Loading...
HomeMy WebLinkAboutElizabeth Field - Lighting, Visual Aids, Electrical Bldg (2)JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 1992 Charles R. McDermott, Engineer Calocerinos & Spina Engineers, P.C. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Elizabeth Field, Fishers Island Airfield Lighting, Visual Aids and Electrical Building Dear Mr. McDermott: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Returned herewith are the executed contract documents for the Elizabeth Field, Fishers Island, Airfield Lighting, Visual Aids and Electrical Building Project. I have retained the original and one copy, forwarded one copy to Robert P. Knauff, Manager -Secretary of the Fishers Island Ferry District at Fishers Island, and enclose herewith four (4) copies. Very truly yours, 9�1L, ,/�� Judith T. Terry Southold Town Clerk Enclosures (4) Calocerincis & Spina Engineers, P.C. RECEIVED x' 1992 itnithnlr9 T-.,..- e4,4 To: Mr. Scott L. Harris Town Supervisor Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Elizabeth Field - Fisher's Island Airfield Lighting, Visual Aids and Electrical Building FAA A.I.P. No. 3-36-0029-04-91 NYSDOT No. 0913.04 File: 211.004 Attention: Date: 29 -Apr -92 Enclosed please find the following: - One original copy of the contract document signed by the contractor. - Six copies of the contract documents signed by the contractor. Remarks: Please retain the number of copies required for your files and return the remaining copies to my attention. Thank you. If you have any questions or need additional information, please do not hesitate to contact us. Enclosures cc: Mr. R. Philip Knauff Mrs. Judith Terry CALOCERI'NOS & SPINA EERS, P.C. arles R. McDermott Engineer 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-8711 FAX (315) 457 9803 i March 2, 1993 Ms. Judith T. Terry Southold Town Clerk Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Re: Elizabeth Field Airport - Fisher's Island Airfield Lighting, Visual Aids and Electrical Building FAA-AIP No. 3-36-0029-05-92 NYSDOT No. 0913.05 File: 211.004 Dear Ms. Terry: Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 1,Ar:R We are in receipt of your correspondence, dated February 24, 1993, requesting instruction with regard to release of the 5 % retainage, on the above -referenced project. As the Town of Southold Attorney has approved the Contractor's Maintenance Bond in the amount of $20,317.76, we recommend payment to the Contractor as per our 5th and Final Estimate submitted for payment on February 8, 1993 (see copy attached). If you have any questions, please feel free to contact us. Very truly yours, C&S ENGINEERS, INC. e: Karen D. Wilds Construction Records Specialist KDW/sle cc: Mr. P. Knauff :.......:........ ............... ........................................................................................... PROJECT: a ELIZABETH FIELD AIRPORT -FISHERS ISLAND File No. 211.004 AIRFIELD LIGHTING, VISUAL AIDS 4 ELECTRICAL BUILDING FAA-AIP NO. 3-36-0029-05-92, N.Y.S.D.O.T. NO. 0913.05 Date: 1/13/93 Estimate No: 5th it Final TO THE TOWN OF SOUTHOLD: Pursuant to the terms of the Contract, dated May 1, 1992, by and between the Town of Southold and Falvey Construction Corporation, contractor for the construction of the Elizabeth Field Airport-Fishe-s Islami, Airfield Lighting, Visual Aids & Electrical Building (FFA-AIP No. 3-36-0029-05-92, N.Y.S.D.O.T. No. 0913.05), we hereby submit the Fifth and Final Estimate, for work completed through December 22, 1992: ORIGINAL QUANTITY Item CONTRACT UNIT : TO UNIT TOTAL $ Number DESCRIPTION QUANTITY ------- DATE I ----- PRICE TO DATE ----------- P-152 !A. f ---- ----------- - I -------------- : Coomion Excavation, Area No. 1 I 100.00% : L.S. I -- 100.00% : --- I $1,600.00 - $1,600.: , P-152 2. Pavement Excavation(Bituminous Concrete) 900.00 S.Y. 896.11 3.00 2,688.:-: , P-612 3. Field Office 100.00% : L.S. 100.00% : 18,200.00 18,2ft X P-620 4. Runway Painting 23,000.00 s. f. : 21,606.62 0.50 10,803. ::: L-102 5. Electrical Building Electrical Service 100.00% : L.S. 100.00% : 9,000.00 9,000.X L-106 6. Segmented Circle 100.00% : L. S. ; 100.00% : 15, 300.00 15, 300. -X L-107 7. Lighted Wind Cone 100.00% : L.S. 100.00% : 16,700.00 16,700.X :. L-108 8. Cable Trenching for the Installation of Underground Cable 8,600.00 1.f. 7,766.50 2.25 17, 474.EZ- L-108 9. No. 8 AWG 600V Type C Single Conductor Underground Cable instld in Trench/Duct 28,300.00 l.f. 28,463.50 : 0.38 L-108 10. : Nn. 8 AWS 5KV Type C Single Conductor Underground Cable instld in Trench/Duct 12,900.00 1.f. 14,880.00 0.38 5,654.E- L-108 11. No. 8 AWG Bare Copper Counterposie Wire installed in Trench including Gnti unding Rods and Exothermic Connections 9,500.00 1.f. 10,316.50 0.28 2,888. iz L-109 12. Installation of Airport Electrical Building Equipment, in Place 100.00% : L.S. 100.00% : 30,000.00 L-110 13. : 4 -way Electrical Duct Bank Type I 700.00 : 1.f. 697.00 55.00 38, 335.%: L-110 14. : 8 -way Electrical Duct Bank Type I 200.00 : 1.f. 195.00 70.00 13,650. L, L-110 15. : 2 -in Dia RSC installed in Pavement 3,000.00 : 1.f. 2,408.40 4.00 9,633.K L-110 16. : 2 -in Dia RSC installed in Turf 270.00 : 1.f. 2212.00 2.00 424.:k L-110 17. 2 -in Dia RSC reinstalled in Turf 190.00 : 1.f. 126.00 2.00 252.X L-112 18. Electrical Building 1(>3. 00% : L.S. 100.00% : 40,000.00 : 40, OX L-115 19. Electrical (Manhole No. 1 1.00 : each 1.00 12,250.00 : 12,250. X :: L-115 20. Pull Box Reinstallation 1.00 : each 1.00 500.00 : 500.00 :. L-125 21. : Medium Intensity R/W Edge Lights, : Base Mounted, in Pavement 57.00 each 57.00 315.00 17,955.'X L-125 22. : Runway 25 Threshold Lights 100.00% : L.S. 100.00% : 3,800.00 3, 800.0 L-125 23. : Airport Guidance Sign No. R-2-5, : Base Mounted, in Pavement 10). 00% : L. S. 100.00% : 2,655.00 2, 6.,`5. X L-125 24. : Airport Guidance Sign No. R-2-19, : Base Mounted, in Pavement 100.00% : L.S. 100.00% : 2,655.00 2,655.0: , L-125 25. : Airport Guidance Sign No. R-1-3, : Base Mounted, in Turf lr)u.00% ; L. S. 100.00% : 2,400.00 2,400.% , L-125 26. : Airport Guidance Sign No. R-1-19, . : Base A)unted, in Turf 100.00% . L.S. 100.00% . 2,400.00 2,,00. X; ; L-125 27. : R/W End Identification Light (REIL) . System, Runway 7 End 100.00% . L. S. 100.00% : 8, 2`,l:). 0C) 8,250. . L-125 28. : R/W End Identification Light (REIL) . System, Runway 25 End 100.00% L. =. 100.01% 8, 2550. 00 c, E501..' L-125 29. : R/W End Identification Light (R . . ;',System, Runway 12 End L-125 -4-0.R/W End Identification Light (REI System, Runway 30 End L-125 31. : Generic Visual Approach Descent : Indicator System, Runway 7 End L-125 32. : Generic Visual Approach Descent : Indicator System, Runway 25 End L-125 33. : Generic Visual Approach Descent : Indicator System, Runway 12 End L-125 34. : Generic Visual Approach Descent : Indicator System, Runway 30 End L-125 35. : Removal of Existing Runway Edge Lights M-100 36. : M b P of Traffic M-200 37. : Mobilization STATEMENT OF DAYS CHARGED TOTAL CONTRACT DAYS 60 LESS DAYS URGED 65 DAYS REMAINING -5 FALVEY CONSTRUCTION CO TION 8Y: y TITLE: DATE: �-e _ rtS5 3 in 100.00% : L. S. 1 8,250.00 8,250.00 . 100.00% : L. S. 100.00% : 8,250.00 8, 250.00 100.00% : L. S. 100.00% : 9,580.00 9,580.00 100.00% : L. S. 100.00% : 9,580.00 9,580.00 100.00% : L. S. 100.00% : 9,580.00 9,580.00 100.00% : L. S. . 100.00% : 9,580.00 . 9,580.00 : 100.00% : L. S. . 100.00% : 7,500.00 . 7,500.00 : 100.00% : L. S. . 100.00% : 23, 500.00 . 23, 500.00 : 100.00% : L. S. . 100.00% : 16,000.00 . 16,000.00 Total Pimount of Work Done to Date -------- — #406,355.02 Less 0% Retained -- ------- — 0.00 $406,355.42 Amount Recommended for Payment, Previous Estimates 361,841.19 AMOUNT DUE CONTRACTOR, FIFTH AND FINAL ESTIMATE 344,513.83 CALOCERINOS 3 SPINA Engineers, P.C. Harold W. Wagner, , P.E. Division Manager JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER • • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 24, 1993 Karen D. Wilds Construction Records Specialist C&S Engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Elizabeth Field Airport - Fishers Island Airfield Lighting, Visual Aids and Electrical Building FAA-AIP No. 3-36-0029-05-92 Dear Ms. Wilds: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Our Southold Town Attorney has approved the Contractor's Maintenance Bond (Falvey Construction Corporation) in the amount of $20,317.76, for the period from December 22, 1992 to December 22, 1993, as well as the Prime Contractor's Certification and Contractor's Affidavit that all Liens and Claims have been paid, all with respect to the above referenced project. We await further instructions with regard to release of the 50 retainage. Thank yoiu. Very truly yours, Judith T. Terry Southold Town Clerk cc: R.P. Knauff, FIFD JUDITH T. TERRY TOWN CLERK REGISTRAR ON VITAL STATISTICS HARVEY/MATT: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 17, 1993 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 In accordance with the recommendation of C&S, attached is submitted herewith for your review. Thank you. Fishers Island Ferry District District Created By Special Act of The N. Y. State Legislature (Laws of N. Y., 1947, Chapter 6W) FISHERS ISLAND. NEW YORK 06390 ROBERT P.KNAUFF Manager - Secretary TELEPHONE 788-7463 Area Code 516 Judith T. Terry Southold Town Clerk 53095 Main Road Southold, NY 11971 Dear Judy: BOARD OF COMMISSIONERS REYNOLDS duPONT, JR., Chairman JOHN C. EVANS THOMAS F. DOHERTY. JR. LILLIE M. AHMAN DAVID C. BURNHAM 11 February 11, 1993 Pursuant to a phone conversation with Betty Neville this date, I am enclosing the originals of the following items as concern Falvey Construction Corp. contract for Elizabeth Airport light- ing Project No. 3-36-0029-04-91. 1. International Fidelity Insurance Company Maintenance Bond No. 886498-92. 2. Prime Contractor's Certification. 3. Contractors Affidavit That All Liens and Claims Have Been Paid. I have photocopied the above documents for my files. Very truly yours, Robert P. Knauff Enclosures: TRANSMITTAL (Cal; Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 To: Mr. Phil Knauff Re: Elizabeth Field Airport - Fisher's Island Ferry District Commissioner Airfield Lighting, Visual Aids Fisher's Island Ferry District and Electrical Building Foot of State Street FAA-AIP No. 3-36-0029-05-92 New London, CT 06320 NYSDOT No. 0913.05 File 211.004 Attention: Date: February 8, 1993 We are sending you X herewith under separate cover via Original 5th and Final Estimate, Claim Voucher, Prime Contractor's Certification, executed Lien Affidavit and Contractor's Maintenance Bond, for the above - referenced project. Note: We recommend the Town's Attorney review and approve the enclosed Maintenance Bond, prior to release of the 5% retainage. The above are for information approval revision construction X other Payment Remarks: If you have any questions, please feel free to contact us. If enclosed are not as noted. please notify us at once. / t C&S Engineers, Inc. Karen D. Wilds Construction Records Specialist KDW/sle Enc. cc: Ms. Judith Terry (w/enc.) .....................:....................i.........................,........................................................ PR01EiT; ELIZABETH FIELD AIRPORT -FISHERS ISLAND File No. 211.004 . AIRFIELD LIGHTING, VISUAL AIDS 4 ELECTRICAL BUILDING FAA-AIP NO. 3-36-0029-05-92, N.Y.S.D.O.T. NO. 0913.05 Date: 1/13/93 , Estimate No: 5th 6 Final , TO THE TOWN OF SOUTHOLD: Pursuant to the terms of the Contract, dated May 1, 1992, by and between the Town of Southold and . Falvey Construction Corporation, contractor for the construction of the Elizabeth Field Airport -Fishers , Island, Airfield Lighting, Visual Aids & Electrical Building (FAA-AIP No. 3-36-0029-05-92, N.Y.S.D.O.T. No. 0913.05), we hereby submit the Fifth and Final Estimate, for work completed through December 22, 1992: , item , Number DESCRIPTION , ----------- ! ------------- I : P-152 IA. Common Excavation, Area No. 1 , : P-1`2 2. Pavement Excavation(Biturminous Concrete) : P-612 3. Field Office , : P-620 4. Runway Painting , L-172 5. Electrical Building Electrical Service : L-106 6. Segmented Circle : L-107 7. : Lighted Wind Cone : L-108 8. Cable Trenching for the Installation of Underground Cable L-108 9. No. 8 AW6 600V Type C Single Conductor Underground Cable instld in Trench/Duct L-178 10. No. 8 AWG 5KV Type C Single Conductor , Underground Cable instld in Trench/Duct L-108 I1. No. 8 AWG Bare Copper Counterposie Wire installed in Trench including Grounding • : Rods and Exothermic Connections : L-109 12. Installation of Airport Electrical , • Building Equipment, in Place , L-110 13. : 4 -way Electrical Duct Bank Type I , : L-110 14. : 8 -way Electrical Duct Bank Type I , : L-110 15. 2 -in Dia RSC installed in Pavement , : L-110 16. 2 -in Dia RSC installed in Turf , : L-110 17. : 2 -in Dia RSC reinstalled in Turf , : L-112 18, Electrical Building , : L-115 19, Electrical Manhole No. 1 , : L-115 20. Pull Box Reinstallation , : L-1"25 21. Medium Intensity R/W Edge Lights, , Base Mounted, in Pavement , L-125 22. Runway 25 Threshold Lights , L-125 23. Airport Guidance Sign No. R-2-5, , Base Mounted, in Pavement L-125 24. Airport Guidance Sign No. R-2-19, Base Mounted, in Pavement , L-125 25. Airport Guidance Sign No. R-1-3, , Base Mounted, in Turf , L-125 26. Airport Guidance Sign No. R-1-19, Base Mounted, in Turf L-125 27, R/W End Identification Light (REIL) , • System, Runway 7 End , L-125 2'8. R/W End Identification Light (REIL) System, Runway 25 End ORIGINAL : QUANTITY , CONTRACT UNIT : TO UNIT TOTAL $ QUANTITY DATE PRICE TO DATE 100.00% : L.S. 100.00% : $1,600.00 SI'&)0.00 900.00 , S. Y. 896.11 3.00 2, 688.33 100.00% : L.S. 100.00% : 18,200,00 18,200.00 23, 000.00 : s. f. 21, 606.62 0.50 10, 803.31 : 100.00% : L.S. 100.00% : 9,000.00 9,000.00 : 100.00% : L.S. 100.00% : 15,300.00 15,300,00 : 100.00% : L.S. 100,00% : 16,700.00 16,700.00 : 8,600.00 l.f. 7,766.50 2.25 17,474.63 28,300.00 l.f. 28,463.50 0.38 10,816.13 12,900.00 1.f. 14,880.00 0.38 5,654.40 9,500.00 1. f. 10, 316.50 0.28 2,888.62 100.00% : L. S. 100.00% : 30, 000,00 30, 000.00 700.00 1. f. 697.00 55.00 38, 335.00 200.00 1, f. 195.00 : 70.00 13, 650.00 3,000.00 1. f. 2,408.40 : 4.00 9,633.60 270.00 l.f. : 212.00 : 2.00 424,00 ; 190.00 1.f. 126.00 , 2.00 252.00 100.00% : L.S. 100.00% : 40,000.00 40,000.00 1.00 each 1.00 , 12,250.00 12,250.00 . 1.00 each 1.00 , 500.00 500.00 57.00 each 57.00 , 315.00 , 17, 955.00 100.00% : L. S. 100.00% : 3,800.00 , 3,800.00 100.00% : L.S. 100.00% : 2,655.00 2,655.00 100.00% : L.S. 100.00% : 2,655.00 2,655.00 : 100.00% : L.S. 100.00% : 2,400.00 2,400.00 100. W% : L.S. 100.00% : 2,400.00 2,400.00 100.00% : L.S. 100.00% : 8,250.0X1 8,250.00 1001.00% L. S. 100.00% 8, 250.00 8.250.00 . : R/N6d Identification Light ( � Systai, Runway 12 End : R/W End Identification Light (REIU :System, Runway 30End : Generic Visual Approach Descent : Indicator System, Runway 7 End : Generic Visual Approach Descent : Indicator System, Runway 25 End , Generic Visual Approach Descent ; indicator System, Runway 12 End : Generic Visual Approach Descent , Indicator System, Runway 30 End : Removal of Existing Runway Edge Lights : M & P of Traffic : Mobilization � STATEMENT OF DAYS CHARGED TOTAL CONTRACT DAYS 60 LESS DAYS CHARGED 65 DAYS REMAINING -5 FA0EY CONSTRUCTION CORP TION Total Aelount of Work Done to Date Less 0% Retained Amount Recommended for Payment, Previous Estimates AMOUNT DUE CONTRACTOR, FIFTH AND FINAL ESTIMATE Q&OCERINOSS&SPINA Engineers, P.C. �'Lvl ) OZ4 k"' . ', I � Harold W. Wagner���.� ' �Division Manager $406,355.02 0.00 $406,355.02 � 100.00% LS. 10% 8,250.00 : 8,250 00 � : 800.00% ' LS. : 100.00% 8,250.00 : 8,250 00 : : 100.00% : LS. , 100.00% : 9,580.00 : 9,580.00 : : 100,00% L. S. : 10.00% ; 9,580.00 9,580.00 : : 10100% : LS. ; 100.00% : 9,580.00 : 9,580.00 : : 100.00% LS. : 00.00% : 9,580.00 : 9,580.00 : : 100.00% : LS. : 100.00% : 7,500 .00 : 7,500 .00 : : 100.00% LS. : 100.00% : 23,500.00 : 23,500 .00 : : 100.00y : LS. : 100.00% : 16,000 .00 : 16,000 .00 : Total Aelount of Work Done to Date Less 0% Retained Amount Recommended for Payment, Previous Estimates AMOUNT DUE CONTRACTOR, FIFTH AND FINAL ESTIMATE Q&OCERINOSS&SPINA Engineers, P.C. �'Lvl ) OZ4 k"' . ', I � Harold W. Wagner���.� ' �Division Manager $406,355.02 0.00 $406,355.02 Account Number ............. Invoice #............. Date ................ 19........... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: Falvey Construction Corporation payee Reference: Address: ......P:�:.Box 69 ..................... Phone No. (....)....................... ...... Killingworth, . CT.. 06419......... Vendor Contact Cash Discount ..................% .........Days.................................... Item No. Description of Material/Service Quantity Unit Price Amount 523-12 Airport Invoice #5 & Final 1/13/93 ELIZAbLIH FIELD AIRPURT-1-ISFILK'S ISLAND BUILDING (FAA-AIP 3-36-0029-05-92, NYSDOT 0913.05) Pursuant o the terms ot the Contract, dateaMay , Cons ruction Corporation and Engineer's Estimate attached hereto ... AMOUNT DUE CONTRACTOR, FIFTH AND FINAL ESTIMATE --- --------- -------44,513.83 Total 44, 513.83 Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated.,/ and that the balance therein stated is actually due and owing.or Dated .............. t st19' 3 Signature J PRIME CONTRACTOR'S CERTIFICATION (NEW YORK STATE LABOR LAW, SECTION 220-a) 1. That I am an officer of vcm and am duly authorized to make is affidavit on b half of the prime contractor on public contract 2. That I fully comprehend the terms and provisions of Section 220-a of the Labor Law. 3. That, except as herein stated, there are no amounts due and owing to or on behalf of laborers employed on the project by the contractor. (Set forth any unpaid wages and supplements, if none, so state). NAME AMOUNT 4. That the contractor hereby files every verified statement required to be obtained by the contractor from the subcontractors. 5. That, upon information and belief, except as stated herein, all laborers (exclusive of executive or supervisory employees) employed on the project have been paid the prevailing wages and supplements for their services through JZ -Z2 -t.