYNA: NSF Plat/rGtc I 1 ~ ~i?s ~ ;.4~ O w.... ~d~:n:._.:.:iTE '_2• U.S. COAST GUARD . ~.e;.:,'z ° ° g »~:';~±~-.i'y~~`';~=` ~:''-rtiJ. ''.Y:`.""fi'r' a.?t V~>r1.'-'~ t:f M1;. :'i~-^ti; c' ;ant;=t-•zrs.y.Ctir; e~lM•Y~ti ° w~l.ti J+l. Y~Yiii. 1`.... IWr Ila4/rGlal 1 VI ~ N y, rr Y4 ~Yr'x . GADA FAMILY _ ` ss'"•' PARTNERSHIP / l:.' :PROPERTY of O~/EQ~I L F~L.A/V .4Y " ~ " Y RSHERS ISLAND ~aiaric scN.e 1 aoo • _ er , ' ; ;x~!.;ie=<•-l ? FERRY DISTRICT {r-.-''\r + i;,r•Ff r" i~ ~'l..'.t:? ' ~ 7C70 IOU O 200 <,k L .,~.ri-,~..~;. • . PROJECT. I•'IAIN RAMP REPAIR /REPLACEMENT pF NE LocATION FLSNERS ISLAND - TavN ~ SouTHOLD ' W y SUFFOLJG COUNTY. NEW YORK ~Q, ONKEI WATERWAY: SILVER EEL COVE ~ ~ ~ DATE: JANUARY 24, 20n ~ 0 0 C K 0 * ? ~ * APPLKiV.lT: FLSF£R5 LSt1VVD FERRY ~ ' ¢ DI5TRIGT m 1 w~ AGENT: SHEET 1 OF 3 C cz~ ~OGKO.ING. ti~ ss692•~ KeITh 8. NelL+on, PE ~ P 0 r ' yOFFSSIO~~~' 860572 ~ Ax 860 572 7569 EMaU mdco~srler.net DWG TI-1-2270 s, m, ' IvYSDEC: , F~I=P;.uVLD A5 NEfZ TERMS ' ~ DARE ITS .0.~- ~~~NAVY PCR ~ 1 EXISTING DOLPHIN w.,~ , TO BE REPLACED ('fl'P) SIL~/ER EEL GO~/E EXISTING LOADWG RAMP ~ TO BE REPLACED OR •F4c~T ~p ' REPAIRED/RERJRBISFIED and REJNSTAl.LED NO GI~IANGE PROPOSED ALWL, MHWL and AHWL ALONG FAGS oFBULKHEADEXISTING FENCE (lYf~~- ' MAXIMUM NEW EXISTING RAMP n RAMP DIMENSIONS /FENDER PILE (TYPE U`~T ~22-FT WIDE X 30:{.F - - - = - ~ i .T - = = = E~S1M1G TIMBER uhiARF _ ' EXISTING CONCRETE BULKHEAD ::';:s;; i:r::' NEW SINGLE STEEL PILE ;e i;:::;':i:::::::;::;s:::'::::;;:::::. ~:a:a:::::;:::~> r.;:>::::;::;:::::;;:~;;::;:;': C.OUNTERWEIGHT OWE NE :::::::::::::::::::'::::::::TING BRUMINOUS PAVEMENT'.';::;.::';:;:;:;:`; :?::.`;:;:`.::s;:;:;'':;';:. PPPROXIMATE, PROPERTY LI::::::::>::: :ii: PERTY of :;:::i:;~i';:5.'4i::;::' ;~:~i: i:::;'.`:;i:`;:;':::;;;iC;::;':;:... ;::;:;:a::;;•: PRO NcW SE~rEN PI.E OOLPHN ::`=FISHERSISI~ND :;:::~:a;: BOLT®COMEGf10N~ DISTRICT ~ www~wrrHi-r~w~ :i: =:;i.FERRY ADM NL5 LDI /SHOP `::;.`:'::Si:;;: BLA NG vroov a STr~ ctE E~'N PL~IV ~/IHW a~ eFxn•rar 5oe cww+csuuF 1.50 1WOwF5(TW) 50 40 30 20 b O 50 - -HfL33': , _ tYNl23' REPL.~.CEI~IEIV T r1W DOLPF-il fV ~ ' L7P_ATAIL GROPFIC SC.VF 1'.10' b 5 O b .~f~~..1.2.'q~ti O\•(T' •1...+.~ ...:n .•i;l.~ .~iiaji ^'?S -~80fTOM5~R'~li~s9'lV'A~i~;ri ~yr,'-.ai•,rr ti _ castlL Y~"tee/-.[~ t,>r.; . ~ ; :.tip ~ „ 1Ct - pRO,>ECf: MAIN RAMP REPAIR / REPL.~GEMENT t.OGATtON FISHERS ISLPND - TOWN d sOUT1-K)LD (pF NE~y suFFOUC couNTY. NEW YORx ~`i WATERWAY: 51LVER EEL COVE ~P pN K ,9 DATE ,ywUUARY 24, 20n ~ p 0 C $ 0 . ~ ~ m * APPLIGMYf: F15HEli5 LSl.4ND FERRY ~ Z 1! ~ ~ w ~ V. AGENT: SHEET 2 OF 3 I - 4 ~OGKO, INC. ~ ~ KeNh s. Ne~son• PE 0 P O sib ~8G92' ~ r,~y.~~~c~rj ~ 660 5T18939 FAX 860 572 7569 OFESSIONP DWG al-7IIo B•'wl= doclco~srietrrr NEW SINGLE STEEL PILE NEW SINGLE STEEL PILE COUNTERwEIGHr TOWER and COUNlERWFJGHT TOWER ord SHEAVEASSEMBLY(TYP) (see deFa1) EAVE A55EMBLY LOCATION FOR RAMP 1F REYLAGED (TYP) E>OSTNG TRIBER PILE GOUNTBt WEJGHI' TOWER TO BE ~APCED (IYP) NEW STEEL I-I , - II ~ ~+--E>a5TM1G LIGHTS (1YP) FENDER PILE wkh--~-1 I ~ `j I II EXI5T111NG LOADING RM1P TO BE BRACE TO SHORE ~ I I I I IIII REPLACED or REPAIRED/RERJR815HED and REINSTALLED IF RAMP IS EX1511NG T}REE RLE j. ~P~~ ~yP~ DOLPHIN (1YPj it l I IIII TOP OF BuI.I~D EL 6fFT NEW RMNP LlNG'M 308F piNN-IJNK FENLE APPROXIMATE UM7(OF I~- ' 24aLF D051NJG RN~P NEWRAMPIF Lam: ~ t iv:, ;:y'ry~y`j> 5y'a`'`ux<' .1Y `Y i~~~ ~~~a` REPLACED I , It. { v~ BRUMWtJ0U5 PAVII1FNf ~S"`'` r, ~ s_ ~~zrw 'c 5 ' : E%L~iTING 11E-B~GK AfVGFiOR (IYirJ ~!,K AHWL33x-- ~ _ - ,;~'cyii.-'~sVRERAGEASNECE55AR1' ALWLO.O. _ ~ _ _ _ ~ 1•a ~.iv va Y.vG7:/.~. 3..~ E>45TING STFA BEMt +!~I I I I u ~r ry ;E>a51ttJG SH~f Pu.E BtA.KHEPD (1YPI RM1P SUPPORT (TYP) ! I I ~11 I I I I" , :A; GREV10U5 BlA.I41EAD (IYF>J I~ ~ i %,I ! I IFROHF~ncE~ ~I) ,r Ews o (r,~P~ I I I, II I I I ~~r I I I~ ! I I I I BIRJCFiEPDr'` ~7•VJEW~•4r0~sLLF~5~C:~0/UDR/~P/R~O(TECCTwIOIN~S~TAE~E~L~ I t I 'I. I'' 1I11 II : ~IEGII„i WII,1OVil/1 VI ~li{VY VIVlV1-Yi I 1~~' I CRUSHED STONE ar CONCRETE Er1GKRLL I I Ij ; I I I I'i OVER 2oor5F I' .y ~ ~ 1.5 • N C .1 yY, ~T'y fib 4l: ,S"x...~' ,~!c ;~..p~+ F''It`ii'<,Y+~ • Tut Jy ~•t.~ X ~ II . II f/~• ~-r~.,W `~yy1 ~~a)`~ a'1 ~tb `1Arfr. ~y *qY~4~ 1 S.L'1r' II ~1+ 1''pq~Y\~) 'I S'~Y, •~N i~ "v:h i, .~.i.. Sr7 ..`YYrrs:Sa ~ ,rl'~r. .•..w.- PROFILE ~ ~HTC.nei.E GaPF4#L SCN.E t'.t0' SHEAVEA55EMBl-Y(fYP) MWW~U~N1V 1~ _ b 5 . b NOIEREJ.OG4TE F`wwnwvnil~T-`!' APPROVED AS PER TERMS ~T~ D05T'''~'~'D~- AND CONDITIONS OF °'d~ ~""°°""'F` roACCOr~D,nTENEw PERMIT N 3g=oc~~9G/D~d/~ Lonwn~Ratiaro DATES NEwE1EC7RGT1ANLUL ~ Eo RAMP Harr ~rwl „d REINSTALLED NEW SCVGL.E STEEL PILE CWNTIRN~E~HT TOWER (!YP) COIJIVTERWEIGF--IT NE\yGOUNTERWEEI6HT TOWER DETAIL _ . b 5 O 10 ---N.WL_-- NEWRAMP 54FE7YBEAM PROJECT: MAIN RAMP REPAIR / REPLAGEMEN7 ' ~~Q~ LOCATIa~L• FI5HER551.PJ`1D-TOWNaf50UTFIOLD W suFFOLK GaATfY, NEW YORK ~Q. ON KEI WATERWAY: 51LVF.R EEL COVE rj ~ '9~ DATE JMIUARY 24, 2011 • O 1;(O ty m * APPLJCiNT: RSFiERS ISLAND FERRY ~ 2 9 ¢ DISTRICT ' ~o : ~ u AGENT: SHEET 3 OF 3 • • ~ ~~I' l~OGKO, INC. ' °68ss2• KeMh B. NelLsori, PE O P O S 'QOFESSIONP~ ' GT 06355 8 6 0 572 8939 FAX 860 5T17569 DWG 14-1-7170 ENWI_ dacka®~net.rot . New York State Department of Environmental Conservation ' Division of Environmental Permits, Region One _ SONY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 V ' Phone: (631)444-0352 Fax: (637)444-0360 Website: www.dec.nv.QOv ' Jce Martens Commissioner March 25, 2011 Fishers Island Ferry District ' P.O. Drawer 607 Fishers Island, NY 06390-0607 ' Re: Permit No.: 1-4738-00396!00014 Dear Permittee: ' In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are ' enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, (r f..t~-~---~ ac uel' e R. Pas uini q q ' Enviro ental Analyst OOO JRP/Is 1 ' Jamea F. King, President ~~OF S~UTyO Town Hall Annex ' Bob Ghosio, Jr., Vice-President l~ 54375 Main Road P.O. Box 1179 Dave Bergen ~ ~ Southold, New York 11971-0959 John Bredemeyer G Q Michael J. Domino ~ i4 Telephone (631) 765-1892 ~~.~vulm,~ Fax (631) 765-6641 ' BOARD OF TOWN TRUSTEES ' TOWN OF SOUTHOLD September 19, 2012 Mr. Keith B. Neilson ' Docko, Inc. PO Box 421 Mystic, CT 06355 ' RE: FISHERS ISLAND FERRY DISTRICT SILVER EEL COVE, FISHERS ISLAND ' SCTM# 12-1-10 Dear Mr. Neilson: ' The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, September 19, 2012: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #7490 to include the installation of a 20' wide and 30' long ramp with no ' increased encroachment into Silver Eel Cove; the new bulkhead alignment will be landward of the existing steel sheet piling; the new counter weight towers and bumper system will remain in close proximity to their existing location and previously authorized locations; and as depicted on the revised site plan prepared by Docko, Inc., last dated August 28, 2012 and stamped approved on September 19, 2012. ' Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. ' If you have any questions, please call our office at (631) 765-1892. ' Sincerely, ~ James F. Kmg ' President, Board of Trustees JFK:amn . t ~t NOTES: _ 1. ELEVATION DATUM G MEMI LOW WATER (MLW). N ,b J ~ _ f C ' 2 T1DE DATA IS TAKEN FROM 2011 NOAA 71DE TABLES ~ l0 ~ ~ ~r~ REFERENCE :SILVER EEL POND, RSHERS ISLAND. F15HF25r-, i 3. PROJECT DESCRIPTION: ISLAND a ~ © .y~. ~ REPLACE AN EXISTING FERRY TERMIN/+J.. LOADING RAMP Wlll-I A SOUND z~ %j e ~ NEW 20xFf WIDE X 30sFT RAMP WITH ASSOGWTED BUMPER I - u ~ : ~ (J) ~ 0~ RLES AND COUNTERWEIGHT TOWERS. INSTALL 623LF OF STEEL - - `b ~ ~ » a ~ u!/' < SHEEP PILE BUW-IF1+D WrT}{ A OONGRETE GAP AND " f ~ i" ° naza~ p. ~ ' ASSIGIATED T1E-2rnGK SYSTEM. ALSO ADD 50:G1' OF u / u ^n t \ SUPPLEMENTAL STONE SCAUR PROTEG710N OVER 500r5F, AT ~ 'Rm•,a"" AND WATERWARD OF THE APPARENT HIGH WATER UNE. ~ y f r rtjt. et 4. PROJECT PURPOSE: a+ •,s,. ' THIS IS A FERRY TERMIN/+L LOADING FACILffY IN _ -%7 4J3P~5ffE cs. SUPPORT OF A GOMMERQAL FERRY, i 5. THESE APRJCATION DRAWINGS REPRESENT ~ Q zebaih A GOMRLATION OF SURVEYS FOR ~ ~ tV f • Field i ' ENVIRONMENTAL PERMR PURPOSES. THEY ARE a/ NOT CANSTRUGTION CONTRACT DOCUMENTS. A t ~ ' TObVN/OTY BUILDING PERMR MAY BE REQUIRED. f . ••r4, y:. ` • t 6. ADJOINING PROPERTY OWNERS: ~ ~ ' WEST. FvST: LOG~TION MAP REF'T2BJC,E US CAAST GUARD STATON TOWN cJpUTI..{OLp CFIART.12971 G/O COAST GUARD STATION NEW LONDON PO BOX 72B y~yF NEW LONDON. GT 06320 SOUTHOLD, NY 11971 ro7o O r00O N YA?D5 ' ~F-I.S v~ivv ~~v': .Y ..4 n^." 4~ ; i<}'1 Y VY SOUND N/F PROPERTY Df~'`~"• 1,~~ ' `~w ' ~ GADA FAMILY, ~ rc-•'~ F ERS 5v `z ' ~ i;~-•r.''TOWN -;:;ISLAND. ° _ :;,)y(ti~•-.yl•r .`ai-T:'~^-'frl,-l~''::;e:'e"~+~•'i`. tf;~-~J;:ti-!tF"„ _ ° SIL~/ER EELS! < ~':.<~.r.,,; n` ~ O ° O ° ~`L'";•'.:.;~'„>•j;'-v'-~~. '.nom":-?`.:» ° ° o o .I.;'•~ N/F PROPERTY of :;knee. ° ° o ` TOWN aFSOUTHOLD, ; s, ° PROJECT: NEW fZAMP and „m; ~ y~:' SEP - 4 2012 But_KI-LEAD `s~ ~;~:-:.g:-. j „I~: :;'.dviv`~:~2 MODIFICATION - '-'•::;~X~'„_'' A South ~ mac.,,,. ' Board °AST GU .;x;`r'~=~y... ° °„.r}-.~~:; i•`ri y. Xc-,,...'/%+9:C`i:::}' ° V as}r,fi-.E\e=: i ~i . ~Mi v,~^ wow. i I _ ~ y~ v .'f~-. AID 4 L n~~~~y :tip. 4. PRO/~~ , _ IW r rG llfa' i:.i.- RTY ~r y~ ~~::::i~:::::::~:::::~:::~::::::::: '4~+'. GADAF .:-;ao:::: s;:'s;;:::c:s;a :`i:;:E:ii4::a>::::.-:::::.:::::. -.:r`i?_l;d.~;? ARTNERSHIP . ~ ::,SITE!:;€:~>:~5::;::€s~':<;<::~::::::::::.. ~:~::.~::::,~::..::::::~:::::::.~::........:z`~,:;~::;`:::::ii:~:`~:?::::::=iii::9~-: '`i PRO ERA PL..„A!V ~ =:x. I.,. Tt;;:::`;:':`:;;5i::;::;' PERTYof€:7i::F::Fi:: "<a::::;;; s::yss?€%? FISHER515 ~IZnR+ic - . ~s`' LAND scsa.e I • _700 • . . - w ~ ' FERRY DISTRICT - • 1,~:.t - , , ~ - h \'v`.~inF`~.....::~i`:i~:is~(i`:'-:irii:~:~:::.-- i] 707 1Q'~ O - <:hY'~ y:v??-^`:+'s .~i4. ...__.....ii:_iii]bi_ iiiii: S:::::::a:cc.c:c::v: 700 x::a ='':.`•,.;$Y:.y:.:c.~n> >;i...: w. PROJECT: NEW RAMP g BULKHEAD MODIFIGA710N5 I , LOCATION: RSHERS ISLAND -TOWN of SOUTHOLp F NF(a/ SUFFOIJC COUNTY, NEW YORK ~Q'~ ON K I' WATERWAY: SILVER EEL COVE ~ ~e 8 DATE AUGUST 2B. 2012 O O C K O ' * ~ ~ ADPf-IGQNT: FISHERS ISLAND FERRY r = 9 * DISTRICT 's O ~ ;N(' w .°GFJV-f: SHEETIOFS • O• i L70GIG0, INC. y - ' 088692.\ KerIh B. Neilson, PE C a `v My~-n~, cr o63s5 ~ P O R P '90FfSS1Q^?~ 8605728939 FAX 8605727569 DWG ti-1-2270 ErMJL dacko(9snetnet ' Kellh Nd.m, Dad<o 4ie Ar]fl~a717 653 GM FlFDJ-Idri-ROnp_FeNyy ~d~,y ~ , ' noon NAVY RER 9 SIL~/ER EEL GO~/E EXISTING'EAST"RAMP ALWL, MHWL and AJ-IWL NO GRANGE PROPOSED EXISTING LOADING RAMP ALONG FADE of BULKHEAD (fl'P) SEE SHEET 3 EXISTING RAMP EXISTING FENCE (IYF~ ~ f~ PPORT/FENDER PILE (fYF~ n ~ ._.-ti~~ 6 _ ~i _ _ _ - EXISTING TIMBER ~MARF - f1i:. ~ EXISTING CANGRE7E BULKHEAD r.: APPROXIMATE,PROPERTY.tJNE EXISTING BffUMINOUS PAVEMENT I:: SITE ? s:. PROPERTY of - FISHERS ISLAND : III Irv FERRY DISTRICT wu,~av®wmi uaai anr~ ADMINISTRATION BUILDING/51-IOP ~ arm vnE > ~?ooo at~wG sTrac 1=X1~~- TIIVG GOIV~ITIOIVS oR~oox alFlrvv~ c~IUwuc scxe i • ~ so • oN er~rnxve slDe nvo cars (real 50 40 30 ]O 10 O 50 - HTL 33': - 1'liw 23' FZI=PL~.GEI~IEIVT nLwoo DOLPHIN ~ ~ C~1=~.T.a.1 L cararxcscaE r•_io• io s o Io r r ~ I ti I eartoM s®r-v~rs soiio _ `v . . 3 :.~`F a~Y ~ PROJECT: NEW R~11" IP ~ BULKHEAD MODIFICATIONS' LOCATION FLSHFRSISLfWD-TOWNaFSOUTIiOLD SUFFOLK COUNTY. NEW YORK ~~C. ~ E~/ y WATERWAY: SILVER EEL COVE ' ~,`Q`vpN K DATE AUGUST 2B. 2012 • U 0 C j(0 • * 2 p * APRJriWT Fl5HER5 ISLAND FERRY DISTRICT AGF1Yi: SHEET 2 OF 5 i I i I~OGKO, INC. ~c , 68682• ° 4.~ Mync,~Cio63~ ~ P O R 90FESSiONPV 860 5n 8939 FAX 860 572 7569 DWG n-7-220 ' EMA1L• dociw®snetret Kam nw~. Dod:o e,~ ei~~ou ~ an Fc~_rw,na,o ~,~_~,ay I I. 1 SIL~/ER EEL GO APPR VED BY BOA USTEES I T'T~C . UTHOLD a ~ REFLAGE 7-PYLE G7LPHIN ~+1th NEW ~~A"- - q 2 I 24dN DW GONGRETE Fi i m 57EEC. RFE (see detail sheeYJ7 J ~ O ® ~ I vim/ I _ NEW BUMPER BEM'I (Il'P) NEW ~T X 30sFT LOADING RAMP _ - - _ iPPROXI'W.1E ?FOPFRfYU~E _ NEW TOWER EXISTING TP'®FS2 WriNF . "I O / O - I ~ / NEW STONE SCO!!R PROTEGTKJN / / _ --f-. I ~ i 504LYOVER 5COz5F _ _ _ - / RF1GY,ATE R3NGE (!1'P) _ . / 2dF OFNEWSIE~5FiEErRIF I / wHh CO'!E CAP ' _ / - NEW TIE-9AGK ROD (il'P) I N/F PROPERTY ,.r` ofU5C5 #EJ45TYJG GATE ~ 1' - OONG7RETEPs1D F~L.AIV ~/lEW GWWilG SfiPLE 1'x10' I b 5 O b PROJECT: NEW (ZA!`~P ~ BULKHE.<1D MODIFIG4710N5 I LOGAT101~ FlSHERS ISIAND - 70W?J of SOllT}10LD O~ NE•Y SUFFOLK COUNTY. NEW YORK KEIT •Y y WATERWAY SILVER EEL COVE I ,`Q` Qd He9 DATE; AUGUST 28, 2012 ~ D O C K p APRJG~Wi: RSHERS ISVWD R72RY * W ~ * DIStWCf Z w AGENT: SHEET 3 OF 5 _ q I [~OGKO, INC. - ~ ,n v Ke+,n s. NeXsm. PE p P O R A~ 68692' ~a My2HG, CT 06355 '°9or:ESS1oNP., e6osn8939 FAx 86osn~569 DWG n-~-rr~o ENWL do~snet.net I KcNh Ndlsn. Dod~a h+c. B/]B/201] 654 R-I FFi/_Mbn-Ranp_ReNxd 3.Mg ! t 1 EXISTINGTIMBERPILE CO(1NTERN/EIGHT TONER EXISTING LJGdi'T5 (TYP) EXISTPJG TFIREE PILE : E>aSTING LOADING RN"p TO BE REPEALED DOLDFHN ~ ~ / TOPIOF BULKHF?D EL 6rFf ~ 2kLF EXL5TING RAf1P LENGfFf--~ Q{a~{{~~ ~ i, t li 'r li PFiW_ 33't- - _ ~ ~ a~ ~ r a r BITUMINOIY' PAVEMENT rWWL 23' - ~ - - b ~n ~ EXISTING TAE-&4GK N`K.IiOR /tom ~ p" k.l~ 'yya ~ rlx } - ~y ~ y y~ l . ALWL O.O- ~ _ i rr3a1~>~i.~s >f'e*`.,,r ,Y<~".. EXISTNG STEEL BEAM i ~ - - - ~ . ~ E%1STIIVG SHEET PILE BUIJCFiEAO RA1Hp SUPPORT (IYF~ ~ I . a~ ~ r > . (fl'Pj 'i j e :..PREVIOUS BULK7iF..4D (fYl>) ' i~ ,~.y. i i~ ~ I~ EXlSTiNG RAf1P a,~-UPf~Ri (fYPI i ~ ~?GISTIIVo'-~ 2~f`-91~ p ui li, I. P~OF'ILE 1 Y' k"S}?'~ yka ta. T`Xk>1 ~ aa) ~'NC S(~.N.E 1': j0' ras~~f r'~ sY it~ a k'4-~ ~ "r~'~i`' P ~v 7~+ wa a .Yt/. f, r L, ,Yx ~7 °r.;.<'„ll,+'• z# St'_~y~ y fr f'ra:y 10 5 O 70 S RL_: a Tra NEW 51NGLE' ST):EL PRE ~n~R~VEIG!-(1' T06VER NEW STEEL BUMPER ~~~-Y PILE (TYF~ dernN ~ E~.STURIG LIGHTS (T7pj NEW 2OrFT WIDE X 3O1FT LOADING RAMP NEW RN`1P I TOP OF BULCHEAp CONC7.~fE Gqp EL 6aF7' CHAYVa..INK FEAICE - RELL'GATE MHWL F~%.?r i>~~ati'r fN~W>>.. t..::r r.~r. .v?.. ~ i ALWL O.O'-- x xt>d X.r ~c~""J`.-w.~.~~v. a:~r!rY~yr~~~,1' EXISTING SHEET PIIF p .i i TIE NEW STEEL BUMPER ALE TRIMMEDATALWL(Myj "r 'fi. rt 4 , tr..„ . i BRAGS TO MORE (fYP) '-q~ NEW STEEL SHEET ~yy PRE1K)US 'i'~ ~3~~~ ~'t.'.th~~ if Aa 1i:~}i n,'-~EW RAMP v ~c: b_v,a r,} TRM!"®ATALWL(tYP/ ~fi SUPPORT(IYP) >=.:j?:i'~1~. SUPPLEMENTAL STONE =:r J•~yY'Yi. y 'V ~'Y'S ~n-+VR PROTECTION r7~', .~i ~s:~irt?- rs x-f~` fC}.T r l1~ ~ - ~•lt h•4 'r ytFYf t t ~ ~ -r ~Httr,~l~- z if^+::a"tA'~'f~A.'-.i-+'~...rY t'f,~F.~xy f'. ~ ~ ~I rS.w t` .:C. i a' ROGIGS a t~..:.. `'Y44~. EXISTPJG ~~"~h' Tu~~M~~'1/~~~x. ~It`/t-"ILG~ `!t>.ly ~.i iti.fy~~ Ns a s, q GRMFNG r~(..Np 1':1p } y4;+`3•A; - x...~.~.. ~:y.: t~iiJ,k~~ ~ .t~°d Ii s In li,~~r~tU zr r O , PRO.>~ NEW RAI`1P ~ BULKHEAD MODfRCAT10N5 I,I LoGATI~ FLSfiERSISLfWD-rowN,FSOUr~IOLo ~,LP~pA KEI ~•y ` WATERWAY: ~ EEL cavE, NEW Y~c DATE ALIGUST~,2012 0 C 2~ s ~ APR-IGwT: FISFIERS 15L~wD FERRr • D ~ O . r z ~ r DISTRlGT o ~ , r a j0'GEM~ SHEET 4 OF 5 • . ~,r } a 1~OCK0, INC. ~ --~q q~~ Sab92.r,.., . ~ M~sMc, CTo6355~ C p P 8 ~'t Fessleri e6o sT2 a~~ FAx e6o sTS 7569 L7WG n->.xno EMAIL dedco®sretnet rd~h rte,,. oaxo er~eizoi~ 6sx Fr, ~t-v_r~-am,,,F~.,_aag 1 ' NEW 241N CONCRETE FiLIFD WARFR'NG RLE (T1'P) i i i ' NEW GOUNTERWElGHT GABlP SHEA V E ASSEMBLY (T l'P) MAJOMUn NE~4 A _ NOTERELCJCATE ~RFVnPWVfH73Ff Y' C.OUNIERWEIGIi~TOWER DaSTPlG RPYV A _ and FENDER FILE/DOL.PFNN w>DTH 147 ' TOACGOMMODATE NEW ~`ti 3E'Y- - - RAf1PWiDTH n~ LOADING RAMP TO I'NiWL 23 NEW ELKTRIC?PMNUAL BE REPIt1GED or N.WL O.O- - - RAMP HOIST (Tl'P) REPPJREDiREFUR815HED grid REINSTALFD NEW 51NGLE STEEL PILE :.OUNTERWE1GFff TOWER (Tti~ ' NEW COUMERWEIGHT _(7YP) -NNA.-- -----a-~'~----- NEW RAMP PD7ROArMTE 54FETY BEAM 00iTOM GRPDE, u _ GOUIVTEFZWI=IGHT ~w~t~ TOWER DETAIL ?.~~f' ` ~h.~' ~"I~J'(•~LE ~~-toy y'.6 F a J?.. y4 s' 1 ir'f . a.. a~~, v~J rr. .,`.1 n:1'- ~'•.i ri~i i:' 2. 1tJ 5 ~ 7() ' W~.FZPPIfVG PILE DET~.I L GrzopH~c scaF i • =io to s o io PRO.JEGT: NEW RAh'IP ~ BULJ<HE14D MODIFICATIONS ~OF NE(y suFr-aKC~ounDrrYTNe~vYOw~ T WATERWAY: SILVER EEL COVE ' ~,lPy pN HB9 ~ DATE ALGUST 28. 2012 ~ D O C $ O ~ ~ P.PPLJCANT: RSHER515LAND FERRY ~ 2 9 a ~ DISTRICT fi ~ ~ j) AGSM: SHEET 5 OF 5 j _ - _ ,0 ~,f I~OGKO, tNG- ~'c osess2•` ~ O R P O AR~FESS 10~~'y 860572 8939 FAX 860 572 7569 pWG 11-1-2270 ENWL: docka®snet.nel ' Kefrh ~kYem, Docko Fw. B/7B/]OI] 655 PH PFD_HdmRonv_Rc,bd~.dwg j BOARD OF SOUTHOLD TOWN TRUSTEES ' ~ SOUTHOLD, NEW YORK I i 'PERMIT N0.7490 DATE: MARCH 23.2011 ISSUED TO: FISHERS ISLAND FERRY DISTRICT ~ i PROPERTY ADDRESS: SILVER EEL COVE. FISHERS ISLAND i SCTM# 12-1-10 AUTHORIZATION ' Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the mceting held on March 23.2011, and in consideration of application fee in the sum of 5250.00 paid by Fishers Island Ferry ~ D's 'ct and subject to the Tenns end Conditions as stated in the Resolution, the Southold Town Boazd of Trustees authorizes and permits the following: Wetland Permit to replace or repair, and restoration of the main ferry ramp potentially enlarging the ramp to 22' wide by 30' long in the Silver Eel Cove including j the installation of new counterweight support towers, ramp support beams and piles and protective dolphins waterward of the apparent high water line; and as depicted on the site plan prepared by Docko, Inc., last dated January 24, 2011, and stamped i approved on March 23, 2011. IN WITNESS WHEREOF, the said Boazd of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ~ ~~F~~ j ~ ~ ~ ~ # ~ ~h 1; 1 ~ I I TERMS AND CONDITIONS The Permittee Fishers Island Fem District c/o Robert R Brooks II Chairman. residine at P.O. Box H. Fishers Island New York as part of the consideration for the issuance of the , Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold aze released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee ' assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to ' maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. , 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause ' for revocation of this Permit by resolution of the said Boazd. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That these shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Boazd of Trustees, the work shall cause unreasonable obstmction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. ' 8. That the said Board will be notified by the Permittee of the completion of the work authorized. , 9. That the Permittee will obtain all other pemvts and consents that may be required supplemental to this pemtit, which maybe subject to revoke upon failure to obtain same. 1 Jill M. Doherty, President ~~OF SQUryQ Town Hall Annex Bob Ghosio, Jr., Vice-President h~ ~p 5437b Main Road yy P.O. Box 1179 a James F. King ~ T Southold, New York 11971-0959 Dave Bergen G~ Q John Bredemeyer Q • Telephone (631) 765-1892 liyCO~,~~ Fax (631) 766-6641 ' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ' March 23, 2011 Mr. Keith Neilson, PE Docko,lnc. P.O. Box 421 Mystic, CT 06355 ' RE: FISHERS ISLAND FERRY DISTRICT SILVER EEL COVE, FISHERS ISLAND SCTM# 12-1-10 Dear Mr. Neilson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 23, 2011 regarding the above matter: I WHEREAS, Docko, Inc. on behalf of FISHERS ISLAND FERRY DISTRICT applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application ' dated February 22, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, ' WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 23, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the ' premises in question and the surrounding area, and, 1 "i WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the ' Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the ' health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, , RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of FISHERS ISLAND ' FERRY DISTRICT to replace or repair, and restoration of the main ferry ramp potentially enlarging the ramp to 22' wide by 30' long in the Silver Eel Cove including the installation of new countervveight support towers, ramp support beams and piles and protective dolphins waterward of the apparent high water line; and as depicted on the site plan prepared by Docko, Inc., last dated January 24, 2011, and stamped approved on March 23, 2011. Kermit to construct and complete project will expire two years from the date the permit ' is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.} Fees: $50.00 Very truly yours, ~ ~ ' Jill .Doherty President, Board of Trustees JMD/eac , No. 7~9a Issued To ~s~ Date Address S~ Iver del C~_ ~~{,ers ss /e,?~( THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE.TOWN OF SOUTHOLD SOUTHOLD, N.Y.11971 TEL.: 765-1892 NOTES' ~'a. 3s I ~ z` t,. WATER (Ml-N~• a I I, . + 7, ELEVATION DATUM 15 MEAN LOW cam. 37 NOAATmETABLES I 37~ ,0 i?f 2 TIDE DA1A 15 TPKEN FROM 2011 54 Jr < ~ ~ ; 35 ,T ~NGE : 51LVER EEL POND. FlSFiERS LiIfND. ^ \ , ~ : . M ~ s;. 3. PROJECT DESCRIPTION: AND REINSTPLL AN EXISTING \ ~n~ I ; le REPLACE OR REPaR/REFl1RB15H ~ FERRY TERMINAL LOADING RAMP. REPLPCE EXL5TING WOOD PILE \pM1 55 ~ ~W I w . COUNTERWEIGHT TOWERS AND FENDER PIIJ=.S WTfH 51NGIJ: rypp M.a n"z'^ 18;' • STEEL PILE C.OUNTERWEIGNT TOWERS AND FENDER PILES, ALSO _ P A Is, y' pOLRiINS. WATER\VARD OF eEti ; ij,,,p ~ 3 ~ X83_ RER.A•GE TWO EXISTNG FENDER THE PPPARENT HIGH WATER UNE. 99 2! 7, ~w 4, PROJECT PURPOSE: a • : n C INAL LOADING FPGIUTY IN , ~ ~ THIS 5 A FERRY TERM - SUPPORT OF A CAMMERGIAI.• FF-R~'. '3B ~ - ~ _ 5. THESE APR.IGATION DRAWINGS REPRESENT ~ ~ ; . A COI'9R1AT10N OF SURVEYS FOR ENV1RONl'ENT 9 :•.i ~y..,, ~ ~ . ~ ~ I ~ O PERMR PURPOSES. THEY ARE NOT CONSTRUCTION 25 ~ 7 1~ ,13 1 COI,ITRA(,7 DOOJMENTS. A TOJJI`UOTY BUILDING 35 ~ \ PERMIT MAY BE REQUIRED. J`1Q: 6. ADJOwING PROPERTY pd,MERS E45T: LOCATION HAP ~~:12=Ir1 WEST: TOWN of SOUTHOLD US COAST GUARD STATION NEW J ~ BOX 718 ~ o !ppp NYPft~ ' STATION SOUT}iDiD _^,..,~a : G/^O`C~O~A~S,T/G~UA/R~D/,~~.~/~ ,NYtt971 `,~`rr•;:;,e.~<-+<-::i". ; ryLr;' ! NGW L.LI~`IVV, V11/VJN y~, .V J~•Ci1v~n ~:4 i,~',•?-~h~ -~a4~y ~ JT~( i ~i:~i. Y+~Ti Y%~ r:J`i~\,4 )i4 W-~ ~'r1i ~ FISHERS ISLAND N~ PROPERTY of rr''' ' ~ a s"~~a SO `s'~`:GADAFAMILY:" ~~t, FISHERS ISLAND%=~^: x,> . OLD'. F:w,~~~ k;-;>''='~,:'~:<TOWN of SOUTH r: .~f:..~,+y ~!`ii: ~ ~'-`..yr'~:.nr: 1~:!'rie'.".:`cit~Yti~i:14 T.:,. ~r;~ 9 ~o O 1~ - . . NN ° o o ' N%F PROPERLY oF= 0 0 OL.D O 0 0 ~ OWN of SDUTM o ° ° ° ING RAI•TP ~;:~,r. ~saS ~xr=±e. PRQJEGT.' LOAD ":.:\'ti 1~ PC(-FLAG V.~': l'.~j~`. (f:~~,r~i' ~A ~tYit,: M1, PAIR I Jw`J .iJ. ~ ASS r ti~ J./~"i~ yt'-'3 ':JJn•~~~~'- is ~t'~'r: .'?~~.~si•:',•y..s.G~?••. C N/F PROPERTY~of c a"' o o 'k" =:~t:~ MD >.Tx~ JL,~. ` ~ `+.Y ° A.F. f42,:.~ :ri'x Wi'n': :J.iyts•:.4 a~~i:•G:t"i' :.n~Ti.• ~'~n`~i 3v1'? 1. :.tJ-n-:li.L).. ~ v N ° h N/F PROPERTY OF H GADA FAMILY "'r PARTNERSHIP ! .SITE O~/ERAI-~- PL~'~ - , .C~`n'rs, pROPERTYof r. r'., . 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GT O~c355 ~ P 0 S ESSIO~°/' 8605728939 FAX 8605727569 DWG 11-L7270 EMAtl.: dacko~erot.rrt FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 TECHNICAL SPECIFICATIONS 1 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 TECHNICAL SPECIFICATIONS 1 TABLE OF CONTENTS 1 SECTION 01001 -MOBILIZATION /DEMOBILIZATION SECTION 01301 -PVC PIPE -DRAINAGE & CONDUIT SECTION 02060 -ENVIRONMENTAL PROTECTION SECTION 02061 -EQUIPMENT SECTION 02062 -CONSTRUCTION BARRICADES SECTION 02069 -OBSTRUCTION TO NAVIGATION SECTION 02222 -EXCAVATION SECTION 02300 -EARTHWORK SECTION 02361 -TIMBER PILES SECTION 02362 -TIMBER WORK SECTION 02364 -STEEL SHEET PILING 8~ ANCHOR SYSTEM SECTION 02070 -REMOVALS SECTION 02400 -CHAIN LINK FENCE AND GATES SECTION 02458 -STEEL PILES SECTION 03300 -CAST-IN-PLACE CONCRETE ' SECTION 05500 -METAL FABRICATIONS ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 SECTION 01001 -MOBILIZATION /DEMOBILIZATION ' PARTI-GENERAL 1.01 -The work shall consist of the mobilization/demobilization of the Contractor's forces and equipment necessary for performing the work required under the contract as set forth in the General Conditions and Supplemental Conditions. ' Mobilization/demobilization will not be considered as work in fulfilling the contract requirement for commencement of work. ' 1.02 -Mobilization shall include the wst for a.) transportation of personnel, equipment, and operating supplies to the site; establishment of offices, and other necessary facilities at the site not covered in specific bid items, and other preparatory work at the site. b.) The cost of the entire amount of premiums paid for performance and payment bonds, including co-insurance and re-insurance agreements as applicable (which shall be paid upon request when evidence of full payment to the surety has been provided to the Owner's Rep.) 1.03 -Work done under this specification shall not include mobilization for any specific item of work for which payment for mobilization is provided elsewhere in the contract. 