-2, , the last day worked on the project by their subcontrator. (Set forth any unpaid wages and supplements, if none, so state and utilize clause 5A (below). NAME AMOUNT (5A) That the contractor has no knowledge of amounts owing to or on behalf of any laborers of its subcontractors. r 6. In the event it is determined by the Commissioner of Labor that the wages or supplements or both of any such subcontractors have not been paid or provided pursuant to the appropriate schedule of wages and supplements, then the contractor shall be responsible for payment of such wages and supplements pursuant to the provision of Section 223 of the Labor Law. eo 'r & l Z,/.;, SI NATURE r ACKNOWLEDGMENT: o vl' V% PRINT NAME rte', cue' TITLE STATE OF COUNTY OF On this y day of me personally came 7N,—F known and known to me to be the executed for foregoing instrument and the same. SS.: ry ck 19 ' R before to me verso described in and who acknowledged that he executed l� NANCY J. AIELLO NOTARY PUBMC( NOT,1 'Y PUBLIC MY COMMISSION EX.P{R1S MARCH 31, 1993 County If this affidavit is verified by an oath administered by a notary public in a foreign country other than Canada, it must be accompanied by a certificate authenticating the authority of the notary who administers the oath. (See CPLR Section 2309 (c); Real Property Law, Section 311, 312). (New York State) STATE OF *EW—YeW— COUNTY OF-ON04DA£G• deposes and says: CONTRACTOR'S AFFIDAVIT THAT ALL LIENS AND CLAIMS HAVE BEEN PAID ss: cya co A- being duly sworn, 1. That he resides atX 12- I i 2. That he is the Contractor who entered into a certain agreement dated with for the construction of NN 3. That he is the �, �} rQ o-,6, of Falvey Construction Corporation , the corporation who entered into a certain agree- ment dated May 1, 1992 with the Town of Southold for construction of Elizabeth Field Airport -Fishers Island Airfield Lighting, Visual Aids & Electrical Building (FAA-AIP No. 3-36-0029-05-92, NYSDOT No. 0913.05) 4. That for the purpose of furnishing evidence acceptable to the said Corpo- ration as to the satisfaction of all claims against the undersigned Contractor within the meaning of "Section G.9.06, Final Payment" of the Contract Documents relating to the aforementioned Contract, and for purposes of reliance hereon by said Corporation, and for all intents and purposes specified in Article 3-A of the Lien Law and Article 122 of the Penal Law of the State of New York, the undersigned hereby declares that the claims of all sub -contractors, materialmen, laborers and all other persons and parties furnishing labor and materials with respect to the above-mentioned Contract have been paid in full except as follows: (If none, then write word "none"; other- wise ther- wise lis -t:) Rl- 5 ZT and that the above exceptions will be paid in full from the proceeds of the Final Payment made by the said corporation in reliance on this statement. .. .o -.s a:.0 .11 swornti yy wGitC IIIc this !14"" day of iy Notaty Public. NAT °41(- l J. MY COMMi;SJuN AIF_LLO PUBLIC EYptR£S MARCH 31, 1993 International Fidelity Insurance Company ONE NEWARK CENTER 20th FLOOR NEWARK, N.J. 07102 MAINTENANCE BOND Bond No. 886498-92 KNOW ALL MEN BY THESE PRESENTS: THAT WE, FALVEY CONSTRUCTION CORPORATION 12 Fire Tower Road, Killingworth, CT 06419 as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation of One Newark Center, 20th Floor, Newark, New Jersey, licensed to do business in the State of New Jersey and Connecticut , as Surety, are held and firmly bound unto the TOWN OF SOUTHOLD, NEW YORK as Obligee, in the full and just sum of TWENTY THOUSAND THREE HUNDRED SEVENTEEN AND 76/100 Dollars lawful money of the United States of America to the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS 27th day of January, 1993 THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Principal entered into a contract with the Obligee for Project No. 3-36-0029-94-91 Airfield Lighting, Visual Aids and Electrical Building Elizabeth Field Airport AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Project No. 3-36-0029-04-91 NOW, THEREFORE, if the Principal shall make any repairs or replacements which may become necessary during the period of One Year From December 22, 1992 to December 22, 1993 because of defective materials or workmanship in connection with said contract of which defectiveness the Obligee shall give the Principal and Surety written notice within (30) thirty days after discovery thereof, then tlus obligation shall be void; otherwise it shall be in full force and effect. All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein. Witness FAL a J / yal.vey, Vice TION V�o INTERNATIONAL FIDELITY INSURANCE COMPANY Witness #BirWSivis�ki, torney-in-Fact 1-83 TEL. (201)'624-7200 P(OVER OF-*ATTORNW BOND NO. 886498-92 L r INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: 24 COMMERCE STREET NEWARK, NEW JERSEY 07102 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JANE BIRON SIVISKI, VIRGINIA A. SMITH, DIANE F. KACMARCIK NEWINGTON, CONNECTICUT 6/92 its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and otherwritings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contractor otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such Attorney-in-fact and revoke the authority given. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, A.D. 1091. INTERNATIONAL FIDELITY INSURANCE COMPANY p Sim 1W4 STATE OF NEW JERSEY + County of Essex Executive Vice President On this 1 st day of May 1991: before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ...,:.,8�1 IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, �` ��'•�Z at the City of Newark, New Jersey the day and year first above written. �N E1 T A Rs i - 13 I'.ti v $ L A NOTARY PUBLIC OF NEW JERSEY tsz' ��`�•+.������ �� ,+�+` My Commission Expires April 3, 1993 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 27thday of January 19 93 Assistant Secretary IMPORTANT NOTICE: This Power of Attorney must be BLUE in color. If it is not BLUE, this is not an authentic Power of Attorney. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER • • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 26, 1993 Karen D. Wilds Construction Records Specialist CES Engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Elizabeth Field Airport, Fishers Island Airfield Lighting, Visual Aids and Electrical Building Change Order No. 1 and Final Dear Ms. Wilds: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Enclosed for your records is a copy of Change Order No. 1 and Final on the above captioned project, which was received by this office on January 25, 1993. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Accounting E Finance • U.S. Department V. V" A p. Odwl 1. of Transportation 181 A. JumYo . Awua, GP,,».. 3M Federal aviation JAN 11 S93 VAA ,bG., ny 11581 Administration Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: Elizabeth Field Airport, Fishers Island Lighting & Rehabilitation for Runways 7-25 & 12-30 VASI & REILS on R/W's 7, 25, 12 & 30 and Electrical Vault Installation - Change Order No. 1 & Final - AIP Project No. 3-36-0029-05-92 This is to advise that this office has completed the review of the proposed Change Order No. 1 and Final for a credit amount of ($13,065.99), Federal Share ($11,759.39) and is approved subject to the maximum obligation of the United States payable under the subject Grant Agreement. Enclosed are two (2) copies of this Change Order #1 and Final as approved by this office. One copy shall be retained by you for your records and a copy should be forwarded by you to your consultant for their files. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer Enclosure SPONSOR CONTRACT DESCRIPTION I CHANGE ORDER NO. 1 & FINAL 1 PAGE 1 OF'?- I 1 ! TOWN 30UTHOLD I !-------------------------------------------------1 ! COST DISTi, TION TAB I 1 AIRFIELD LIGHTING, VISUAL AIDS I ELIZABETH FIELD - FISHER'S ISLAND AIRPORT i I --------------------------------------------------------I AND ELECTRICAL BUILDING f--------------------------------------------------; I i CONTRACTOR i I NYSDOT PROJECT NO. 0913.04 I 1 -------------------------------------------------------------I FALVEY CONSTRUCTION CORPORATION!-------------------------------------------------------------i-------------------------------------------------1 1 FEDERAL ! STATE i LOCAL I OTHER 1 I NYS COMPTROLLER'S NO. 1 ADAP NO. 3-36-0029-05-92 1 !------- i ----- ----- i ----- I ------------------------ -_----------- ---•------------ I------------------------------------------------------------1---------------------------------------------------1 ! I I MATCHING I ! SPEC. I I I CONSTRUCTION I CHANGE IN I REVISED BID UNIT PRICE ORIGINAL ITEM 1 REVISED ITEM I CHANGE IN 1 1 1 ! FUNDS I I ITEM 1 DESCRIPTION 1 UNIT I BID i QUANTITY 1 QUANTITY I BID 1 TOTAL 1TOTAL 1 CONTRACT I I N0, i ! QUANTITY 1 ! i 1 I 1 1 90.00% 1 7.50% 1 2.50% i -----------------------I ---------------1- -------I--------------(--- ----------I--------------I----------------1------ - --------I-------------------------------1 i--------------- I----------------I--------------i------------- i P-152 1. i Common Excavation, Area No. 1 ! L.S. 1 100.00% ! -100.00% 1 0.00% 1 $10,000.00 1 $10,000.00 ! $0.00 i ($10,000.00)i 1 ($9,000.00) 1 ($7SO.00) ! ($250.00) P-152 IA. I Common Excavation, Area No. 1 I L.S. 1 0.00% 1 100.00% i 100.00% 1 511600.00 1 $0.00 ! $1,600.00 I $1,600.00 ! 1 $1,440.00 1 $120.00 1 $40.00 1 I P-152 2. 1 Pavement Excavation (Bit Conc) I S.Y. 1 900.00 1 -3.89 1 896.11 1 $3.00 i $2,700.00 52,688.33 (511.67)1 ! ($10.50) ! (50.88) 1 ($0.29) P-612 3. ! Field Office I L.S. I 100.00% I 0.00% 1 100.30% 1 $18,200.00 1 $18,200.00 1 $18,200.00 1 $0.00 i $0.00 ! $0.00 ! $0.00 1 P-620 4. 1 Runway Painting I s.f, 1 23,000.00 1 -1,393.38 1 21,606.62 1 $0.50 $111500.00 1 $10,803.31 1 ($696.69)1 ? (5627.02) 1 (552.25) ! (517.42) L-102 5. I Electrical Bldg Electric Service I L.S. 100.00% 1 0.00% 1 100.00% 1 $9,000.00 1 $9,000.00 1 $9,-000.00 1 $0.00 i 1 $0.00 1 $0.00 ! $0.00 L-106 6, 1 Segmented Circle 1 L.S. 1 100.00% 0.00% ! 100.00% + $15,300.00 i $15,300.00 1 515,300.00 $0.00 1 ! $0.00 ! 50.00 ! $0.00 i 1 L-107 7. Lighted Wind Cone ! L.S. 1 100.00% 1 0.00% 1 100.00% $16,700.0^ 516,700.00 $161700.00 $0.00 I 1 $0.00 ! $0.00 ! $0.00 1 L-108 8. ! Cable Trenching for the Instal- I lation of Underground Cable I l.f. ! 8,600.00 1 -833.50 1 7,766.50 1 $2.25 I $19,350.00 $17,474.63 1 ($1,875.38)1 1 ($1,687.84) 1 ($140.65) 1 ($46.88) 1 1 L-108 9. 1 No 8 AWG 600V Type C Single Con- i 1 I 1 11 ! 1 I doctor 'Underground Cable Instal- 1 led in Trench or Duct i l.f. 1 28,300.00 I 163.40 1 28,463.50 ! $0.38 1 $10,754.00 $10,816.13 $62.13 1 1 $55.92 1 $4.66 1 $1.55 L-138 10. 1 No 8 AWG 5KV Type C Single Con- ! I I I I I ! ! ! I ductor Underground Cable instal- ! 1 led in Trench or Duct l.f. 12,900.00 1 1,980.00 1 :4,880.00 1 $0.38 i $4,902.00 1 :5,654.40 1 $752.40 1 I $677.16 1 $56.43 1 $18.81 i L-108 11. 1 No 8 AWG Bare Copper Counter- ! 1 ! I poise Wire installed in Trench I ! ! ! 1 ! ! ! 1 ! I including Grounding Rods and 1 Exothermic Connections 1 1.f. 1 9,500.00 816.50 10,316.50 1 $0.28 ! $2,660.00 { $2,868.62 1 $228.62 1 i $205.76 i $17.15 1 $5.72 1 I L-109 12. i Installation of Airport Electric 1 Building Equipment, in Place I L.S. ! 100.00% 1 0.00% 1 14.00 1 $30,000.00 1 $30,000.00 ! $30,000.00 $0.00 ! ! $0.00 1 $0.00 1 $0.00 I L-110 13. 1 4 -way Electrical Duct Bank T-1 I I.f, 1 700.00 i -3.00 1 697.00 1 $55.00 1 $38,500.00 ! $38,335.00 1 (5165.00); 1 ($148.50) ! ($12.38) 1 ($4.13) '. L-110 14. 18 -way Electrical Duct Bank T-1 I l.f. I 200.00 1 -5.00 1 195.00 i $70.00 1 $14,000.00 1 $13,650.00 1 ($350.00)1 ! ($315.00) 1 (:26.25) 1 ($8.75) 1 L-110 IS. 12 -in Dia RSC instl'd in Pavement 1 l.f. 1 3,000.00 1 -591.60 1 2,408.40 1 $4.00 ! $12,000.00 1 $9,633.60 1 ($2,366.40)1 ! (52,149.76) 's ($177.48) 1 ;559.16) L-110 16. 1 2 -in Dia RSC installed in Turf I l.f. ! 270.00 I -58.00 1 212.00 1 $2.00 1 $540.00 1 $424.00 1 {$116.00)I i ($104.40) ($8.70) 1 (52.90) I ----------------------------------------------------------- - -- ---------------- -- - - - - - CURRENT CONTRACT. TIME LIMIT.: 60 1 CURRENT CONTRACT TOTAL $ 419,421.00 1 NET CHANGE THIS PAGE i'$12,937.99){ i ($11,644.19) I ($970.35) ($323.45) I -------------------------------------------------------------------------------------------------------------------- -------------- ----------------'.----------------1-------------- !-------------- ----------------------------------- 11 CHANGE IN TIME, THIS ORDER +{- 0 i NET CHANGE, THIS ORDER $ -13,065.99 INET CHANGE CARRIED FORWARD 1 ($128.00)! I (S115.20) 1 ($9.60) I ($3.20) 1 --------------------------------------------------------- ------------------------------------------------------------!---------------------------------'---------------I---------------I----------------1--------------I--------------i REVISED CONTRACT TIME LIMIT: 60 REVISED CONTRACT TOTAL $ 406,355.02 1 NET CHANGE, TOTAL ($13,065.99)': 1 ($11,759.39) 1 ($979.95) 1 ($326.65) I 1 EXPLANATION: 1 1 STATE USE I i1 1 See attached. I ! 1 11 1 it I ----------------------------------------------------------------------------------------------------------------------------------------------------------------------1 ! RECOMMENDED BY DIVISION MANAGER SPONSOR'S ACCEPTANCE 1 CONTRACTOR'S ACCEPTANCE I !------------------- -- - -- -------------i, i APPROVED �)-------=`J� I APPROVED i WON'* r -- Scott Louis Harris �C � DIVISION MANAGER I TITLE Supervisor, Town of Southold TITLE cvf y ! ®��l® ? TITLE I ! - able I s � �: � �+ . « , � L _ DATE December 22, 1992 1 CORP. NAMEG� DATE I DATE ---------------------------------------------------------- - SPONSOR ) CONTRACT DESCRIPTION ""ANGE ORDER NO. 1 & FINAL PAGE 2 OF 2 i TOWN C`r SOOTHOLD ------------------------------------------------------ COST DISTn.-UTION TAB i AIRFIELD LIGHTING, VISUAL AIDS I ELIZABETH FIELD - FISHER'S ISLAND AIRPORT -- --- ------------------ ---------------- -------------- 1 AND ELECTRICAL BUILDING ----------------------------------------------------- i CONTRACTOR( ! NYSDOT PROJECT N0. 0913.05 !----------------------- 11 -------------------------------------; FALVEY CONSTRUCTION CORPORATION !----- ------------------- ------I-------------__---.---------------.---------------._I 1 FEDERAL I STATELJ„ .� r OTHER ! NYS COMPTROLLER'S NO. 1 ADAP NO. 3-36-0029-05-92 ! ------- ------ :, ----- i ---- ! ----- --------------- -------------------------------------------------- -----------------------------------------!-------------- -----------------------... -- --- -- ---- - ----- - --- -------------------------- ---I ! ! MAT ,"TING I SPEC. i i I CONSTRUCTION CHANGE IN 1 REVISED BID I UNIT PRICE ORIGINAL ITEM REVISED ITEM ! CHANGE IN ! ! FUNDS ! 1 ITEM DESCRIPTION UNIT I BID QUANTITY QUANTITY BI TOTAL TOTAL CONTRACT i i ! N0. --------- 1 ! -;--...---- --------- ---------------I---------!- 1 QUANTITY i 1 90.00% i 7.50% i 2.50% L 110 17. 2 -in Dia RSC Reinstalled in Turf i 1.f. - - -.-------------- I 90.00 ! -64.00 ! -----------------------------;------_------ 1 126.00 1 $2.00 --.- 5380.00 ------ -- .------- ; $252.00 --- ---- -------------------------------- (8128.00)+ (5115.20) ! ---- '$9.60) 1 --,-------------. ($3.20) ! L-112 19. i Electrical Buildling I L.S. 100.00% 0.00% ! 100.00% i $40,000.00 540,000.00 $40,000.00 $0.00 ! $0.00 i $0.00 ! $0.00 i L-115 19. ! Electrical Manhole No. I I each 1 1.00 1 0. GO 1 1.00 $12,250.00 ? $12,250.00 i $12,250.00 SO.00 ! i $0.00 i $0.00 1 $0.00 ! L-il.`, 20. 1 Pull Box Reinstallation 1 each 1.0,0 ! 0.0`1 1.00 $500.00 $500.00 S50t�. C� I 50.00 ! ! $0.00 ! $0.00 ! $0.00 L-125 2i. 1 Medium Intensity R/W Edge Lights Base Mounted, in Pavement each ! 57.00 0.00 1 57.00 1 5315.00 1 517,955.00 517,955.00 i $0.00 ! 1 $0.00 1 $0.00 1 $0.00 ! L-125 22. Runway 25 Treshold Lights I L.S. 100.00% ! 0.00% ! 100.00% I :3,800.00 1 $3,800.00 83,800.00 $0.00 I ! $0.00 I $0.00 I $O.00 ! L--25 23. Airport Guidance Sign No R-2-5, I! I Base Mounted, in Pavement 1 L.S. 100.00% 0.00% 1 100.00% i 82,655.00 i $2,655.00 ! $2,655.00 ? $0.00 i ! $0.00 1 $0.00 1 $0.00 I L-125 24. 1 Airport Guidance Sign No R-2-19,: Base Mounted, in Pavement ! L.S. 100.00% ! 0.00% i 100.00% 1 52,655.00 $2,655.00 $2,655.00 $0.00 i ! $0.00 1 $0.00 1 $0.00 ! t L-125 25. ! Airport Guidance Sign No R-1-3, Base Mounted, in Turf i L.S. I i00.00% 1 0100% 1 100.00% '; $2,400.00 1 $2,400,00 $2,400.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 i ! L-125 26. 1 Airport Guidance Sign No R-1-19, 1 Base Mounted, in Turf I L.S. 100.00% 1 0.00% ! 100.00% I 52,400.00 ! 82,400.00 $2,400.00 ! $0.00 i 1 80.00 ! $0.00 1 $0.00 ! ! L-125 27. 1 Runway End Identification Light I ! System, Runway 7 End I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $8,250.00 i $8,250.00 1 $8,250.00 $0.00 i ) $0.00 i $0.00 1 $0.00 L-125 28. 1 Runway End Identification Light 1 1 I System, Runway 25 End L.S. ) 100.00% i 0.00% i 100.00% ! $8,250.00 1 $8,250.00 1 $8,250.00 80.00 1 i $0.00 1 $0.00 1 $0.00 L-125 29. 1 Runway End Identification Light I 1 (REIL) System, Runway 12 End L.S. 100.00% 1 0.00% 1 100.00% 1 $8,250.00 i $8,250.00 $8,250.00 i $0.00 i i $0.00 1 $0.00 1 $0.00 1 L-125 30. 1 Runway End Identification Light I i 1 (REIL) System, Runway 30 End I L.S. 1 100.00% 1 0.00% 1 '100.00% 1 $8,250.00 ! $8,250.00 1 $8,250.00 i $0.00 1 1 $0.00 1 $0.00 i $0.00 1 L-125 31. 1 Generic Visual Approach Descent I Indicator System, Runway 7 End I L.S. 1 100.00% ' 0.00% i 100.00% 1 $9,580.00 1 $9,580.00 1 $9,580.00 ! $0.00 1 1 $0.00 1 $0.00 ! $0.00 i 1 L-125 32. 1 Generic Visual Approach Descent I I ! i i I I 1 1 1 1 ! 1 I Indicator System, Runway 25 End I L.S. 1 100.00% ! 0.00% 1 100.00% 1 $9,580.00 ! $9,580.00 i $9,580.00 1 $0.00 ! 1 $0.00 i $0.00 1 $0.00 i I L-125 33. 1 Generic Visual Approach Descent I ! I Indicator System, Ruwnay 12 End I L.S. 1 100.00% i 0.00% ! 100.00% i $9,580.00 1 $9,580.00 i 591580.00 ! 50.00 1 i $0.00 1 $0.00 1 $0.00 L-125 34. 1 Generic Visual Approach Descent i ! Indicator System, Runway 30 End 1 L.S. 1 100.00% i 0.00% I '100.00% 1 $9,580.00 1 $9,580.00 $9,580.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 i ! L-125 35. 1 Remove Existing R/W Edge Lights I L.S. I 100.00% 1 0.00% ' 100.00% 1 $7,500.00 1 571500.00 i $7,500.00 1 $0.00 ! 1 $0.00 1 $0.00 1 $0.00 1 1 M-100 36. 1 M & P of Traffic i L.S. 1 100.00% i 0.00% 1 100.00% 1 $23,500.00 1 $23,500.00 ! $23,500.00 1 $0.00 i 1 $0.00 I $0.00 1 $0.00 ! ! M-200 37. Mobilization 1 L.S. i 100.00% ! 0.00% ! 100.00% 1 $16,000.00 1 $16,000.00 i 516,000.00 1 $0.00 ! $0.00 1 $0.00 1 $0.00 1 1 I NET CHANGE THIS PAGE (5128.00)1 ! ($115.20) 1 ($9.60) 1 (53.20) 1 EXPLANATION: I---------------------------------!---------------! I---------------I----------------i--------------I-------------1 I NET CHANGE FROM PAGE ! $0.00 i i I---------------------------------!--------------- i i ---------------!----------------!--------------!-------------I i =======-====-=====_=_=_==___ CARRIED FORWARD TO PAGE 1 1 = = -- == --- ($328.00)1 I ---------- - -- - - - ZZ -_===__=====------------------------_==_=====__==_=_=========! '$115.20) 1 ($9.60) 1 ($3.20) i I 0 Calocerinos & Spina Engineers P CHANGE ORDER NO. 1 & FINAL • PROJECT: Elizabeth Field Airport - Fisher's Island Airfield Lighting, Visual Aids and Electrical Building FAA -ATP No. 3-36-0029-05-92, N.Y.S.D.O.T. No. 0913.05 CONTRACTOR: Falvey Construction Corporation FILE: 211.004 DATE: December 1, 1992 EXPLANATION OF INCREASES AND DECREASES: Base Bid: P-152 (22) - Pavement Excavation (-3.89 s. y.) -00.40% P-620 (4) - Runway Painting (-1.393.38 s. f.) -06.10% L. 108 (8) - Cable Trenching �for the Installation of Underground Cable (-833.50 l.f.) - 09.70% L-108 (9) - No. 8 AWG 600V Tyne C Single Conductor Underground Cable +00.60% installed in trench or Duct (+816.50 11) L-108 (11) - No. 8 AWG Bare Copper Counterpoise Wire installed in Trench +08.60% including Grounding Rods and Exothermic Connections (-816.501.f.) L-110 (13) - 4 -way Electrical Duct Bank Type I (-3. 00 1. f. ) +00.40% L-110 (14) - 8 -way Electrical Duct Bank Type I (-5.00 1. f. ) -02.50% The increases and decreases in the above items are a result of the original quantities being estimates, whereas the final quantities were based on the actual field measurements. For increases and decreases in excess of 10%, please refer to the following explanations. L-108 (10) - No. 8 AWG 5KV Type C Single Conductor Underground Cable + 15.35% installed in Trench or Duct Bid Qty: 12,900.00 1. f. Final Qty: 14,880.00 U. + 1,980.00 1.f._ The increase in quantity of this item was due to insufficient quantity, contained in the Engineer's Estimate, to complete the work as specified on the plans. Specifically, cable returns were not allowed for from the light units to the mainline of the cable trench. 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 4517-1480;; .w Change Order No. 1 & Final, 211.004 Page 2 December 1, 1992 L-110 (15) - 2 -in Diameter RSC installed in Pavement -19,72% Bid Qty: 3,000.00 l.f. Final Qty: 2,408.40 Lf. - 5.91.60 l.f. L-110 (16) - 2 -in Diameter RSC installed in Turf -21.48% Bid Qty: 270.00 1. f. Final Qty: 212.00 Lf. - 58.00 Lf. The decrease in quantity of the above items was a result of the Engineer's Estimate including the quantity of the 2 -inch RSC for the REM system at the Runway Ends 7, 12, and 30, and the 2 -inch RSC being included in Item L-125. L-110 (17) - 2 -in Diameter RSC Re -installed in Turf -33.68% Bid Qty: 190.00 1. f. Final Qty: 126.001. f. - 64.00 1. f. The decrease in quantity of this item was a result of the existing 2 -inch diameter RSC being useable and not requiring removal and replacement. Explanation of Contract Modifications: P-152 (1) - Common Excavation. Area No. 1 -100.00% This item was deleted from the contract, as the change requested by the DEC resulted in the length of haul to the spoil area and the contractor submitting an unreasonable credit for this change. P-152 (1A) - Common Excavation, Area No. 1 + 100.00% This item was created to provide for the removal of a portion of the original contract item deleted above. A total of 16% of the material was removed to install the 2" RSC for the threshold lights. Therefore, 16% of the original contract price of $10,000.00, or $1,600.00, shall be paid, which is reflected in the lump sum price. SS/kw E 0 US. Department of Transportation Federal Aviation Administration ,JAN 221993 Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: V. V4 A. 181 A. JuimXn, Amua,, i2m. M5 Va bo y U., `ay 11581 RECEIVED 2 1 i z SOUthold T,,,,.„, 1,,i Elizabeth Field Airport, Fishers Island Lighting & Rehabilitation for Runways 7-25 & 12-30 VASI & REILS on R/W's 7, 25, 12 & 30 and Electrical Vault Installation - As Built Drawings - AIP Project No. 3-36-0029-05-92 This is to acknowledge that we received via a letter from your consultant, Calocerinos & Spina, dated January 14, 1993 the as -built drawings for the subject work. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer e 1 • December 30, 1992 Mr. D. Vornea Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue - Room 305 Valley Stream, New York 11581 RECEIVED �AUthlllri T - /'I... Dear Mr. Vomea: • a Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Elizabethfield-Fishers Island Airfield Lighting, Visual Aids and Electrical Building FAA-AIP No. 3-36-0029-05-92 NYS OT 091 ? -1 S Subj: Change Order No. 1 and Final File: 211.004 Enclosed for your review and approval are the original and two (2) copies of Change Order No. 1 & Final for the above -referenced project. By copy of this letter, we are also requesting approval from the New York State Department of Transportation. If you have any questions in reference to the enclosed, or if additional information is required, please do not hesitate to contact us. Very truly yours, S ENGINEERS, INC. } end Wilde Construction Records Specialist KDW/sle Enclosure cc: Mr. D. O'Rourke (w/enc.) Mr. S. Harris (w/enc.) Mr. P. Knauff (w/enc.) Mr. R. Michaud (w/enc.) Mr. M. Petranchuk (w/enc.) Ms. S. Farley (w/enc.) SPONSOR CONTRACT DESCRIPTION i CHANGE ORDER NO. : 6 FINAL I PAGE 1 OF 1 1 } ".,O%:,�TFOLD I ! -------------------------------------------------I ! COST DISTRIBUTION TAB ' i AIRFIELD LIGHTING, VISUAL AIDS 1 ELIZABETH FIELD - FISHER'S ISLAND AIRPORT I r -------------------------------------------------------- AND ELECTRICAL BUILDING - - - - --- -- l CONTRACTOR ! NYSDOT PROJECT NO. 0913.05 ! -------------------------------------------------------------i FALVEY CONSTRUCTION CORPORATION l------------------------------------------------------------ i ------------------------------------------------- ! FEDERAL i STATE I LOCAL I OTHER I I NYS COMPTROLLER'S 30. i ADAP NO. 3-36-0029-05-92 ! ! ------- i - f ----- I ----- ------------------------------------------------------------!------------------------------------------------------------i------------------------------------------------- -------------------------------------------------------- 1 ------------------------------------------------------------ i ------------------------------------------------- ! I NAT'HIRG I 1 S? C. I CONSTRUCTION I CHANGE 13 . REVISED BIv UNIT PRICE ! ORIGINAL ITEM I REVISED ITEM I CHARGE IN 4 FUNDS i I ITEM ESiiIPY.SN I UNIT I BID I QUANTITY I QUANTITY BID I TOTAL I TOTAL I CONTRACT I I I I NO. I ----------- ---------------------------------- !--------- 1 QUANTITY !-------------- 1------------- I-------------- I---------------- i I 1 1 ---------------- 90.001 I 7.501 1 2.595 I -.P-1521. 1 Common Excavation, Area No. 1L.S. 1 100.001 1 -100.001 ! 0.001 1 810,000.00 )---------------- i --------------- 1 1---------------i----------------!--------------I------------- ! $10,000.00 1 $0.00 i (8101000.00)1 1 (89,000.00) 1 (8750.00) 1 -------------P-152 (8250.00) 1 I ' P-152 IA. I Common Excavation, Area No. 1 I L.S. 1 0.001 1 100.001 1 100.001 1 $1,600.00 1 $0.00 1 81,600.00 1 81,600.00 1 1 $1,440.00 ! $120.00 i 840.00 ! t P-152 2. 1 Pavement Excavation (Bit Conc) I s.y. 1 900.00 1 -3.89 1 996.11 1 $3.00 1 $2,700.00 I $2,688.33 ; (811.67)1 i (810.50) 1 (80.88) 1 (80.29) ! ,.P-612 3. 1 Field Office I L.S. 1 100.001 1 0.001 1 100.001 1 $18,200.00 I $18,200.00 1 818,200.00 1 $0.00 1 i $0.00 I $0.00 I 80.00 I 1 7 P-620 4. 1 Rway Painting I s.f. 1 23,000.00 1 -1,393.38 I 21,606.62 1 $0.50 1 811,500.00 1 $10,803.31 1 (8696.69)1 1 (8617.02) 1 (852.25) ! (817.42) i I L-102 S. I Electrical Bldg Electric Service I L.S. I 100.001 1 0.001 1 100.008 1 $9,000.00 ! $9,000.00 1 $9,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I )L-106 6. 1 Segmented Circle i L.S. 1 100.002 1 0.002 1 100.001 1 $15,300.00 1 $15,300.00 1 $15,300.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I *� L-107 7. 1 Lighted Wind Cone 1 L.S. 1 100.002 1 0.002 1 100.002 1 816,700.00 i $16,700.00 1 $16,700.00 1 80.00 1! $0.00 1 $0.00 1 $0.00 1 1 L-108 8. 1 Cable Trenching for the Instal- I I I ! I I 1 I I I I I I I I lation of Underground Cable I l.f. ! 8,600.00 1 -833.50 1 7,766.50 1 $2.25 ! 819,350.00 1 $17,474.63 1 (81,875.38)1 1 (81,687.84) 1 (8140.65) 1 (846.88) 1 f L-108 9. 1 No 8 AVG 6009 Type C Single Con- I I I ! . I doctor Underground Cable Instal- I I I I I led in trench or Duct I l.f. 1 28,300.00 1 163.50 1 28,463.SD f 80.38 ! $10,754.00 1 $10,816.13 1 $62.13 1 i $55.92 1 $4.66 1 81.55 I ! L-108 10. 1 No 8 AVG SKV Type C Single Con- I 1 1 ! I l I I 1 1 1 i ; I I ductor Underground Cable instal- i I I i I I I i I I I i I I 1 led in Trench or Duct ! " l.f. 1 12,900.00 1 1,980.00 1 14,880.00 1 $0.38 84,902.00 1 $5,654.40 ; $752.40 ; 86777.16 I $56.43 1 $18.81 ! I L-108 11. 1 No 8 AVG Bare Copper Counter- 1 I poise Vire instal -'ed in Trench I ! I 4 1 1 ! I !! 1 ! I I 1 I including Grounding Rods and I ! I I I I Exothermic Connections ! 1.f. I 9,SOO.00 i 819.50 1 10,316.50 1 $0.28 ; $2,660.00 i $2,888.62 1 $228.62 1 1 $205.76 1 $17.15 1 $5.72 I L-109 12. 1 Installation of Airport Electric I f I Building Equipment, in Place I L.S. 1 100.001 t 0.001 1 1.00 1 830,000.00 1 $30,000.00 1 830,000.00 1 $0.00 1 1 $0.00 1 80.00 1 80.00 ! ! L-110 13. 14 -say Electrical Duct Bank T-1 I I.f. 1 700.00 1 -3.00 1 697.00 1 $55.00 1 $38,500.00 1 $38,335.00 1 ($165.00)1 1 (8148.50) 1 (812.38) 1 (34.13) !- L-110 14. I- 8-eay Electrical Duct Bank T-1 I 3.f. 1 200.00 1 -5.00 1 195.00 1 870.00 1 $14,000.00 1 $13,650.00 1 (8350.00)1 1 ($315.00) 1 (826.25) i (88.75) 1 I L-110 15. 12 -in Dia RSC instl'd in Pavement I Lf. 1 3,000.00 1 -591.60 1 2,408.40 1 $4.00 1 812,000.00 1 $9,633.60 1 (82,366.40)1 1 (82,129.76) I (817.48) 1 ($59.16) ! I L-110 16. 1 2 -in Dia RSC installed in Turf I Lf. 1 270.00 i -52.00 1 212.00 1 $2.00 ! 8540.00 1 $424.00 1 (8116.00)1 i (8104.40) ($8.70)-1 (82.90) ! ! sve-: e:aavavvaaveaa-vacanvaee:aneaannaaa v: can eneene: eveeea e.ve.vaveveveevaaeeeca avaaae e===n-ecaaea=======annvaeecan:laaa: ae::eene:ane:=aa`==__:==:=na; nnnen a=:=__: __; I====Oe. cannaaa:l======e-a-na---a;=:===enn-eee:a; ::=nnaae:aaaat CURRENT COIIYHACT TIE LIMIT:- -60 1 CURRENT CONTRACT TOTAL - - 8 419,421.00 1 RET CHANGE THIS PAGE 1 (812,937.99)1 1 ($11,644.19) ! ---------------- (8970.35) 1 (8323.45) 1 1 ------------- fCRANGE IN TIME, MS ORDER •1 0 1 NET CHANGE, THIS ORDER 8 -13,065.99 1 NET CHANGE CARRIED FORWARD 1 (8128.00)1 1 (8115.20) 1 (89.60) 1 (33.21) ' --------------------------------------------------------i------------------------------------------------------------ 'REVISED CONTRACT TI!fE LIMIT: ---- --------- v--------------vaanxa-ca ^nvea:aneavx=zea-ena 60 a_aeena::aaa 1 REVISED CONTRACT TOTAL $ n--aaanavanee=nee nc ann:aa:neeexcan=:veva=:enau-ereveeneer_nee:xear. 406,355.02 I --------------------------------- ! --------------- ! !--------------- 1 NET CHANGE, TOTAL - - f -($13,065_99)1 1 r'------------ (811,759.39) 1 - ($979.95) 1 ------------- (8326.651 1 t ESPLANATION: caevene=:==_:__-_----... --------_----• :-:en=men_ I I anva r_ca-_anr_aavnaeae:=a:a STATE USE ====anvanar_n:_ _aavvl ! See attached. ! ! ! If ! ----------------------------------------------------------------------------------------------------------------------------------------------------------------------i RECONNF.NDED BY DIVISION HANAGER ; SPONSOR'S ACCEPTANCE I1 I I CONTRACTOR'S ACCEPTANCE ! 1 ! tL'• _ k Fly I APPROVED / s �,.,. i I I ----------------------------------------------------------- APPROVED % L� I I FEDERAL USE --1 4 f Scott Louis Harris DIVISION MANAGER ! TITLE Supervisor, Town of Southold TITLE TITLE I I y i !� er . �► - I DATE December 22, 1992 1 CORP. NAMElMk _.Y, r :�A'w I ! DA I DATE ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ , e:CNSOR r,'NTRA'T -^F-SCKP7:^,N "ANGE ORDER NO. 3 FINAL ?ASE -' C" 2 .00 C,-' -------------------------------------------------- 'AB AIRFIELD LIGHT133, V:S'.A'L AIDS ELIZABETH FIELD -FISHER'S ISLAND AIRPORT - ------------------------------------------ ------------- AND ELECTRICAL 2TU'l-'03 ------------------------------------------------- C11N7.RAC:^1R SYSCOT ?R03E!7 NO. 0913.05 ------------------------ ------------------------------------- FALVEYCORP'FATION I -------------------------------------------------------------------------------------------------------------- FEDERAL SIA -7- I " I NYS COMPTROLLER'S NO. ADAP NO. 3-36-0029-05-92 ------- --------------- ----------- ----------------------------- ---------------- --------------- ----------------------------- -------------------------------------------- ------ CCNSTRUCTION 1 T ""A,%,ES -D ;NIT PNCE ORIGNAL 'TEM REVISED '77-H CHANGE iN 'XT .ANT17Y B!" -37ALI TOTAL "ON7P.AC- ------------------ --------------------------- --------- QUANTITY -------------- ------------- ------------------------------- 90.^01 2.505 L-UO 17. : 2-..n %a iSC Reinstalled in 'urf I -.f. I 1190.00 I -64.CO 126.00 i $2.00 ----------------`---------------- $380.00 ---------------- 5252.00 i --------------- 13128.00)1 ---------- f$ii5-11) ----- ----------------------------- L-112 18. 1 Electrical Buildling L.S. 100.00% 1 0.013 $40,000.00 $40,000.00 $40,000.00 $0.00 1 1 $0.00 CO $0. L -IIS 19. 1 Electrical lannole No. 1 1 each 1 1.00 1 O.Co 1.00 312.250.0 S1212110.00 sl2,250.00 $0.00 1 $0.00 2O.CO 30.00 1 L-115 20. 1 %71 Box Reinstallation each 1.00 i 0.0 1.00 SSOO.00 $500.00 $500.CO I $0.00 1 1 SO.'" Z-10 $0.00 L-125 21. i _.tensity R/V Edge Lights i I I case *oucted, in Pivennit 1 each 1 57.00 0.110 1 57.00 3315.30 .1171955.00 i $17,955.00 $0.00 1 $0.00 i iO.CO i $0.00 L-125 22. 1 Runway 25 7resnold Lights 1 L.S. 100.00% 1 0.002 1 i00.001 1 $3,800.00 $3,800.00 i $3,800.03 $0.00 1 $0.00 1 30.00 1 80.08 i L-IZS 23. 1 Airport Guidance Sign No R-2-5, i 1 Base Mounted, in Pavement I L.S. 100.00% 0.001 1 100.00% i $2,655.CO $2,655.00 1 $2,655.00 1 $0.00 1 L-125 24. 1 Airport Guidance Sign No R-2-19, I Base Mounted, in Pavement I L.S. 100.002 1 0.001 1 100.001 1 $2,655.00 52,655.0 1 $2,655.00 1 $0.00 $0.00 1 L-125 251. 1 Airport Guidance Sign No R -I-3, I I 5ase Mounted, in turf I L.S. I i0o.00% 1 0.001 i 100.00% t $2,400.00 $2,430.00 1 $2,400.00 l $0.00 i 1 $0.00 SO.C3 SO.CO, I L-125 26. 1 Airport Guidance Sign No 1-1-19, I 'Base Mounted, in Turf I L.S. I 100.001 0.002 1 100.00% 1 52,400.00 $2,400.00 $2,400.00 $0.00 1 $0.00 $3.0c $0.0' *125 27. 1 Runway End Identification Light System, Runway 7 End L.S. 100.00% I O.COZ 100.00% i $8,250.00 i $8.250.00 $8,250.00 50100 i $0.00 $0.00 90.00 L-125 28. 1 Runway End Identification Light i i I System, Runway 25 End L.S. 1 1100.001 1 0.00% i 100.001 1 $8,250.00 $8,250.00 J $8,250.00 1 $0.00 1 1 $0.00 1 $0-C $0.00 L-125 429. 1 Runway End Identificatica Light i I (RETL) System, Runway 12 End L.S. i00.001 1 0.00% 1 100.00% i $811450.00 $8,250.00 1 $8,250.00 1 .60.00 1 i $0.00 i 3u.C^l $0.00 zL-125 30. 1 Runway End identification Light I (REII.) System, Runway 30 End L.S. 1 100.00% 1 0.00% 1 100.002 1 $8,250.00 i $8,250.00 i $8,250.00 i $0.00 1 $0.00 1 SOXO $0.00 1 L-125 31. Generic Visual Approach Descent I 1 Indicats.- System, R-anwav 7 End I L.S. I 100.00% 0.001 100.00% 1 $9,580.00 I 89,580.00 i $9,580.00 1 $0.00 1 1 $0.00 i $0.00 7 $0.00 i L-125 32. 1 Generic visual Approach Descent I Runway 25 End L.S. I '-00 ,00% 1 0.001 f :00.00% 1 $9,580.00 $914180.0 i 89,580.00 110.0 1 $0.00 1 "S 33. I Generic 'Visual Approach Descent I Indicator System, Ruwnay 72 End L.S. 100.001 I 0.00% I i00.001 1 $9,580.00 99,580.0 $9'530.80 30.0; $0.00 34. 1 G-reri-- Visual Approach Descent 5yste3, Rinway 30 End L.S. 1 100.005 0,^^% !00.00% 39'sc-0.2 $91580.11 $9,580.00 $0.00 1 8040 $0.00 30. L-',25 15. 8-100 36. i Rmove -'Xstinc R!W Edge Lights 1 M & P L.S. L.S. I i 100.00% i O. Of;% i0.00% i 100.00% 1 $7,500.CO 323,500.00 S7,500.00 S23,500.C3 $7,500.00 323,500.00 i $1.00 1 sO.CO i 1 80.1^0 $0.00 $0.00 1 M-200 37. Moll! 1.zar:cn. L.S. :00.00% 0.03% 11 1100.00% i $16,000.00 $16,000.0 1 $16,000.00 1 30.0.^ 1 i $O.CO $O.CO i NET CHANGE THIS PAGE EXPLANATION: --------- ---------- -------------- ---------------!---------------!----------------•--------------'-------------' NET CHANGE FROM ---------------------------------!---------------! PAGE $O.CO I I I CARRIED FORVARD 10 PAGE 1 -------------------------------- 9129.001% 9115.20) -------------- ------------- CHANGE ORDER NO. i & FINAL PROJECT: Elizabeth Field Airport - Fisher's Island Airfield Lighting, Visual Aids and Electrical Building FAA-AIP No. 3-36-0029-05-92, N.Y.S.D.O.T. No. 0913.05 CONTRACTOR- Falvey Construction Corporation FILE: 211.004 DATE: December 1, 1992 EXPLANATION OF INCREASES AND DECREASES: P-152 (2) - Pavement Excavation (-3.89 s. y.) -00,40% P-620 (4) -Runway Painting (-1,393.38 s.f.) -06.10% L-108 (8) - Cable Trenchinzfor the Installation of Underground Cable (-833.501.f) - 09.70% L-108 (9) - No 8 AWG 600V Tv, pe C Single Conductor Underground Cable +00.60% installed in trench or Duct (+816.50 Lf.) L-108 (11) - No. 8 AWG Bare Copper Counterpoise Wire installed in Trench + 08.60 including Grounding Rods and 'Exothermic Connections (-816.501.f `` L-110 13) - 4-wav Electrical Duct Bank Tye 10.00 l.f.�_ _ +00.40% L-110 ( 14) - 8-way_Electrical Duct Bank Tvoe 1 (-5.0011.) -02.50% The increases and decreases in the above items are a result of the original quantities being estimates, whereas the final quantities were based on the actual field measurements. For increases and decreases in excess of 10%, please refer to the following explanations. L-108 (10) - No. 8 AWG 5KV Type C Single Conductor Underground Cable + 15.35% installed in Trench or Duct Bid Qty: 12,900.001. f. Final Qty: 14,880.00 Lf. + 1,980.00 Lf. - The increase in quantity of this item was due to insufficient quantity, containers in the Engineer's Estimate, to complete the work as specified on the plans. Specifically, cable returns were not allowed for from the light units to the mainline of t�'ie cable trench. 10 0 CJCL`£nCCI !�L� h NIS ! _`✓e }. i. t 1 ..,. :1 1 i57-E,i„ ; X f3jc. Change Order No. 1 & Final, 211.004 Paae 2 December 1, 1992 L-110 (15) - 2 -in Diameter RSC installed in Pavement - 19,72% Bid Qtv: 3,000.00 Lf. Final Qty: 2,408.40 Lf. - 5.91.60 Lf. L-110 (16) - 2 -in Diameter RSC installed in Turf -21.48% Bid Qty: 270.00 Lf. Final Qty: 212.00 Lf. - 58.00 Lf. The decrease in quantity of the above items was a result of the Engineer's Estimate including the quantity of the 2 -inch RSC for the REIL system at the Runway Ends 7, 12, and 30, and the 2 -inch RSC being included in Item L-125. L-110 (17) - 2 -in Diameter RSC Re -installed in Turf -33.68% Bid Qty: 190.00 L f. Final Qty: 126.00 Lf. - 64.00 Lf. The decrease in quantity of this item was a result of the existing 2 -inch diameter RSC being useable and not requiring removal and replacement. Explanation of Contract Modifications: P-152 (1) - Common Excavation, Area No. 1 -100-00% This item was deleted from the contract, as the change requested by the DEC resulted in the length of haul to the spoil area and the contractor submitting an unreasonable credit for this chane. P-152... OA) - Common Excavation, Area No. 1 + 100.00% This item was created to provide for the removal of a portion of the original contract item deleted above. A total of 16% of the material was removed to install the 2" RSC for the threshold lights. Therefore, 16% of the original contract price of $10,000.00, or $1,600.00, shall be paid, which is reflected in the lump sum price. ss/kw JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER E • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 28, 1992 Karen D. Wilds Construction Records Specialist Calocerinos 8 Spina Engineers, P.C. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island - Elizabeth Field Airfield Lighting, Visual Aids and Electrical Building Dear Ms. Wilds: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Enclosed are two executed originals of the first and final Change Order for the above -referenced project, all in accordance with your instructions of December 14, 1992 to Mr. Knauff. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting 8 Finance 0 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 22, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the first and final Change Order for the Fishers Island, Elizabeth Field Airfield Lighting, Visual Aids and Electric Building project, which change order results in a $13,065.99 decrease in the contract amount; said change order is in accordance with the recommendation of Calocerinos & Spina, P.C. , the Town's engineers for the project. Judith T. Terry Southold Town Clerk December 23, 1992 C0%1FAC-' DESCRIPTION I CHANGE ORDER N0. 