1.04 -The specification covers mobilization for work required by the contract at the time of award. If additional mobilization costs are incurred during performance of the contract as a result of changed or added items of work for which the Contractor is entitled to an adjustment in contract price, compensation for such costs will be included ' in the price adjustment for the item or items of work changed or added. PART 2 -MATERIALS 2.01 -The Owner will provide the following materials and equipment toward the completion of this project. a) Water to the job site. b) Fuel for land-based equipment (not boats) ' c) Electricity d) In addition there is an unlimited amount of gravel available at the airport approximately Yz mile south of the site which can be made available by the Feny ' District for project economy. 1 MOBILIZATION /DEMOBILIZATION SECTION 01001-1 2.02 -The Contractor will be responsible for providing all necessary support equipment , or materials for their onsite operation, such as; , a) A small trailer office with a desk, light, file cabinet, table and small heater (electric) b) One "Port-a-John" c) Pollution controls and floating boom as required in Environmental Section d) Security agent during normal hours of operation , PART 3 -CONSTRUCTION METHODOLOGY 3.01 -Equipment and material loading, transport and storage at the site to facilitate the ' work will be required to operate from limited space on site and in Silver Eel Cove. 3.02 -Care and caution must be exercised when delivering equipment and material for , the project to limit exposure of the public to potentially hazardous conditions or operations during the prosecution of the work. Coordinate with Owner's Rep. ' 3.03 -The contractors operations and storage areas will be limited and strictly enforced. PART 4 -MEASUREMENT 4.01 -Submittal and evaluation of mobilization costs will be made when the work , commences, after presentation of invoices by the Contractor showing his own mobilization costs and evidence of the charges of suppliers, subcontractors, and others ' for mobilization work performed by them. If the total of such payments is less than the contract lump sum for mobilization, the bid unpaid balance will be included in the final contract payment. Total payment will be the contract price for mobilization, regardless , of actual cost to the Contractor. 4.02 -Payment will not be made under this item for the purchase costs of materials , having a residual value, the purchase costs of materials to be incorporated in the project, or the purchase costs of operating supplies. 4.03 -The lump sum contract price for mobilization will constitute full compensation for all labor, materials, equipment, and all other items necessary and incidental to completion of the work. , 4.04- Mobilization will be paid 50% for mobilization and 50% for demobilization. The last half of the mobilization bid item will be paid at the end of the project. ' 1 1 MOBILIZATION /DEMOBILIZATION SECTION 01001-2 ' PART 5 -PAYMENT ' 5.01 -Work under this section will be paid for under provisions of Removals. 5.02 -Demobilization will be paid when the site is finally clean, cleared of all equipment ' and materials and safely reopened under the direction of the Operations Manager. END OF SECTION 1 MOBILIZATION /DEMOBILIZATION SECTION 01001-3 ' FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 SECTION 01016 -PVC PIPE -DRAINAGE 8~ CONDUIT ' PART I -GENERAL 1.01 - DESCRIPTION -Buried piping shall be laid for re-establishment of the drainage system as well as conduits for future electrical service to the wharf and shall consist of tight pipe, impervious to water infiltration or leakage laid in a trench refilled with compacted granular material in accordance with Section 02300-Earthwork. ' 1.02 -Piping /conduits shall be of the dimensions and details as indicated on the plans as specified and shown on the construction drawings. ' 1.03 Refer to trenching paragraphs of Earthwork Section for trenching, base preparation and cover specifications. PART 2 -MATERIALS 2.01 -MATERIALS -All conduits shall be schedule 40 or schedule 80polyvinyl ' chloride to match the existing materials. All fittings and couplings for polyvinyl chloride pipe shall be schedule 40 polyvinyl chloride. All bends shall be long radius. ' 2.02 -For joining, use a solvent complying with ASTM D2466 and recommendations of the manufacturer of the plastic pipe used. 2.03 -All materials and construction methodologies for the conduit system and drainage system shall be submitted for review prior to ordering materials. PART 3 -CONSTRUCTION METHODS ' 3.01 -CONSTRUCTION METHODS -Trenching and Backfilling: the trench for the conduit shall be excavated in conformity with the requirements of Section 02300, Article 3.03 Trench Excavation. The dimensions of the trench shall be as ' indicated on the plans or as ordered but shall be adequate to allow at least one pipe diameter between conduits and between the side walls of the trench and the conduit. PVC PIE- DRAINAGE AND CONDUIT SECTION 01301-1 3.02 -Piping shall be placed into the new concrete HS20 electrical pull boxes at , the edge of the new pavement, or the existing drainage structure, once righted ' and rest on compacted backfill, to maintain a watertight seal in the approximate location shown in the construction drawings. PART 4 -MEASUREMENT ' 4.01 -Measurement for piping and conduits piping will be verification that both , facilities are constructed in the appropriate alignment shown in the construction drawings. PART 5 -BASIS OF PAYMENT , 5.01 -PVC piping for the storm drainage system and PVC Pipe Conduit ' complete in the trench, buried with native backfill and traffic surface base, compacted shall be paid for as a lump sum item in the Schedule of Values item for extension of the storm drain system through the new steel bulkhead and 1 concrete corner blocks. 1 END OF SECTION 1 1 PVC PIE- DRAINAGE AND CONDUIT SECTION 01301-2 ' FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 ' SECTION 02060 -ENVIRONMENTAL PROTECTION ' PART1-GENERAL 1.01 GENERAL: This section covers prevention of environmental pollution and damage as a result of construction and other operations under this contract and for those measures set forth in other Technical Provisions of these specifications. ' A. For the purpose of Phis specification, environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic, cultural and/or historical purposes. B. The control of environmental pollution and damage requires consideration of air, water, and land, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants. C. This project will be covered by permits from the Town of Southold, the NYS DEC and US Army Corps of Engineers and the contractor is responsible for ' complying with all stipulated conditions therein. 1.02 QUALITY CONTROL: The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily reports any issues that arise related to this section and / or problems in complying with laws, regulations and ordinances and corrective action taken. 1.03 IMPLEMENTATION: The Contractor shall familiarize himself with all Federal, ' State and local laws, regulations and PERMIT conditions concerning environmental protection, pollution control and abatement that are applicable to the proposed operations and the requirements imposed by those laws, ' regulations and permits. Prior to commencement of the work the Contractor will be required to meet with the Engineer to develop a mutual understanding relative to compliance and administration of the environmental protection program. 1 ENVIRONMENTAL PROTECTION SECTION 02060-1 1.04. NOTIFICATION: In the event of Environmental Damage or Pollution the ' contractor shall immediately protect the environmental resources by the best ' means possible and notify the Owner and Engineer and appropriate agencies as soon as possible. The Owner or Engineer will notify the Contractor verbally, and confirm, in writing, of any observed noncompliance with the applicable Federal, , State and local laws or regulations and permits. The Contractor shall, after receipt of such notice, inform the Owner and Engineer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply 1 promptly, the Owner /Engineer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No contract time extensions shall be granted or costs or damages allowed to the Contractor for , any such suspension. PART 2 -MATERIALS ' 2.01 Materials utilized except for natural earth products used for fill, must be top quality suited for the specific purpose and be approved for usage in site and ' project specific conditions and circumstances. Submission for review by the OWNER'S REP and / or ENGINEER must be in adequate time to allow an appropriate review of the materials and the proposed application. , PART 3 -CONSTRUCTION METHODS 3.01 PROTECTION OF ENVIRONMENTAL RESOURCES: The environmental , resources within the project boundaries and those which might be affected outside the limits of permanent work under this contract shall be protected during , the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. Environmental protection shall be as stated in the following subparagraphs. ' A. PROTECTION OF LAND RESOURCES: Prior to the beginning of any work the Engineer will identify areas and resources of concern to be ' preserved within the Contractor's work area. These will include, but not be limited to the shallow sub- tidal and inter-tidal flats sediments the site or other resources specified in the permits. The site is a ' designated Secure Federal Facility and a buffer has been established around it for protection of the public. B. PROTECTION OF WATER RESOURCES: The Contractor shall keep construction activities under surveillance and control to avoid pollution of the water and to minimize interference with, disturbance to and ' damage of fish and wildlife habitat in accordance with conditions of the permits. Contractor shall maintain a floating boom waterward of the construction activities to contain pollutants released during the site ' work. Contractor shall also provide absorbent cleanup pads to remove hydrocarbons from the water surface, and shall store and dispose of ENVIRONMENTAL PROTECTION SECTION 02060-2 1 waste pads in accordance with applicable regulations. Contractor shall add and remove pads as required by the Owner or Engineer. The Contractor shall also maintain erosion and sediment controls in good working order. ' C. PROTECTION OF AIR QUALITY: The Contractor shall keep all construction and other related activities under surveillance, ' management and control to minimize air pollution. All activities, equipment, processes, and work operated or performed by the Contractor in accomplishing the specified construction shall be in strict accordance with regulations of the State and all Federal emission and performance laws and standards. Ambient Air Quality Standards set by the Environmental Protection Agency shall be maintained for all ' construction operations and activities. Special management techniques shall be implemented, as necessary, to control air pollution by the construction activities which are included in the contract. ' Hydrocarbons and carbon monoxide emissions from equipment shall be controlled to Federal and State allowable limits at all times. Odors shall be controlled to the extent practicable at all times for all ' construction activities, processing and preparation of materials. Material odors, such as asphaltic concrete, are not subject to these controls. ' D. NOISE: The Contractor shall keep construction activities under surveillance and control to minimize damage to the environment by ' noise. The Contractor shall use methods and devices to control noise emitted by equipment. There are no restrictive ordinances which apply to work hours and noise levels and which will govern operations during construction but there are seasonal restrictions which will impact the work. ' 3.02 CONTAMINATED SOIL HANDLING: If contaminated soils are encountered on the site during construction, the Contractor shall provide appropriate environmental and Worker Health & Safety controls in the ' handling of site soils. Site soils are not to be excavated but if they are to remove pile-driving obstructions, they will remain on site, and the Owner and / or Engineer will direct the use of these soils for site grading ' activities. Environmental considerations will include diverting storm water runoff from these soils, and containment of hydrocarbons released from soils and present in storm water runoff. Site workers will be directed to ' minimize contact with the excavated soils, and the Contractor shall provide a written work plan outlining measures to comply with this requirement. No further site work in the area shall be begun until this ' report has been received and accepted. ENVIRONMENTAL PROTECTION SECTION 02060-3 3.03 POST CONSTRUCTION CLEANUP: The Contractor shall clean up all areas ' used for construction, storage, staging, delivery, etc., upon completion of the ' work. 3.04 RESTORATION OF DAMAGE: The Contractor shall restore all land features or , staging, storage or other areas damaged or destroyed during operations outside the limits of the approved work areas. This work will be accomplished at the Contractors expense. , 3.05 MAINTENANCE OF POLLUTION CONTROL FACILITIES: the contractor shall maintain any and all portable pollution control devices and facilities for the ' duration of the contract or for the length of time construction activities create the particular pollutant. PART 4 -METHOD OF MEASUREMENT -Not Applicable PART 5 -METHOD OF PAYMENT , 5.01 The Contractor shall incorporate into appropriate aspects of the work suitable ' provisions to comply with this section and include the cost of those provisions in the bid prices for the appropriate items of work or the line item for compliance with environmental permits in the Schedule of Values. ' 5.02 The cost of providing specific compliance with permits including erosion and sediment controls, special engineering response or protective equipment, and , provide clean-up of the site or other operational requirement of the laws of the state or federal government shall be paid for under the bid item for environmental permits or otherwise in the approved schedule of values. ' END OF SECTION ' 1 ENVIRONMENTAL PROTECTION SECTION 02060-4 1 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 SECTION 02061 -EQUIPMENT ' PART 1 -GENERAL - Construction and support equipment to be utilized in the prosecution of the work is to be suitable for the site conditions and must meet the specified capabilities in the various sections of these construction contract documents ' or the implied capacities gauged to handle the size of the pieces or components to be installed: ' 1.01 SUFFICIENT CAPACITY: The Contractor shall keep on the job sufficient ' equipment to meet the requirements of the work including lifting capabilities and not damaging the grounds (bearing capacity estimated to be 1,000 psf) and all applicable laws, regulations and ordinances, terms of permits or similarly based ' or imposed requirements. The equipment shall be in good repair and operating condition and be capable of safely and efficiently performing the work. The equipment shall be subject to inspection by the Owner or Engineer, authorized ' officials of the EPA, OSHA, NYS DEC, etc. and / or their representatives at all times. 1.02 MINIMUM CAPACITY: The equipment which the contractor stipulates on the Equipment Schedule, submitted with the bid, is the minimum which the Contractor shall place and keep on the job unless otherwise approved by the Engineer. The listing of equipment is not to be construed as an agreement on the part of the Owner that the equipment is adequate to perform the required work but is rather a means by which the Contractor's capabilities to perform the ' work may be evaluated and the Owner may consider the stipulation of specific equipment in awarding the contract. ' 1.03 REDUCTION IN CAPACITY: No reduction in the capacity of the equipment employed on the work shall be made except by written permission of the Owner or Engineer. The burden of proof regarding a reduction of capacity of equipment ' must clearly demonstrate adequate capability to complete the work safely, competently and on time and this burden lies with the Contractor. The Contractor will still be obligated to complete the work within the contract period and within ' the prescribed work hours and days or duration of the project. The Owner will expect a credit or other financial incentives to support such a request. The measure of the capacity of the equipment shall be its actual performance on the ' work covered by this contract. EQUIPMENT SECTION 02061-1 1.04 LICENSE REQUIREMENTS: ' A. Equipment operators must be competent with the specific ' equipment or machinery used on this project; persons operating equipment requiring a license or other certification of ability Federal, ' state, local or otherwise, shall have such license or certificate in their possession at all times when they are operating that equipment. B. Each water vessel including safety boat if and when required, ' exceeding twenty-six feet in length, excluding sheer, which is used for pushing, hauling alongside, or any other method of towing, and ' not required by law to have a valid Certificate of Inspection by the U.S. Coast Guard, shall be under the actual direction and control of a licensed Captain for the geographic area of the work by the U.S. ' Coast Guard and operating in accordance with all pertinent rules and regulations governing the operation. PART 2 -CONSTRUCTION METHODS - As required in accordance with requirements ' of individual Specification items. PART 3 -BASIS OF PAYMENT ' 3.01 The costs of all equipment to be utilized in this project must be incorporated into ' the various bid items in the bid schedule and the approved Schedule of Values. END OF SECTION ' EQUIPMENT SECTION 02061-2 1 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 SECTION 02062 -CONSTRUCTION BARRICADES ' PART1 GENERAL ' 1.01 Traffic guidance devices and barricades will be required to assure that people and vehicles are protected against in advertent entry to the site or areas under construction during joint occupancy, ferry operations and ' times when the terminal is unattended. Initially, and throughout the project to the maximum possible extent, the Contractor will be limited to one point of access. The vehicle access drive will come in from the site gate and be ' lined with traffic drums or cones. The work area will be bounded by timber barricades to preclude inadvertent vehicle entry. PVC frame barricades will be placed in front of the gate. All barricades will be lit during hours of ' darkness when the ferries are operating or continuously, if the terminal site is not closed off and secure at night. ' PART 2 MATERIALS 2.05 PVC FRAME BARRICADES PVC Frame Barricades will be utilized in front of the gate to provide high visibility and ease of movement for access by the Contractor for daily ' operations. All barricades will have high intensity battery powered lights with amber lenses. PVC construction barricades shall consist of the following materials: A. The frame shall be of polyvinyl chloride pipe conforming to ASTM D 2241 for PVC 1120 or 1220, SDR21 (pressure rated 200 psi); ' ASTM D3034, SDR 35, Schedule 40 or an approved equal. ' B. All straight members shall be of white color. C. Face panels used as horizontal members shall be constructed of a suitable plastic material, .060 high impact styrene, anodized aluminum of no less than .025 thickness or a comparable substitute approved by the Engineer. CONSTRUCTION BARRICADES SECTION 02062-1 D. All hardware shall be heavy duty in accordance with standard ' commercial specifications stainless steel or galvanized steel. ' E. Reflective sheeting shall conform to the requirements of US DOT. F. The frame shall be anchored or weighted with sandbags or other ' approved means to assure that it stays upright and in the proper position. , 2.02 TRAFFIC CONES A. Under this item the Contractor shall furnish reflectorized orange ' traffic cones required on the project on the plans and as directed by the Owner or Engineer. ' B. The Contractor shall have, available on the project, a sufficient number of traffic cones to fulfill all the requirements as specified in , the contract and to replace those traffic cones which have become damaged. 2.03 TRAFFIC DRUMS , A. Under this item the Contractor shall furnish all traffic drums required ' on the project to conform to the traffic patterns and as directed by the Construction Manager if necessary. B. The Contractor shall have, available on the project, a sufficient , number of traffic drums to fulfull all the requirements as specified in the contract and to replace those traffic cones which have become ' damaged. 2.04 WOOD TIMBERS , A. Wood timbers barricades will be new or used 10 x 10 timber or approved equal, painted white with orange striping, all reflectorized ' and set to allow attachment of barricade lighting, the object being to create a barrier to prevent vehicle passage into the construction site. The purpose of the timber barricade is to provide a vehicle barrier. Wheel stops /portable parking bunkers are an acceptable substitute. 2.05 SUBMITTALS A. Materials Certificates shall be required confirming conformance to ' the requirements set forth in the plans and specifications for these barricades. CONSTRUCTION BARRICADES SECTION 02062-2 1 BARRICADE WARNING LIGHTS A. Barricade warning lights shall be in accordance with the requirements of the Institute of Traffic Engineers Standard for Flashing and Steady-Burn Barricade lights. ' Tyge B High Intensity Lens Direction Faces 1 ' Flash Rate per minute 55 to 75 Flash Duration 8% Minimum Effective Intensity2 35 Candelas Type Bhigh-intensity flashing warning lights shall be mounted on ' the advance warning signs or on independent supports. Extremely hazardous site conditions within the construction area requires that the lights be mounted on barricades or other supports. ' B. Barricade warning lights are portable, lens-directed, enclosed lights. ' C. The color of the light emitted shall be yellow (amber). ' D. Lights shall be used in a flashing mode. TRAFFIC DRUMS (continued) A. Traffic Drums shall be manufactured plastic or rubber devices ' approximately 36" to 42" in height and a minimum of 18"diameter. B. The design of the device will allow for the installation of barricade ' warning lights. C. If the device is other than round, the front dimension should be at ' least 18" and the side dimension should be at least 12". D. The traffic drum shall have as a minimum two 4" wide reflectorized orange stripes and two 6" wide reflectorized white stripes. The stripes shall be placed horizontally and alternated with the orange stripe on top. The alternated stripes should not touch. The sections of the traffic drum ' not covered with reflective sheeting shall be orange. ' CONSTRUCTION BARRICADES SECTION 02062-3 1 E. Two classes of reflective sheeting, Type II Encapsulated Lens and Type III Microprism Reflective Sheeting, may be used on traffic drums. Only one type sheeting shall be used on a drum and all ' drums furnished on a construction project shall be manufactured with the same type reflective sheeting. A Materials Certificate shall be required demonstrating conformance to US DOT. F. The drum shall be stabilized with the use of sandbags or other t approved means. 