1 6 FINAL I PAGE - 1 OF I I I i------------------------------------------------- I I COST DISTRIBUTION TAB ! I AIPFIELD LIGHTING, VISUAL AIDS I ELIZABETH FIELD - FISHER'S ISLAND AIRPORT I I -------------------------------------------I AND ELECTRICAL BUILDING I -------------------------------------------------I I 1 I NYSDOT PROJECT NO. 0913.05 I 1---•-------------------------------------------- ' FCTiC:N COPP0'RATION I------------------------------------------------------------ I ------------------------------------------------- I I FEDERAL I STATE I LOCAL I OTHER I I NYS COMPTROLLER'S NO. I ADAP NO. 3-36-0029-05-921 1 ------- I I ----- I ----- i - .. ------------------------------------ I------------------------------------- ---------------------- I------------------------- - I I I I MATCHING I J 1 I I CONSTRUCTION I CHANGE IN I REVISED BID I UNIT PRICE I ORIGINAL ITEM I REVISED ITEM I CHANGE IN 11 I 1 FUNDS I I ^ESCRIPTION I UNIT I BID I QUANTITY . I QUANTITY I BID I TOTAL I TOTAL I CONTRACT I I I I I --------------------------------I- I -------1--------------I-------------I--------------I----------------I----------------I----------------I---------------I I QUANTITY I I I I 1 I 1 1 90.00% 1 7.50% 1 2.50% 1 J 52 1. Common Excavation, Area No. 1 L.S. 1 100.00% 1 -100.00% 1 0.00% 1 $10,000.00 1 $10,000.00 1 $0.00 1 (9101000.00)1 I --------------- I ---------------I-------------- 1 (99,000.00) 1 (9750.00) ! I ------------- ($250.00) 1 I 1 . :5: !A. 1 Common Excavation, Area No. 1 1 L.S. 1 0,00% 1 100.00% 1 100.00% 1 $1,600.00 1 $0.00 1 81,600.00 I $1,600.00 I I $1,440.00 I 91X.00 I $40.00 I I .-2 2. 1 Pavement Excavation (Bit Conc) I s.y. 1 900.00 1 -3.89 1 896.11 1 $3.00 1 $2,700.00 1 $2,688.33 1 ($11.67)1 1 ($10.50) 1 ($0.88) 1 (60.29) 1 ! t1:: 3. 1 Field Office I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $18,200.00 1 $18,200.00 1 $18,200.00 1 90.00 1 1 $0.00 1 $0.00 1 SC.00 I 1 • ::) 4. 1 Runway Fainting I s.f. 23,000.00 I -1,393.38 1 21,606.62 1 $0.50 1 $11,500.00 1 $10,803.31 1 (8696.69)1 1 ($627.02) 1 ($52.25) 1 (517.42; I ! "12 1. 1 Electrical Bldg Electric Service I L.S. 100.00% 1 0.00% 1 100.00% I $9,000.00 1 $9,000.00 1 $9,000,00 1 $0.00 1 1 $0.00 I $0.00 1 $0.00 1 I 6 6. 1 Seg.^ented Circle I L.S. 1 100.00% 1 0.00% 1 107.00% 1 $15,300.00 1 $15,300.00 1 815,300.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 I I 11'77. ! Lighted Wind Cone I L.S. I 00.00% I O.00X I 100.OQX I 96,700.00 I $16,709.00 1 $16,700.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I J '"E °. I Ca91e Trenching for the Instal- i I I I I I I I I I I I I I lation of 7ndergro�md Cabe I l.f. ! 8,600.00 1 -833.50 1 7,766.50 1 $2.25 1 $19,350.00 1 $17,474.63 1 (81,875.38)1 1 (91,687.84) 1 ($140.65) 1 ($46.88) 1 I S 9. I No B AWG 600V Type C Single Con- I I I I I I I I I I I 1 I 1 J I ductor Ur.derground Cable Instal- 1 i I I I I I I I I 1 I I ! • I ler in Trench or Duct I l.f. 1 28,300.00 1 163.50 1 28,463.50 1 90.38 1 810,754.00 1 $10,816.13 1 $62.13 1 1 $55.92 1 $4.66 1 $1.55 ! I E .?. I No 8 AWG SKV Type C Single Con- I I I I I I I I t l I I I J I ductor, Urderground Cable instal- 1 1 I I I I I I I I I I I led in Trench or Duct I l.f. I 12,900.00 1 1,980.00 1 14,880.00 1 $0.38 1 $4,902.00 1 $5,654.40 1 $752,40 1 1 $677.16 1 856.43 1 918.81 I I I No 8 AWG Bare Copper Counter- I II I I I I I I I I I J ! poise Wire installed in Trench I I I I I I I I I I I I 1 inrluding Grounding Rods and I I I I I I I I I I I I I I Exothermic Connections I l.f. 1 9,500.00 1 8:6.50 1 10,316.50 1 $0.28 1 $2,660.00 1 $2,888.62 1 $228.62 1 1 $205.76 1 817.15 1 $5.72 1 I J I Installation of Airport Electric I I I I I I 1 I 1 1 I I I I B.!ilding Equipment, in Place I L.S. 1 1.00.00% 1 0.00% 1 1.00 1 $30,000.00 1 830,000.00 1 $30,000.00 1 $0.00 1 1 $0.00 1 $0,00 1 $0.00 1 I 13. 14 way Electrical Duct Bank T 1 I l.f. I 700.00 -3.00 1 697.00 1 $55.00 1 $38,500.00 1 $38,335.00 1 (8165.00)1 1 (9148.50) 1 ($12.38) 1 (54.13) 1 I !1,, !4. i 8 -way Electrical Duct Bank T-1 I l.f. 1 200.00 1 -5.00 1 195.00 1 $70.00 1 $14,000.00 1 $13,650,00 1 ($350.00)1 1 (5315.00) 1 ($26,25) 1 ($8.75) 1 I '9 IS. 1 2 -in Dia RSC instl'd in Pavement. I l.f. 1 3,000.00 1 -591.60 1 2,408.40 1 $4.00 1 $12,000.00 1 $9,633.60 1 ($2,366.40)1 1 (82,129.76) 1 (9177.48) 1 ($59.16) 1 I • i!0 16. ! 2 -in Dia RSC installed in Turf I l.f. 1 270.00 1 -58.00 1 212,00 1 $2.00 1 $540.00 1 $424.00 1 ($116.00)1 1 ($104.40) 1 ($8.70) 1 (82.90) 1 I 21RENT CONTRACT TIME LIMIT.: 60 1 CURRENT CONTRACT TOTAL $ 419,421.00 1 NET CHANGE THIS PAGE 1 ($12,937.99)1 1 ($11,644.19) 1 ($970.35) ! (3323.45) ! I ------------------------------ ----------------------- I ------------------------------------------------------------ I--------------------------------- I---------------I I--------------- I ---------------- I--------------I------------- ------------'�:RS"E • I �'A':-,EIN T:'!E, TFIS CRDFR -/- 0 1 NET CHANGE, THIS ORDER $ -13,065.99 1 NET CHANGE CARRIED FORWARD 1 ($128.00)1 1 ($115.20) 1 ($9.60) 1 03.201 1 I ----------------------- - ------------------------------- =..V:SED CONTRACT TIME LIMIT: 60 I ----------------------------------------------------------- 1 REVISED CONTRACT TOTAL $ 406,355.02 I --------------------------------- I --------------- I I 1 NET CHANGE, TOTAL 1 ($13,065.99)1 1 --------------- I---------------- (911,759.39) 1 I-------------- (8979.95) 1 I-------------I (8326.65) 1 "IANATICN: I I STATE USE I •J See attached. II I I 1 ! it II I -----------------------------------------------------------------------------------------------------------------------------------------------------------------------i =E OMMFNDFD BY DIVISION MANAGER I SPONSOR'S ACCEPTANCE I CONTRACTOR'S ACCEPTANCE I I I I 1 1 J r O I APPROVED �� � I APPROVED _ I I % I f ------------------------------------------------------------- FEDERAL USE I t Scott✓ Louis Harris ! II DIVISION MANAGER I TITLE Supervisor, Town of Southold I TITLEc�yti I I ! 1 TITLE I I I 1 V ai l7ec 12- I DATE December 22, 1992 I CORP. NAME'r/e -' I I 1 DATE I I I I DATE �� I I -------------------------------------------------------------------------------------------------------------------- =% --------------------------------------------------------------------------------- i • 11 I CONTRACT DESCRIPTION I CHANGE ORDER NO. 1 & FINAL I PAGE 2 OF 2 1 1 ------------------------------------------------- COST DISTR:BUTION -0 I AIPFIELD LIGHTING, VISUAL AIDS I ELIZABETH FIELD - FISHER'S ISLAND AIRPORT I I --- ------------ ----------------I AND ELECTRICAL BUILDING -------------------------------------------------I I NYSSDOT PROJECT NO. 0913.05 I I ---------------------------------------------•--------------I i ,.,.T,r,,; '7,"PORATION------------------------------------------------------------ I I I ------------------------------------------------I I FEDERAL I STATE I L'CAL I OTHER - I NYS COMPTROLLER'S NO. I ADAP NO. 3-36-0029-05-92 1 1 ------- I------------------------------------------------------------ I ------------------------------------------------- I I I I ?ACHING I I CONSTRUCTION I CHANGE IN I REVISED BID I UNIT PRICE I ORIGINAL ITEM I REVISED ITEM I CHARGE IN I I I I FUNDS I DESCRIPTION I UNIT I BID I QUANTITY - I QUANTITY I BID I TOTAL I TOTAL I CONTRACT I I -----------------­-------- --------- I QUANTITY I -------------- I i I ------------- I -------------- I ---------------- I I 1 1 90.00% 1 7.501 1 2.50% �,r 17. 1 2 in Dia RSC Reinstalled in Turf I I.f. 1 190.00 1 -64.00 1 126.00 1 $2.00 1 ---------------- 9380.00 ---------------- --------------- 1 $252.00 1 ($128.00)1 1 --------------- ($115.20) I ---------------- 1 ($9.60) I -------------- ------------- 1 ($3,20) 1 1:2 -i Electrical Buildling I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $40,000.00 1 $40,000.00 1 $40,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.90 I -15 17. I Electrical Manhole No. 1 1 each 1 1.00 1 0.00 1 1.00 1 $12,250.00 1 $12,250.00 1 $12,250.00 1 $0.00 1 1 80.00 1 $0.00 1 10.00 I ::1 1 Pull Box Reinstallation I each 1 1.09 1 0.00 1 1.00 1 $500.00 1 $500.00 1 $500.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 I Medium intensity R/W Edge Lights I I I I I I I I I I I I case Ir,unted, in Pavement I each 1 57.00 1 0.00 1 57.00 1 t315.00 1 $17,955.00 1 817,955.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 25 22. Runway 25 Treshold Lights I L.S. 1 1100.00% 1 0.00% 1 100.00% 1 $3,800.00 1 $3,800.00 1 $3,800.00 1 $0.00 1 1 80.00 1 $0.00 1 $0.00 1 11. I Airport Gu3dance. Sign No R-2-5, I I Ease Mounted, in Pavement I L.S. I 100100% 1 0.00% 1 100.001 1 $2,655.00 1 $2,655.00 1 $2,655.00 1 $0.00 1 1 00.00 1 $0.00 1 $0.00 1 '.4, Airport Guidance Sign No R-2-19, I I I I I I I . I I I I I I Ba -P Mounted, in Pavement I L.S. 1 100.001 .1 0.00% 1 100.00% 1 $2,655.00 1 $2,655.00 1 $2,655.00 1 00.00 1 1 $0.00 1 $0.00 1 40.00 1 I Airport Guidance Sign No R-1-3, I I I I I I I I I I I I I I Base Mounted, in Turf I L.S. 1 100.00% 1 0.00% 1 100.001 1 $2,400.00 1 $2,400.00 1 $2,400.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 "6. 1 Airport Guidance Sign No R-1-19, I I I I I I I I I I I I I I Base Mounted, in Turf I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $2,400.00 1 $2,400.00 1 $2j400.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 725 7. 1 Runway End Identification Light I I I I I I I I I I I I I I System, Runway 7 End I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $8,250.00 1 $8,250.00 1 $8,250.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 125 29. 1 Runway End Identification Light I I I I I I I . I I I I I I I System, Runway 25 End I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $8,250.00 1 $8,250.00 1 $8,250.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 17.5 29. 1 Runway End Identification Light I I I I I I I I I I I I I I (REIL) System, Runway 12 End I L.S. 1 100.00% 1 0,00% 1 100.00% 1 $8,250.00 1 $8,250.00 1 $8,250.00 1 $0.00 1 1 $0.00 1 80.00 1 $0.00 1 ! Runway End Identification Light I I I I I I I I I I I I I I I (REIL) System, Runway 30 End I L.S. 1 100.00% 1 0.001 1 100.001 1 $8,250.00 1 08,250.00 1 $8,250.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 V I 25 31. 1 Generic Visual Approach Descent I I I I I I I I I I I I I I I Indicator System, Runway 7 End I L.S. 1 1100.00% 1 0.00% 1 100.001 1 $9,580.00 1 09,580.00 1 $9,580.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 L-5 32. 1 Generic Visual Approach Descent I I I I I Indicator System, Runway 25 End I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $9,580.00 1 $9,580.00 1 $9,580.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 125 33. 1 Generic Visual Approach Descent I I I I I I I I I I I I 1 Indicator System, Ruwnay 12 End I L.S. 1 100.00% 1 0.00% 1 100.001 1 $9,580.00 1 $9,580.00 1 $9,580.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 '-125 134. 1 Generic Visual Approach Descent I I I I 1 1 1 1 1 1 1 1 1 1 I Indicator System, Runway 30 End I L.S. 1 100.00% 1 0.00% 1 100,00% 1 $9,580.00 1 $9,580.00 1 $9,580.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 L-125 35. I Remove Existing R/W Edge Lights I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $7,500.00 1 $7,500.00 1 $7,500.00 1 $0.00 1 1 $0.00 1 00.00 1 $0.00 1 M-100 2n 36. 1 37. I M & P of Traffic Mobilization I L.S. I L.S. 1 100.00% 1 :00.00% 1 0.001 1 1 0.00% 1 100.00% 1 100.00% 1 $23,500.00 1 $16,000.00 1 $23,500.00 $16,000.00 1 $23,500.00 1 1 $16,000.00 1 $0.00 1 1 $0.00 1 1 $0.00 $0.00 1 $0.00 1 $0.00 1 $0.00 1 1 $0.00 1 r w EXPLANATION: I NET _CHANGE _THIS ----I PAGE I. 0128.001 1 ($115.20) 1 ($9.60) 1 03.20) 1 NET CHANGE FROM PAGE _ 1 $0.00 1 1 1 I---------------------------------I---------------I I ---------------I---------------- -------------- ------------- I CARRIED FORWARD TO PAGE -1- 1 ($128.00)1 1 ($115.20) 1 (89.60) f ($3.20) 1 11 0 C�i Cafocerinos & Spina Engineers. P.C. CHANGE ORDER NO. 1 & FINAL PROJECT: Elizabeth Field Airport - Fisher's Island Airfield Lighting, Visual Aids and Electrical Building FAA-AIP No. 3-36-0029-05-92, N.Y.S.D.O.T. No. 0913.05 CONTRACTOR: Falvey Construction Corporation FILE: 211.004 DATE: December 1, 1992 EXPLANATION OF INCREASES AND DECREASES: Base Bid: P-152 (2) - Pavement Excavation (-3.89 s.y.) -00.40% P-620 (4) - Runway Painting (-1.393.38 s.f.) -06.10% L-108 (8) - Cable Trenching for the Installation of Underground Cable (-833.501. f.) - 09.70% L-108 (9) - No. 8 AWG 600V Type C Single Conductor Underground Cable +00.60% installed in trench or Duct (+816.50 l.f.) L-108 (11) - No. 8 AWG Bare Copper Counter__poise Wire installed in Trench +08.60% including Grounding Rods and Exothermic Connections (-816.50 I.f.) L-110 (13) 4 -way Electrical Duct Bank Type I (-3.001. f.) +00.40% L-110 (14) - 8 -way Electrical Duct Bank Type I (-5.001. f.) -02.50% The increases and decreases in the above items are a result of the original quantities being estimates, whereas the final quantities were based on the actual field measurements. For increases and decreases in excess of 10%, please refer to the following explanations. L-108 (10) - No. 8 AWG 5KV Type C Single Conductor Underground Cable + 15.35% installed in Trench or Duct Bid Qty: 12,900.00 1.f. Final Qty: 14,880.00 l.f. + 1,980.00 1.f. - The increase in quantity of this item was due to insufficient quantity, contained in the Engineer's Estimate, to complete the work as specified on the plans. Specifically, cable returns were not allowed for from the light units to the mainline of the cable trench. 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 457-9803 • Change Order No. 1 & Final, 211.004 Page 2 December 1, 1992 • C -S L-110 (15) - 2 -in Diameter RSC installed in Pavement -19,72% Bid Qty: 3,000.00 l.f. Final Qty: 2,408.40 Lf. - 5.91.60 Lf. L-110 (16) - 2 -in Diameter RSC installed in Turf -21.48% Bid Qty: 270.00 1. f. Final Qty: 212.00 Lf. - 58.00 Lf. The decrease in quantity of the above items was a result of the Engineer's Estimate including the quantity of the 2 -inch RSC for the REIL system at the Runway Ends 7, 12, and 30, and the 2 -inch RSC being included in Item L-125. L-110 (17) - 2 -in Diameter RSC Re -installed in Turf -33.68% Bid Qty: 190.00 1. f. Final Qty: 126.00 Lf. - 64.00 1. f. The decrease in quantity of this item was a result of the existing 2 -inch diameter RSC being useable and not requiring removal and replacement. Explanation of Contract Modifications: P-152 (1) - Common Excavation, Area No. 1 -100.00% This item was deleted from the contract, as the change requested by the DEC resulted in the length of haul to the spoil area and the contractor submitting an unreasonable credit for this change. P-152 (l A) - Common Excavation, Area No. 1 + 100.00% This item was created to provide for the removal of a portion of the original contract item deleted above. A total of 16% of the material was removed to install the 2" RSC for the threshold lights. Therefore, 16% of the original contract price of $10,000.00, or $1,600.00, shall be paid, which is reflected in the lump sum price. SS/kw C S RECEIVED Calocerinos & Spina DEC 2 1992 )gineers. P 1 Mr. Phil Knauff R e Ferry District Commissioner Fisher's Island Ferry District Foot of State Street New London, CT 06320 Fisher's Island - Elizabeth Field Airfield Lighting, Visual Aids and Electrical Building File 211.004 At 'nt!0�1 Date: December 14, 1992 'Ve are sending yOu _. X r''erewith tinder SF' `,grat ' r "✓r° 3 Two originals of the first and final Change Order, for the above -referenced project. ao',,✓e -are for- 1n?7orrratlor-t X a3 Dro;,Fal. Construction _ :tether I r, I/IskC?r' After approval, please return both signed Change Orders to the attention of the undersigned, for further execution. If you have any questions, please feel free to contact us. f F= r,c,', )sed are not as noted; please notify us at once KaVpn D. Wilds Construction Records Specialist KDW/sle WO Seventh North Street, Liverpool, NY 13088-6199 (315) 4.=74F;7 i 1 s 1. FALVEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 December 8, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Karen D. Wilds Construction Records Specialist Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 TEL 203/663-1695 FAX 203/663-2719 RECEIVED DEC 1 1 1992 SnuthnW T_..._ r^I_L In reference to the above -captioned project, enclosed please find two executed originals of the first and final change order for your processing. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nja Enclosures CC: Charles McDermott - C&S Phil Knauff - F.I. Ferry Dist. `�ott Harris - Town of Southold `Scott Shova - C&S James Leana - C&S Larry Cerretani - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/execute.co CA . •FALVEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 Novemb?r_ 24, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Scott Shova Field Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 RECEIVED NOV 3 0 1992 In reference to the above -captioned project, enclosed please find three copies tone origi- nal. two copies) of the following material certificate:_.. Please forward the copies to Mr. Larry Cerretani. L-109 - Type A & B Light Fixtures - Sylvania Lighting Equipment L-109 - Rigid PVC coated pipe - Occidental Coating Company Certified Payrolls: Falvey Const. Corp. - corrected rates & benefits #1 & #2 Metcalf Paving & Landscaping Walsh Contracting, Ltd. As -Built - Cabinet markings - circuit identification; The balance of the outstanding material certifications will be forwarded immediately upon receipt. If you have any questions and/or comments. please contact the writer at 203-663-1695. Sincerely, Mathew D. Falvey Manager MDF/nja Enclosures CC: Larry Cerretani - C&S Pit Knauff - F.I. Ferry Dist. L'Scott Harris - Town of Southold Chas. McDermott - C&S Jim Leana - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport,,certs.3 • FALVIEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 November 20, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: James Leana En (r 4. neer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 fi;f�/25 In reference to the above—captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated November 13, 1992 regarding the additional cost for guidance signs. Please be advised Falvey Construction Corporation believes that had Calocerinos & Spina contacted this firm to discuss specifics about the basis for deriving at our prices, we are certain changes to the scope of work could have been made for a possible equitable agree— ment. This lack of communication, as well as the apparent coercive rejection of Falvey Construc— tion Corporation's proposals caused this firm to react in a combatant manner. We would like to thank Calocerinos & Spina, i.e. James Leana for his cooperation and the clarification of his firm's actions. If you have any questions or comments, please contact the writer at 203-663-1695. .Very truly yours, Mathew D. Falvey Manager MDF/nja Enclosures CC: Charles McDermott — C&S • Phil Knauff — F.I. Ferry Dist. v,.,cott Harris — Town of Southold Scott Shova — C&S - Larry Cerretani — C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/guidance.sgn r • 0 ]FALVIEY CONSTRUCTION CORP, 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 November 20, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: James Leana Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above—captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated November 16, 1992 regarding the New York Board of Fire Underwriters. Falvey Construction Corporation questions why Calocerinos & Spina stated that this firm has not obtained the required permits for this project. Falvey Construction Corporation for— warded a copy of the application for the permits to Calocerinos & Spina on July 1, 1992 and the fully executed permit on October 28, 1992. It should be apparent that the necessary per mits have been obtained by Falvey Construction Corporation contrary to Calocerinos & Spina's statement. Therefore, Falvey Construction Corporation believes a non-acceptance based on unobtained permits would be invalid. If you have any questions or comments, please contact the writer at 203-663-1695. MDF/nja Enclosures CC: Charles McDermott - C&S it Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S Larry Cerretani - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/permit.NYB Very truly yours, Mathew D. Falvey Manager 46 EL (REV.1/92) A SEPARATE APPLICATION MUST BE FILED FOR EACH SEPAF UILDING w THE NEW YORK BARD OF FIRE UNDERWRITERS CERTIFICATE NO. DO NOT WRITE.HERE - FOR OFFICE USE ONLY BUILDING PERMIT NO. TEMP. M _ DATE CITY Ogyy �JGE ���� /I IZIP CODE 3?D i �TO I� 13S II rs F%j� J j1__li G_7 STREET AND NO. OR ROAD POLE NUMBER BETWEEN WHAT TWO CROSS STREETS IS PREMISES LOCATED? SECTION BLOCK LOT OCCU T'S AME BUILDING OCCUPANCY 71 zgG e rz � ,e Ick jAAe OAM ADDRESS LSI ROME TELEP S er_s 111101ja A/57✓[c-f- G HONI -7( 6 CURRENT UPP L D BY E ` C , FROM T�!!1R- f OFFICE WORK TELEPHONE NUMBER , BUILDING IS NE ] OLD ❑ WORK IS NEW _ ADDITIONAL ❑ DEFECTS REMOVED ❑ LIST BELOW ALL EQUIPMENT WHICH YOU I STALLED LlionLan1p tion- ..OUT- NUMBER OF OUTLETS ---- Ceilin Side Attach't Switch Ceiling Wall Recep'ls No. of Fixtures 8 RecPPtacles MOTORS HEATERS _ - -- --- No. Watts Each BRANCH CIRCUITS OFFICE USE ONLY, INSPECTION Pondant - Bracket -- No. -- T e YP — H.P. Each No. AWG._ Gauge SIDE TUR AS AICAR AS PUSSI(LE) AVOID DELAYS BY GIVIN G FULL AND ACCURATE INFORMATION. ALL SPACES MUST BE FILLED IN OR APPLICATION MAY BE RETURNED. -- -- — -- --- -- p:, SUB- BASE -- + FRSE- MENT — -- ' 1St FL. 2nd FL. — — 3rd FL REMARKS: LIST OTHER ELECTRICAL DEVICES NOT SET FORTH ABOVE v ;r v /Z (Qct-ric41 18ur7")i 7 THIS APPLICATION IS INTENDED TO COVER THE ABOVE-LISTEI�EQUIPMENT TO BE INSPECTED, BUT IF AT TIME OF INSPECTION, THERE IS FOUND ADDITIONAL EQUIPMENT NOT ABOVE LISTED, YOU ARE AUTHORIZED TO MAKE THE INSPECTION AND ADJUST THE FEE TO COVER THE ADDITIONAL EQUIPMENT, AS PROVIDED BY THE APPLICANT. PRINT NAME AND ADDRESS SIZE OF MAINS FEEDERS ELECTRIC SIGNS/LAMPS TOTAL VyUTS CHARACTER OF WORK ❑ EXPOSED GAS TUBE SIGN/TRANSFORMERS OF VA ❑ CONCEALED DATE WORK TO BE STARIED DATE COMPLETED SIZE OF SIGN (NUMBER( CAPACITY SERVICE ENI CHS (WILDING MANUFACTUI11.11 OF SIGN ❑ OVERHEAD ( J UNDERGROUND LAI E INSPECT ON IICOUESIEU ON %VI o%! 