2.06 Wood Timber barricades will be painted with reflectorized white and , orange paint in accordance with US DOT. PART 3 -CONSTRUCTION METHODS ' 3.01 The Contractor shall be vigilant during the progress of the work to assure , that potentially hazardous situations are barricaded from public access and shall assure that barricades are maintained even after work is complete for the day. ' 3.02 PVC BARRICADES A. The Contractor shall furnish a sufficient number of construction ' barricades required for the traffic patterns for all operations which are being undertaken concurrently. , B. Alternate strips of white and orange encapsulated lens reflective sheeting shall be applied to the horizontal members. ' C. Any barricade that becomes damaged or defaced so that it is not effective, in the opinion of the Engineer, shall be replaced by the ' Contractor at no cost to the Owner. D. When the barricades are no longer required on the project, they , shall be removed from property and shall remain the property of the Contractor. E. "Y"'s, "T"s and elbows for joint connections shall be PVC of , suitable size and strength at least equal to the main members. F. Wood sawhorses painted white with orange bands and with a suitable bright white orange and black retro-reflective warning sign and suitable attachment point for lights, may be substituted for PVC ' frame barricades. CONSTRUCTION BARRICADES SECTION 02062-4 3.03 BARRICADE WARNING LIGHTS shall be used as follows: A. The Contractor shall furnish and securely fasten the units to signs, barricades and other objects in such numbers and for such lengths of time as the Engineer or Owner may order. ' B. Portable supports for barricade warning lights shall provide a minimum mounting height of 36 inches to the bottom of the lens ' except on timbers. C. The Contractor shall maintain and relocate the units and, upon final removal, dispose of them. ' 3.04 TRAFFIC CONES A. The Contractor shall furnish a sufficient number of traffic cones required for the traffic patterns for all operations which are being undertaken concurrently. ' B. Any traffic cones that are missing, damaged, or defaced so that they are not effective, as determined by the Construction Manager in accordance with the American Traffic Safety Services ' Association (ATSSA) guidelines contained in "Quality Standards for Work Zone Traffic Control Devices," shall be replaced by the Contractor. ' C. When the traffic cones are no longer required on the Project they shall be removed from the highway property and shall remain the ' property of the Contractor. 3.05 TIMBERS ' A. Wood Timbers shall be a barrier against vehicle entrance installed around the perimeter of the construction site work in progress so as ' to prevent vehicle entrance into the construction site or possibly the harbor. ' PART 4 METHOD OF MEASUREMENT - Because the project will involve a series of changes in the work perimeter, closures and usage of various spaces ' and simultaneous ferry and construction operations, this item will be paid for on a lump sum basis as a line item in the Schedule of Values. CONSTRUCTION BARRICADES SECTION 02062-5 PART 5 BASIS OF PAYMENT ' This item will be paid for as a lump sum price basis. Barricades will be ' paid for once, regardless of the number of times they (it) are used on the project or the number of times it must be repaired or replaced 'rf damaged ' during the completion of the Work. Barricades and site fencing will be line items in the Schedule of Values and will be paid for as a percentage of the project as it is completed. , END OF SECTION ' 1 t CONSTRUCTION BARRICADES SECTION 02062-6 r ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 ' SECTION 02069 -OBSTRUCTION TO NAVIGATION PARTI-GENERAL 1.01 OBSTRUCTION TO NAVIGATION ' A. The Contractor shall conduct operations in accordance with the General Regulations of the U.S. Coast Guard governing lights and day markers to be displayed. ' B. The Contractor may not operate so as to obstruct navigation in the immediate vicinity of the Work, other harbor of landing facilities, or in open water. The Contractor shall conduct the work in such a manner as to obstruct navigation as little as possible, both in terms of encroachment and duration. C. The Contractor must acknowledge that the Contractor may not operate in ' such a manner so as to restrict or cause any danger to ferry service. PART 2 -MATERIALS -Not Applicable ' PART 3 -CONSTRUCTION METHODS ' 3.01 The CONTRACTOR shall conduct his operations in accordance with the General Regulations of the U. S. Coast Guard governing lights and day markers to be displayed. In case the Contractor's equipment so obstructs navigable waters so ' as to make difficult or endanger the passage of vessels, said equipment shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford safe and practical passage. In order to present the minimum obstruction to navigation, the Contractor shall properly position and secure his equipment upon the completion of the day's work and upon completion of the project. Equipment must be stored out of the way and clearly lighted so as to ' identify the full extent of the vessel and any potential or real impact to navigation for the duration of the impact. 3.02 Notice to Mariners A. The Contractor shall also coordinate a "Notice to Mariners" with the Coast ' Guard regarding his operations when vessels and barges are to be in or near the channel. The Contractor shall also coordinate with the Coast Guard, in advance, any relocation or other OBSTRUCTION TO NAVIGATION SECTION 02069-1 1 1 movement aids to navigation, should such become necessary due to ' needs of special equipment. The Captain of the Port, Long Island Sound, ' New Haven is the Coast Guard Office with Jurisdiction; their telephone number is (203) 468-4464. B. The Contractor shall furnish written verifications of this Notice to Mariners , filing to the Owner. PART 4 -METHOD OF MEASUREMENT -Not Applicable PART 5 -BASIS OF PAYMENT ' 5.01- The Contractor shall duly consider these requirements in formulating his bid and shall incorporate necessary effort into his bid price to achieve compliance , with those requirements. The Contractor shall include this provision in formulating his cost of mobilization or the most suitable item of work or compliance with environmental permits in the approved Schedule of Values. , END OF SECTION ' 1 1 1 OBSTRUCTION TO NAVIGATION SECTION 02069-2 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 1 SECTION 02222 -EXCAVATION PART 1 -GENERAL ' 1.01. This section includes: A. Excavating for relief of active pressure loads on the existing bulkhead during the prosecution of the work and to make way for new ramp improvements. B. Excavate carefully in the area of the stone walls which are to be retained ' structurally intact on both sides of the ramp. C. Excavate behind the existing bulkhead to -12 feet MLW to allow removal ' of wale and cut off sheet and tie backs and remove boulders from the new sheet pile line. 1.02. Field Measurements A. Verify that survey bench mark and intended elevations for the work are as indicated. The elevation datum for the site is MLW. ' PART 2 -MATERIALS AND EQUIPMENT 2.01 -Materials will be existing, native or stockpiled on-site materials which must be handled in order to make way for the work to be accomplished. There will be excess fill material from the area to be excavated behind the bulkhead. ' 2.02 -Stockpiles materials may be suitable for re-use in this project or future projects at the direction of the Owner's Rep. The stockpile area will be ' approximately 500 southwest of the project area at or near the freight operations area. ' 2.03 - Equipment to be utilized for this process will be of the same or greater work capacity than that stipulated in the bid Equipment List. ' PART 3 -CONSTRUCTION METHODS 3.01. Preparation ' A. Identify required lines, levels, contours, and datum locations. EXCAVATION AND FILLING SECTION 02222-1 I B. Protect bench marks, survey control points, and existing structures, paving, and shorefront facilities to remain from excavating equipment and ' vehicular traffic and undermining from rainfall runoff. C. A week prior to construction of any component of this project the FIDF ' electrician on duty shall be notified through the FIFD managers office to deactivate the electrical service to the ramp. 3.02. Excavating A. Grade top perimeter of excavation to prevent surface water from t draining into excavation. B. Hand trim excavation. Remove loose matter. ' C. Excavate with due care to preclude damage to existing utilities (drainage, water, electrical) and tie-backs. , D. Remove unsuitable materials encountered as "under cut" to make sure that upper layers of fill will be compactable for service as pavement base ' and sub base for the terminal pavement and operations area demands. E. Notify Project Representative of unexpected subsurtace conditions and ' discontinue affected work in area until notified to resume work. F. Correct areas over excavated. ' G. Stockpile excavated material in area designated on site as temporary dewatering containment area; remove excess or unsuitable material from ' the work site and stockpile in the designated stockpile area at the northwest quadrant of the terminal facility. Boulders removed from the , bulkhead line will be considered for reuse as surface fill between the new and cut off bulkheads. Segregate boulders of 1/2CY (3 foot nominal diameter) for separate payment for removal. 3.03. Field Quality Control , A. Provide for visual inspection of bearing surfaces, excavated areas and ' exposed structures to assure that the extent of excavation is approximate for the work to be done and does not undermine other facilities to remain. 3.04. Protection ' A. Prevent displacement or loose soil from falling into excavation; maintain soil stability. ' EXCAVATION AND FILLING SECTION 02222-2 ' 1 1 ' B. Protect contractor and FIFD site personnel and contractors from ' inadvertently entering the work area. Typical details of standard DOT type inadvertent entry protection for vehicles and personnel are shown on the construction drawings for reference. PART 4 -MEASUREMENT ' 4.01 -The Contractor will be responsible for determining the amount of material to be excavated in accordance with the construction drawings and with his construction methodology. No separate payment for excavation will be made except for boulders exceeding 3 foot nominal diameter. PART 5 - BASIS OF PAYMENT 5.01 This scope of work will be included as appropriate Lump Sum lines for the bulkhead and the ramp support block and anchor system. item in the Schedule of Values. 5.02 -payment for boulder removal with pieces of more than 3 foot nominal ' diameter (1/2 foot CY or 1.1 tons) will be paid for in accordance with section 02070 Part 5.02 END OF SECTION 1 EXCAVATION AND FILLING SECTION 02222-3 ' FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 SECTION 02300 -EARTHWORK ' PART 1 -EARTHWORK 1.01 GENERAL A. Existing materials from the excavation area shown on the plans are based ' on limited investigation and are not warranted to indicate conditions throughout the construction site although they are believed to be representative. ' B. Caution and vigilance are required on the part of the Contractor; the site is full of Bulkhead tie-back anchors and utilities as well as ' abandoned pier and wharf facilities. The Contractor will be responsible for any damage caused which results in failure of existing facilities which are to remain. ' 1.02 DESCRIPTION A. Provide all labor, materials and equipment required to perform the work called for in this Section of the Specifications, including, but not necessarily limited to, the following: 1. Cut and fill operation, excavation and preparation of subgrade. 2. Trench excavation for tie-back rods and anchors, drainage and ' new utility conduits 3. Furnishing and installing gravel bedding and fill material, granular fill material, crushed stone, compacting and finish ' grading. 4. Furnishing and installing filter fabric. 5. Final site grading. ' 6. Placement and grading of the crushed stone driving surface. 1.03 - SUBMITTALS .01 Samples of geo-textile filter fabric with manufacturer's literature. .02 Gradation curves or submittal sheets for crushed stone and asphaltic concrete pavement mix using 3/ inch maximum aggregate. EARTHWORK SECTION 02300-1 PART 2 - MATERIALS 2.01 -Paving materials shall be CT DOT specification pavement patching ' materials with 3/< inch stone aggregate. ' 2.02 - Granular fill material: Granular fill material, used for trench backfill, and as general site fill, shall be local, suitable material from sources dictated by the ' Owner's Rep. 2.03 - Crushed stone: Crushed stone, used as shown on the drawings shall ' conform to the appropriate stone size generally'/< inch nominal. Crushed stone shall be DOT Quality fractured limestone of hard, durable angular nature and need not be washed. , 2.04 -Pea gravel crushed stone (3/8 inch) shall be used for drainage pipe bedding. Backfill between the bulkhead walls shall be 1 Y<-inch stone. , 2.05 - Gravel bedding material: Gravel bedding material used for drainage structure bedding shall be pea gravel of minimum layer thickness placed in the t trench or compacted gravel fill. 2.06 - Geo textile filter fabric: The filter shall be Mirafi 700X, Exon 700 or ' Carthage Mills 6%. 2.07 Large native stones, used to cover soils left exposed by the cut off ' bulkhead, shall be approximately 12 to 18 inches in size. Stones shall be angular or oblong, not round so as to remain stable and in place and resistant to weathering action. (from boulder stockpile) and shall be mixed with 2/4 inch ' stone. PART 3 -CONSTRUCTION METHODS ' 3.01 -Unsuitable fill materials removal: Topsoil, or other unsuitable materials, if encountered, shall be excavated as "undercut", stockpiled while awaiting , disposal, at a location on the site approved by the Owner's Rep. Stockpiled materials shall be on high ground or out of drainage flowpaths. Stockpiling shall not be conducted within or near wetland areas. , 3.02 -General excavation shall be carefully undertaken to avoid damage to the underground utilities and tie-backs in the area and to avoid undercutting or ' undermining nearby structures or facilities. 3.03 - Trench excavation: No excavation shall take place unless the excavation , can be filled on the same day, except for excavations for the new bulkhead at the edge of the Harbor. Trenches for conduits shall be adequate for 30-inch conduit EARTHWORK SECTION 02300-2 ' cover depth. ' 3.04 - Subgrade preparation shall generally be accomplished with rough grading and compacted with earthwork equipment so as not to damage the anchor rods. ' 3.05 -Pea gravel bedding material placement: Pea gravel bedding material in trench excavation shall be placed in a single lifts of up to 6 inches in thickness, ' graded and compacted to support and secure the piping or conduits. 3.06 -Crushed stone or gravel placement shall be in fairly uniform layers to allow easy re-grading by hand to establish a level bed for piping. 3.07 -Availability of granular fill material: Prior to excavation in general, ' enough materials shall be on site so that the excavation can be filled that same day for conduit and drainage pipe bedding. ' 3.08 -Granular fill material placement: Natural granular fill material from on the site shall be used as general backfill and trench backfill and shall be placed and compacted in accordance with the provisions of this section. The first lift shall be ' bedded with water to fill the pea gravel voids. Granular fill material used as general site fill shall be placed and compacted to 95% modified proctor. ' 3.09 inch stone shall be placed into uniform layers behind the new bulkhead section beneath the concrete apron until reaching the mean low water elevation. Fill to 1 foot above MLW will be'/4 inch stone, up to the base of the concrete ' apron compacted in 6 inch layers with vibratory tampers. 3.10 -Gravel fill and Pavement Base material placement: A. Filter fabric / geotextile fabric shall be placed neatly and carefully along ' the existing revealed stone walls and new bulkhead sides, corners folded and pressed into creases to avoid pulling the fabric out of position or tearing during the placement and compaction of backfill. ' Back fill as soon as possible. B. Native gravel fill shall be placed in layers of no more than 12 inches ' thick for sub base materials (2 feet or more below finished /permanent grade) and compacted to 90% optimum density using modified Proctor reference densities. C. Gravel pavement base material shall be placed at least 2 equal layers but no more than 8 inch thick and compacted to 95% modified Proctor Density from 2 feet below finished grade up to the surface pavement base prior to placement of subsequent layers. EARTHWORK SECTION 02300-3 1 3.11 -The finished peripheral pavement over the deadman, tie-back anchors and ' around the sides of the ramp and concrete ramp shall be hot mix asphalt conforming to CT DOT specifications for'/ inch stone placed on the compacted base in two, 2 inch ' thick (compacted thickness) layers and compacted to 95% of modified proctor density. PART 4 -MEASUREMENT ' 4.01 -The Owners Rep will observe and document the size of the boulders removed assist during the excavation process and assist with sorting the materials for separate , payment of boulders in excess of/2 CY (3 foot nominal diameter) All other earthwork quantities are to be included in the cost for the steel sheet pile bulkhead. PART 5 -PAYMENT ' 5.01 -The Contractor shall be paid for excavation /fill and pavement under the lump ' sum bid item for steel sheet pile bulkhead complete and in place. . 1 END OF SECTION 1 1 EARTHWORK SECTION 02300-4 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 1 SECTION 02361 -TIMBER PILES ' PART 1: GENERAL ' 1.01 This section applies to timber piles which will be used to replace two damaged piles on the outer dolphin. This section will also apply to fenders on the bumper and other various structures which may be included in the project. 1.02 REFERENCE SPECIFICATIONS AND STANDARDS A. American Society for Testing and Materials (ASTM) A 36 Specification for Structural Steel A 153 Specification for Zinc Coating on Iron and Steel Hardware ' D 25 Standard Specifications for Round Timber Piles B. American Wood-Preservers' Association (AWPA) - Use all ' appropriate BMP's (Best Management Practices) relating to the treatment and installation of wood piles including but not limited to: A3-97 - Chromotrophic Acid Test C2 Lumber, timbers, bridge ties and mine ties, pressure ' treatment. C3 Standard for Piles -Preservative Treatment by Pressure Processes C18 Standard for pressure treated material in Marine Construction M4 Standard for care of Preservative-Treated Wood Products C. Pile Driving Record t 1.03 SUBMITTALS A. Certificates of compliance for class and gradation of piles, galvanized hardware (wire rope, staples, bolts, etc.) ' B. Pile hammer data and cap/cushion data, equipment and methodology ' C. Cut off and chamfer technique, Equipment and details TIMBER PILES SECTION 02361-1 I D. Connection data including bolts, nuts, washers, spikegrids, wire ' rope, staples, and chain and tensioning equipment /procedures E. Treatment including stainless steel banding of Greenheart piles, ' chemicals and sealant for tops of cut off piles, preservatives and touch-up coatings. F. Pile driving records for each pile. , G. Safety Data sheets for materials or equipment to be used in the ' prosecution of the work. 1.04 Pile Installation Record Documents -The Contractor shall maintain pile driving , records of every pile driven. A. Driving Record: Submit driving record of each driven pile to the Project Representative no later than two (2) days after driving. Include project name and contract number, type of rig and size of hammer used, type , of pile, type of pile driving cap used, pile dimensions, elevations of point, elevations of top before and after cut-off, mud line elevation, continuous record of number of blows for each foot of penetration, and ' any unusual occurrences during pile driving. PART 2 -MATERIALS , 2.01 ALL WOOD PILES ' A. Piles shall have a minimum length of 60 feet to meet a cut off elevation of to match existing dolphin top elevations and provide ' for 20 FT of embedment in existing bottom sediments. B. Taper: Piles shall have gradual taper throughout their length and be ' cut above the butt swell of the tree. C. Straightness: A straight line joining the centers of the butt and tip of , the pile shall lie within the pile. Reverse bends and short crooks deeper than 1 inch in five feet are not permitted. D. Trimming: All knots and limbs shall be cut flush with the surface of ' the pile, except that knots may be hand-trimmed and flush with surface of the swell surrounding the knot. ' TIMBER PILES SECTION 02361-2 ' E. Bark: All piles shall be debarked except that occasional bark ' ingrowth is permitted over sound wood. Less than 10% of the total surface area shall be in-growth and only on 10% of the total number of piles. F. Sawing: All piles shall be cleanly cut off at butt at right angles to the axis of the piles. The tip shall be pointed to receive a steel driving ' tip. ' 2.03 SOUTHERN YELLOW PINE PILES: A. GENERAL - New piles furnished under this section shall be 60 foot ' long new and undamaged, one piece, cleaned and peeled Southern Yellow Pine (SYP) Class A piles conforming to ASTM D25, pressure preservative treated with chromated copper arsenate ,CCA, Type C to ' final net retention of 2.5 #/cf in accordance with AWPA C3 and C18 may be used only if Greenheart is not available. ' B. Piles shall have a minimum tip diameter of 8 inches, the minimum butt diameter and circumference shall be as indicated in Tables 1(a) and 1(b) of ASTM D25. ' C. New wood support fenders and mooring piles shall be Class B conforming to ASTM D25 with 8-inch tip diameter. ' D. Only piles bearing a stamp, tag or brand certifying that the treatment was accomplished in accordance with the standards of the American Wood Preservers Association (AWPA) will be used for in-water construction. Wood that has been re-treated because it failed inspection following the first preservative pressure treatment ' application shall not be used for in-water construction. 2.04 PROHIBITED DEFECTS A. PROHIBITED DEFECTS -Piles shall be generally free of defects which significantly affect the strength or drivability of the pile. The ' following defects are prohibited. 1. Sound knots and knot clusters of aggregate width greater than one third the diameter of the section where they occur. 