7 -Au K I-yj e, �_`_.._� 777, CITY O SZ OFF E �� 6 DE LICENSE NO. WHEN APPLICABLE 1( S jt2zA� . S 4441& C; GC I-� 85 John Street I 0 41 State Street 1570 Delaware Avenue I 217 Lake Avenue 1202 Arterial Road NEW YORK, NY 10038 ALBANY, NY 12207 BUFFALO, NY 14202 ROCHESTER, NY 14608 SYRACUSE, NY 13206 (212) 227-3700 (518) 463-2122 (716) 884-1155 (716) 254.0141 (315) 463-8552 THE NEW YORK BOARD OF FIRE UNDERWRI BUILDING DEPT. COPY OF APPLICATION FORM 46 -EL, NEW YORK BOARD OF F RWRITERS. FILE THIS COPY WITH BUILDING DEPT. WHEN REQUIRED. 992 L FA�VEYORP CONSTRUCTION C MUST ENTER APPLICANTS IDENTIFICATION NUMBER �� I �� L I i TUR AS AICAR AS PUSSI(LE) AVOID DELAYS BY GIVIN G FULL AND ACCURATE INFORMATION. ALL SPACES MUST BE FILLED IN OR APPLICATION MAY BE RETURNED. PRINT NAME AND ADDRESS SIZE OF MAINS FEEDERS ELECTRIC SIGNS/LAMPS TOTAL VyUTS CHARACTER OF WORK ❑ EXPOSED GAS TUBE SIGN/TRANSFORMERS OF VA ❑ CONCEALED DATE WORK TO BE STARIED DATE COMPLETED SIZE OF SIGN (NUMBER( CAPACITY SERVICE ENI CHS (WILDING MANUFACTUI11.11 OF SIGN ❑ OVERHEAD ( J UNDERGROUND LAI E INSPECT ON IICOUESIEU ON %VI o%! 7 -Au K I-yj e, �_`_.._� 777, CITY O SZ OFF E �� 6 DE LICENSE NO. WHEN APPLICABLE 1( S jt2zA� . S 4441& C; GC I-� 85 John Street I 0 41 State Street 1570 Delaware Avenue I 217 Lake Avenue 1202 Arterial Road NEW YORK, NY 10038 ALBANY, NY 12207 BUFFALO, NY 14202 ROCHESTER, NY 14608 SYRACUSE, NY 13206 (212) 227-3700 (518) 463-2122 (716) 884-1155 (716) 254.0141 (315) 463-8552 THE NEW YORK BOARD OF FIRE UNDERWRI BUILDING DEPT. COPY OF APPLICATION FORM 46 -EL, NEW YORK BOARD OF F RWRITERS. FILE THIS COPY WITH BUILDING DEPT. WHEN REQUIRED. 992 L FA�VEYORP CONSTRUCTION C c THE NEW YORK BOARD OF FIRE UNDERWRITERS PAGE 1 1235043 BUREAU OF ELECTRICITY F_ 85 JOHN STREET. NEW YORK, NEW YORK 10038 Date - - _ 0 L"`. _3 Application No. on file THIS CERTIFIES THAT only the electrical equipment as described below and introduced by the applicant named on the above application number in the premises of ELIZABETH FIELD, AIRPORT, FISHERS ISLAND, N.Y. in thefollowinq location. ❑ Basement 1 1st Fl. ❑ 2nd Fl. OUT Section Block Lot • was examined on V 1, 1 V L Q \ 1 J , 1 -1 > a and found to be in compliance with the requirements of this Board. FIXTURE OUTLETS ECEPTACtES SWITCHES I FIXTURES RANGES COOKING DECKS OVENS DISH WASHERS EXHAUST FANS INCANDESCENT FLUORESCENT OTHER AMT. K. W. AMT. K. W. AMT. K.W. AMT. K. W. AMT. H. P. DRYERS FURNACE MOTORS FUTURE APPLIANCE FEEDERS SPECIAL REC'PTj TIME CLOCKS BELL TRANS. UNIT HEATERS MULTI -OUTLET SYSTEMS NO. OF FEET DIMMERS AMT. WATTS AMT. K. W. OIL H. P. GAS H. P. AMT. NO. A. W. G. AMT. AMP. AMT. AMPS. AMT. H. P. SERVICE DISCONNECT 140. OF METER EQUIP 5 E R V 1 C E AML AMP. TYPE I ,e- 2W 1 ,0' 3W 3 ,0' 3W ' 3,0 4W NO. OF CC. COND PER . A. W. G. � OF CC. COND. I A. w. EG NO. OF HI -LEG OF HI -LEG NO. OF NEUTRALS A. W. G. I OF NEUTRAL 1 200 CB 1 z 1 25� �1 50 OTHER APPARATUS: G.F.C.I:-10 WALSH SERVICE LIC.#924-E MONTAUK AVE. FISHERS ISLAND, NY, 06390 This certificate must not be altered in any manner; return to the office of the Board if incorrect. Inspectors GENERAL MANAGER 11 Per ay be identified by their credentials. ]FALVEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 November 20, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: James Leana Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above—captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated November- 13, 1992. Please be advised this firm concurs with the basis of payment which has been presented by Calocerinos & Spina, i.e. James Leana. We would like to thank Mr. Leana for his new involvement and appreciate the efforts made to bring this particular matter to a close. Thank you again for your cooperation. If you have any questions or comments, please contact the writer at 203-663-1695. Very Li uiy yours, Mathew D. Falvey Manager MDF/nja Enclosures CC: Charles McDermott — C&S Phil Knauff — F.I. Ferry Dist. Acott Harris — Town of Southold Scott Shova — C&S Larry Cerretani — C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/111392.0&S A6 • FALVIEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 November 20, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: James Leana Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated November 16, 1992 regarding the REIL shields. Please be advised Falvey Construction Corporation's proposal is based on Calocerinos & Spina's request and the manufacturers directions. This firm has not had the opportunity of installing shields on REIL units before. Consequently, this firm's price was based solely on the information provided to us. Again, Calocerinos & Spina could have contacted Falvey Construction Corporation and discussed any questions they may have had. It is apparent that your firm has great knowledge of this product and its installation. Falvey Construction Crporation would concur that if in fact the shields truly do take thirty minutes or less to install, then $1,156.20 is not a fair price. This firm questions, with Calocerinos & Spina's knowledge, why was a courtesy call not made to clarify what seems to be an obvious inequity. Regarding Calocerinos & Spina's statement that no intention was made to slander or malign Falvey Construction Corporation's reputation by Calocerinos & Spina is appreciated by this firm. We would like to thank Mr. Leana again for his cooperation in this matter. cont. ���`,� F Calocerinos & Spina, P.C. November 20, 1992 Page 2 If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nja Enclosures CC: Charles McDermott - C&S Phil Knauff - F.I. Ferry Dist. :,5cott Harris - Town of Southold Scott Shova - US Larry Cerretani - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/shields.rei S 1 L Mr. Phil Knauff Fisher's Island Ferry District Commissioner Airfield Lighting, Visual Aids Fisher's Island Ferry District and Electrical Building Foot of State Street New London, CT 06320 211.004 ✓_ November 18, 1992 are Virg you xR _ via Original Fourth Estimate and Claim Voucher, for the above -referenced project. RECEIVED NOV 2 4 1992 - = re i r r —X X � � _. __— r� � �Uthold T-..., n XX - Payment If you have any questions, please feel free to contact us. awrence J. Cerretani Inspection Supervisor Airport Division LJC/sle Enclosures cc: Ms. Judith Terry (w/enc.) 1G_20 Seventh North; Si _`��, i_Ph�f�OC�� w f 1 _ _.. = -1`77-F,71 1 FAX 5j 1,57-9&0" Account Number.......... � '� -��' .. Invoice #............. Date......... .19......... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y. Dr. PAY T0: Payee Identification - Payee Name: or Social Security Number: ... Faluey .Construction .Corporation .... Payee Reference: Address: ...Post .Office .I3ox .699 ................ Phone No. (.... )...................... . ...Killingworth, .Conn .06419 ........... Vendor Contact Cash Discount ..................% .........Days.................................... Item Description of Material/Service Quantity Unit Amount No. Price 523-12 Airport ELIZABETH FIELD AIRPORT -FISHERS ISLAND lun BUILDING (FAA-AIP 3-36-0029-05-92. SDOT 0913.05 rursuant to the terms o e Cl 1 nrac -dated y, Construction Corporation and Engineer's Estimate a ace ere o... AMOUNT DUE CONTRACTOR, FOURTH ESTIMATE ----------------------- ------- $51,107.06 Total $51,107.06 Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing Dated ..... 1 - 2- ................. .191.?. by: �_ ,& Signature ...................................................................................... ?ROJE `_`7-72ABETH FIELD AIRPORT -FISHERS ISLAND File No. A:.aSIE D LIJHTING, VISUAL AILS & ELECTnICAL QUI DI9G FAA-AIP N0, 3 -36 -0029 -OS -92, N.Y.S.D.O.T. NO. 0913.05 Date: Estimate No: ,car TO THE TOWN OF SOUTHOLD: Pursuant to the terms of the Contract, datad lay !, 1992, by and between the Town of Southold and Falvey Construction Corporation, .ontractor for the construct -on of the Elizabeth Field Airport -Fishers .31and, Airfield Lighting, Visual Aids & Ziectrical iuilding 'FAA -AI. No. 3-:6-0029-05-92, N.Y.S,D.O.T. No. 1,913.05), we hereby submit the Fourth E�t.�ate, for work completed through October 30, 1992: :---------------------------- ---------------------------------------------------------------------------------------------------------- 0R1GINAL QUANTITY Item CONTRACT UNIT TO CHIT _ ... Numb_r ------------- DESCRIPTION ------------------------------------------;---------------- QUANTITY DATE PRICE TG :ATE >-_`? ^cQmon Excavation, Area No. :0::. ^,X --------!- S. -.------------------ ^CX $10,x00,^0 ------------- 8^ P-152 2. Pavement Excavation(Bituminous Concrete) 900.00 S.Y. 896.11 3.00 2;688.33 . P-6:2 3. Field Office 100.00% L.S. i00.00% 18,200.00 18,200.00 , P-620 4. 3unway Painting 23,000.00 s.f. 21,606.62 0.50 L-- 2 E. -zctrical Building Electrical Service 100.00% L.S. 100.00% 9,000.00 :,000.00 Segmented Circle 100.00% L.S. 80.00% 15,300.00 - ,140.00 . • L-1 7 7. Lighted Wind Cone 100,00% L.S. 100.00% 16,700.00 .E ,700.C,0 -8 3. Cable Trenching for the Installation • of Underground Cable 8,600.00 l.f. 7,766.50 2.25 : 17,474.63 L-1,8 9. No. 8 AWG 600V Type C Single Conductor 'underground Cable instld in Trench/Duct 28,300.00 I.f. 28,300.00 0.38 L-1`8 10. No. 8 AWG 5KV Type C Single Conductor - ,754,0,^, , • Underground Cable instld in Trench/Duct 12,900,00 l.f. 12,900.00 0.38 -0J L--08 11. No. 8 AWGyV2 Bare Copper Counterposie Wire , • installed in Trench including Grounding • Rods and Exothermic Connections 9,5GO.00 l.f. 9,500.00 0.28 ,660.00 . L-:;9 _2. InStallation of Airport Electrical 3uilding Equipment, in Place 100.00% L.S. 90.00% 30,000.00 4 -way Electrical Duct Bank Type 697.00 55.�0 5:3. '3 Electrical Duct Bank Tyre I 200.00 l.f. 195.00 70.00 650: 0 +9,633.t0 • .,-1:0 :5. -'-.n Dia RSC installed in Pavement 3,000.00 l.f. 2,4P8.40 4.00 2-.n Dia RSC installed in Turf 270.00 l.f. 212.00 2.010 • L-..0 :7. 2 -gin D_a RSC reinstalled in Turf 190.CO l.f. 126.00 2.00 252.:.0 . E:ectrica Building iOO.00' S. 90.00' 40,000.00C.^^ L-ii5 19, Electrical Manhole No. 1 1.00 each 1.00 12,250.00 L,250.00 L-115 20. : Pull Box Reinstallation 1.00 each 1.00 500.00 : . 500.00 L-125 21. Medium Intensity R/W Edge Lights, Base Mounted, in Pavement 57.00 each 39.00 315.00 L-125 22. Runway 25 Threshold Lights :OO.CO% L.S. 100.00% 3,800.00 3,:.00. 0 L-125 23. Airport Guidance Sign No. R-2-5, • Ease Mounted, ir, Pavementy.;,. 1VV V . . 100.00% , 2,655.00 2,v55.00 L-125 24. Airport Guidance Sign No. R-2-:9, • ?ase Mounted, in Pavement 100.00% L.S. 100.00% 2,655.00 2,655.00 L-:25 25. Airport Guidance Sign No. R-1-3, • Base Mounted, in Turf 100.00% L.S. 100.00% 2,400.00 2,400.00 • L-125 26. Airport Guidance Sign No. R-1-19, • Base Mounted, in Turf 100.00% L.S. 100.00% 2,400.00 2,400,00 L-125 27. R/W End identification Light (REIL) • System, Runway 7 End 100,00% L.S. 99.00% 8,250.00 8,167.53 L-125 2B. R/W End identification Light (REIL) • System, Runway 25 End 100.00% L.S. 99.00% 8,250.00 8,167.59 . AMOUNT DUE. CONTRACTOR, FOURTH ESTIMATE ---------- FALVEY CONSTRUCTION CORPORATION CALOCERINOS & SPINA Engineers, P.C. BY: TITLE: DATE: Haroid W. Wagner, J P.E.! Division Manager 23. R/W End Identification Light (�) •-1.25 System, Runway 12 End 1,10.00% L.S. 99.00% 8,250.00 • L-125-30. .`'R/W End identification Light (REiL) Systts, Runway 30 End :00.,10% L.S. 99.00% 8,250.00 x,:67.50 . L-125 31. Generic Visual Approach Descent Indicator System, Runway 7 End 100.00% L.S. 98.00% . 9,580.00 1,388.40 . L-11_5 32. Generic Visual Approach Descent Indicator System, Runway 25 End 100.00% L.S. 98.00% 9,580.00 9,388.40 L-125 33. generic Visual Approach Descent . Indicator System, Runway 12 End 100.00% L.S. 98.00% . 9,580.00 9,388.40 . ,.-'_115 34. Generic Visual Approach Descent L.dizatcr System, Runway 30 End 100.00% L.S. 98.00% 9,580.00 9,398.40 . L-125 35. Removal of Existing Runway Edge Lights 100,00% L.S. 80.00% . 7,500.00 M-100 36. M & P of Traffic 100.00% L.S. 100.00% 23,500.00 23,500.00 . M-200 37. Mobilization 100.00% L.S. 100.00% 16,000.00 Amount Withheld for Liquidated Damages days 5.00 -900.00 -4,500.00 . Total Amount of Work Done to Date---------------------------- $380,885.47 STATEMENT OF DAYS CHARGED Less 5% Retained--------------------------------------------- 19,044.27 TOTAL CONTRACT DAYS 60S361,841.19 LESS DAYS CHARGED 65 ,.._ Amount Recommended for Payment, Previous Estimates ----------- 310,734.13 ............,. DAYS REMAINING -5 AMOUNT DUE. CONTRACTOR, FOURTH ESTIMATE ---------- FALVEY CONSTRUCTION CORPORATION CALOCERINOS & SPINA Engineers, P.C. BY: TITLE: DATE: Haroid W. Wagner, J P.E.! Division Manager C161S Calocerinos & Spina Engineers, P.C. • RECEIVED NOV 2 3 1992 Southold T-wn (erk To: Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, NY 06390 Attention: Enclosed please find the following: Re: Fisher Island -Elizabeth Field Airfield Lighting FAA AIP No. 3-36-0029-05-92 NYS PIN No. 0913.05 File: 211.004.002 Date: 20 -Nov -92 - Five copies of Partial Payment Request No. Three (Form 271) for your review and signature. Remarks: Please have Mr. Harris sign four copies of Form 271, and return them to me for further processing. Please keep one copy of the form with the attached backup documentation for your files. If you have any questions or need additional information, please do not hesitate to contact us. CALOCER'TNOS & SPINA ENGINEERS, P.C. Enclosures cc: Ms. Judith Terry Sheila M. Farley �( Grants Administrator 1020 Seventh North Street, Liverpool, NY 13088-8199 (315) 457-6,711 FAX (315) 4°__" :-,I Caloeerinos & Spina November 16, 1992 Pc Mr. Mathew D. Falvey Falvey Construction Corp. 12 Fire Tower Road P.O. Box 699 Killingworth, CT 06419 Re: Elizabeth Field Airport Airfield Lighting, Visual Aids, and Electrical Building FAA A_TP # 3-36-0029-04-91 NYSDOT # 0913.04 File: 211.004 Dear Mr. Falvey: We are in receipt of your letter dated November 2, 1992 regarding the New York Board of Fire Underwriters and their inspection of your work, on the above -referenced project, and we offer the following comments on behalf of the Owner. As detailed in the Contract Documents and noted on the Plans, it is your responsibility to perform all work in accordance with both State and local codes and the N.E.C. It is also Falvey's responsibility to make application for and obtain all permits necessary for acceptance of the work. It is not the Owner or Engineer's responsibility nor intent to become involved in a dispute between your firm and the Board of Fire Underwriters. We recommend that you meet and resolve this issue with the Board of Fire Underwriters and obtain the required permits for the project. Work items requiring a permit will not be accepted until the required permits are obtained. If you have any questions regarding this matter or need additional information, please contact our office. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. i'ames W. Leana Project Engineer LJC/cb cc: Mr. P. Knauff Mr. S. Harris NYS Board of Fire Underwriters Mr. A. D'Eredita 10,20 Seventh North Street, Liverpool, NY 13,3,3-61 c ? ; Calocerinos & Spina S P C November 16, 1992 Mr. Mathew D. Falvey Falvey Construction Corp. 12 Fire Tower Road P.O. Box 699 Killingworth, CT 06419 Re: Elizabeth Field Airport Airfield Lighting, Visual Aids, and Electrical Building FAA AIP # 3-36-0029-04-91 NYSDOT #,E 0913.04 File: 211.004 Dear Mr. Falvey: We are in receipt of your October 30, 1992 correspondence, regarding the modification of the REIL units, on the above -referenced project, and have the following comments on behalf of the Owner. The REIL units could have been installed at the original plan location, but were repositioned (five feet) for ease of installation, which in our opinion was to your benefit. We cannot concur that your price of $1,156.20 to install two REIL shields is reasonable when the cost of the material is $200 or less and can be installed by one individual in less than 30 minutes. Our recommendation to the Owner to reject your REIL modification proposal was based upon our analysis of the costs associated with the work and was not intended to slander or malign your firm's reputation, in any way. If you have any questions, do not hesitate to contact our office. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. i Jam s"W�'__zLeana Project Engineer LJC/kw cc: Mr. P. Knauff Mr. S. Harris Mr. C. McDermott 1020 Seventh North Street. Liverpool, NY 13080-6199 'I t 7' . 