2. Rotten and hollow knots except occasional knot holes and scars less than'/2' in average diameter and 1 Yz" deep at the butt or'/2 inch deep at the tip or equivalent in sound wood. 3. Rot in the Heart. _ 4. Splits and shakes in the tip of the pile. TIMBER PILES SECTION 02361-3 5. Clean hole more than 1 ''/2" diameter in the butt. ' 6. Plugged holes ' 7. Large open star shakes and splits in the butt (See also i.) 8. Open ring shake greater than 30-inch diameter in the butt or severe cup shakes. , 9. Tight splits in the butt longer than 18". 10. Severe bruising or damage caused in falling or handling. 11. Insect attack except occasional pin hole borer. , 12. Spiral grain of pitch steeper than''/z tum (180°) in twenty feet. 2.05 HARDWARE: ' A. Wire rope shall be 1" diameter, 7 x 19 fibrecore cable in accordance with ASTM A(i03. ' B. Staples: Staples shall be minimum 3/8" diameter diamond pointed (not sloped or beveled cut) galvanized steel or stainless steel. t C. Threaded bolts and nuts shall conform to ASTM A307, Grade A, minimum inch diameter unless otherwise shown in the drawings. ' D. Piles added to existing dolphins shall have two bolt connections with adjacent brace piles and wrapped with wire rope. ' E. Washers shall be cast iron OGEE type, malleable iron or steel plate Y< thick. ' Use beveled washers for uniform bearing for angled members. F. Galvanizing -All hardware shall be hot-dip galvanized after fabrication and , threading of stock, in accordance with ASTM A153. (2 ox. Per square foot) Nuts will be sized to fit the bolt threads after galvanizing. G. Bands shall be stainless steel, 1/8-inch thick, 3 inches wide and be , permanently fastened or adjustable for future maintenance. ' PART 3 -CONSTRUCTION METHODS , 3.01 GENERAL INSTALLATION REQUIREMENTS: Proper location of piles shall be established by survey or other approved methods prior to placement of the piles. , A. Inspect piles when delivered and when set in the leads immediately before driving. Cant hooks or other damaging tools shall not be used to handle ' piles. Any damage to the treated wood will be repaired in accordance with AWPA M4. TIMBER PILES SECTION 02361-4 t ' B. Pile-driving work except spotting and manual directing during placement may be done from the water or land. The Contractor must provide adequate bulkhead set backs and ground load distribution for land-based driving equipment. ' C. Square the heads and tips of piles to the driving axis. Laterally support piles during driving, but do not unduly restrain piles from rotation. Where pile orientation is essential, take precautionary measures to maintain the ' orientation during driving. D. Wood piles shall be driven to the 20-ft. depth or othervvise to the load bearing indicated strength. Once driving begins, it shall be completed without interruption. E. Drive fender piles immediately next to the H pile bumper and strap the fender to the bumper with welded steel straps at the two positions shown. Fender piles that are slightly out of appropriate position for the finished bumper may have to be pulled and re-driven with prior agreement of the ' Owner's Rep, so as to avoid inducing breakage. Piles will be extracted with the aid of vibratory or pneumatic hammers and carefully stored unless re-driving can be accomplished immediately in which case it will be done ' so. F. Jetting will not be permitted on piles due to environmental quality issues ' and the need for solid embedment and resistance to pulling. G. Splicing of timber pile sections will not be permitted. ' H. Cut piles off with a slope to facilitate drainage at the indicated elevation. Chamfer the cut off piles where indicated. Trim and secure brace piles to king piles with new hardware in accordance with Section 3.07 below. I. Sawdust, chips and waste, or any pressure-treated wood debris shall be collected and disposed of in accordance with applicable laws, codes or ' other requirements. J. Treat all exposed cut ends and drilled holes in accordance with AWPA M-4. K. Submit driving records Submit driving record of each driven pile to the Project Representative no later than two (2) days after driving. Include ' project name and contract number, type of rig and size of hammer used, type of pile, type of pile driving cap used, pile dimensions, elevations of point, elevations of top before and after cut-off, mud line elevation, ' continuous record of number of blows for each foot of penetration, and any unusual occurrences during pile driving. TIMBER PILES SECTION 02361-5 3.01 DRIVING EQUIPMENT: ' A. Pile hammers shall be sufficient capacity to drive the piles to the depth ' indicated, requiring a driving energy of approximately 8,750 to 15,000 foot-pounds. ' B. Driving protection for the butt of the pile is recommended. The driving system shall transmit hammer energy uniformly and consistently during the entire driving period. Piles that are damaged (into the vicinity of the cut off and ' connections) during driving will not be acceptable, and will require removal and replacement with a new pile. C. Pile driving leads or other approved methods shall be used to keep the ' hammer and pile in accurate alignment during driving. Swinging leads (unsecured at the base) will not be approved. ' D. A pile shoe or shaped tip shall be used for the dolphin piles to assure maximum penetration with minimal pile damage. Pile shoes or tips will not be required on the bumper piles. , 3.04 TOLERANCES: , A. LOCATION: .01 -New replacement dolphin piles shall be driven in the location ' depicted in line as shown on the drawings B. ALIGNMENT: , .01 The plumb piles shall be driven with a slope variation of not t more than 1/8" per foot of pile length. .02. Battered piles shall be driven with a slope variation of not more than %2 inch per foot. ' .03. Manipulating piles to force them into position after driving will not be permitted. ' 3.05 DAMAGED OR MISDRIVEN PILES: Damaged piles shall be replaced at the Contractor's expense; mis-driven piles shall be replaced or pulled and ' re-driven as directed, at the Contractor's expense. 3.06 OBSTRUCTIONS: Should unyielding subsurface obstructions be , encountered, prior to reaching the indicated bearing capacity or embedment, and such obstructions would damage the pile or cause it to drift substantially from its required location, the Contractor shall notify the ' Owner's Rep of Engineer. If it is determined that the contractor must - withdraw the pile and drive it at another location , as directed, the cost of withdrawing and re-driving the pile will be paid for at the unit price ' TIMBER PILES SECTION 02361-6 stipulated in the bid. ' 3.07 SECURING PILES: A. Trim the inner face of piles as necessary to develop each connection with trimmed pile edges bearing flat without inducing bending or torsion. B. Holes for bolts shall be bored at the locations shown in typical details, or as otherwise required, horizontally at least 24" below the top of the pile with a bit 1/16" larger than the bolt diameter. Successive through bolt installations will be separated by at least 12 inches. Alignment of bolt holes shall allow insertion by tapping; driving is not allowed. Drill bits shall be kept sharp, producing shavings not chips, thus minimizing ' damage to the wood. ' C. When a nut is exposed on the face of a pile facing the boaters or the public, counter bore for the bolt head and recess the head 1" below the face. Nuts shall be located on the side away from the boats and ' the public to the maximum possible extent. D. All drilled holes shall be thoroughly flushed with a compatible ' preservative solution in accordance with AWPA M-4. Similarly, all cut timber surfaces shall be given two brush coats of a compatible preservative solution before installation. ' E. All bolts shall be timber bolts 1'/<" diameter and shall bear on washers ' of the type indicated under the nut. In general, not more than two (2) washers, including beveled washers, will be used under a bolt head or nut. Use beveled washers only where required as a last resort. ' F. Galvanized coating which has been cut, burned by welding, abraded, or otherwise damaged to the point that the base metal is exposed ' shall be repaired and recoated. The damaged area shall be cleaned thoroughly by wire brushing to remove all traces of loose or cracked galvanized coating before painting. The cleaned area shall be painted ' with two coats of galvanizing repair paint. G. After nuts have been tightened, there shall be at least '/z" of exposed thread beyond the nuts. Nuts shall be checked for positive locking. Cut off excessive threaded ends in public exposure areas and all ' dolphins. Paint cut bolt ends with two coats of galvanizing repair paint. TIMBER PILES SECTION 02361-7 I 3.08 FINAL BUTT TREATMENT: After all trimming and preservative treatment, t coat the top of pile with an approved sealant material at least to a thickness , recommended by the manufacturer. PART 4 -METHOD OF MEASUREMENT , 4.01 Piles will be measured on a per each basis, driven, cut off, treated, and connected whether Class B Greenheart piles or Class A Pressure Treated , SYP piles. 4.02 Dolphin-pile connections including installation, bolting and wire rope wrapping will be included with the replacement cost of the pile on a per ' each basis. 4.03 Piles driven for fenders and clusters which hit obstructions and must otherwise be removed and re-driven, will be measured on a per each ' basis only with prior authorization of the Owner's Rep. PART 5 -BASIS OF PAYMENT 1 5.01 Piles will be paid for in accordance with the following: , A. Driven Class B CCA Treated Southern Yellow Pine piles in special applications such as the new light pole, will be paid for installed, , complete and in place, cut off and treated on a per each basis. B. Pulled and re-driven piles will be on a per each basis C. Dolphin-pile cluster bolted and wire wrapping connections on new , piles will be paid for in the bid unit price to replace one pile. END OF SECTION ' TIMBER PILES SECTION 02361-8 ' FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 1 SECTION 02362 -TIMBER WORK PART1 GENERAL 1.01 DESCRIPTION - This section applies to timber work, in general, and ' specifically, the wood timber pier restoration, curbing, ladder bracing and rail work. No creosote treated wood products are to be used on this project. 1.02 REFERENCE SPECIFICATIONS AND STANDARDS ' A. American Society for Testing and Materials (ASTM) A 36 Specification for structural steel. A153 -Zinc Coating (Hot-Dip) on Iron and Steel Hardware ' A307 -Carbon Steel Externally Threaded Standard Fasteners D245 -Standard Practice for Establishing Structural Grades and Related Properties for Visually Graded Lumber. ' B. American Wood Preserves' Association (AWPA) - Use all appropriate BMP's (Best Management Practices) as set forth by the WPA and as ' appropriate for this work relating to the treatment and installation of wood pile and timber structures including but not limited to the following: ' A3-97 Chemotrophic Acid Test C2 Lumber, timbers, bridge ties and mine ties, pressure treatment. ' C3 Standard for Piles -Preservative Treatment by Pressure Process. C18 Standard for pressure treated material in Marine Construction. M4 Standard for care of Preservative-Treated Wood Products. ' 1.03 SUBMITTALS A. Certificates of compliance for timbers and hardware. Timbers ' bearing the AWPB quality mark for the specified standards do not require certificates of compliance for preservative treatment. ' B. Connection data for nuts, bolts, washers, spikes, nails, lag bolts, screws C. Product literature for galvanizing repair paint. TIMBER WORK SECTION 02362-1 1 1 D. Treatment chemicals and sealant for cut-off timers and decking preservatives and touch-up coatings. E. Safety data sheets for materials and equipment to be used in the ' prosecution of the work. 1.04 DELIVERY AND STORAGE: ' A. Timber shall be stored on skids off the sub-surface (grass, soil or pavement) and under cover in a manner that prevents warping and , allows shedding of water. Timbers shall be handled with ropes or chain slings without dropping, breaking outer fibers, bruising, or penetrating the surface with tools. ' B. Hardware shall be protected from corrosion and physical damage. PART 2 MATERIALS ' 2.01 CCA Preservative -Use CCA type C only. ' 2.02 TIMBER for wood pier construction or reconstruction or general purposes in contact with tidal waters shall be new and undamaged with at least of the ' following grades as determined by the Southern Yellow Pine Inspection Bureau, as applicable: A. Timbers shall be Southem Yellow Pine No. 1 Grade or better, ' except for 10x10 curbing on the pier which may be Grade No. 2. B. Dimension -All timber shall be sized to match the components as identified in the drawings and shall be "dressed" dimension (four sides). The indicated dimensions of square-sawn timbers are ' nominal. C. PRESERVATIVE TREATMENT: New timber shall be fabricated as , completely as practicable, seasoned and cleaned before preservative treatment. Timber members that will be preservative treated with CCA to a minimum retention of 2.5 pcf. , Cut members will be treated with or field applied wood preservative in accordance with AWPA M4 ' 2.03 Finish quality A. Timbers for framing on temporary structures, wood wales and ' mooring pile clamps may be rough cut or finished. ' TIMBER WORK SECTION 02362-2 B. Timbers for any surface to which the public is exposed will be finished on four sides, trimmed and installed, sanded, waterproofed ' to prevent splinters or danger to the public. 2.05 HARDWARE: ' A. Use threaded timber bolts and nuts conforming to ASTM A307, Grade A, using the minimum diameter depicted in all connections, and otherwise minimum 1-inch diameter. B. Washers shall be cast iron OGEE type, maleable iron or steel plate. ' Inclined bolts shall be fitted with beveled washers. C. Galvanizing - All hardware shall be hot-dip galvanized after ' fabrication and threading of stock, etc. in accordance with ASTM A153. (2 oz. per SF) ' PART 3 -EXECUTION 3.01 GENERAL ' A. Care of pressure treated wood products shall comply with AWPA Standard M4. Attach specialty equipment metal fabrications or ' timbers in accordance with details in the drawings. B. All timber shall be cut accurately, and framed for a true and close fit ' and matching the size and spacing of adjacent members and creating a tight fit with adjacent materials. Contact surfaces of abutting timbers shall have firm and even bearing. ' C. Holes for bolts in wood shall be bored with a bit 1/16" larger than the bolt diameter. Alignment of bolt holes shall allow insertion by ' taping; driving is not allowed. Drill bits shall be kept sharp, producing shavings not chips, thus minimizing damage to the wood. ' D. All drilled holes in wood shall be thoroughly flushed with a compatible preservative solution. Similarly, all cut timber surfaces shall be given two brush coats of a compatible preservative solution before installation. E. All bolts shall be timber bolts shall bear on washers under the nut. ' In general, not more than two (2) washers will be used under a bolt head or nut. On the rails, nuts will be away from the public access or covered by the interior middle rub rail or the public access side. TIMBER WORK SECTION 02362-3 Nuts on the back side of piles will be counterbored to assure a 1- , inch recess for the nut and bolt cut off. F. After nuts have been tightened, there shall be'/z" of exposed thread ' beyond the nuts. Paint cut bolt ends with two coats of galvanizing ' repair paint. Nuts shall be checked for positive locking. G. Galvanized coating which has been cut, burned by welding, ' abraded, or otherwise damaged to the point that the base metal is exposed shall be repaired and recoated. The damaged area shall be cleaned thoroughly by wire brushing to remove all traces of ' welding flux and loose or cracked galvanized coating before painting. The cleaned area shall be painted with two coats of galvanizing repair paint. ' H. Cutting, shaping, drilling and other construction activities should be conducted clear of the water's edge. Sawdust, chips and any ' debris should be collected and disposed of in accordance with applicable laws, modes and other requirements. PART 4 METHOD OF MEASUREMENT: 4.01 Miscellaneous timber work and connections will have to be included in the Contractor's approved Schedule of Values as the work is incidental and not quantified. ' PART 5 BASIS OF PAYMENT 5.01 Miscellaneous timber work and connections will be paid for as a part of the various items of the bid schedule and / or approved Schedule of Values. ' END OF SECTION 1 t TIMBER WORK SECTION 02362-4 ' FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 SECTION 02364 -STEEL SHEET PILING 8~ ANCHOR SYSTEM ' PART1-GENERAL 1.01 DESCRIPTION OF WORK: ' The work covered by this section consists of furnishing all equipment, labor, materials, and performing all operations in connection with the installation of 35 foot long PZ7steel ' sheet piling, cap, waters, and tie-back anchors in accordance with these specifications and applicable drawings. ' 1.02 REFERENCE SPECIFICATIONS AND STANDARDS: ' The following standards (latest edition) of the issues listed below, but referred to thereafter by basic designation only, form a part of this specification to the extent indicated by the references thereto: ' American Society for Testing and Materials (ASTM) Standard Specifications for: A 29 Steel Bars, Carbon and Alloy. Hot-Wrought and Cold-Finished A 36 Carbon Structural Steel ' A 108 Steel Bars, Carbon, Cold Finished, Standard Quality ' A 123 Standard Specification for Zinc Coatings (Hot Dip Galvanized) on Iron and Steel Products A 153 Zinc (Hot Dip Galvanized) Coatings on threaded Iron and Steel hardware. A 194 Carbon and Alloy Steel Nuts for High-Pressure and High- Temperature Service A 307 Carbon Steel Bolts and Studs. STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-1 1 ~ _ _ - 1 A 325 High-Strength Bolts for Structural Steel Joints , A 328 Steel Sheet Piling- 50 KSI steel ' A 572 High- Strength Low-Alloy Columbium-Vanadium Structural Steel ' A 570 Steel, Sheet and strip, carbon, hot rolled, structural quality. ' A 690 High-Strength Low-Alloy Steel H-Piles and Sheet Piling for Use in Marine Environments. ' A 722 Uncoated High-Strength Steel Bar for Prestressing Concrete A 780 Standard Practice For the Repair of Damaged Hot Dip ' D 1785 Poly Vinyl Chloride (PVC) Plastic Pipe, Schedule 40,80 and 120 , F 436 Hardened Steel Washers B. Coatings ' Steel Structures Painting Council (SSPC) ' SSPC-SP-10 -Near-White Blast Cleaning, SSPC-Paint- 16- Coal Tar Epoxy Coating, in conjunction with US Army Corps of Engineers Standard E 303d (Organic Zinc Primer). C. American Welding Society (AWS) ' D1.1 Structural Welding Code-Steel (for welder qualifications as well as processes and materials.) , 1.03 SUBMITTALS: A. Within 15 days of the issuance of a Notice to Proceed, the Contractor shall submit descriptions of sheet piling driving equipment, test procedures, ' materials test reports, sheet piling driving records, and other required submittals to the Owners Rep and Engineer for approval as required; Shop drawings will be submitted within 15 days. ' B. Equipment Descriptions: Complete descriptions of sheet pile driving ' equipment, including hammers, extractors, protection caps, and other installation appurtenances, including dissimilar mental isolation shins or materials shall be submitted for approval prior to commencement of work. ' STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-2 1 C. Construction Sequence Plan: Guides, tie backs, wales, capping, and ' miscellaneous associated materials and items including sheeting temporary stability plan showing all temporary piles and bracing to provide ' support to the sheeting lines against displacement during construction designed and sealed by a New York Professional Engineer. ' D. Shop Drawings: Shop drawings for sheet piling and fabricated steel sections, shall show complete dimensions and details of the work, and shall show the driving sequence and location of sheet piling. Shop drawings shall also include details and dimensions of templates and other temporary guide structures for installing the piling, details of handling methods to prevent permanent deflection, distortion, or damage to the interlocks, and other installation considerations for the various elements of the work. E. Certificates of conformance shall be submitted for sheet piling including interlock strength and gaging certificates, tie-backs, bolts, hardware and ' associated components. F. Specification data sheets for sheet piles, cap, wales, etc. and procedures ' for coating/patching above, and below water if necessary, cut or drilled holes, isolation materials and methods for dissimilar metals or coatings. G. Certificates of welders and others with specialty training required for the safe and structurally sound completion of the work. ' H. Driving Records: Records of the sheet piling driving operations shall be submitted after driving is completed. These records shall provide a system of identification which shows the disposition of approved piling in the work, driving equipment performance data, piling penetration rate data, piling dimensions, and top and bottom elevations. The format for driving records shall be as included here in or other forms acceptable to the Owner's Rep and Engineer. I. Delivery, Storage, and Handling: Unless otherwise approved, materials delivered to the site shall be in a new and undamaged condition and shall be accompanied by certified test reports. The manufacturer's logo and ' mill identification mark shall be stamped on each unspliced sheet piling at a minimum of two locations. J. Sheet piling shall be stored and handled in the manner recommended by the manufacturer to prevent permanent deflection, distortion, or damage to the interlocks. Storage of sheet piling should also facilitate required ' inspection activities. STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-3 1 i PART2-PRODUCTS ' 2.01 MATERIALS: ' A. Steel Sheet Piling: New, undamaged and previously unused and ' conforming to the requirements of ASTM A328 of sizes as indicated on the drawings. Sheet piling shall be of the same manufacturer. Higher grades may be substituted if they represent no additional cost to the Owner. , Sheet piling, including special fabricated sections, shall be full length sections of the type and dimensions indicated on the drawings. Sheet piling shall be provided with standard pulling holes. Fabricated , sections of sheet piling shall conform to details shown on the drawings, manufacturer's recommendations for fabricated sections, and to approved ' shop drawings. B. Steel Plates: Although splicing will not be allowed as a rule, structural ' steel splice plates for sheet piling if required and approved by the Owners Rep/Engineer, shall conform to ASTM A572, field coated after completion with coal tar epoxy. , C. Wale's and Piling Cap: Structural steel components for wale's shall conform to ASTM A572 Grade 50, coated in accordance with I below. D. Anchor rods shall be 1 '/<"-inch diameter conforming to ASTM A722 Grade 150 Type II galvanized per ASTM A153. E. Tie Back Rod Hardware: .01 -Heavy Duty Hex Nuts -ASTM A-29 Grade C-1045. .02 -Hardened Washers -ASTM F-436-80 Type I. Couplers - ASTM A108. 03- Bearing Plates-ASTM A36 size as called for on drawings or otherwise 6 inches by 1 inch thick. Nuts, washers and couplers to be galvanized per ASTM A153. Nuts, washers and couplers to ' develop the maximum ultimate strength of rod. Bearing plates to be attached to wale's and epoxy coated. Isolation washers or similar shall separate dissimilar metals /coatings. ' F. End Caps:_Grease packed screw on end caps conforming to ASTM D- ' 1785 schedule 40 PVC 1120. 