0 i -o- ; FAA (31,57) "'(d • Cal®cerincls & Spina Engineers, P.C. November 16, 1992 Mr. Matt Falvey Falvey Construction Corporation 12 Fire Tower Road P.O. Box 699 Killingworth, Connecticut 06419 E NO) Re: Elizabeth Field - Fishers Island Airport Airfield Lighting, Visual Aids and Electrical Building FAA AIP No. 3-36-0029-05-92 NYSDOT No. 0913.05 File: 211.004 Dear Mr. Falvey: Regarding Falvey Construction, Corp's second request of November 10, 1992, we offer the following: the Engineers Field Office your firm provided for this project is in accordance with New York State Department of Transportation Specifications, not State of Connecticut. We suggest you review Section 637 of the NYSDOT Specifications. Again, your request for C&S to pay for the phone calls made by our Resident Engineer is denied. If you have any questions, please do not hesitate to call me. Very truly yours, g0CAERINO SPI NGINEERS, P.C. R. McDermott Engineer CRM:kal cc: Mr. R. Philip Knauff, Manager, Fisher Island Ferry District Mr. Scott L. Harris, Supervisor, Town of Southold Mr. Larry Cerretani, C&S Mr. Scott Shova, C&S 1020 Seventh North Street, Liverpool, NY 13088-B199 (315) 457-67111 FAX. ('31S' 4r�� - - -Z., November 13, 1992 Mr. Mathew D. Falvey Falvey Construction Corp. 12 Fire Tower Road P.O. Box 699 Killingworth, CT 06419 Re: Elizabeth Field Airport Airfield Lighting, Visual Aids, and Electrical Building FAA AIP # 3-36-0029-04-91 NYS-DOT # 0913.04 File: 211.004 Dear Mr. Falvey: We are in receipt of your two letters, dated November 3, 1992, regarding your proposal to install four additional Airfield Guidance Signs and have the following comments on behalf of the Owner. The Federal Aviation Administration (FAA) has been in the process of revising their guidelines regarding Airfield Lighting Signage for the past year. As a result of these revisions four additional guidance signs will have to be installed at Elizabeth Field, in the near future. It was the Owner's and Engineer's intent to have the additional signs installed under your Contract. However, after a thorough review of your cost proposal, we were unable to recommend to the Owner that the proposal be accepted and work authorized. Our recommendation to the Owner was based upon our analysis of the costs associated with the work and was not intended to slander or malign your firm's reputation in any way. if you have any questions, regard;rg this matter, please contact our office. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. �v. James W. Leana Project Engineer I-JC/kw cc: Mr. P. Knauff Mr. S. Harris Mr. S. Shova Mr. M. Petranchuk Mr. A. D'Eredita _ :' .e '3or'h u.,. _ Calocerinos & Spina E, -,a i --.t_�rs. P C November 13, 1992 Mr. Mathew D. Falvey Falvey Construction Corp. 12 Fire Tower Road P.O. Box 699 Killingworth, CT 06419 Re: Elizabeth Field Airport Airfield Lighting, Visual Aids, and Electrical Building FAA AIP # 3-36-0029-04-91 NYSDOT # 0913.04 File: 211.004 Dear Mr. Falvey: We are in receipt of your two letters dated October 28, 1992 regarding the omission of Item No. 1, from the above -referenced project and have the following comments on behalf of the Owner. We have reviewed the content of your letters, and the project records, including pre and post construction photos. It is apparent from the project records and photos that a portion of the sand on Runway 7 end was removed to permit the installation of conduit and threshold lights. As a result, you are eligible to receive payment for the portion of the pay item which was completed. Our records indicate that based on a square footage basis approximately 16% of the original lump sum contract quantity was completed. You are therefore eligible to receive payment in the amount of $1,600.00 for the partial Runway 7 end sand removal. Since pay Item No. 1 is not a major work item, as defined in the Contract Documents, no additional compensation for alteration of this pay item is warranted. If you have any questions, or require additional information regarding this matter, please do not hesitate to contact our office. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. James W. Leana Project Engineer LJC/kw cc: Mr. P. Knauff Mr. S. Harris Mr. S. Shova Mr. M. Petranchuk Mr. A. D'Eredita 1020 Seventh North Street, Liverpool, NY 13:038-�:, ? 99 (315) 457$71 1 FAX (315) 457-3803 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 C� FALVEY CONSTRUCTION CORP. November 10, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Charles McDermott Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 RECEIVtD , NOV 17 1992 S011tF►nW T.,...,, PIor4 In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of payment voucher dated November 2, 1992. Please be advised Falvey Construction Corporation takes total exception to the charging of liquidated damages in the amount of $4,500.00. Please refer to this firm's past correspon- dence regarding delays and disruptions through no fault, of the contractor. Falvey Construc- tion Corporation views Calocerinos & Spina's action as dealing in bad faith. Falvey Construction Corporation has enclosed the signed voucher to mitigate further damages inflicted upon this firm as a result of late payments. Said signature should in no way be interpreted that Falvey Construction Corporation concurs with liquidated damages in any amount. If you have any questions or comments, please contact the writer at 203-663-1695. .Very truly yours, Mathew D. Falvey Manager MDF/nja CC: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - US Jim Leana - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/liquid.dam 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 • ]FALVIEY CONSTRUCTION C'®RP. Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Scott Shova Field Engineer November 13, 1992 Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 RECEIVED NOV 16 1992 Southold T-_ r l.4 In reference to the above—captioned project, enclosed please find three copies (one origi— nal, two copies) of the following material certificates. Please forward the copies to Mr. Larry Cerretani. L-108 — No. 8 AWG 600V cable — American Insulated Wire Corp. L-109 — Surge Arrestors — Joslyn Clark L-109 — Photo Control — Precisin Multiple Controls, Inc. L-109 — Panel Board — Challenger Electrical Equip. Corp. L-109 — Transformers — Challenger Electrical Equip. Corp. L-109 — Safety Switches — Challenger Electrical Equip. Corp. Certified Payrolls: Falvey Const. Corp. — corrected rates & benefits BRS Masonry (Brian Spiker) Commercial Seal Coating Richard Grebe (dba Dick's Garage) corrected rates Fresh Start Construction Co. Inc. As—Built — Location & Elevations of PAPIs, Manhole, Electrical Building, and windcone and (1 copy) approximate location of splices. The balance of the outstanding material certifications and payrolls will be forwarded imme— diately upon receipt. If you have any questions and/or comments, please contact the writer at 203-663-1695. MDF/nja Enclosures CC: Larry Cerretani — C&S 1 Knauff — F.I. Ferry Dist. Scott Harris — Town of Southold Chas. McDermott — C&S Jim Leana — C&S File: FIAIR/FCC/CT-0/GC:1 Sincerel Mathew D. Falvey Manager VW3/Airport/certs.mat 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 FALVEY CONSTRUCTION CORP. November 10, 1992 TEL 203/663-1695 FAX 203/663-2719 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 RECEIVED Attention: Charles McDermott MV 13 1992 Engineer TCa�n r"�Qr� Re: Airfield Lighting, Visual Aids & Electrical Building Southold Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated November 3, 1992 regarding the certification of apparatus. Please refer to Falvey Construction Corporation's correspondence dated November 3 and November 6, 1992. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, �-- Mathew D. Falvey it Manager CC: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. O'Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/110392.c&s ]FALV1EY CONSTRUCTION CORP. 12 FIRE TOWER ROAD TEL 203/663-1695 P.O. BOX 699 FAX 203/663-2719 KILLINGWORTH, CT 06419 November 10, 1992 Calocerinos & Spina, P.C. RECEIVED 1020 7th North Street Liverpool, New York 13088 NOV 1 -? 9992 Attention: Charles McDermott S0u+holr1 Tf-- -, FIs -I, Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated November 2, 1992. Please be advised Falvey Construction Corporation has never been required to pay the actual long distance phone calls when contracted with the State of Connecticut or any other owner in this state. Therefore, this firm is requesting Calocerinos & Spina forward the refer- enced documents substantiating their position or kindly provide reimbursement. Thank you for your cooperation. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey v Manager MDF/nja CC: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. Cott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/110392.bill.tel IFALVEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 November 6, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Scott Shova Field Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 RECE►vED NOV 1992 Southold Towrt Clerk In reference to the above -captioned project, enclosed please find three copies (one origi- nal, two copies) of the following material certificates. Please forward the copies to Mr. Larry Cerretani. L-106 - 6 X 6 Wire Mesh - Capitol Steel of Hartford L-106 - Size 1 Crushed Stone - Kobyluck Sand & Gravel, Inc. L-112 - Florok Brand Epoxy Seal - Chargar Corporation L-112 - Metal Door - Doors & Hardware, Inc. L-112 - Roof Material - Celotex Corporation L-115 - Manhole Ladder The balance of the outstanding material certifications and payrolls will be forwarded imme- diately upon receipt. If you have any questions and/or comments, please contact the writer at 203-663-1695. 'Sincerely, Mathew D. Falvey Manager MDF/nja Enclosures cc: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. Vff'c'ott Harris - Town of Southold Chas. McDermott - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/certs.mat 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 • FALVIEY CONSTRUCTION CORP. NOV 0. x Calocerinos & Spina, F.C. 1020 7th North Street Liverpool, New York 13088 Attention: Charles McDermott Engineer November 3, 1992 Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated October 27, 1992. Please be advised of the following: Addressing Item #1, Falvey Construction Corporation foi-warded this information to Caloceri- nos & Spina on September 16, and October 25, 1992. Addressing Item #2a, Falvey Construction Corporation forwarded this information to Caloceri- nos & Spina on July 7, 1992. Addressing Item #3a, Falvey Construction Corporation has not received the authorized change order allowing this firm to pay the current New York State wage rates. Addressing Item #5, Falvey Construction Corporation delivered the PAPI aiming kit and R/W edge light to the Town of Southold, i.e. Phil Knauff several weeks ago. Addressing Item #6b, labels and tags are completed. Falvey Construction Corporation has and currently is undergoing a very extensive campaign to collect the balance of the requested information from its subcontractors and will forward to Calocerinos & Spina immediately upon receipt. Addressing Calocerinos & Spina's statement regarding final payment, final payment consti- tutes all withheld retainage. Further, Falvey Construction Corporation has not requested final payment. Falvey Construction Corporation is requesting all invoices be paid in full in accordance with the contract documents, excluding retainage. The project is being com- pletely utilized by the owner at this time. The miscellaneous items as noted by Caloceri- nos & Spina are not preventing the correct operation of this project nor are the few out- standing certificates of compliance. cont. Calocerinos & Spina, P.C. October 30, 1992 Page 2 Further, Falvey Construction Corporation is requesting the change order for quantity over- runs be forwarded. The finalization of the project should not prevent the execution of required change orders. Any delay of the above-mentioned is a violation of the contract documents and contract law. , In closing, it must be understood that the Town of Southold has substantially accepted this project and is utilizing the facility for approximately one month prior to this written correspondence. Calocerinos & Spina has had a full time inspector verifying materials and workmanship throughout the construction phase and has, by virtue, approved the completed work. Also there are still outstanding pending change orders that may impact the contract documents. Falvey Construction Corporation wishes to continue a working relationship in this project, but does not condone that a "continuing change order and certification program" be established. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey U Manager MDF/nja M. Larry Ceretani - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/102792.c&s E Calocerinos&Spina �I�_rs. PC November 3, 1992 Falvey Construction Corporation 12 Fire Tower Road Post Office Box 699 Killingworth, CT 06419 { NOV —q Re: Elizabeth Field Airport Airfield Lighting, Visual Aids and Electrical Building FAA-AIP No. 3-36-0029-04-91 N.Y.S.D.O.T. No. 0913.04 File: 211.004 Gentlemen: We are in receipt of your October 28, 1992 correspondence, in which you forwarded the New York Board of Fire Underwriters Certification, for the service entrance on the above - referenced project. Please be advised, we have not received certification on the apparatus applied for, specifically, airfield wiring, visual aids, and electrical building wiring. Please forward this information as it is required for project closeout. If you have any questions, do not hesitate to contact us. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. G� Lawrence J. Cerretani Inspection Supervisor Airport Division LJC/kw cc: Mr. P. Knauff Mr. S. Harris Mr. C. McDermott Mr. S. Shova 0 ]FALVIEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Charles McDermott Engineer November 3, 1992 Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, on October 30, 1992, Falvey Construction Corpo- ration, i.e. Mathew Falvey and Donald Falvey, met on site with Calocerinos & Spina, i.e. T. Klukowitz, Scott Shova, Charles McDermott and Larry Cerretani at approximately 9:10 A.M. Calocerinos & Spina performed survey work and various inspections. At approximately 9:40 A.M. Falvey Construction Corporation requested that time be taken to discuss matters of con- troversy which have plagued this project. At approximately 11:00 A.M., Calocerinos & Spina and Falvey Construction Corporation met. Mathew Falvey stated that our firm believes that all parties should spend less effort letter writing and more time resolving the issues. Mathew Falvey stated that there are three pri- mary concerns that our firm wishes to resolve. 1. Falvey Construction Corporation payment requisition #3 & #4 for all work performed, less retainage. Calocerinos & Spina, i.e. Larry Cerretani stated he had not seen it but he will check into the matter. The delays in getting proper payments is a cause of great concerns. With the project completed, only half of the amount due has been paid. 2. The deletion of payment item #1, (the removal of beach sand). Mathew Falvey stated Falvey Construction Corporation recognizes the contract authorized the owner to make changes in the contract without validating it. If such a change is made, the contractor is entitled to cost of work performed, overhead and anticipated profit. Mr. Cerretani replied he would not be able to resolve it at this time, but he would check into the matter and respond to Falvey Construction Corporation. 3. Increased wage rates. Falvey Construction Corporation recognizes the fact that ye are obligated to pay all employees any increases to the rates, but a change order is required to do so. Mr. Cerretani replied that Calocerinos & Spina's position has not changed. His firm consulted with the owner and legal consultants and they believe the contractor is responsible for all rate increases without compensation. Mathew Falvey stated our firm also investigated this matter and strongly believe our position is correct based on contract law. cont. • 9 Calocerinos & Spina November 3, 1992 Page 2 No further discussions took place. Calocerinos & Spina stated they would respond to this firm's concerns formally. The above -stated items are the writers interpretation of the items discussed at the refer- enced site meeting. Should Calocerinos & Spina disagree, please notify Falvey Construction Corporation in writing within seven days from date of this letter. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, rp . Vc JA_ Mathew D. Falvey Manager MDF/nja cc: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/inspect.fin E IFALV EY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Charles McDermott Engineer November 3, 1992 Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated October 26, 1992. Please be advised of the following: Again, Calocerinos & Spina is stating to the owner that this firm's proposal for extra work is unreasonable. Falvey Construction Corporation takes total exception to this statement. This firms proposal was very accurate based on the scope of work proposed by Calocerinos & Spina. If anything is unreasonable about the proposals for extra work, it is Calocerinos & Spina's oversight of not including this work under the original contract documents. Had this been done, the additional cost would have been approximately 50% less. To attempt to add four additional guidance signs to a project in the last few weeks of the project is com- pletely unreasonable. As could be seen in this firm's proposal, additional mobilization, maintenance and protection of traffic, etc. are stagering, but all costs are based on Caloc- erinos & Spina's late request for this additinal work. Calocerinos & Spina is obviously accepting no blame for the defective plans and attempting to blame the contractor for any reason for the work not to take place which is turn is damaging this firm's reputation with the Town of Southold. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nja CC: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FLAIR/FCC/CT-0/GC:1 VW3/Airport/102392.c&s .0 �7 CONSTRUCTION CORP.�����u v���.�������"�^. '4��= 12FIRE TOWER ROAD PD. BOX 699 KILLINGWORTH, CT 06419 November 2, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York Attention: Charles McDermott Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 2035630695 FAX 203/663-2719 In reference to the above -captioned project, Falvey Construction Corporation is in receipt of the New York Board of Fire Underwriters report dated October 27, 1992 addressed to Walsh Construction, a subcontractor of this firm. It was noted that the date of inspection is approximately two weeks after the date of Mr. Lyons third and final visit to the job site on October 13, 1992. The last on-site work day was October 15, 1992. Falvey Construction Corporation questions why any reports of faulty workmanship were not forwarded during the construction phase of this project. The above -referenced report also indicates that the work was defective and concealed before inspection could be made. Falvey Construction Corporation questions how the New York Board of Fire Underwriters can allege faulty workmanship if they claimed they were not able to inspect all work. Further, the New York Board of Fire Underwriters' inspector was on site three times through out this three and one-half month project. It must be noted that there has been no written reports of defective work during this inspection period. Further, if Falvey Construction Corporation had left trenches open for approximately one month, it would be a blatant viola- tion of the contract documents as well as a major safety hazard. The building codes address the issue of timely inspections and the proper review process. It is not the "responsibil- ity" of Falvey Construction Corporation to "hold the hands" of the inspection agency and thus delaying job progress. As stated in Falvey Construction Corporation's correspondence dated September 25, 1992, this firm knows of no defective workmanship installed by us or our subcontractors. At this time, to resolve the issue, Falvey Construction Corporation proposes a meeting be scheduled with all concerned parties in attendance. This meeting would determine if Falvey Construction Corporation should uncover any covered work. If it is deemed necessary by the Town of Sou- thold, Falvey Construction Corporation will gladly submit a proposal and upon acceptance will perform all explorations in accordance with the contract documents. cont. New York: Hoard of Fire Underwriters November 2, 199 Page Please contact this office with your response. Very truly y yours, Mathew D. Falvey Manager-. MDF/n.ja cc: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris_. - Town of Southold Scott Shove. - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/underwrite.nyb '"ed "e 4q_ FALVIEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Larry Cerretani Construction Supervisor October 30, 1992 Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated October 26, 1992. Please be advised of the following: The above -referenced letter is the first that this firm has received any indicatin of the status of the proposal for the shields. Falvey Construction Corporation questions why Cal- ocerinos & Spina did not contact this firm with any questions or concerns regarding the pro- posal. Further, this firm's price is not unreasonable. It is based on Calocerinos & Spina's request. It must be noted that the request was made at the end of the contract period. The cost associted with our proposal reflects this accounting. It would seem logical that the engineer should have observed the existing site conditions, i.e. stone breakwater, when the design stage was in progress to place the REILS in the correct location. Falvey Construction Corporation takes total exception to Calocerinos & Spina's statement "We have recommended to the owner not to accept your proposal based on the "unreasonable addi- tional costs you have presented". This statement appears to imply Falvey Construction Cor- poration is a typical contractor attempting to take advantage of the owner. Calocerinos & Spina has on several occasions eluded to this stereotype to persuade the owner to discon- tinue any favorable relations with this firm. Falvey Construction Corporation will not tol- erate any such inuendos in the future. As noted above, if Calocerinos & Spina had designed the project correctly the first time, no additional work would have been required. Falvey Construction Corporation is holding Calocerinos.& Spina personally responsible for any dam- age caused to this firm's reputation with the Town of Southold. If you have any questions or comments, please contact the writer at 203-663-1695. Very tru yours, Mathew D. Falvey Manager MDF/nja CC: Charles McDermott - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/102692.c&s 9 • FALVlEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Charles McDermott Engineer October 28, 1992 Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, regarding Falvey Construction Corporation's credit proposal for the deletion of Item No. 1 of the Schedule of Values, this firm has received knowledge that Calocerinos & Spina may be creating a breach of contract by doing so. The contract documents, Section 40-02, states the owner reserves the right to make additions or deletions as they deem necessary. Contract law is very explicit as to what guidelines are required to be met prior to any deletion being made. Falvey Construction Corporation believes that no guidelines have been met. Therefore, Falvey Construction Corporation believes that Calocerinos & Spina is wrongfully deleting Item No. 1. This firm is legally entitled to perform all work included in accor- dance with the contract documents. Falvey Construction Corporation is requesting Caloceri- nos & Spina's authorization prior to initiating work. If Calocerinos & Spina can substan- tiate the basis of the proposal deletion, then Falvey Construction Corporation is entitled to receive anticipated profit and overhead for any deleted contractual work. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nja Enclosures CC: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/credit.col FALVEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Charles McDermott Engineer October 28, 1992 TEL 203/663-1695 FAX 203/663-2719 Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated October 21, 1992. How can Calocerinos & Spina possibly believe that the sand on Runway 7 can be removed under the section of Installation of Airport Underground Electrical Conduit, Item L-110. This is a blantant misinterpretation of the contract documents and is causing Falvey Construction Corporation harm. If beach sand removal was to be paid for under Item L-110, then why do the contract documents specify a pay item for removal of the beach sand. It would seem apparent that when Calocerinos & Spina was drafting the contract documents they recognized that the removal of beach sand is unique and required its own section and pay item. For Calocerinos & Spina to contradict themselves at this point in the contract appears to be a desperate and deliberate attempt to cause Falvey Construction Corporation harm. Calocerinos & Spina's position is a clear violation of the contract documents and their responsibility to administer the contract documents in a fair and unbiased manner. Falvey Construction Corporation in accordance with Section 40-03 of the contract documents is entitled for all costs incurred as a result of work performed prior to the proposed deletion of Payment Item #1. If you have any questions or comments, please contact the writer at 203-663-1695. .Very truly yours, (� Mathew D. Falvey Manager MDF/nja Enclosures CC: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:l VW3/Airport/sand.rw7 0 US. Department of Transportation Federal Aviation Administration Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: V. 181 1. 9v.,14 n ., 02%. 305 v,&v ""'M, ny if 581 RECEIVE© NOV g 1992 Southold Town Clerk Elizabeth Field Airport, Fisners island Lighting & Rehabilitation for Runways 7-25 & 12-30 VASI & REILS on R/W's 7, 25, 12 & 30 and Electrical Vault Installation - AIP Project No. 3-36-0029-05-92 and Engineering Design for Runway 12-30 Overlay - AIP 3-36-0029-06-92 Reference is made to a recent letter received from your consultant, Calocerinos & Spina, dated October 29, 1992 advising us that the four (4) additional Runway intersection signs and pavement markings will no longer be made part of the proposed Change Order #1 under AIP 05-92. The design work for these signs and the pavement markings will be included in AIP 06-92 without any additional cost increase to the project by the consultant. The cost of manufacturing these four signs, the associated installation costs and the pavement markings will be included in the Overlay Runways 12-30 and 7-25 project, to be initiated in FY -1993. Also, the same aforementioned letter has advised that the Town of Southold will purchase and install the required shields for the Runway 30 REILs rather than your contractor, Falvey Construction Corporation, since their estimated cost for this work was excessive. We have reviewed both issues raised in October 29, 1992 letter and have no objections. It is our understanding that your costs associated with the REILs will be charged to the 05-92 project and, the proper installation of these shields will be the Town's responsibility. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer C-�Ils 0 0 Calocerinos & Spina Engineers, P.0 RECEIVED November 6, 1992 Ms. Karen Munze NOV 9 1992 New York State Department of Environmental Conservation Building 40 -SUNY SoA44 Tntvn Clerk Stony Brook, New York 11790-2356 Re: Elizabeth Field Airport Airfield Lighting, Visual Aids & Electrical Building Project DEC Permit # 1-4738-00506/00001-0 File: 211.004 Dear Ms. Munze: Calocerinos and Spina Engineers, P.C. (C&S), provided professional services to the Town of Southold for the design of airfield lighting, visual aids and an electrical building at Elizabeth Field Airport. This project also included the removal of sand from the end of Runway 7. The Town received an Article 25 Tidal Wetlands permit from the DEC for the project in June 1992. The purpose of this letter is to request a modification to condition #7 of such permit. Condition #7 states "sand from runway #7 may be placed on beach to create a dune and must be planted with beachgrass on 12 inch centers between September 30, 1992 and November 1, 1992". To date, the sand has not been removed from the runway, thus it was not planted within the specified time frame. It is anticipated that the sand removal will occur during the 1993 construction season. Therefore, we wish to amend condition #7 to allow the beachgrass planting in 1993 instead of 1992. We would appreciate a written response from your office regarding this request. A location map, a site plan, and a photocopy of DEC Permit # 1-4738-00506/00001-0 are enclosed for your review. If you have any questions or need further information, please contact me. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. ��t -)4J (Q Sara S. Freda Assistant Planner SSF Enclosures cc: Scott Harris, Town of Southold R. Philip Knauff, Fisher's Island Ferry District 1020 Seventh hbrth Sl,reet. ti-Ivprpo6,, NY 1 3098-6199 (315`1 457-6;,11 FAX ;;15) '.98u,s Saflower Reef 2000 0 2000 light 4000 Ft. 63 6. �a �Y�g1C 67 ss North t s1, N li`hthousi`04�).Dumplins K 25 / ss a / 0flat / >95 South Hammock / Dumglln` s� .' 3s Is / 30 ' /3 / 2s K pi No ar HI , •?o ' .Hawk! Nest • 0 - Pointe 13 �2 36 29 11 11 40 1 rt / Y• S 0 U 'o 39 Marina of o •• �:.•sHawes ire o 42 3 F1•t. Island" 30 Hay •• • ' 2 Harbor . IS D �' • o 'o Silver /^Bel' • +\ t . course 30 arena ,� • s �.._,�• �� ,� • � R ELIZABETH FIELD",. -IV'- 57 EUZ Wilderness ISLAND Point $LOCK 24 SOUND K ss Race Pt 2'30" 2540000 750wft•E. EUZABETH FIELD VICINITY MAP a FIGURE 1 I SAT PROTECTION MAMED 01MR60 SILVER EEL COVE AmD 0 \S COURTS ' o Oube all �-" 401-' // 14cTE goo Zz'r."TRIARAVE. 1_. /" sr Qa ,/- a All �, i — RREs14aD ono ta[ TED OLD ( / - RUNWAY 2-3o .� RUNWAY 7-25 —N— T 2'00' 20L- 0 , '.V .t BLOCK ISLANO SOHO MELOCATED TI/ESIOD / r NOTES - "'or f /x Q NEW YORK STATE PLANE COORDINATE VALUES / NORTH EAST �� EONE 0c LAS PRorFCTIw r x ARP CULTIMATE) 380143.025 254M.156 / " sac w PLAuv TAEAEKa RW 12 END PAV'T. 380262534 2539142.680 LEGETO PAVED GOAD a m DIRT ROAD ® AI@ODR COAST LINE -C— PROPERTY ZINC ROAD KOUT7MT RW 30 END PALM 379794.076 25425 12..384 RW 07 END PAV'T. 379618.274 2540199.670 RW 25 END PAV'T. 380653373 2541990AST 2Q GRID IS BASED ON NEW YORK STATE PLANE COORDINATE SYSTEM, LONG ISLAND ZONE © AREA =193 ACRES (TITLE Di FEE) REVISIONS TOWN OF SOUTHOLO FISHERS ISLANOMI YORK •T DATE CNANCE ELIZABETH FIELD AIRPORT RUNWAY OVERLAY SEOR PROCESS DESILAEA OE DRAWN XT SHEET 1 OF CHECKED. OE DATE. AUGUST. 192 PROJECT FILE NO, ZIL006.001 ICADO FILE 140+ 222SP211 E.awr . P.C. JUL 02 '92 01-;:'7 MYS.Cr''-4S. New York State Departmen, of Environmental Conservation L .--IC 1dinq 40—SUNY, Stony Brook, Now York 117ti0 2366 (516) 751- 1389 June 18, 1992 Town of Southold Torn Rai!, 53095 Main Rd. Southold, NY 11971 RE; Permit f1-4738-00506/00001-0 Dear Permittee: r.0 Thomas C. Joding Commissioner In conformance with the requirements of the State Uniform Procedures Act (Article 70,ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosJng your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Liao enclosed is a permit sign which is to be ccuspicuously posted at the project site and protected from the Weather. very truly yours, Karen Munze Sr. Environmental Analyst Kin/ rw enclosure IOLVI- !LL ©t '92 09:18 ,Erw��r'N�i Jrv1R?,1k\T .)F k•.� K;�\.\II\'t,';t7\jk✓<ti."O� DEC iER'%I;; 1-4738-00506/00001-0 FACILITY PROCRA.H \J.IetRrF; PERMIT r Undtr the Environmental Conservation Law (ECL) 'YPI OF PERMIT iChttk All ApokKaYlo E1"ni naw Chnw.al Cm"IN �--,I Article 15, Title 5: ;.J Protection of Water Article 15, Title 15.- Water 5:Water Supply Article , 5, Title 15; Water Transport Article 15, The 15: Long island Wella Article 15, Title 27: aid. Scenic and Recreational Rivers 6NYCRA 808: Water Quality Cartltication "it to 7-7 Article 17. Titles 7, 8: SPOES Article 19: Air Pollution Control Article 23, Title 27: Mined rand Reoia 4tion 24: aArticle Fr+esnwater Wegande Article 25: Tidal Wetlands aArticle 27, Title 7: 6NYCRR 360: Solid Waste Management :FFI • •.k ')•It June 18. 1992 FXP!RATION SATE June 30, 1997 Itvtt L.I Pars .a Oaaatl I " I Article 27, Title 9: 6NYCRR 373: Hazardous Wa:u Management Article 34: L.._._J Coastal Erosion Management ArOcis 38: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCAR 3$0: Radtatiat Control t MW PtRMIT ISS Eo To -- Ttt(P,7117mum bs��8Z3 Town oil Southold 3 !O ADDRESS OF PERMITTEE Town Hall, 53095 Main Rd., Southold, NY 11971 CONTACT PERSOtV FOR PERMITTED WORK TILIF'FIONE NUMUR ' Calocerinos & Spina Eng., P.C., 1020 Seventh North St. ,Liverpool, NY 1-.13151 NAME AND ADDRESS OF PROIEGT;FAMITY i 1;1, ioahafh Ri a1 A A; rrnV-r LOCA110101 OF PROIEC71FACIOTY I oott��NTv TOWN.'CIC�C'8aig= wATERcotIRSEIwETIANO No• NYTM COOROkNATjs S�uzfclk Southold 13lock Island Sound r DESCRIPTION OF AUTMORIZED ACTIVITY i Install runway lights. runway end identifier lights, threshold lights; repair of existing obstruction lights. Remove sand from runway, place on beach and vegetate. Work is to be done in accordance with attached NYSDEC approved plans. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL. all applicable regulations, the General Conditions specified (See Reverse Side) and any Special De nV1ti�s inclyfed as part of this permit. ay ws:LJ70 gono PERMIT ADMINISTRATOR ' ADORISS 1JOS m it • • David DeRidder + ei�.Ees es.s>w s'Y• ss�sse� f AUTHORIZED SIGNATURE�OAOV'e— 0— oA'E6/ 18/92 Page 1 of • - '�c•; i •,� , JUL 0'� ' Gc 09: 19 M'YS ENV. Cr*4S. r.4 4,011tTIONA6 CINERAL CONOSTIONS FOR 4I11 .S 19 (title S). 24. 21, 34. 36 and A NYCRR Pan 9 That ; : itu►e operations by :he State of %ow cork requuv An +-• Other env ronmentallY dele:errow 'rl+terlais distiC14:e0 w1cn :,tile terauon in the oosrtion Oi the struc!u.e or Nark heron author red or prose: r 'r! ;he 001MIOn or me 0e0artmenl of ;nv.eonmemil Conservation :3 Anv material dredged .n the prosec'Jcwn 01 :'re,vork Herein pe•rmittec $not cause Vnrtl,O�able o0rruction :o :ne •ray 'lawgation or sod .Mad ow removed evenly, wunout Nv ni :arae refuse pees, ridges across .v+:era or rlood ►tows or endanger the health. sarety or we fare of tris oed of a waterway or ftaodoia.n _r deep `+vies .hat may have a the people Of the State, or cause loss or destruction of the natural rendenCv to cause damage to navl4abis channel, Or to the banks of resources of the State the Owner may be otoered by the Oeciartment to a watenvay remove or alter the structural work, obstructions or hazards caused 114 There shall be no unreasonable interrerence with nav'gatlon by tris wont :nlrrt v wrthOut elver to rhl Starr .Intl .t, upon rhe +icorratiOA or narr.n +uthortlti fcvocanon or this Jermit, the atructurf. 1111 aacJvation, or Other 15 it coon the eRprratron Or nvOtatiOf► or this Defns.t the protect hereby mnfl�hcAtion of the warr►cow%e nerf-tv duthOriietl %AAll Ant he com• authomeM hes not been cormpieted, the appl+cant ,ha(i, without expend 014:t@d. the owners, shall without vtpense to the xate, and to such to'the State. and to such extent and .n such :tme and manner as tr.e extent and in such tome and manner is the Department or Environmental Department of Envlraromental Conservation may re0uire. remove ail er Conse►vat:an may require• remove all or any portion of the uncompleted ato M' portion of the unCoh+piet@d structure or silt And restore the site scruccure or fill ono restore to its i0rmer condition the navlya0{e former l NO Claim shalt be made State oc and flood Capacity or ;he watercourse y0 Claim shall be made against g teratioainstnhe yew York on account of any such removal or aria at o *4;i t account the Scat@ of New York On account Oi anv such removal or alteration 16 if tiranted undar Article 1h, this permit dnes not slimily .n anv way 10 rhll rhe State 0r Naw York ,hall rn no res+ be la+ble rot anv damdur chat the vrot@ct will be free from 110"nil. Or Intury to the structure or work hemp Authpnted which may be Caused 17 If granted under 6 NYCRR part 601, the NYS Department of Environ - by Or result from future o"rstions undertaken by the State for the • mintal Conservation haeebr cemfia that the subject pro+act will Oct cons@rvstion Or improvement of navigation, or for other purposes, and cO!travene effluent limitation Or Other limitations or Standards under no claim Or right to compensatton shall accrue from any such damp@. Si looms 301, 30=. 701. 301 and 307 Of the Clean water Act Of 1977 11 crarlbris of this W" it does not felieve this applicant of the responsf• (' 99.217) provided that all of the conditions listed hereto are met. 0114Y Of 0l taining Any other peiMissrO", consent or approval fMm 11 Alactivities authorized by this permit must be in strict conformance the U.S. Army Corps of Eng:neerS, Ul Coast Cuard. Now York State wit h the approved plans Submitted by the applicant Or his Ag@nt as part Office Of C@neral Services or local government which may be required. of Ithe permit application. 12 All necessary precautions shall be taker+ to preclude Contamination i See special Conditio Sukh approved plans wen prepared bv .� -.--�— of any wetland of waterway by susp@nded solids, s@domenp, fu@{s. SOlventa, lubricants, *DOXY coating paints, COmcretl. I@achate Or anV �J I an SPECIAL CONDIThOINS I. Approved plans shall be the Elizabeth Field Airport Airfield Lighting, Visual Aide and Electrical Building plans by Calocerinos 6 Spina Engineers, P.C. sheets 2 and 4 - 11, dated December 1991 and sheet 3 dated December 1991 revised 5/20/92. ' �2. During construction, no wet or fresh concrete or leachate shall be allowed to escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices be allowed to enter tidal wetlands. 13. Any debris or excess material from constructiotl of Chip project shall be completely i removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlnads. 4. All fill shall consist of "clean" gravel and soil (not asphalt, slag, flyssh, broken concrete or demolition debris). 5. Equipment operation below mean high water is strictly prohibited. 6. Thera shall be no alteration to existing vegetated dune areas. 