1 1 STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-4 1 ' G. Wale and Piling Cap - Bolts, Nuts, and Washers: Bolts - ASTM A 325, Type 1 or Type 3 and galvanized per ASTM A153. Nuts -Heavy Hex 1 ASTM A 194 zinc coated. Washers -ASTM F436 Type 1 zinc coated. H. Welding: Any welding performed shall be done with 70 Series electrodes compatible with ASTM A572 Grade 50 steel or as otherwise applicable and work shall be in accordance with AWS code D1.1 or D3.6 as ' applicable. I. Coatings: Steel piles, bracing, sheet piling, fabricated wales and piling ' cap braced beam shall be prepared for coating by sandblasting the required surface to a near-white metal blast per SSPC-SP-10. The "required surface" of the sheet shall be that portion of the pile indicated to ' be coated on the drawings which will otherwise be the top 10 feet of the outside face of the sheet. ' Prime in shop all steel with Tenemec 90-97 aromatic urethane, zinc rich or equal, 3 mils minimum dry thickness. Final coat in shop all steel with Tenemec 46-H413 Polymide Coat-Tar Epoxy or equal in two equal coats totaling 16 mils, dry thickness. After erection and field welding touch up with primer all surfaces damaged with the specified primer and final coating. ' Steel sheet preparation and application of the shop coating shall be by the Dura-bond Company of Export, PA. PART 3 -EXECUTION: 3.01 SHEET PILING A. The Contractor must follow the manufacturer's recommendations for placing and driving sheet piling. B. Piling Driving Equipment: Hammers shall be vibratory, such as Vulcan ' Model 1150, or steam, air or diesel drop, single-acting, double-acting, differential-acting with driving energy between 8,750 and 16,000 foot- pounds, as recommended by the piling manufacturer for the piling weights and subsurface materials to be encountered, and so as to insure interlock for their entire length without damage. 1 STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-5 1 1 C. Placing and alignment: Excavation of stone required within the area where ' sheets are to be installed shall be completed prior to placing the sheets. It , is recommended that sheets be driven in pairs, if at all possible. Pilings shall be driven plumb, with out-of-plumbness not exceeding 1/4 inch per 10 feet of length, and shall be placed true to line. Temporary wales, templates, or guide structures shall be provided to insure that the pilings are placed loading with the ball, and driven plumb and to the correct alignment. Pilings properly placed and driven shall be interlocked , throughout their length. D. Driving: Pilings shall be driven by hammer without the aid of a water jet. ' Continuous precautions shall be taken to insure that the sheet piles are driven plumb both ways. If a sheet gets out of plumb, remove it and re- drive it. Driving hammers shall be maintained in proper alignment during ' driving operations by use of leads or by guides attached to the hammer preventing jaw wear by gripping with all teeth. Do not load the vibratory hammer during startup. Caution should be taken in the sustained use of ' vibratory hammers when a hard driving condition is encountered to avoid interlock melt or damages. The use of vibratory hammers should be discontinued and impact hammers employed when the penetration rate , due to vibratory loading is one foot or less per minute. A protective cap shall be employed in driving when using impact hammers to prevent damage to the tops of pilings. If driving gets tough probe the pile by ' pulling up 2 feet then re-driving and consider driving sheets individually to minimize damage potential. If a sheet reaches refusal, move on to the next sheet after notifying the Owner's Rep or Engineer to evaluate ' alternatives. Pilings damaged during driving or driven out of plumb or out of interlock shall be removed and replaced at the Contractor's expense. Should obstructions restrict driving a pile to the specified penetration, the obstruction shall be penetrated with a chisel beam. If the Contractor demonstrates penetration is impractical, removal of obstructions shall be investigated. If it is determined that removal is impractical then the Contractor may suggest such changes in design alignment of the piling structure to insure the adequacy and stability of the structure. ' Pilings shall be driven to depths shown on the drawings and shall extend up to the elevation indicated on the drawings for the top of pilings The ' new steel bulkhead wall should be finished to the same elevation as the existing bulkhead so that existing site grade can be maintained. If the piling next to the one being driven tends to follow below final elevation, it may be tack welded to the next adjacent pile for stability. STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-6 ' E. Cutting: Sheets driven to refusal or to the point where additional penetration cannot be attained leaving sheets extending above the ' required top elevation in excess of the specified tolerance shall be cut off to the required elevation after approval of the Engineer with adequate ' notations on "as-built" record plans. Pilings driven below the required top elevation or pilings damaged by ' driving and cut off to permit further driving shall be extended as required to reach the top elevation by splicing when directed. The Contractor shall trim the tops of sheet piles excessively battered during driving. Piling cut- ' offs shall become the property of the Contractor and shall be removed from the work site. The Contractor shall cut holes in sheets for bolts, rods, drains, or utilities as shown on the drawings or as directed. All cutting shall be neat and trimmed. A straight edge shall be used in cuts made by burning to avoid abrupt nicks. Bolt holes shall be drilled or may be burned and reamed by methods which will not damage the surrounding metal. ' Holes, other than bolt holes, shall be reasonably smooth and of proper size for rods or other items to be inserted. All cuts and burned or drilled holes, after reaming, shall be smoothed, primed and coated with touchup ' mixtures of approved coatings. In the event that conditions dictate that splicing is required and with prior ' approval by the Engineer, pilings shall be spliced together with concentric alignment of the interlocks so that there are no discontinuities, dips, or camber at the abutting interlocks. Welding of splices shall conform to the ' requirements of metal fabrication, and miscellaneous provisions. Ends of pilings to be spliced together shall be squared before splicing to eliminate dips or camber. Spliced sheets shall be free sliding and able to obtain the ' maximum swing with contiguous sheets. Pilings adjoining spliced pilings shall be full length unless otherwise approved. Splicing of pilings shall be as indicated on approved shop drawings. ' F. Inspection of Driven Piling: The Contractor shall inspect the interlocks of the portion of driven sheet piling that extend above the water. Pilings found to be out of interlock shall be removed and replaced at the Contractor's expense, if in doubt, the Contractor shall use divers to inspect the underwater portions of sheet piling interlocks. Divers representing the Engineer/Owner may also inspect the interlocks. The inspection shall be performed after driving is completed, prior to back filling. If interlock abnormalities are found they shall be corrected by the contractor at the contractor's expense. STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-7 G. Pulling and Re-driving: The Contractor may be required to pull ' selected pilings after driving to determine the condition of the underground ' portions of pilings. Any piling so pulled and found to be damaged to such extent as would impair its usefulness in the structure shall be removed and replaced at the Contractor's expense. Pilings pulled and found to be , in satisfactory condition shall be redriven. H. .Fabricated Corners: The project has been designed for use of standard , manufactured comers. Comers shall be fabricated to dimensions and shape shown with appropriate interlock to accept adjacent sheeting. Bends in comers shall be connected by continuous full penetration welds. , Where changes in pile length occur at a comer the comer piece shall be the same length as the shorter sheet. I. At the end of the steel sheetpile wall, end forming will be set to hold back ' the concrete comer blocks that will bind and real the bulkhead to the existing stone wall. This end forming shall be wood or steel. Wood forms will be trimmed to suitable dimensions to seal the space between the two walls. Steel end plates 1/2-inch thick by 4-feet wide and 16 feet long, cut to shape as necessary, will be set into place to be held laterally as well ' as against leaning by the end sheets at each end of the bulkhead wall, then backfilled with 1 stone typical of the remainder of the scour wall. J. Dive Team: If driving conditions warrant and with the acceptance of the ' Engineer the contractor shall provide an OSHA qualified and compliant dive team to ascertain undervvater conditions and / or assist in the removal ' of obstructions. 3.02 TIE-BACKS INSTALLATION: A. Tie-back rods shall be one piece. Splices will be allowed to the minimum extent necessary and utilizing couplings which develop the full strength of the tie and of the materials (to avoid dissimilar metal induced corrosion). ' B. Threaded nuts shall conform to ASTM A307, Grade A, minimum 1Y< inch ' diameter to fit galvanized rod. C. Washers shall be cast iron OGEE type, malleable iron or steel plate 1-inch thick. D. Galvanizing -All hardware shall be hot-dip galvanized after fabrication and ' threading of stock, in accordance with ASTM A153. E. All nuts shall bear on washers of the type indicated under the nut and the head. In general, not more than two (2) washers will be used under a nut. 1 STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-8 1 F. After nuts have been tightened, there shall be approximately 2" of exposed thread beyond the nuts. Paint cut bolt ends with two coats of galvanizing repair paint. Nuts shall be checked for positive locking. ' G. Galvanized coating which has been cut, burned by welding, abraded, or otherwise damaged to the point that the base metal is exposed shall be repaired and recoated. The damaged area shall be cleaned thoroughly by ' wire brushing to remove all traces of welding flux and loose or cracked galvanized coating before painting. The cleaned area shall be painted with three coats of galvanizing repair paint. K. Pulling holes shall be provided in pilings as required. Extractors shall be of suitable type and size as recommended by the sheet pile manufacturer. Care shall be exercised during pulling of sheets to avoid damaging the interlocks and adjacent work. Pilings shall be pulled one sheet at a time. Pilings fused together shall be separated prior to pulling unless the ' Contractor demonstrates to the satisfaction of the Engineer that the pilings cannot be separated. The Contractor will not be paid for the removal of pilings damaged beyond structural use due to care not being exercised during pulling. 3.03 FIELD QUALITY ASSURANCE: ' A. Upon completion of anchor rod installation and prior to backfilling, notify Owner's Rep or Engineer for inspection of anchor rods, taughtness, alignment, damage, etc. PART 4 -MEASUREMENT ' 4.01 METHOD OF MEASUREMENT: A. Steel sheet piling (sheets and corners): This item of work will be measured for payment by the number of horizontal linear feet of steel sheet piling of the length shown on the drawings, furnished and installed computed by the horizontal limits of ' the bulkhead shown on the drawings. • Wale and cap furnished and installed and accepted including connections and coatings. ' Tie-back anchors installed and accepted including all connecting devises, settlement protection and coatings. ' • Chisel Beam of Obstructions as required due to driving conditions and shall include all time to setup and perform the work. STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-9 Obstruction removal as required due to driving conditions and shall ' include all time to setup, perform the work, demobilize with incidental ' equipment and materials all as part of Section 0222 Excavation. B. Dive Team: This item will be measured by the day of use on an OSHA approved dive team and shall include the time required to travel to and from the site, , set up, conduct the work, demobilize and return including all labor, equipment and materials incidental thereto. PART 5 -BASIS OF PAYMENT 5.01 -Steel Sheet Piling for bulkhead sheets and comers: This work will be paid for at the Schedule of Values price per horizontal linear foot for PZ27 "steel sheeting," furnished and then completed in place and accepted by the Owner's Rep or ' Engineer. This price shall include all fumishing, fabricating, coating, transporting, setting and driving along with all materials equipment, tools and labor incidental thereto for completion of the bulkhead, cap and wales. The payment for fumishing ' and installing of steel end sections and corners coated will be included in the horizontal linear foot cost of the driven sheets. B. Dive Team: This work will be paid for at the contract Alternate Bid Item unit price per day of diving required as stipulated in the bid schedule and shall , include all materials, equipment and labor incidental thereto as set forth in the Schedule of Values. END OF SECTION 1 1 STEEL SHEET PILING & ANCHOR SYSTEM SECTION 02364-10 I FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 SECTION 02070 -REMOVALS PART 1 -GENERAL 1.01 MATERIALS TO BE REMOVED ' A. The Contractor will be required to remove the existing wood pier and bulkhead ramp facilities in areas of the contract scope of work. ' B. All removed materials, except those designated for reuse, or salvage shall be loaded into roll-off containers and removed from the site and the Island, except soil materials which may remain for disposal on the Island under the direction of the owner. ' 1.02 DESCRIPTION OF WORK ' A. The Contractor shall remove existing piles, sag or structural concrete, timbers, piping, anchor rods, pavement; fill (including boulders) and various other materials as necessary to provide for the safe and efficient prosecution of the work. ' B. The contractor shall remove by cutting, the top of the existing steel sheet pile bulkhead to a foot above the mean low water line, the wale and safety bar in the area designated. PART 2 -MATERIALS: NOT APPLICABLE ' PART 3 -CONSTRUCTION METHODS 3.01 Removals shall be performed without any damage to the site, or existing facilities ' which are to remain. Any items which are to remain and which are damaged by the Contractor's operations shall be repaired or replaced to the satisfaction of the Owner's Rep. ' 3.01 Removals shall be performed to the extent necessary or required for the proper installation of new work. Carefully remove and relocate or dispose waterfront ' shoreline structures as necessary to allow for completion of the work and so as not to constrict or impede navigation. Tie-back anchors and the safety bar will not be out or removed until bulkhead backfill has been removed in preparation for ' driving new sheets. REMOVALS SECTION 02070-1 1 3.02 Demolition and Disposition A. Remove sheet piles in the area of new sheet pile installation by cutting off ' the top of the sheets to 1 FT above the elevation of mean low water line and removing the wales and safety bar. ' B. Pavement, concrete and pier debris shall be placed in waste containers to prevent the spread and accumulation of dust, dirt or potentially hazardous , materials. Containers will be removed from the site as often as necessary to maintain an un-congested, clean and safe work area. C. The Contractor shall take all precautions necessary to ensure that no debris from the removal operations falls into the water or is dropped from or blown out of removal or storage containers on site or during transit to the disposal , area on the main land. Any material which is dropped, breaks from, or is blown out of containers or vessels will be completely and promptly retrieved or otherwise cleaned up in accordance with applicable laws and ordinances as appropriate. PART 4 -MEASUREMENT , 4.01 Excavation and removal of rubble or debris, which might interfere with the installation of the sheet piles or anchors, will not be paid for separately, ' unless pieces of Yz CY or 3-FT diameter or larger are encountered. They will be paid for on a per ton basis. 4.02 Boulders larger than nominal 3 foot diameter (1/2 CY) removed during ' excavation for the sheet-pile wall or concrete apron and verified by the Owners Rep will be stored separately from other salvaged materials and will be ' loaded into a dump truck and weighed on the mainland. Payment will be based on the empty and loaded weight tickets from the certified scale. t PART 5 -BASIS OF PAYMENT 5.01 The Contractor will be compensated directly as a lump sum item in the Bid ' Schedule for removals of various remnants from earlier construction projects. Materials will be placed into dumpsters or others containers which , will be provided by the Owner's Rep. The Contractor's cost for removals should be kept separate from line items in the Schedule of Values. 5.02 The contractor will be paid for boulders excessing 3 foot nominal diameter on a , per ton basis. END OF SECTION - ' REMOVALS SECTION 02070-2 ' ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 ' SECTION 02400 -CHAIN LINK FENCE 8 GATES PART 1 -CHAIN LINK FENCE ' 1.01 -GENERAL A. This section applies to the installation of new chain link fencing in the ramp area for public safety as shown in the contract drawings. The scope of work will be fora 4-foot high chain link fence and gate system with posts, rails, and fabric shall be pre-coated, color green. ' B. This section does not apply to the work site security fence and gate to prevent access to the site entry by the public during construction. ' 1.02 -DESCRIPTION ' A. Provide all labor, materials and equipment required to perform the work called for in this section of the specifications, including, but not necessarily limited to the installation of chain link fencing, fence gate, and fence post footings. ' B. Install fencing as a temporary safety barrier and security provision around the perimeter of the contractors work area during construction and remove/relocate it to the back side of the ' bulkhead. 1.03 -REFERENCES A. United States Steel Wire Gage: All gage measurements of junked wire shall be U.S. Steel Wire Gage or equivalent. B. AASHTO M-181- Tolerance for wire sizes shall be as specified in AASHTO- M-181. C. ASTM 153 Galvanized coatings for steel products. D. Manufactures literature on chain link fence gate. ' Chain Link Fence & Gate 02400-1 FISHERS ISLAND FERRY DISTRICT , RAMP RESTORATION , FISHERS ISLAND, NY NOVEMBER 2012 1 2.01 -MATERIALS , A. Fabric- Wire fencing shall be composed of woven wire of the chain link type. It shall not be less than the height specified on the plans or ' in the special provisions and shall be constructed of not smaller than No. 9 gage wire. The wire shall be woven to form a continuous fabric having 2-inch mesh. The chain link fabric shall have a knuckled , finish on both edges. 1) The base metal of the fabric shall be of steel wire having a ' minimum tensile strength of 80,000 pounds per square inch, coated with aluminum alloy applied at the rate of not less than 0.40 ounces per square foot of uncoated wire surface. , 2) Polyvinyl Chloride-coated steel fabric shall conform to the requirements of Federal Specification RR-F-00191, Type IV, , and shall be the color green. B. Metal Posts and rails ' 1) Metal posts shall be straight ,true to section and of sufficient length to enable the post to be encased for a depth of 2 feet 8 , inches in an insert or cored into a concrete footing which shall have a depth 3 feet below ground level, welded to steel bulkhead cap or bolted to wood curbing. ' 2) All posts, rails, braces, anchors, plates, and other devices shall meet one of the following specification. ' 3) Galvanized material shall be made of steel of a standard ' commercial type, hot-dip galvanized with a zinc coating weighing not less than 2.0 ounces per square foot when tested in accordance with AASHTO T65 or shall be in accordance with ' AASHTO M181, Class 2. 4) The contractor shall provide a materials certificate and a ' certificate of compliance conforming to AASHTO M 181, Class 2. Chain Link Fence & Gate 02400-2 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 ' 5) Polyvinyl chloride-coated material shall be made of steel of a standard commercial type coated inside and outside with the same polyvinyl chloride coating as the chain link mesh or shall have all surfaces galvanized with the outside galvanized surface ' coated with the same polyvinyl chloride coating as the chain link mesh. C. Fittings -these shall be malleable iron, pressed steel or aluminum alloy. The fittings shall be either hot-dip galvanized or polyvinyl chloride-coated r 1) Hot-dip galvanizing shall conform to the requirements of ASTM A 153, 2 ounces per square foot. ' 2) Polyvinyl chloride-coated material shall have the same polyvinyl chloride coating as the chain link mesh. ' D. Tension and Tie Wire 1) Tension wire for steel fence shall be coil spring steel not less than 7 gage. The base material shall have a minimum tensile strength of 80,000 pounds per square inch with an aluminum ' coating applied at a rate of 2 ounces per square foot of surface area. ' 2) Wire clamps for fastening fabric to line posts shall not be less than 6 gage. Tie wires or hog rings used to fasten the fabric to the top rail or tension wire shall be not less than 9 gage polyvinyl chloride coated steel wire for polyvinyl chloride fence. E. Concrete used for fence post footings shall conform to Technical Specification Section 3300 "Concrete". ' PART 3. CONSTRUCTION METHODS A. Posts ' 1) The posts shall be spaced in line of fence not further than 8 feet on centers, but equal spacing in runs where length varies. ' 2) Posts shall be set in concrete conforming to Section 3300. ' Chain Link Fence & Gate 02400-3 1 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION , FISHERS ISLAND, NY NOVEMBER 2012 3) In earth, the hole for the concrete footing shall extend at least ' 4 inches below the bottom of the post but not less than 6 ' inches in diameter for all line posts and 12 inches in diameter for terminal, pull or comer posts. The tops of the concrete footings or fill shall be crowned to shed water. ' B. Bracing 1) End posts shall be braced. All corner posts shall have two compression braces. End posts shall be braced with a compression member. 2) Pull posts with two braces shall be provided at ends of runs or where changes in horizontal or vertical alignment of ten (10) ' degrees or more occur. 3) Braces are required at the gate posts. , 4) Braces shall be securely fastened to posts by suitable ' connections and trussed from line post back to post requiring bracing with 3/8 inch round rod, having a turnbuckle adjustment. , C. Top Rails and Tension Wires 1) The top rail shall pass through the base of the line post cap , and form a continuous brace from end to end of fence. 2) The rail shall be provided with couplings at no more than 20 , intervals. The couplings shall be of the outside 3-sleeve type and at least 7 inches long, one coupling in every five to have a ' heavy spring to take up expansion and contraction in the top rail. 3) A bottom tension wire shall be provided. The tension wire shall , be one continuous length between pull posts. Sufficient tension shall be applied to provide a wire without visible sag ' between posts. Tension wires shall be tied or othervvise fastened to ends gate comers, or pull posts by clamps with turn buckles. Ties or clips shall be provided for attaching the ' tension wire to the fabric at intervals not exceeding two (2) feet. Chain Link Fence & Gate 02400-4 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 ' D. Fabric 1) Fabric shall be fastened to line posts with stretcher bars and ' bands or wire clamps of No. 6-gage PVC coated steel wire 4'/ inches long. These bands shall be the top rail and bottom tension wire with tire wires. These tie-wires shall be 6'/< inches long, spaced approximately 24 inches apart. 2) Where it is not practicable to conform the fence to the general ' contour of the ground, at the wood pier deck curb, etc., the opening beneath the fence shall be enclosed with chain link fabric and sufficiently braced and secured to preclude access. E. Gates ' 1) Fabric shall be fastened to the end of the gate frames by stretcher bars and fabric bands, and to the top and bottom of the gate frames by tie wires in the same manner as specified for the chain link fence fabric. 2) The drop bar locking device for the gate shall be provided with ' a cored footing in the Portland cement concrete crowned to shed water and provided with a hold to receive the locking bar. Heavy-duty matching padlock with (2) matching keys shall be furnished by the contractor for both gates. The size of the footing and depth of penetration of the locking bar into the footing shall be as specified by the manufacturer of the locking ' device, but no less than 12 inches. ' PART 4 -METHOD OF MEASURMENT 4.01 This work will be measured for payment by the number of linear feet of completed and accepted green PVC-coated, chain link fence of the height specified 4 feet, measured from outside to outside of terminal posts. 4.02 Measurement for gates will be on a per each basis fora 4-foot high by 10 foot long chain link gates with latch, lock and anchor bar fitting into holes drilled into the concrete. Chain Link Fence & Gate 02400-5 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION , FISHERS ISLAND, NY NOVEMBER 2012 PART 5 -BASIS OF PAYMENT 5.01 This work will be paid for in accordance with the schedule of values per the ' General Conditions at the contract lump sum price per 4 foot high `chain link fence" of the height specified, complete in place for the post-mounted 10-foot wide hinged gate ' respectively, which prices shall include all materials, equipment, tools, excavation, backfill, disposal of surplus material and labor incidental thereto. END OF SECTION 02400 , 1 1 Chain Link Fence & Gate 02400-6 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 SECTION 02458 -STEEL PILES PART 1 -GENERAL 1.01 DESCRIPTION -This section applies to the installation of 40 foot long Steel H Pile bumpers and 60 foot long steel Pipe Piles to be driven at the locations shown in the construction drawings. ' 1.02 REFERENCE SPECIFICATIONS AND STANDARDS A. American Society for Testing and Materials (ASTM) 1. A36 -Structural Steel 2. A123 - Standard Specification for Zinc (Hot Dip Galvanized) Coatings on Iron and Steel Products 3. A 252 -Standard specifications for welded and seamless steel pipe piles. 4. A 572 - Standard specification for high strength low alloy Columbium -Vanadium Structural Steel. 5. A690 -High-Strength Low Alloy Steel H-Piles and Sheet Piling for use in Marine Environments 6. A780 -Standard Practice For the Repair of Damaged Hot Dip Galvanized Coatings B. Steel Structures Painting Council (SSPC) ' 1. SSPC-SP-10 -Near-White Blast Cleaning, 2. SSPC-Paint- 16- Coal Tar Epoxy Coating, in conjunction with US Army 3. Corps of Engineers Standard E 303d (Organic Zinc Rich Primer). ' C. American Welding Society (AWS) 1. D1.1 Structural Welding Code - Steel (applies to welder ' qualifications as well as processes and procedures). D. Pile Driving Record included in the contract drawings. STEEL PILES SECTION 02458-1 1.03 SUBMITTALS: , A. Submit for approval of the following: i. Shop Drawings of the stee{ piles, including tip and/or web ' reinforcement, shoe and connection details. ii. Description of pile driving and equipment. Include details of ' hammer, weight, and length of stroke of striking parts of hammer, description of leads, cushion material and helmet. , iii. Certificates of Conformance shall be submitted for Steel Piles. iv. Coating and primer specification sheets and procedures for , recoating damaged or cut pieces. v. Driving Records -Submit as specified in paragraph "Records" in , this section of the specification. vi. Certificates of welders and others with specialty training , required for the safe and structurally sound completion of the work. , vii. Coatings for the piles and appurtenances 1.04 STORAGE AND HANDLING: A. Storage and handling, including taking delivery, loading and unloading of ' piles shall be carried out by the Contractor in such a manner as to avoid damage or distortion of any kind to the piles and coating. Piles having protective coatings shall be handled by means of padded slings fitted with ' spreaders to avoid damage to the coatings. PART2-PRODUCTS ' 2.01 MATERIALS ' A. All steel components are to be new, previously unused, and undamaged, and shall be ASTM A36 Steel, unless otherwise noted. Steel exceeding ' A36 standard, for strength and corrosion resistance will be acceptable. B. Pipe piles for the counter weight tower shall be 60 feet long, one or 2 piece , 18-inch diameter extra strong 1/2-inch wall thickness minimum, and conforming to ASTM A501 or A53 or steel oil well casing, having an outside diameter of at least 18 in. and a wall thickness of 0.625 in. The steel shall ' STEEL PILES SECTION 02458-2 ' meet A252 Grade 2 or 3 specifications by way of independent test results of random samples, except that the minimum yield strength shall be 75,000 psi. Steel pipe pies will be fitted with a pointed driving tip to preserve pipe integrity when penetrating layers of rock. C. H Piles shall be single 40 foot long pieces as shown in the contract drawings. The steel shall meet A252 Grade 2 or 3 specifications by way of independent ' test results of random samples, except that the minimum yield strength shall be 75,000 psi. D. WELDING processes and procedures shall be in accordance with AWS D1.1. E. COATINGS: Pipe piles shall be prepared for coating by sandblasting the required surface to a near-white metal blast per SSPC-SP-10. The "required surface" shall be the top 30 feet of the piles. The sandblasted ' surfaces shall be coated with Tenemec 90-97 aromatic urethane, zinc rich or equal, and then finish with Tenemec 46-H413 Polymide Coat-Tar Epoxy or equal in two equal coats totaling 16 mils, dry thickness. Shop coating shall be ' applied by Dura-bond of Export PA or approved equal. F. Concrete or sand fill for pipe piles is not required but must be approved if ' proposed by the Contractor. PART 3 -EXECUTION -Descriptions of subsurface conditions are based on preliminary observations during the site survey. It is anticipated that some of the rock for scour protection will impede pile driving progress or cause pile locations to shift slightly. Rock removal must be anticipated and rocks thus affected will be placed beneath the ramp ' against the hinge bar support piles to enhance scour protection of the piles and bulkhead. Only boulder removal of 1 CY pieces (2.25 ton pieces) will be paid for. ' 1.01 -INSTALLATION OF DRIVEN PILES A. The Contractor shall provide equipment suitable to perform the required work and consistently deliver effective dynamic energy, suitable to the piles to be driven and sub-grade to be encountered, operating at not more than 75% efficiency of the rated driving energy. Piles are end-bearing for support but ' friction for pull-out and shall be installed to the design tip elevation -30 feet or bearing on bedrock with either drop or vibration hammers. Drop hammer capacity shall not generate more than 15,000 foot-pounds of energy ' per blow, to avoid damage to the pile. B. JETTING WILL NOT BE PERMITTED. 1 _ C. Pile driving leads or other approved methods shall be used to keep the hammer and pile in accurate alignment during driving. STEEL PILES SECTION 02458-3 D. Slope of the piles shall not deviate more than 1 inch in 10 feet. Pile butts ' shall be located at position shown on the drawings. E. A proper anvil and cushion or other suitable protection shall be provided to ' prevent damage to the end. F. Provide driving shoes on pipe pile tips to aid in penetration through stone ' fill. F. Damaged or mis-driven piles shall be pulled and replaced or repaired and , re-driven as directed, at the Contractor's expense. G. SPLICES: The 60 foot pipe piles may be driven in sections and welded ' with full penetration welds. Otherwise, field splices shall be avoided. In the event of unavoidable damage to a pile, a maximum of one splice per ' pile is allowed. Splices shall be designed and constructed to maintain the true alignment and position of the pile sections. Splices shall develop the full strength of the pile in both bearing and bending. Proprietary , pre-fabricated splice sleeves may be used with prior approval by the Engineer; shop drawings will be required in any case. H. Piles shall be driven to the indicated depth, refusal, ledge or cut at the ' indicated top of pile elevations and shall not allow for damaged tops to remain in place. Cut-off pile sections shall be removed from the property ' and disposed of by the contractor. I. Repair of Damaged Coating: All portions of the coating which may have t become abraded, roughened or otherwise damaged or removed in the course of the work, shall be restored to the required minimum thickness of 16 mils. ' J. RECORDS: Keep a complete and accurate record of each pile driven. Indicate the pile location, deviation from indicated location, cross section ' shape/dimensions and weight per foot, original length, tip elevation, cut-off elevation, penetration in blows per foot for the entire length of penetration, and in inches per blow for the last ten blows, hammer data including rate , of operation, make, and size, and all unusual pile behavior or circumstances experienced during driving such as re-driving, heaving, weaving, obstructions, and unanticipated interruptions. Make pile driving ' records available to the ENGINEER within 24 hours of completion of pile driving. Submit complete records of installed piles to ENGINEER within 15 days of completion of the pile driving. ' STEEL PILES SECTION 02458-4 1 PART 4 -MEASUREMENT ' 4.01 METHOD OF MEASUREMENT ' A. Steel piles will be measured for payment on a lump sum basis for counterweight tower or bumper piles furnished and installed in accordance with specifications. ' B. Pile connections will be measured for payment as part of the pile system installation ' PART 5 BASIS OF PAYMENT ' 5.01 Driven steel piles will be paid for at the contract lump sum price for piling furnished and then completed in place and accepted by the Engineer for the counter weight and bumper pile system (which includes the wood fender pile) ' under the approved Schedule of Values. This price shall include all furnishing, fabricating, coating (including touch ups), transporting, and erecting, along with all materials, equipment, tools and labor incidental thereto. ' 5.02 Pile splices will not be paid for. ' 5.03 Pile connections will be paid for as a part of the counterweight /bumper pile system pay item in the approved Schedule of Values . END OF SECTION 02458 1 1 STEEL PILES SECTION 02458-5 1 ' FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION FISHERS ISLAND, NY NOVEMBER 2012 ' SECTION 03300 -CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.01 SECTION INCLUDES: ' A. This section specifies cast-in-place concrete, including formwork, reinforcement, concrete materials, mix design, placement procedures, curing ' and finishes. Placement of embedded anchor bolts and devices is also included in this section. 1.02 REFERENCES: A. ACI Publications: t 1. ACI 301, "Specification for Structural Concrete." 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." t 1.03 SUBMITTALS: A. General :Provide the following submittals in accordance with section 01300- , Submittals: ' 1. Product Date: For each type of manufactured material and product indicated. ' 2. Design Mixes: For each type or use one type for all. 3. Steel reinforcement Shop Drawings: Details of fabrication, bending, and ' placement, prepared according to ACI 315, "Details and Detailing of Concrete Reinforcement". Include material, grade, bar schedules, stirrup spacing, bent bar diagrams, arrangement, and supports of concrete ' reinforcement. Include special reinforcement required for openings through concrete structures. 4. Material Certificates: Signed by manufacturers certifying that each of the following items complies with requirements. CAST-IN-PLACE CONCRETE 03300-1 a. Cementations material and aggregates. , b. Form materials and form-release agents. , c. Steel reinforcement and reinforcement accessories. d. Admixtures. , e. Curing materials. ' f. Bonding agents. g. Joint-filler strips. ' 1.04 QUALITY ASSURANCE: ' A. Installer Qualifications: An experienced installer who has completed concrete ' work similar in material, design, and extent to that indicated for this project and whose work has resulted in construction with a successful in-service performance. ' B. Manufacturer Qualifications: Afirm experienced in manufacturing ready- mixed concrete products complying with ASTM C 94 requirements for ' production facilities and equipment. 1. Manufacturer must be certified according to the National ready Mixed ' Concrete Associations Certification of ready mixed concrete production facilities. C. Testing Agency Qualifications: An independent testing agency, acceptable to , authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated, as documented according to ASTM E ' 548. D. Source Limitations: Obtain each type or class or cementitious material of the , same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. E. Welding: Qualify procedures and personnel according to AWS D1.4, , "Structural Welding Code- Reinforcing Steel." ' 1 CAST-IN-PLACE CONCRETE 03300-2 ' 1.05 DELIVERY, STORAGE, AND HANDLING: ' A. Deliver, store, and handle steel reinforcement and anchor bolts to prevent ' bending and damage. PART 2: PRODUCTS ' 2.01 FORM-FACING MATERIALS: ' A. Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. Plywood, metal, or other approved panel materials. B. Chamfer Strips: Wood, metal PVC, or rubber strips, 1" by 1" minimum. C. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 STEEL REINFORCMENT: A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed and epoxy - coated per ASTM A 775/A 775M ' B. Epoxy Coated Steel Welded Wire Fabric: ASTM A 185, fabricated from as- drawn steel wire into flat sheets. 2.03 REINFORCMENT ACCESSORIES: ' A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. ' Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete orfiber-reinforced concrete of greater compressive strength than concrete. 2.04 CONCRETE MATERIALS ' A. Portland Cement: ASTM C 150, Type I/II. CAST-IN-PLACE CONCRETE 03300-3 B. Nominal Weight Aggregate: ASTM C 33, uniformly graded, and as follows: , 1. Nominal maximum aggregate size: 3/< inch for all concrete except floor ' topping. 2. Nominal maximum aggregate size:'/2 inch forfloor topping mix. ' C. Water: Potable and complying with ASTM C 94. 2.05 ADMIXTURES: A. General: Admixtures certified by manufacturer to contain not more than 0.1 ' percent water-soluble chloride ions by mass of cementitios material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air-Entrainind Admixture: ASTM C 290. ' C. water-Reducing Admixture: ASTM C 494, Type A. 2.06 CURING MATERIALS: I A. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq.yd.dry. ' B. Moisture-retaining cover: ASTM C 171, polyethylene film or white burlap ' polyethylene sheet. 2.07 RELATED MATERIALS: A. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber between ' apron and sheets or caps. B. Bonding Agent: Sonoprep bonding agent by Sonnebom. 2.08 CONCRETE MIXES: ' A. Concrete to be pavement class (4500 psi) B. Prepare design mixes for each type and strength of concrete determined by either laboratory trail mix or field test data bases as follows: 1. Proportion normal-weight concrete according to ACI 211.1 and ACI ' 301. 1 CAST-IN-PLACE CONCRETE 03300-4 1 ' C. Use qualified independent testing agency for preparing and reporting t proposed mix designs for the laboratory trail mix basis. 1. Maximum Slump: 4 inches 1 inch D. Air Content: Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of 4 to 6 percent, ' unless otherwise indicated. 2.09 FABRICATING REINFORCEMENT: ' A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice'. ' 2.10 CONCRETE MIXING: ' A. Ready-Mixed Concrete: Measure, batch, mix and deliver concrete according to ASTM C 94, and furnish batch ticket information. ' PART 3: EXECUTION 3.01 BULK FILL CONCRETE ' A. Pour concrete into the sheet pile/stonewall interface corners with shaped plywood or steel forming as necessary to contain the wncrete in the desired area ' to seal the interface against soil loss and to provide corner stability. 3.02 FORM WORK ' A. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. B. Construct forms tight enough to prevent loss of concrete mortar, attached to bulkhead wale and cap, as necessary. C. Fabricate forms for easy removal without hammering or prying against concrete surtaces. Provide crush or wrecking plates where stripping may ' damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts for forming keyways, reglets, recesses, and the like, for easy removal. ' 1. Do not use rust-stained steel form-facing material. 1 1 CAST-IN-PLACE CONCRETE 03300-5 I D. Set edge forms, bulkheads, and intermediate screed strips for slabs to , achieve required elevations and slopes in finished concrete surfaces. ' Provide and secure units to support screed strips; use strike-off templates or compacting type screeds. E. Provide temporary openings for cleanouts and inspection ports where interior , area of formwork is an accessible. Close with panes tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary ' openings in forms at inconspicuous locations. F. Chamfer all corners and edges of permanently exposed concrete as indicated on drawings. G. Form openings, chases, offesets, sinkages, keyways, reglets, blocking, ' screeds, and bulkheads required in the work. Determine sizes and locations from trades providing such items. ' H. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. ' I. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. ' J. Coat contact surfaces of forms with form-release agent, according to manufactures written instructions, before placing reinforcement. ' 3.02 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with , items to be embedded. 1. Install anchor bolts, accurately located, to elevations required. ' 2. make allowances for neoprene pad to be installed between the hinged ramp pivot bar mounting plate and the concrete apron ramp support fip. ' 3.03 REMOVING AND REUSING FORMS:\ A. General: Formwork, for side of beams, walls, and similar parts of the work, ' that does not support weight of concrete may be removed after. CAST-IN-PLACE CONCRETE 03300-6 1 B. Leave framework, for beam, slabs, and other structural elements, that support weight of concrete in place until concrete has achieved the following: ' 1. At least 70 percent of 28-day design compressive strength. ' 2. Determine compressive strength of in-place concrete by testing representative field- or laboratory-cured test specimens according to ACI ' 301. 3. Remove forms only if shores have been arranged to permit removal of forms without loosening or disturbing shores. C. Clean and repair surfaces of forms to be reused in the work. Split, frayed, delaminated, or otherwise damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent. D. When forms are reused, clean surtaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms ' for exposed concrete surfaces unless approved by Engineer. 3.04 STEEL REINFORCMENT: A. General: Comply with CRSI's "Manual of Standard Practice' for placing reinforcement. ' B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum ' concrete cover. Do not tack weld crossing reinforcing bars. D. Set wire ties with ends directed into concrete, not towards exposed concrete surfaces. E. Install welded wire fabric in longest practicable lengths on bar supports to ' minimize sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset taps of adjoin sheet widths to prevent continuous laps in either direction. Lace overlaps with wire. F. Epoxy-Coated Reinforcement: Use epoxy-coated steel wire ties to fasten ' epoxy-coated reinforcement. Repair cut and damaged epoxy coatings with epoxy repair coating according to ASTM D 3963 / D 3963M. CAST-IN-PLACE CONCRETE 03300-7 3.05 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not ' impaired, at locations indicated or as approved by Engineer. 1. Place joints perpendicular to main reinforcement. Continue ' reinforcement across construction joints. 2. Form from preformed galvanized steel, plastic keyway-section forms, or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1 '/Z inches into concrete. 3. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 3.06 CONCRETE PLACMENT: A. Before placing concrete, verify that installation of formwork, reinforcement, ' and embedded items is complete and that requires inspections have been performed. , B. Do not add water to concrete during delivery, at project site, or during placement. , C. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams , or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation. D. Deposit concrete in forms in horizontal layers no deeper than 24 inches except on apron and in a manner to avoid inclined construction joints. Place ' each layer while preceding layer is still plastic, to avoid cold joints. 1. Consolidate placed concrete with mechanical vibrating equipment. , Use equipment and procedures for consolidating concrete recommended by ACI 309R. ' CAST-IN-PLACE CONCRETE 03300-8 2. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do ' not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of ' reinforcement and other embedded items without causing mix constituents to segregate. i 3.07 FINISHING FORMED SURFACES AND SLABS: ' A. General: Comply with recommendations in ACI 302.1 R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of ' seams. Repair and patch tie holes and defective areas. Remove fins and other projections exceeding 1/8 inch in height. C. All exposed structural concrete exposed to vehicle or pedestrian traffic shall have a rough broom finish or traction. ' D. Finish: Apply a broom finish to top of concrete approach slab and sidewalk and sidewalk 1. Immediately after float finishing, roughen trafficked surface by brooming with fiber-bristle broom. 1 3.08 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive hot temperatures. Comply with recommendations in ACI 305R for hot-weather protection during curing. B. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. It forms remain during ' curing period, moist sure after loosening forms. If removing forms before end of curing period, continue curing by one of the following methods: CAST-IN-PLACE CONCRETE 03300-9 i 1. Moisture Curing: Keep surfaces continuously moist for not less than ten days with the following materials: ' a. Water or b. Absorptive cover, water saturated, and kept continuously wet. ' Cover concrete surfaces and edges with 12-inch lap over adjacent absorptive covers. ' 2. Moisture Retaining Cover Curing: Cover concrete surfaces with moisture retaining wver for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tear during curing period using cover ' material and waterproof tape. 3.09 CONCRETE SURFACE REPAIRS: , A. Defective Concrete: Repair and patch defective areas when approved by , Architect. Remove and replace concrete that cannot be repaired and patched to Engineers approval. B. patching Mortar: Mix dry-pack patching mortar, consisting of one part portland ' cement to two and one-half parts fine aggregate passing a No. 16 sieve, using only enough water for handling and placing. ' C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and ' other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. , D. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than YZ inch in any dimension in solid concrete but not less than 1 inch in ' depth. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush-coat holes and voids with bonding agent. Fill and compact with patching mortar or cone plugs secured in place with bonding agent. , E. Repair defects on surfaces exposed to view by blending white portland cement and standard portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area in inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in ' place and strike off slightly higher surrounding surface. 1 CAST-IN-PLACE CONCRETE 03300-10 ' 3.10 FILED QUALITY ASSURANCE: A. Special Inspection: Owner will engage a qualified agent to provide "Special Inspections" as required by section 17 of the building code and as stipulated in ' the statement of special inspections prepared for the project. Special inspections shall include: testing and inspecting of sample materials, performing tests, and submitting test reports. ' PART 4 MEASURMENT AND PAYMENT ' 4.01 METHOD OF PAYMENT: A. Concrete and reinforcement, as appropriate, work will be measured for 1 inclusion for various parts of the project as concrete installed and accepted. 4.02 BASIS OF PAYMENT A. Concrete Work, INCLUDING REINFORCMENT WHERE REQUIRED, will be ' paid for as a part of the contract price complete in place and accepted by the Engineer. This price shall include all furnishings, fabricating, transportation, ' and erecting, along with aN materials, equipment, tools, and labor incidental thereto will include concrete apron at ferry ramp fencing bases and concrete deadman, will also include all concrete substructures for the bulkhead. ' END OF SECTION 03300 CAST-IN-PLACE CONCRETE 03300-11 1 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND NOVEMBER 2012 SECTION 05500 -METAL FABRICATIONS ' PART 1 -GENERAL 1.01 DESCRIPTION ' A. Work included: This section covers all miscellaneous metal and metal fabrications, complete, in place, as shown on the drawings, specified herein, or needed for a complete and proper installation and not specifically called for under other Sections of these Specifications. Work will include but not be limited to the sheet pile caps, wales, tie backs, railings, rough hardware, ladder, hinged ramp and appurtenances, miscellaneous framing and supports miscellaneous steel trim. All shop manufactured or ferrous items are to be ' hot dip galvanized or coal tar epoxy coated. B. The primary element in the scope of work under this section is the construction of the new main hinged ramp for the Fishers Island Terminal ferry landing facilities and support components for the ramp. In the base bid, this project calls for the removal of the existing main ramp, then to build the new longer stronger, heavy duty hinged ramp using all new components and various alternate bid items. ' B. Related work described elsewhere: The following Sections contain requirements that relate to this Section: Section 02362 Timber Work Section 02364 Steel Sheet Piling Section 02458 Steel Piles ' 1.02 REFERENCE SPECIFICATIONS AND STANDARDS, QUALITY ASSURANCE Standards: Work and materials shall comply with standards specified herein as listed ' below and otherwise appropriate including NAAMM (National Association of Architectural Metal Manufacturers) for metal fabrications ' A. ANSI B. AMERICAN SOCIETY FOR TESTING AND MATERIALS ' ASTM A36, Steel plates, channels, angles, rods and bars. ASTM 572 Grade 50, HP and Rolled WF sections. ASTM A526, with ASTM A525, G90, Zinc Coating. METAL FABRICATIONS SECTION 05500-1 1 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION , FISHERS ISLAND NOVEMBER 2012 ASTM A53, Steel pipe. ' AISI Grade 316, Stainless Steel ASTM A 123 Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel , Products. C. AWS/D 1.1, 1.3, Structural welding code for steel and sheet steel 1.03 SUBMITTALS - Within 15 calendar days after award of Contract, submit ' samples, catalog spec sheets and/or shop drawings of or for each item in this section according to the Conditions of the Contract and other associated specification sections. A. Product data: .01 Provide a complete materials list of all items proposed to be , fumished and installed under this Section. .02 Manufacturers' specifications and other data required to , demonstrate compliance with specified requirements. .03 Shop drawings detailing fabrication and erection of each metal product or component indicated. Priority will be for the bulkhead components first, then the ramp. Include: 1 a. Plans, elevations, sections, and details of metal fabrications and their connections. ' b. Show anchorage and accessory items. ' c. Provide templates for anchors and bolts specified for installation under other Sections as appropriate. , .04 Provide samples representative of materials and finished products as may be requested by Engineer if substitutions from the product ' specified are requested by the contractor. .05 Mill Certificates: Signed by manufactures of steel gratings certifying ' that products fumished comply with requirements. B. Qualifications , .01 Qualifications of personnel: Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts in accordance with NAAMM standards and who METAL FABRICATIONS SECTION 05500-2 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND NOVEMBER 2012 ' are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. ' Welder certificates, signed by Contractor certifying that welders comply with requirements specified, and field welding safety and QC procedures. ' .02 Qualification data for manufacturing firms or persons, specified in the quality assurance articles, to demonstrate their capabilities and ' experience. Include a list of completed projects with project name, addresses, names of architects and owners, and other information specified. .03 Metal Bar Gratings subject to compliance with requirements, provide products by one of the following: a. Alabama Metal Industries Corp. b. American Grid ' c. Barnett/Bates Corp. d. Harris Steel Ltd.; Fisher & Ludlow Division e. IKG Industries ' f. LB Foster Company g. Ohio Gratings, Inc. h. Seidelhuber Metal products, Inc. i. Tru-Weld Grating, Inc. 1.04 QUALITY ASSURANCE ' A. Fabricator Qualifications: Firm experienced in producing metal fabrications to standards set forth by NAAMM similar to those indicated for this project ' with a record of successful in-service performance, and with sufficient production capacity to produce required units without delaying the Work. ' A firm experienced in producing gratings similar to those indicated for this project and with a record of successful in-service performance, as well as ' sufficient production capacity to produce required units. B. Metal Bar Grating Standards: Comply with applicable requirements of the ' following: 1. Heavy Duty Metal Bar Grating :Comply with NAAMM MBG 532, "Heavy Duty Bar Grating Manual." B. Welding Standards: Comply with .applicable provisions of AWS -01.1 "Structural Welding Code -Steel, and AWS D1.3 "Structural Welding Code -Sheet Steel." METAL FABRICATIONS SECTION 05500-3 FISHERS ISLAND FERRY DISTRICT , RAMP RESTORATION , FISHERS ISLAND NOVEMBER 2012 C. Certify that each welder has satisfactorily passed AWS qualification tests for welding processes involved and, if pertinent, has undergone re- , certification. 1.05 PROJECT CONDITIONS , A. Field Measurements: Check actual locations of existing conditions and new piles or other construction to which metal fabrications must fit by ' accurate field measurements before fabrication of steel framings. Show recorded measurements on final shop drawings. Coordinate fabrication schedule with construction progress to avoid delaying the Work. ' B. Protection: Use all means necessary to protect the materials of this Section before, during, and after installation and to protect the work and , materials of all other trades. C. Replacements: In the event of damage to new or existing work to remain, ' immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. PART2-PRODUCTS 2.01 FERROUS METALS , A. Metal Surfaces, General: Metal fabrications are exposed to view but also , more importantly, severe corrosion due to marine environment in the completed Work Provide materials selected for their surface flatness, , smoothness, and freedom from surface blemishes. Do not use materials with exposed pitting, seam marks, roller marks, rolled trade names, or roughness. Furnish and fabricate using sizing and dimension materials , indicated on the drawings. B. Steel Plates, Channels, Angles Bars ASTM A 36 ' C. Steel WF and HP sections ASTM A572 Grade 50 D. Steel Pipe ASTM A53, Extra Strong unless otherwise indicated (such as rail posts/ sleeves). ' E. Gray-Iron Castings ASTM A 48, Class 30 F. Malleable-Iron Castings ASTM A 47, Grade 32510 G. Cast-in-Place Anchors in Concrete: Anchors of type indicated below, ' fabricated from corrosion-resistant materials capable of sustaining, without _ failure, the load imposed within a safety factor of 2. H. Welding Rods and Bare Electrodes: Select according to AWS specifications for the metal alloy to be welded. , METAL FABRICATIONS SECTION 05500-4 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND NOVEMBER 2012 2.02 COATINGS: All shop fabricated steel components in this project shall be hot-dip galvanized or epoxy coasted as follows: A. Galvanizing: All new components of the ramp, including ramp beams, hoist beam assembly, bracing, lift beam, nuts/bolts/washers, counterweight wire, rails, checkered plate, hinge bar, curb angle facing, etc. shall be galvanized. All galvanizing shall be American hot dip galvanizing for marine applications, 2 oz. per square foot in accordance with ASTM 153 specifications referenced. Where galvanized framing coating is disrupted by field welding or other marring, clean and apply zinc rich cold-galvanizing paint, 2 coats. B. Coal Tar Epoxy coating: All of the in-water structural components, the counterweight tower, bumper pile, braces, safety bar, sheave frame shall be coated ' with coal tar epoxy. Pipe piles shall be prepared for coating by sandblasting the required surface to a near-white metal blast per SSPC-SP-10. The "required surface" shall be the top half of the pile. The sandblasted surfaces shall be coated ' with Tenemec 90-97 aromatic urethane, zinc rich or equal, and then finish with Tenemec 46-H413 Polymide Coat-Tar Epoxy or equal in two equal coats totaling 16 mils, dry thickness. Shop coating for the pipe piles, H-piles, safety bar and ' counterweight tower braces shall be applied by Dura-bond of Export PA or approved equal. Welded framing pieces will be touched up after field welding. Fusion bonding may be considered as an adequate substitute for epoxy coating. C. The 5" x 5" x ''/2' tee chainlock on the ramp will be black steel welded to the outside flange of the outside ramp beams just beyond the wood curb, epoxy ' painted in the field only after the welded installation. ' D. Mated surfaces to be welded together will beforehand be scraped or ground clean of all coatings prior to welding. 2.03 FASTENERS A. General: Provide hot dip galvanized fasteners for exterior use for type, ' grade, class required. B. Bolts and Nuts -Regular hexagon-head bolts, except for anchor bolts, ' and timber bolts ASTM A 307, Grade A (ASTM F 568, Property Class 4.6), with hex nuts, ASTM A 563 (ASTM A 563M), and, where indicated, flat washers. C. Lag Bolts: ANSI 818.2.1 (ANSI 618.2.3.8M) with flat washers D. Plain Washers: Round, carbon steel, ANSI 818.22.1 (ANSI 618.22M) with all bolts. METAL FABRICATIONS SECTION 05500-5 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION , FISHERS ISLAND NOVEMBER 2012 E. Lock Washers: Helical, spring type, carbon steel, ANSI 618.21.1. for all metal to metal bolted connections. F. Epoxy Adhesive for Concrete Anchorage: Hilti HY-150 Max Adhesive Anchoring System using HAS Stainless Steel rod, nut and washers. , G. Provide Type 304 or 316 stainless-steel fasteners for exterior use. Select fasteners for type, grade, and class required for metal bar gratings to ' structural steel. 2.04 SPECIAL EQUIPMENT ASSOCIATED WITH METAL FABRICATIONS , GENERAL - It is anticipated that the existing ramp counterweight tower sheaves, pillow blocks, shafts, hardware, wire rope will be scrapped in the base bid scope of work. The , counterweights, hoists and stainless steel lift beam wire rope will be removed from the existing ramp, prior to the ramp's removal from the site. These components will be either disposed of by the Contractor or stored with the Fishers Island Ferry District for ' re-use later. Once the new counterweight towers are built, the new sheaves and pillow blocks will be installed and rigged with new stainless steel hoist cable and new galvanized steel counterweight cable. All specialty equipment or designed attachments , shall be top quality, extra heavy duty components designed for loads indicated on the drawings or specified herein and suitably protected by coatings for the highly corrosive ' marine environment. The following specifications will apply to the new equipment which will comprise the base bid. A. Vehicle ramp deck capable of withstanding a uniform load of HS20 or a ' concentrated load of a 100,000 pound crane on 4 rubber tires, shall be heavy duty, galvanized steel bridge deck grating with 4 x 4 inch bearing bars spanning over the ramp beams with bearing bar spacing of , approximately 1 inch. 0.1 Provide for anchorage of type indicated; coordinate with ' supporting structure. Fabricate and space anchoring devices to secure gratings, frames, and supports rigidly in place and to support indicated loads. ' 0.2 Fabricate removable grating sections with banding bars ' attached by welding to entire perimeter of each section. Include anchors and fasteners of type indicated or, if not indicated, as recommended by manufacturer for attaching ' purposes. METAL FABRICATIONS SECTION 05500-6 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND NOVEMBER 2012 a. Fumish threaded bolts with nuts and washers for securing ' grating to support beams. b. Furnish galvanized malleable-iron flange clamp with ' galvanized bolt for securing grating to support beams. Fumish as a system designed to be installed from above grating by one person. 0.3 Traffic surface for steel bar grating shall be serrated. ' B. Sheaves -McKissick, Triple Marine Coating, yellow Urethane outer coating, Bronze Brushed with grease fittings and "Figure 8" Oil Groove, diameters indicated, with a 4" shaft diameter and 4" hub width and 24-inch ' diameter for the counterweight sheaves and 8-inch diameter and minimum 2 hub width on the lifting beam. Shop drawings required to show fit. ' C. Pillow Blocks -Cast or machined heavy duty by Torrington Bearings, designed to set on the channel frame without exceeding flange width, ' D. Shafts -Stainless Steel by the sheave manufacturer. E. Wire Rope - 3/<" galvanized and '/z' stainless steel suitable to the weights and sheave diameter specified, or match existing, with high abrasion resistance and flexibility. F. Wire Rope and Chain Hardware ' .01 -Crosby G416 Grooved open Spelter Sockets for'/" galvanized wire rope. ' .02 -Crosby S209 Screw Pin Shackles .03 -Crosby SS414 HD Thimbles. 04 -Crosby Red-U-Bolt G450 clips including stainless steel for use with stainless wire rope exceeding Federal Specification FF-C-450. G. Chain - .01-Welded link,''/2" diameter galvanized high tensile strength Spectrum 7 by Crosby, chain sized for 20 kip hoist loads indicated, or for ramp restraint exceeding capabilities of chains used for ramp /ferry interlock. METAL FABRICATIONS SECTION 05500-7 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION , FISHERS ISLAND NOVEMBER 2012 .02 -Chain for chain fences including the ramp entrance and on the ramp ' rail, shall be welded link galvanized Spectrum 3 by Crosby with galvanized Seafarer eyebolts and snap hooks and galvanized Wilcox ' Crittenden laplinks or Crosby G334 "Missing Link". .03 -Welded Grade 80 anchor chain with Grade 80 connecting links and shackles for the ramp anchors attaching to embedded stainless steel ramp, beam plates. , H. Hooks -Crosby forged steel, quenched and tempered eye grab or slip hooks as appropriate with locks on all hoist equipment and restraints. , I. Counterweight ballast, if replenishment is required shall be heavy weight lead filled welded ciralar stainless steel containers to match the existing, ' with minimum corrosive tendencies and enable adjustment by the Owner at a later date. The counterweights will be supplemented with 1-inch thick steel galvanized plates, slotted to allow easy installation over the cable. , The system will be balanced to provide 1,500 pounds of ramp contact force on the stern step of the ferries. J. Chain Sling -Crosby type SSS with sling hook at each end rated for 30 , kip hoist load -provide one. K. Electric and Mechanical chain hoists shall be severe duty 2 ton capacity , corrosion free/maintenance free, precision equipment by CM or approved equal, with heat-treated gear train and non-aging grease lubricant , manufactured for exterior use in a corrosive marine environment. Both hoists shall be furnished with removable weatherproof covers. .01 The hoists shall exceed ASME/ANSI b30.16 industry requirements ' .02 There shall be protective devices to prevent overload ' .03 Chain shall be galvanized and adequate in length from the full range of , ramp usage and shall leave a remote, weather proof operator with color coded control buttons (up-green, down-yellow, stop-red) .04 The housing must meet or exceed NEMA 1 requirements. The push ' button controls must meet or exceed NEMA 3R requirements. 1 METAL FABRICATIONS SECTION 05500-8 1 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND NOVEMBER 2012 L. Galvanized safety pipe rails on the ramp shall be 3-inches outside diameter, Schedule 80 galvanized steel with two mid rails, one at 32 ' inches above the ramp deck which will support a 1 inch galvanized steel handrail and one half-way between the upper mid rail and the top of the wood curb mounting angle. Posts shall be 3 inch diameter. ' M. The bumper impact protection piece on the landside of the hinged vehicle ramp shall be a one-piece 12 inch by 16 inch by 4 inch circular bore ' bumper bolted to the apron by long wood. N. The ship side bumper shall be a single 6 inch by 3 inch by long wood bolted to the ramp nosing angle. O. Bollards shall be 3/8 inch wall thickness. A 36 steel minimum concrete fill ' shall be as specified in Section 03300, with diameters to accommodate the decorative bollard covers on the site which will be reused. ' PART 3 -FABRICATION AND INSTALLATION 1.01 FABRICATION GENERAL ' 3.01.01 -New Ramp ' A. Fabricate metal frame to be welded, except for the galvanized left beam which is to be bolted to the underside of the ramp beams, clear of the safety bar. Fabricate components from materials of size, thickness, and shapes indicated but not less than that needed to comply with performance requirements indicated. Work to dimensions indicated or accepted on shop drawings, using proven details of fabrication and ' support. Use type of materials indicated or specified for various components of each metal fabrication. B. Fabricate exposed work true to line and level with accurate angles and surfaces and straight, sharp edges. ' C. Shear and punch metals cleanly and accurately, remove burrs. D. Ease exposed edges to a radius of approximately 1/32 inch (1 mm), unless otherwise indicated. E. Form bent-metal corners to smallest radius possible without causing grain ' separation or otherwise impairing work or materials. Use hot-formed materials wherever possible. ' F. Remove sharp or rough areas on all exposed surfaces. METAL FABRICATIONS SECTION 05500-9 1 FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION , FISHERS ISLAND NOVEMBER 2012 G. Weld all corners and seams continuously to eliminate corrosion access ' points and comply with the following: , .01 Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. ' .02 Obtain fusion without undercut or overlap. .03 Remove welding flux immediately and grind smooth any rough , areas. ' .04 At exposed connections, finish exposed welds and surfaces smooth and blended so that no roughness shows after finishing, and contour of welded surface matches those adjacent. , I. Form exposed connections. Use exposed fasteners of type indicated. Locate joints where least subject to damage. Grind plates smooth at , connections to prevent tripping or catching hazards. J. Provide for anchorage of type indicated; coordinate with supporting , structure. Fabricate and space anchoring devices to secure metal fabrications rigidly in place and to support indicated loads. K. Provide 1-inch thick circular steel plate weights to match the counterweight diameter providing incremental balance of the ramp so that a ramp load on the ferry deck is approximately 1,500 pounds; estimate two weights per , counterweight. L. Shop Assembly: Pre-assemble items in shop to minimize field splicing, ' welding and assembly. Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain structural capacity of joined pieces. Clearly mark units for re-assembly and ' coordinated installation. P. Cut, reinforce, drill and tap metal fabrications as indicated to receive finish , hardware, screws and similar items. O. Fabricate joints that will be exposed to weather in a manner to exclude ' water, and provide weep holes where water may accumulate. R. Welding: Perform all shop and field welding required in connection with , the work of this Section, adhering strictly to the current pertinent recommendations of the American Welding Society. METAL FABRICATIONS SECTION 05500-10 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND NOVEMBER 2012 ' 3.02 ROUGH HARDWARE - ' A. Furnish bent or otherwise custom-fabricated, bolts, plates, anchors, hangers, dowels, and other miscellaneous steel and iron shapes as required for framing and support and for anchoring or securing work to ' concrete or other structures. B. Fabricate items to sizes, shapes, and dimensions required. Furnish ' malleable-iron washers for heads and nuts that bear on structural connections, and furnish steel washers elsewhere. C. Coatings: Coat or galvanize hardware to match the metal fabrication components or use stainless steel. ' 3.02 STEEL LADDERS A. General -Fabricate ladders for the locations shown, with dimensions, ' spacings, details and anchorages as indicated complete with safety cages on the counterweight towers and access platforms. Comply with requirements of ANSI A14.3. ' B. Siderails -Continuous, steel, YZ by 3-inch flat bars, with eased edges, spaced 18 inches apart. C. Bar Rungs: 1-inch square steel bars, spaced 12 inches o.c., set with flat ' up. D. Fit rungs: in centerline of side rails, plug weld and grind smooth on outside rail faces. E. Provide non-slip surfaces on top of each rung by coating with abrasive ' material metallically bonded to the rung by a proprietary or other approved process. ' F. Galvanize ladders, including fasteners, in the bulkhead at locations shown. G. Support ladder at top and at water with welded or bolted steel brackets. .01 Size brackets to support design dead and live loads of 500 pounds unless otherwise indicated and to hold centerline of ladder rungs clear of the timber surface by not less than 7 inches. METAL FABRICATIONS SECTION 05500-11 I FISHERS ISLAND FERRY DISTRICT RAMP RESTORATION , FISHERS ISLAND NOVEMBER 2012 .02 Extend side rails 42 inches above top rung to assure secure handholds are provided. Brace over the top side rails with lag bolts into wood toe rail , 3.04 MISCELLANEOUS FRAMING AND SUPPORTS A. General: Provide steel framing and supports for applications indicated that ' are not a part of structural steel framework but otherwise required to complete the Work. , B. Fabricate units to sizes, shapes and profiles indicated and required to receive other adjacent construction retained by framing and supports. , Fabricate from structural steel shapes, plates, and steel bars of welded construction using mitered joints for field connection as needed. All welds, ' shop or field, are to be seal type to prevent salt water intrusion. Mated surfaces are to be scoped or ground clear of coatings prior to welding. Cut, drill and tap units to receive hardware, restraints, hangers and similar items. C. Braces and Angles: Steel angles of size required for rigid support and for secure anchorage. Minimum thickness of members is to be 1/2 inch, ' except for the welded wood fender pile straps which may be inch by 2 inch bar stock suitability formed to match the pile diameter. ' D. Pipe Component Configuration: Provide pipes of sizes and shapes indicated. Fabricate connections to comply with details shown or required , to suit type of structure indicated with continuous welding of all. E. Miscellaneous Steel Trim ' .01 Unless otherwise indicated, fabricate units from structural steel shapes, plates, and bars as shown with corrtinuously welded joints, , and smooth exposed edges to prevent catching on tripping hazards. Miter corners and use concealed field splices wherever possible. , .02 Provide cutouts, fittings, and anchorages as required to coordinate assembly and installation with other work ' F. Checkered Plate Decking - HS20 loading plus impact required, inch thick. .01 Fabricate raised-pattern checkered plates from rolled steel place of ' thickness and in pattern indicated, with pattern side up for traction cut pieces as long as possible to minimize joints. METAL FABRICATIONS SECTION 05500-12 1 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND NOVEMBER 2012 02 Provide slots for lifting plates at each end of each removable section. ' .03 Drill for bolted connections to framing deck with holes as detailed in the construction drawings, spaced between ends, unless othervvise ' indicated, staggered where adjacent plates join to avoid weakening the ramp framing. ' .04 Provide single rows of holes along ends of sheets for attachment to the beams and/or "tees' at the ferry dock at the deck end of the ramp. .05 Paint checkered plate edges to be highlighted. Paint yellow coal tar epoxy coating with abrasive grit for traction. ' .06 Abrasive-surface fabricated steel plate with manufacturer's standard abrasive granules, rolled into surface. Provide material with ' coefficient of friction (COF) of .06 or higher when tested according to ASTM C 1028. ' 3.05 FINISHES, GENERAL ' A. Steel and Iron Finishes .01 Galvanizing: For those items indicated for galvanizing, apply zinc ' coating by the hot-dip process complying with the following requirements: ' ASTM A 153 for galvanizing iron and steel hardware. ' ASTM A 123 for galvanizing both fabricated and un-fabricated iron and steel products made of uncoated rolled, pressed, and forged shapes, plates, bars, and strip 0.030 inch thick or thicker, for use in ' a marine environment, 2 ounces per square foot. ASTM A 386 for galvanizing assembled steel products. ' .02 Painting Preparation for shop priming: Prepare uncoated ferrous metal surfaces to comply with minimum ' requirements indicated for SSPC near white metal finish SP-10 surface preparation specifications and environmental exposure conditions of installed metal fabrications. 1 METAL FABRICATIONS SECTION 05500-13 ¦ - - FISHERS ISLAND FERRY DISTRICT , RAMP RESTORATION , FISHERS ISLAND NOVEMBER 2012 a. Pipe piles, braces and HP12x ferry bumper piles shall be ' prepared for coating by sandblasting the required surface to a near white metal blast per SSPC-SP-10. The "required surface" , shall be that portion of the pile which will protrude above elevation- 10 FT MLW/ the upper 30 feet of the piles. The sandblasted surfaces shall be coated with Tenemec 90-97 , aromatic urethane, zinc rich or equal, and then finish with Tenemec 46-H413 Polymide Coal Tar Epoxy or equal in two equal coats totaling 16 mils, dry thickness. Shop coating shall ' be applied by Dura-Bond of Export, PA or approved equal. b. Stipe Paint comers, crevices, bolts welds, and sharp edges. , 3.06 EXECUTION A. PREPARATION .01 Coordinate and furnish anchorages, setting drawings, diagrams, ' templates, instructions, and direction for installing anchorages, including concrete inserts, sleeves, anchor bolts, and miscellaneous items having integral anchors that are to be , embedded in concrete or masonry construction. Coordinate delivery of such items to Project site. B. INSTALLATION, GENERAL ' .01 Fastening to In-Place Construction: Provide anchorage devices , and fasteners where necessary for securing miscellaneous metal fabrications to in-place construction. .02 Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting ' required for installing miscellaneous metal fabrications. Set metal , fabrication accurately in location, alignment, and elevation; with edges and surfaces level, plumb, true, and free of rack; and measured from established lines and levels. , .03 Provide and attach bracing as needed and where indicated. .04 Fit exposed connections accurately together to form hairline joints. ' Weld connections that are not to be left as exposed joints but cannot be shop-welded because of shipping size limitations. Do ' not weld, cut, or abrade the surfaces of exterior units that have been hot-dip galvanized after fabrication and are intended for bolted or screwed field connections. ' METAL FABRICATIONS SECTION 05500-14 ' FISHERS ISLAND FERRY DISTRICT ' RAMP RESTORATION FISHERS ISLAND NOVEMBER 2012 .05 Field Welding: All welds are to be seal welds and comply with the following requirements: ' a. Grind /wire wheel clean area to be welded. ' b. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. ' c. Obtain fusion without undercut or overlap. d. Remove welding flux immediately. ' e. At exposed connections, finish exposed welds and surfaces smooth and blended so that no roughness shows after ' finishing, and contour of welded surface matches those adjacent. ' .06 Adjusting and Cleaning a. For galvanized surfaces, clean welds, bolted connections, and ' abraded areas, and apply galvanizing repair paint to comply with ASTM A780 or coating touch up in accordance with manufacturer recommendations. PART 4 -MEASUREMENT ' 4.01 The method of measuring acceptable work covered under these Metal Fabrication Specifiications will be as follows: ' A. Measurement for the new ramp, specialty framing, counterweight tower, ramp, hinge bar or components will consist of the finished galvanized ' metal framework, angle and bar stock. Bracing, all accessories mounted as required, furnished and installed, complete and in place and operational, accepted by the Engineer on a lump sum basis for respective ' bid and pay items. 1 PART 5 -BASIS OF PAYMENT 5.01 The pay items for respective components of the work covered under these metal 1 fabrication specifications are furnished and installed unless stated otherwise, and must be a part of the approved Schedule of Values to cover the various bid items. ' END OF SECTION 0550 METAL FABRICATIONS SECTION 05500-15 Page 1 of 1 Rudder, Lynda From: Reisenberg, Lloyd Sent: Monday, November 26, 2012 10:32 AM To: Rudder, Lynda Subject: RE: noticed Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Email: l/oyd.reisenberg a(~town.southold.ny.us Office: 631-765-1891 Cell: 631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Wednesday, November 21, 2012 8:31 AM To: 'New London Day'; alkrupskitown@yahoo.com; Andaloro, Jennifer; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; Legals (cschott@timesreview.com); Louisa Evans (Ipevan506390@gmail.com); Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Michelle; William Ruland Subject: noticed Importance: High Please advertise in the Friday, November 23, 2012 edition of the New London Day, the November 29, 2012 edition of the Suffolk Times and the Town website. Thank you. Happy Thanksgiving!! 11 /26/2012 Page 1 of 1 Rudder, Lynda ~ No~~ce o~ ~u FI F~ From: Candice Schott [cschott@timesreview.com] Sent: Wednesday, November 21, 2012 9:30 AM To: Rudder, Lynda Subject: RE: noticed Hi Lynda, I have received the notice and we are good to go for the 11/29 issue. Thanks and have a great Holiday weekend! Candice From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us] Sent: Wednesday, November 21, 2012 8:31 AM To: New London Day; alkrupskitown@yahoo.com; Andaloro, Jennifer; Beltr, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; Candice Schott; Ipevans06390@gmail.com; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Michelle; William Ruland Subject: noticed Importance: High Please advertise in the Friday, November 23, 2012 edition of the New London Day, the November 29, 2012 edition of the Suffolk Times and the Town website. Thank you. Happy Thanksgiving!! ] 1/21/2012 Page 1 of 1 Rudder, Lynda From: Cherry, Donna [d.cherry2@theday.coml Sent: Wednesday, November 21, 2012 10:28 AM To: Rudder, Lynda Subject: [New Sender - ] - RE: noticed Attachments: d00426547-14454.doc Hi Lynda, The attached ad will run in The Day on 11/23/2012. The P.C.'s will be mailed after the ad runs. Thank you & Happy Thanksgiving! Donna Cherry Legal & Milestones Clerk The Day Publishing Company Phone: 860.701.4292 Fax: 860.442.5443 IeRal@thedav.com milestones@theday.com From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us] Sent: Wednesday, November 21, 2012 8:31 AM To: Legal; alkrupskitown@yahoo.com; Andaloro, Jennifer; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; cschott@timesreview.com; Ipevans06390@gmail.com; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Michelle; William Ruland Subject: noticed Importance: High Please advertise in the Friday, November 23, 2012 edition of the New London Day, the November 29, 2012 edition of the Suffolk Times and the Town website. Thank you. Happy Thanksgiving!! 11/21/2012 O O O O O 0 0 0 0 0 N/F PROPERTY of U.S. COAST GUARD q/F PROPERTY of GADA F/ PARTNERSHIP ~.:.~1 L g/ER EE '~i .................. ' ......................... 0 0 P~B~OJECT: NEW RAMP and LKHEAD MODIFICATIONS 0 PLAN 'i'i:X::::::i::::.:'i'::i:ii:iiiii:. FISHERS ISLAND .:::i:.;:i::":'E::':.::'::X::':+:' GRAPHIC SCALE 1 = 200' ,::.:,, ~, ,=.::::::::::::,,:; .,::': ::,:.:i.i.!:i.i. FERRY D SIR Ct :'::"":'::i:;;=:ii:i'iiiiiiiiii:'I ~ I I I ._....:?:.:+,.:.:.:.::.:.: 20... --.=.,,.,...,-.. ========================= 100 0 200 LOCATION MAP 1000 0 1000 REFERENCE CHART: 12372 GRAPHIC SCALE IN YARDS DRAWINGS INDEX DRAWINGS NO. DRAWING TITLE C1 PROJECT COVER SHEET C2 PROJECT LAYOUT, BARRICADES AND E&S DETAILS S1 EXISTING AND NEW RAMP PLANS S2 ENLARGED RAMP PLAN S3 SECTIONS AND DETAILS S4 SECTIONS AND DETAILS GNCB Consulting Engineers, P.C. 130 ELM STREET POST OFFICE BOX 802 OLD SAYB ROOK CONNECTICUT 06475 PHONE: 860 388 1224 FAX: 860 388 4613 GNCBENGIN EERS.COM Keynotes / General Notes: PROJECT COVER SHEET RAMP RESTORATION FISHERS ISLAND NEW YORK DATE: PROJECT: SCALE' DRAWN BY: CHECKED BY: CONTRACT DOCUMENTS 16NOV2012 #11003 AS NOTED RE CCC ~,_C~,I LV~/=~ O O ~:4~TIN~, WOOD TO BE P~M0V~D 0 0 ,,., - REMOVE P"C, NHOLE . ' EXTNND V./A TER TI~HT ·: pRc~INA~E ¢1!;~ THROUGH - ' ENI¢TIN~ ~XI¢T1N~ 10HN ¢ONORETN,.,M~ROAOH~N WORK/.~TA~IN~ ~ ~/~I~:~MATE AGCE~¢ ~ATE 0 / -~HEET ~ILE FOR ¢OULJ:2EP*Z~OCK FILL TEMMPOi~Y ~R~CA~T HI~H~VAY Il'fliT of EX~A VA TION I~MMPOP-v~Y HAY ISWIE EE~URITYFEN~E('iW'F 9TP~AW O~ HAyBAL~5 BINDIN~ ~-XI?IN~ ¢P-OUND ., HAY E~ALE DE. TAIL V~HICLE M,NE FOR ~RRY ~ g~_MCO~&~Y LIgHTeD DRUM ¢r ;~/C F~MME ~RICADE (TYP) PL,~N VIEW CO~NER ~MMP VEHICLE ETA~IN~ L~,NE NOT ~I.~2~K OR IMPEDE T~FIC /~-~ ~ ~ATE TEI-"II:::OI:~,,I:~-Y WOlfF-. SITE ~ECUI:~IT'~' FENCE' DETAIL f IED OF:q-ICDN .~A ~/HOIP-,.~E .~UE,.~TflTUTE FOR I;~,/C I~II~CEL-LANEEOU~ BA~-J:~-IEI~- DETAILS ~EOTEcX'FILE FAERIC LE~T END VIEVV ELEVATION ~HT END ViE~/ TYPICA~ CONNEC~N~ PIN TF__I'"lPORA~--Y PI:~-F_-CA_~T CONCI:~.ETE. HIGH~vVAY Kelth EL Nelleon, Oocko inc. 11/1~/2012 ~:27 Ph'l FIFD_~I[ver-EeI_M oin-~a mp_24X~_C-2-B_C~2_GN CB.dwg GNCB Consulting Enqineers, P.C. 150 ELM STREET POST OFFICE BOX 802 OLD SAYBROOK CONNECTICUT 06475 PHONE: 860 388 1224 FAX: 860 558 4615 GNCBENQINEERS,COM Keynotes / General Notes: PROJECT LAYOUT BARRICADES AND E&S DETAILS RAMP RESTORATION FISHERS ISLAND NEW YORK CONTRACT DOCUMENTS 18NOV2012 DRAWING NO, AS.OTE.0:.. C--2 DATE: PROJECT: SCALE: DRAWN BY' CH~CKED BY: AL'TERNATE BID ITEl'd TO DOLPHIN ,AND WlR~ RODE WRAP NEW CgA~S 'A' 5,5-H"T LONO MLW Ag'X BID ITEH ¢,2 _REPLACE BROK. CN PILE5 IN E.A, CT'E.f~.- ¥ DOLPHIN - BOL'I' AND Wf~A¢ TO ~XlS~NG DOLPHIN A& T, BID ITEM #B TOP EL I~FT (HATCH EXISTTN~) ;grT OFF TO ~EFO~E SEALdN~ TOP ~L. 16~:P% (MATCH DOLPHIN DETAIL 1H TO BV WHERE POSSIBLE, OR MA~IklUM - SITE CONOI'flONS /AoF~DXIMATB 5LiP A~I5 NEW ~OL T TO CONNE~'F r'r~) MIR~ WP~P -10 V~-AlaS DOLPHIN DETAIL t~'L,,~N VIEW NOTCHED PILE W/CE ROPE DOUBLE DOLPHIN CAI~LE WP-.AI::~ DETAIL POINTED FLAT TIMBER PILE TIP SI 4DE DETAIL I NEW' L.ADDEt~ I · HAND ;8~1L¢ AND ~OLT ~C~ 1/2' X ~" F~T ~EL ~TO~K ~) EXISF~N~ WOOD PILE EACH BIDE OF V~IF~ ELEVATION IN FIELD F-.XI~T~N~ 11MB~ ~x12 BE'fW*EEN AND BOLTED TO PILE.~ E~OH 51DE /- NE~V LADDER 3/4-1N LADDEP-. DETAIL NEV¢ ~-IN CORNEI2CANCHOR POST ~ NEW FENCe/ GATE DETAIL F-DCT~ND NEW DP~AINA~E PIPE ~T BEYOND BULKH~O BULKHEAD NEW DRAINAGE PIPE ~DC'~NSlON TO BE ~'TI~NDED PiPE EEXTENSION DETAIL NEW 3-IN TOP ¢nd sO'rTOPI II NEW 424N 94HN mc) - N~%V 1-1/2-1N HANOPCqL (I~P) 0"~) P--AMP ENDS P--AIL DETAIL 12-AMP PAIL SECTION NE~/ COUNTERWEIGHT C/~L~ NOTE ~LOCATE COUNTE~/VEIGHT TOWER I~NDER PIL~VOOLPHIN TO ACCOMI'dODA TE N~-~V '~EW COUNTERWEIGHT (T'~) -- ALWL NEVV/~MP ..~A~ I Y' S~ ~ COU NTEI~X2v'EIGHT TOX,VEI~ DETAIL COMPACTED CT · 12-1N ~I,2,AVEL m5~ COHPA~; t'~D -BEDDING ~% COMPACTED (TYP) TIE-E~ACI~ I~OD T'i~.E N CF--I DETAIL BOLL&RD DETAIL ~) BACF-.FILL end TI2-AFFIC SUI~-FACE DETAIL ~elJ'h B Nellson, IDocko Inc. 11/1~/2012 3:27 Dh1 FIFD_~Ilver-EeI_M Din -F~a m p_2~X~_C-2-B_G-2_~N CEkdw~ GNCB Consulting Engineers, P.C. 1,50 ELM STREET POST OFFICE BOX 802 OLD %AYBFR OOP< CONNECTICUT 064-75 PHONE: 860 588 1224 FAX: 860 .588 4613 GNCBENGINEENS.COM Keynotes / General Notes: SITE WORK DETAILS RAMP RESTORATION FISHERS ISLAND NEW YORK CONTRACT DOCUMENTS DATE, PROJECT; SCALE: DRAWN BY: CHECKED BY: AS NOTEDRB C-3 FLOOD EBB 18" DIA, MONOPILE COUNTERWEIGHT TOWERS 7]E IN NEW FENCE TO EXISTING WITH NEW VERT WALL PROPERTY OF USCD EXISTING N EENOE TO .? ~ REMAIN RELOCATION OF BOLLARD LINE OF FACE OF SHEETING EXISTING CONC PAVING SILVER COVE L STERN OF FERRY % 28'-0" 24'-5" 19'-4" OUT TO OUT OF CURBS t 6"BUMPER STEEL GRATE RAMP SEE S2 RAMP -- B~ ~LI~RAMP -- 0 oF] WOOD BUMPER BUMPER PILE TIE IN NEW TO EXISTING -- OPP HD gONg EL 4 +1.0 CONCRETE APROACH APRON 10'-7" RAMP AND BELOW +6.0 t EE" ., 4-1.0 ', t [~ PROTECT EXIS11NG SIDEWALK DURING DEABMAN EXCAVATION I I 20'-0" CONC I 27'-0" I I 9 PAIRS I PZ27 SHEET I PILING 27'-5' I SPACES AT 6'-0" EA =llB'-O'' I I 24'-0" I I lJ"DIA GALV TIE ROD STONE WALL BELOW OPP HD ~'~ ~CUT AND EXTEND ElEC \ CONDUIT DISRUPTED ~ ~ BY RAMP ~NSTALLA~ON ro -- PZ27 STEEL SHEET PILING + C15x33.9 PILE CAP T.O.STEEL PILE CAP EL. 6.0 TYP EAQ SIDE NEW RAMP PLAN SCAL~: 1/4"=1'-0" PROPERTY OF USCQ FLOOD SILVER EEL COVE '5 EBB ./ EXISTING PIER TO BE REMOVED EXISTING STONE WALL BELOW DEMOLISH EXISTING COUN~RWEIGHT TOWERS AND PILINGS. 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Ill -I,II, ,111 IH tll Itl- I'll I1' Ill '111 Ill '1'11' I'11' REMO~ EXISTING RAMP SAFETY BEAM BE REMOVED EXISTING STONE WALL BELOW REMOVE EXISTING RAMP AND REPLACE WITH NEW RAMP STEEL SHEETPILE ~'t cap AND WALE CUT DOWN TO 1.0' MLW EXCAVATE BEHIND TO MIN 0.0' EXISTING STEEL PLATE /EXISTING BOLLARD TO BE RE-LOCA~D REMOVE EXISTING MANHOLE AND DRAIN EXISTING BITUMINOUS PAVING EXISTING/REMOVAI, SCALE: 1/4"=1'-0' RAMP PLAN SH PIPe ROLLER 12x12 TIMBER AND CUT DOWN EXISTING PILES AS REQ'D FOR NEW WORK AND EDGE OF EXIS~NG STEEL CHANNEL CAP LAYOUT REFERENCE POINT AND LINE o EXISTING CONC PAVING GNCB Consulting Engineers, P.C. 130 ELM S I REET POST OFFICE BOX 802 OLD SAYB ROOK CONNECTICUT 0647.5 PHONE: 860 388 1224 FAX: 860 388 4613 GNCBENGINEERS.COM Keynotes / General Notes: 1. NEW RAMP CAPACITY: 4-5,000 GROSS VEHICLE AXLE WEIGHT. 2. ALL ELEVATIONS ARE REFERENCED TO MEAN LOW WATER LEVEL. THE TOP OF THE EXISTING GRADE IS APPROXIMATELY EL. 6 FT AT RAMP LANDING. ,3. ALL CONCRETE TO HAVE 28 DAY COMPRESSIVE STRENGTH OF .3500 PSI. REINFORCING TO BE GRADE 60 KSI. ALL NEW STEEL ROLLED SECTIONS TO BE GRADE 50 KSI. ALL ANGLE & PLATES TO BE MINIMUM .36 KSl. EXISTING AND NEW RAMP PLANS RAMP RESTORATION FISHERS ISLAND NEW YORK CONTRACT DOCUMENTS DATE: PROJECT: SCALE' DRAWN BY: CHECKED BY. 16NOV201: DRAWING NO. AS NOTEDRS Sl CCB g ~ ( Consulting En neers, P.C. I I  PIPE 3/4" ~ 130 ELM STREET SHELL O O ~ POST OFFICE BOX 802 ___ OkD SAYB ROOK ~ co~c~[~ ~cc ( CON~[ClICUl 06475 C15X CAP PHONE: 860 388 1224 I I L ~ 2-C12 WALE ~ ~ ~W~2~53 F~: 860 388 4613 ............ ~ .......... / '_[ ~' 10"D~A. EX~A S~OR~ ~ GNCBENGINEERS.COM ~ ,, _ ~ _ PIPE CL EL 4.8' ~ Keynotes / General Notes: ~ ~ WI~x5~+CU.B ~ ~ , , ' ' ~r / /~ ,~, ~ ~ ~ FERRY / , x ~ ~ E Ix ~- SLOP % X ~ ~ APPROACH APRON ~ ~ ~ ~ ' , STRAP BUMPER PILE TO ~ / HR PILE Wl~ 2--~"x3" SS ' L ~ EA SIDE , , ~: x ~ :-- / STRAPS WELD TO HP PILE ~ 3- ~o"~A ~o~ I ~ X ~ EN~RGED ~MP P~N CHAIN LINK _ C15x CAP CONCRETE WALL ~ FENCE POSTS ~ ~ 14'-2" J J ' , ~ SASE PL 1"x12"xl'-6" j ~ W/4-1" DIA ANCHOR ~ ' ' N~W RAMP PLAN FISHERS IS~ND BOLTS CONN EA SIDE ~ ~ ~ ~ NO~: RAMP DESIGNED FOR NEW YORK 0 O- ~ ~ 18" J I , i CONTACT DOCUMENTS ~ EL 4.8' I ~ , 0 , , SCALE: AS NOTED ' EL 19.0' 18" DIA (1/2" SHELL) SAND F~LLED PIPE P~LE EL 1/2" GUSSET PL FITTED TO 12" PIPE 10" PIPE ~_ PIPE EL MLW ~ 2-MC18x42.7 END PLS 1/2"x12"x1'-7" WELDED TO MC18's 1/2" STIFFENER AT CENTER OF PILE WELDED TO MClBx's BASE PL 1"x20"x1'-6" WELDED TO MC1B× SCALE: 1/2"=1'-0" 1/2" CHECKERED STEEL PLATE MECHANICALLY FASTENED 4" STEEL GRATING ~ I MECHANICALLY FASTENED / ~__ I, IIIII ~IFll II II IlIll I ,<i ii ii i[ AT ~A RFAM C12x STAGGERED W16x67 SAFETY BEAM J ~"x20"xl'-O" WELD ALL AROUND TO 18" DIA. PIPE AND COPED W16x TYp EA END ~EPOXY COAT ALL EXPOSEDI SURFACESI ( SECTI,,O.,N THROUGH RAMP SCALE: 1/4 =1-0 EL 19.0' DIA (1/2" SHELL) SAND FILLED PIPE PILE --EL 13.0' 8.0' :L 4.8' PIPE DRIVEN TIMBER PILE BUMPER x3 x30'-O" STRAPPED TO STEEL PI[ TYP EA SIDE 1/~" GAP. 5/8"×10" 30'-0" TO FACE OF SHEETING I/2" CHECKERED PL -- SHIM AS REQ'D CURB BEYOND W12 x L6x3½x~xl '-0" W/2-J"LAG BOLTS AT 9" GAGE AT EA VERT POST FLANGE PL'S 1'-10" STERN OF FERRY ( )SE CTI,,O.,N ,, SCALE: 3/4 =1 -0 f 1 1/2" PiPE RAILING CONT L6x6x:~ W/1-3/4" BOLT EA SIDE OF RAIL VER~ICAL AT 6'GAGE CONT WT6x25 CUT WEB AS REQ'D- 1/2" CHECKERED PL BOLTED TO SUPPORTS WIDE END PLATE W/2- 3/4" BOLTS TO LBxB AT EACH BEAM END FENDER BOLTED TO CONT L GNCB Consulting Engineers, P.C. 130 ELM STREET POST OFFICE BOX 802 OLD SAYB ROOK CONNECTICUT 06475 PHONE: 860 388 1224 FAX: 860 388 4613 GNCBENGINEERS.COM Keynotes / General Notes. -- CONT 3/8" BENT PL W/1/4" STIFFENERS AT 16" c.c. --EL 19.0' DETAIL SIMILAR AT SECT 4A WITH 4" GRATING IN LIEU OF PLATE AND 3,~" SUPPORTS 4'-0" WALKWAY ( sSDECTI,,O.,N ,, AL~: 3/4 --1 -0 L3x3 W/3/4" BOLT TO EA BEAM SEE PLAN S2 PROVIDE BOLTED SPLICE AT DISCONTINUOUS L AT CENTER EL 6.0' + COMPACTED FILL SLy ~2'-0" CONC DEADMAN RBNF W/#6 AT 12" OCEA FACE EW EPOXY COATED -- PLATE lJ"xlO" x1'-I0" EA TIE ROD 31'-0" SLOPE TO MATCH EXISTING GRADES 20'-0" x 27'-0" WiDE CDNC APPROACH APRON W/BROOM FINISH TO RAMP EL 6 -- EXCAVATE AS REQ'D FOR SHEETING, TIE ROD AND CONCRETE INSTALLATION COMPACT ALL BACKFILL. i' -CUT EXISTING SHEET PILING OFF AS REQUIRED FOR NEW WORK EL O/~EBRACE L 1.67' EL 0.0' ~MLW HOIS BEAM CUT EXISTING W(OOD PILES OFF AT MLW -- EL 13.0' SAFETY BEAM -- EL 9.8' EL 3.0' #5 AT 12" AND VERT EA FACE EXG STONE WALL BEYOND EXG SHEETING --CUT DOWN AFTER FIRST TWO CONC LIFTS EL 1.0' MLW EL 0.0' SHEETING CUT DOWN WALL TO CAP W/ CONCRETE WALL WITN BATTER 2'-0" DRILL AND EPOXY 8" INTO SOLD STONE AT 12" EW 3" COVER TO TOP LAP BEHIND SHEETING -- EL 1.0' FORM SURFACE III II BELOW WATER L, NE -7.0' FORM SURFACE BELOW WATER LINE 5'-0" +/- STEEL 4EETING PZ27 STEEL ~ SHEET PILING 35'-0" LONG EXCAVATE BEHIND EXISTING ( 'hSECTI.O.,N ( _E TION SHEETING AS NECESSARY FOR DRIVEN TO EL NEW SHEETING INSTALLATION AND ~k..~/SCALE: 1/4 =1 -0" -29.0' MLW TO CUT DOWN EXISTING. BACKFILL bX.~/SC~I~: ~0" AND PLACE 1'-0" OF 2~:" STONE EL -7.0' SECTIONS AND DETAILS RAMP RESTORATION FISHERS ISLAND NEW YORK SECTION AT RAMP APPROACH CALE: 1/4"=1'-0" CONTRACT DOCUMENTS DATE, DRA'Ca NG NO. PROJECT: #11003 SCALE' AS NOTED S3 DRAWN BY: RB CHECKED BY: COB h ALL RAMP STEEL AND II BE I #6 AT 12" D.C. TOP -- AND BOTT EA WAY EPOXY COATED I I I I ~" CHECKERED PLATE ./ CONT 6" DIA EXT STR PIPE x19'-4" CAP ENDS W/:~"xB" PL #6 AT 8" o,c. 10-#6 CONT/ 1½ (~)SECTION SCAI~: 3/4"=1'-0" 3/4"×7"x2'-0" PL WELD ALL AROUND TO BEAM WEB PL 1/4""xf' EA S~DE W/t-5/6" BOLT =1'-0" TO EA BEAM GRIND DOWN TO TO END OF RAMP END PL 010x50 x19'-0' ~ PL W/2-3/~'x1 '-0" ANCHOR BOLTS AT 24" oc -- EL 1.67' 2-C12x20.7 WALE + FACE OF TIE ROD SHEETING PZ27 DIA HOLE C15x STEEL CAP~ ~'x4'xO-4 S COVER PLATE FOR LIFTINGHOLEs~RD I I OVERSIZED TIE ROD j~ J HOLES (2" MAX DIA) HEETIN WELD ALL AROUND TO SHEET AND PATCH COATING WlTH EPOXY ~UCH UP PZ27 2-C12x WALE PL 1"x12"x1'-4" W/2-3/4" BOLTS TO WALER (~SECTION SCALE: 3/4"=1'-0" 3/4"x5½"x0'-8" PL WELDED TO W12x -CHAIN LOCK ~"x3" LONG CROSS SLOTS IN STERN TOP OF CAP SEE PLAN --L3xDx~"xO'-7" FOR SUPPORT OF STEEL CAP TO SHEETING STEEL STEEL CAP Toll BE EPOXY COATEqJ 1/2"=f-0" TYPICAL STEEL CAP PLAN VIEW STEEL SHEET PILE CAP DETAIL 1/2"= f-o" · PL l"xS"xf-O" FULL PEN WELDED TO BEARING PL ON PIPE SLIDE ASSEMBLY INTO WALE NOTE: INSTALL BRACED TO WALL ACROSS RAMP WELL PRIOR TO BACKFILLING SHEETING f' DIA FIXING BOLT W/l"x6'xO'-B" PLATE WASHER SHOP WELDED TO WALERS GREASE PVC CAP WATERSIDE ANCHOI 2" DIA DRAIN HOLES EA AT 12'-0" 1 1/2"xS"xO'-8" BEARING WASHER TYP WALE PZ27 PAIRS 90 DEG CORNER 2-1" DIA A325 BOLTS IN 1~" DIA STD PIPE SLEEVES FOR SPACING AT 6'-0" CENTERS MAX STEEL SHEET WALE DETAILS ALL LOOSE ANCHOR RODS AND CONNECTION HARDWARE TO BE HOT DIP GALVANIZED -- 2"x9"x1'-11" SPLICE PL CENTER W/ 8-1" DIA BOLTS ~ r ~ GNCB Consulting Engineers, P.C. 130 ELM STREET POST OFFICE BOX 802 OLD SAYB ROOK CONNECTICUT 06475 PHONE: 860 388 1224 FAX: 860 388 4613 GNCBENGINEERS.COM Keynotes / General Notes: 1" DtA x3'-O" EPOXY -- COATED REBARS IN I~'HOLES IN PLATE REMOVED FOR VIEW '~ PLA___N LOOKIN~G DOWN SC~L~: s/4"=~'-o" 1" PL Wy2" - DIA HOLE FOR LINK w/5/4" SS6x6x.25 BASE PL FOR RAILING PLATE SS PL + + CONC APRON HOLE (-0" DIA HOLE TEE WITH 3/4"x3" CROSS SLOTS FOR STERN CHAIN ALIGN PER FERRY REQ'MTS SCHEDULE 80 3";-- ON FERRY STOP CURVED PL AT BEAM CC Wt2x53 -1" GRADE 80 ANCHOR CHAIN W/GRADE 80 CONNEC~NG LINK EACH END DETAIL AT ANCHOR CHAIN EXTERIOR ELEVATION AT OUTER W12x53 BEAM -~" S~FFENER BELOW J" PL STERN OF FERRY SCA[~: 3/4"=1'-0" SECTIONS AND DETAILS RAMP RESTORATION FISHERS ISLAND NEW YORK CONTRACT DOCUMENTS IDATE' PROJECT: SCALE: DRAWN BY: CHECKED BY: 16NOV2012 DRAWING NO, #11003