7. Sand from runway i7 may be placed on beach to create a dune and must be planted with beachgrass on 12 inch centers between September 30, 1992 and November 1, 1992. 8. All planted vegetation must be maintained fora minimum of 5 years at an 802 survival rate. 9. Excavated sand must be placed a minimum of 25 feet landward of apparent high water. I Supplementary Special Conditions (A) thru (J) attached. w >d 31,8*0,08,100001-0 ! 1 rROCRwMi��i�i*v ntJ�tRkR i 3 4 I page of .— Calocennos&Spina P Falvey Construction Corp. 12 Fire Tower Road P.O. Box 699 Killingworth, CT 06419 Gentlemen: U November 2, 1992 Re: Elizabeth Field Airport Airfield Lighting, Visual Aids, and Electrical Building FAA AIP #33-36-0029-04-91 NYSDOT # 0913.04 File: 211.004 We are in receipt of your October 21, 1992 correspondence in which you are requesting the status of Estimate No. 4 for the above referenced project. Please be advised Estimate No. 4 was cut off October 30, 1992 and should be processed the first week of November, providing all manufacturer certifications and weekly certified payrolls are received. If you have any questions, do not hesitate to contact us. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. �56 Lawrence J. Cerretani Inspection Supervisor Airport Division LJC/cb cc: Mr. P. Knauff Mr. S. Harris Mr. C. McDermott Mr. S. Shova 1020 Seventh North Street, Liverpool, NY 13088-6199 ;315) 457-6711 FAX (315) 457-9203 Caiocerinos&Spina E"a; rers. P.c November 3, 1992 Falvey Construction Corporation Post Office Box 699 Killingworth, CT 06417 NOV-5' Re: Elizabeth Field -Fishers Island Airfield Lighting, Visual Aids and Electrical Building FAA-AIP No. 3-36-0029-05-92 N.Y.S.D.O.T. No. 0913.05 File: 211.004 Gentlemen: Below please find our responses to the following issues, on the above -referenced project: 1. Wage Cost Increase: Please refer to our October 1, 1992 correspondence wherein we notified you of the Owner's position. Your continued refusal to pay the required wage rates will leave the Owner no alternative, but to notify the New York State Labor Department. 2. Disputed Contract Time: We are currently reviewing our project records with respect to your request for additional contract time. We will issue a recommendation, upon project finalization. 3. Common Excavation: Our records indicate that any work associated with your payment request of $7,718.70, for work performed in Work Area 1, relates to the installation of conduit for the Threshold Lights, which was included under that item. Accordingly we cannot recommend payment at this time. If you have additional information to support your claim, please forward. 1020 Seventh North Street, Liverpool, NY 13083-6199 ,3151 457-6711 FAX (315) 457-9803 Falvey Construction Corporation Page 2 November 3, 1992 It is our understanding that you are requesting we arrange a meeting with the Owner to discuss these issues. We shall contact the Owner and advise. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. � f� L vLil V Lawrence J. Cerretani Inspection Supervisor Airport Division LJC/kw cc: Mr. S. Harris Mr. P. Knauff Mr. D. Vornea Mr. D. O'Rourke Mr. C. McDermott Mr. A. D'Eredita Mr. H. Wagner -' JY Calocerinos & Spina Engineers, P.C. Mr. Matt Falvey Falvey Construction Corporation 12 Fire Tower Road P.O. Box 699 Killingworth, Connecticut 06419 November 2, 1992 Re: Fishers Island Airport Airfield Lighting, Visual Aids and Electrical Building FAA AIP No. 3-36-0029-05-92 NYSDOT No. 0913.05 File: 211.004 RECEIVED NOV 41992 Southold Town Clerk Dear Mr. Falvey: Regarding your letter of October 26, 1992 requesting C&S to forward $268.63 for long distance phone calls made by our inspector, we offer the following: in accordance with the New York Standard Specifications and the Contract Documents, Falvey Construction Corp. is responsible for all costs associated with the Engineer's Field Office. Therefore, your request for payment by C&S for, long distance phone calls is denied. If you have any questions, please do not hesitate to contact our office. Very truly yours, LOCERIS NA ENGINEERS, P.C. R. McDermott CRM:kal cc: Mr. R. Philip Knauff - Manager, Fisher Island Ferry District Mr. Scott Harris - Supervisor, Town of Southold Mr. Larry Cerretani - C&S Mr. Scott Shova - C&S 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 45"-980 C`6S 0 Calocennos & Spina Engineers, P C. October 29, 1992 Mr. Dan Vornea Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue Valley Stream, New York 11581 F Re: Elizabeth Field - Fishers Island Airport Airfield Lighting, Visual Aids and Electrical Building FAA AIP No. 3-36-0029-05-92 NYSDOT No. 0913.15 File: 211.004 Dear Mr. Vornea: In reference to our letter to Falvey Construction Corporation dated October 23, 1992, we are proposing to include the installation of 4 additional Runway/Runway intersection signs and pavement markings under the Runway 12-30 Overlay Project, FAA AIP No. 3-36-0029-06-92. It is our opinion that a more reasonable cost is obtainable if included as a bid item for the additional signs. In reference to our letter to Falvey Construction Corporation dated October 26, 1992, we are proposing that the Town of Southold purchase and install the required shields for the Runway 30 REILS instead of Falvey Construction Corporation. We have been assured by the manufacturer that installation of the shields is very simple. The cost of the shields will be included in the Airfield Lighting, Visual Aids and Electrical Building project. If you have any questions, please do not hesitate to contact us. Very truly yours, CA OC N ENGINEERS, P.C. Charles R. McDermott Engineer CRM: jmc cc: Mr. Philip Knauff, Manager, Fishers Island Ferry District Mr. Scott Harris, Town Supervisor, Town of Southold Seventh Noil't St'eet. tJVe!p'-";�i FALVIEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 October 27, 1992 Calocerinos & Spina, P.C. 1020 7th North Street L i verpoo 1 , New York 13088 Attention: Larry Cerretani Construction Supervisor Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated October 2, 1992 regarding the wrongful charg- ing of contract days on August 18th and 19th, 1992. Addressing the first sentence of paragraph 2, it seems that Calocerinos & Spina's position as the owner's representative is creating an unreasonable interpretation on the contract document and is misrepresenting the contractor, Falvey Construction Corporation. The engi- neer has a responsibility to administer the contract documents in a fair and reasonable man- ner. Calocerinos and Spina is disregarding this responsibility. Calocerinos & Spina's per- sistence and determination to charge Falvey Construction Corporation is unsubstantiated and without merit and is a clear violation of the contract document section 80-07. A review of the local weather records indicate beavy rains several days prior to and during August 18 and 19, 1992, see Exhibit A. In additional, photographs of the trenches full of water and rain in progress were taken at August 18, 1992, see Exhibit B. Addressing the second sentence of paragraph 2, Falvey Construction Corporation has worked as expeditiously as possible throughout this project. This firm has proven this again and again. Falvey Construction Corporation's schedule was disrupted many times as a result of adverse weather conditions, changes in work, and unforeseen site conditions. As a result, Falvey Construction Corporation reorganized and altered its' schedule to overcome all the obstacles to complete this project on time. cont. • Calocerinos & Spina, P.C. October 27, 1992 Page 2 If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nja CC: Charles McDermott - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/0818-19.fi When sending transmoicns, please include the recipient's fA.29me arld address. SENT BY:NKC/Atmos Sci ;10-29-92 ;11 :05AM 6072552106-► 2036632719;# 2 CLIMATE DATA FOR GROTON AUG 1992 DAY MAX MIN AVG HDD CDD GDD PREC S14OW DEPTH 1 75 64 70 0 5 20 0.00 0.0 0 1 �a S S 68 0 3 18 0.00 o.0 0 3 7B 64 71 0 6 21 0.00 0.0 0 4 75 67 71 0 6 21 0.66 0.0 0 5 76 57 67 0 2 17 0.00 0.0 0 6 '79 55 67 0 2 17 0.00 0.0 0 7 79 55 67 0 2 17 0.00 0.0 0 B 74 55 6;i 0 0 15 0, 00 0.0 0 9 70 60 65 0 0 15 2, 93 0,0 „Mv... 0 10 77 66 7). 0 7 22 0.00 0.0 0 11" 84 67 76 0 11 26 0.:8 0 045:;,x,; -0.`-,,. 12 77 64 70 0 5 20 0.00 0.0 0 13 7;3 58 66 0 1 16 Tr 0.0 0 14 71 60 66 0 1 16 0.28 0.0. 0 15 64 58 61 4 0 11 0.20 0.0 0 16 66 61 b4., __ ,. _ 1 0 14 1. 15 0. 0 0 _ 17 70 60 65 0 0 15 1, 10 0.0 0 18 71 60 66 0 1 16 0.45 0.01 0 19 77 63 70 0 5 20 0.03 0,0 0 20, 73 58 <-66 0 1 16 0,04 0. 0;��`. p 21 76 51 64 1 0 14 0.00 0.0 0 2 12 77 54 66 0 1 16 0. 00 0, 0 0 23 E30 61 71 0 6 0.1 0, 00 010 0 24 78 58 68 0 3 is 0.00 0.0 0 25 05 67 76 0 11 26 0.00 0.0 0 2653 67 75 0 10 25 0.00 0.0 0 27 76 69 73 0 H 23 0. 00 0.0 0 2B 76 64 73 0 8 23 0,00 0.0 0 m 76 65 71 0 6 21 0.06 0,0 0 30 79 53 66 0 1 16 0.00 0.0 0 64 71 0 6 21 0.00 0.0 0 sum 2355 1882 --- 6 118 577 7.18 0.0 --- AVG 76.0 60.7 68.3 THESE DATA ARE PROVIDED BY THE NORTHEAST REGIONAL CLIMATE CENTER U.S. Department of Transportation Federal Aviation Administration L J Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: 40 181 1 YwA&v , Q. 305 VAV ,b,,,,, 72y 1158? Elizabeth Field Airport - Engineering for R/W 7-25 Overlay - Consultant Agreement AIP 3-36-0029-07-92 ,r NOV 2 1992 Sou#,old 7-..— .-1-4 This is to acknowledge that this office received the executed engineering agreement for the subject project via a letter from your consultant, Calocerinos & Spina, dated October 15, 1992. If you have any questions, please call at 516-295-9343. Sincerely, � Dan Vornea Airport Engineer 0 • IFALVEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 October 26, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Chas. McDermott Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 RECEIVED OCT, 3 0 1992 In reference to the above -captioned project, enclosed please find the itemized long distance phone calls made by Calocerinos & Spina's on-site inspector during the months of July, August and September, 1992. Falvey Construction Corporation has paid for all service costs to the Fishers Island Electric Corporation in accordance with the Contract Documents, Sec- tion 612. Falvey Construction Corporation is requesting Calocerinos & Spina forward $268.63 to this firm for actual usage costs incurred. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, . Mathew D. Falvey Manager MDF/nja cc: Larry Cerretani - C&S it Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/phone.c&s 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 ]FALVEY CONSTRUCTION CORP. October 28, 1992 TEL 203/663-1695 FAX 203/663-2719 Calocerinos & Spina, P.C. R���:�® 1020 7th North Street Liverpool, New York . 13088 O+T 3 O 1992Attention: Larry Cerretani' Construction Supervisor Swt-hold Town C.* Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: In reference to the above -captioned project, enclosed please find a copy of the inspection certificate from the New York Board of Fire Underwriters for the electrical wiring as per- formed by Walsh Service. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nja Enclosures CC: Charles McDermott - C&S Phil Knauff - F.I. Ferry Dist. ✓Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:l VW3/Airport/elect.co THE NEW 'MRK BOARD OF FIRE UNMERWRITERS PAGE 1 1235043 BUREAU OF ELECTRICITY 85 JOHN STREET. NEW YORK, NEW YORK 10038 Date OCTOBER 16,1992 Application No. on file 77525692/92 N 253873 THIS CERTIFIES THAT only the electrical equipment as described below and introduced by the applicant named on the above application number in the premises of ELIZABETH FIELD, AIRPORT, FISHERS ISLAND, N.Y. in thefollowinq location; ❑ Basement ® 1st F!. ❑ 2nd F!. OUT Section Block Lot OCTOBER 13 1992 ttvs examined on ' and found to be in cornpliancc with the requirements of this Board. FIXTURE OUTLETS ECEPTACLES SWITCHES INCANDESCENT1 FIXTURES RANGES COOKING DECKS OVENS DISHWASHERS EXHAUST FANS FLUORESCENT I OTHER AMT. I K. W. AMT. K. W. AMT. K.W. AMT. K. W. AMT. H. P. DRYERS FURNACE MOTORS FUTURE APPLIANCE FEEDERS SPECIAL REC'PT TIME CLOCKS BELL TRANS. UNIT HEATERS MULTI.OUTLET SYSTEMS NO. OF FEET DIMMERS AMT. K. W. OIL H. P. GAS H. P. AMT. NO. A. W. G. AMT. AMP. AMT. AMPS. AMT. M. P. AMT. WATTS I SERVICE DISCONNECT NO. OF S E R V I C E AMT. AMP. TYPE METER EQUIP 10 :w 1 .0 3N.' 3 0 3W 3,0 AW No of cc. cor:c. PER .B' a. w. -- - OF CC. COND. — NO. OF HIAEG A. W. G. OF WLEG NO. OF NEUTRALS A. W. G OF NEUTRAL 1 200 CB 1 X 1 250 1 50 OTHER APPARATUS: G.F.C.I:-10 iil�i�-E'er'' l ntiLo1T ohnvlun L1L-.$7L4-G HONTAUK AVE. FISHERS ISLAND, NY, 06390 This certificate must not be altered in any manner; return to the office of the Board if incorrect. Inspectors ma U GENERAL MANAGER 11 �� Per y be identified by their credentials. E ]FALVEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 October 26, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Larry Cerretani Construction Supervisor Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 OCT � g 19y -%dWd rows, Cle f In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's letter dated October 13, 1992. Please be advised Falvey Construction Corporation continues to reserve its rights to bill the Town of Southold for any and/or all costs incurred to this firm as a result of any delay regarding the relocation of Runway 30 REIL units. At the time the full impact is known, Falvey Construction Corpora- tion may or may not deem it necessary to seek restitution of damages. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nja Enclosures CC, Charles McDermott - C&S hil Knauff - F.I. Ferry Dist. 11-yScott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/relocate.rw IFALV]EY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 October 26, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Larry Cerretani Construction Supervisor Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 RECEIVED OCT+ 2 9 1992 S0061d Town Clerk In reference to the above -captioned project, Falvey Construction Corporation acknowledges receipt of Calocerinos & Spina's weekly statement of contract days charged dated October 9, and October 15, 1992. Please be advised this firm believes two factors need to be under- stood. A. As noted in Falvey Construction Corporation's previous correspondence, this firm believes two days were charged incorrectly. Said days must be taken into account under Cal- ocerinos & Spina's charging of the contract time. Further, as noted in Falvey Construction Corporation's previous correspondence, this firm believes a time extension is warranted for owner caused delays during the first and second weeks in September. This also must be taken into account under Calocerinos & Spina's charging of the contract time. Again, Falvey Construction Corporation is requesting an extension of time for owner caused delays. Please refer to Falvey Construction Corporation's correspondence dated September 3, 1992. B. To the best of this firm's knowledge, Calocerinos & Spina is aware that a delay was inflicted upon Falvey Construction Corporation as a result of the misunderstanding between the New York Board of Fire Underwriters and Calocerinos & Spina. Falvey Construction Corpo- ration was ready to accept power at the service entrance on October 5, 1992. This firm did not receive power until October 13, 1992, approximately 12 days later. As a result of the aforementioned conflict, this firm was delayed in the progression of work due to circum- stances beyond Falvey Construction Corporation's control. Falvey Construction Corporation is hereby requesting an extension of time as a result. This too must be taken into account in Calocerinos & Spina's charging of contract time. cont. Calocerinos & Spina, P.C. October 26, 1992 Page 2 If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nJa Enclosures CC: Charles McDermott - C&S Phil Knauff - F.I. Ferry Dist. Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/contract.day CJ� Calocerinos & Spina Engineers, P.C. October 26, 1992 Mr. Matt Falvey Falvey Construction Corporation 12 Fire Tower Road P.O. Box 699 Killingworth, Connecticut 06419 Re: Elizabeth Field - Fishers Island Airport Airfield Lighting, Visual Aids, and Electrical Building FAA AIP No. 3-36-0029-05-92 NYSDOT No. 0913.15 File: 211.004 Dear Mr. Falvey: We have reviewed your proposal: for installing shields on the Runway 30 REILS for the above - referenced project. We have recommended to the owner not to accept your proposal based on the unreasonable additional costs you have presented. Therefore, on behalf of the Owner, your proposal to perform the additional work is denied. If you have any questions, please do not hesitate to contact our office. Very truly yours, , P.C. R. McDermott Engineer CRM Jmc cc: Mr. R. Philip Knauff - Fishers Island Ferry District Mr. Scott Harris - Supervisor, Town of Southold Mr. Philip Brito - FAA, NYADO Mr. Larry Cerretani - C&S Mr. Scott Shova - C&S 1020 Seventh North Street, Liverpool, Ni' 13088-6199 (315) 457-671 FA)" (315" 45 � -98'U" Calocerinos & Spina Engineers, P.C. OCT 2 8 October 23, 1992 Mr. Matt Falvey Falvey Construction Corporation 12 Fire Tower Road P.O. Box 699 Killingworth, Connecticut 06419 Re: Elizabeth Field - Fishers Island Airport Airfield Lighting, Visual Aids, and Electrical Building FAA AIP No. 3-36-0029-05-92 NYSDOT No. 0913.15 File: 211.004 Dear Mr. Falvey: We have reviewed your proposal for installing 4 additional Runway/Runway intersection signs and pavement markings for the above -referenced project. We have recommended to the owner not to accept your proposal based on the unreasonable additional costs you have presented. Therefore, on behalf of the Owner, your proposal to perform the additional work is denied. If you have any questions, please do not hesitate to contact our office. Very truly yours, C PERINO PINA NGINEERS, P.C. Charles R. McDermott Engineer CRM: jmc cc: Mr. R. Philip Knauff - Fishers Island Ferry District Mr. Scott Harris - Supervisor, Town of Southold Mr. Philip Brito - FAA, NYADO Mr. Larry Cerretani - C&S Mr. Scott Shova - C&S 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX, 5i 4� -' ?' .' DEPARTM OF TRANSPORTATION WEEK ENDING FEDERAL AVIATION ADMINISTRATION October 16, 1992 CONSTRUCTION PROGRESS AND INSPECTION REPORT FAAP/ADAP FAAP/ADAP PROJECT NUMBER 3-36-0029-05-92 AIRPORT NAME ELIZABETH FIELD AIRPORT -FISHERS ISLAND YPEOFCONTRACT - AIRFIELD LIGHTING, VISUAL CONTRACTORS NAME AIDS & ELECTRICAL BUILDING FALVEY CONSTRUCTION CORPORATION !_ ROUGH ESTIMATE OF PERCENT COMPLETION TO DATE OF CONSTRUCTION PHASES SEE ATTACHED 2 BRIEF OUTLINE OF WORK COMPLETED OR IN PROGRESS THIS WEEK - All runway lights and signs were tested on both runways. - Electrical Building equipment was tested and put in operation. - Runway lights and visual aids were turned over to pilot control. 1 BRIEF WEATHER SUMMARY THIS WEEK INCLUDING APPROXIMATE RAINFALL & PERIODS OF BELOW FREEZING TEMPERATURE 10/13/92 - high - 63* - low - 52, - precip. - 0.0" 10/14/92 - high - 58* - low - 49' - precip. - 0.0" 10/15/92 - high - 67' - low - 52' - precip. - 0.0' 4. CONTRACT TIME (6o Days) 5. BRIEF SUMMARY LABORATORY AND FIELD TESTING THIS WEEK None DAYS CHARGED/ LAST WORKING DAYS REMAINING DAY CHARGED 65/-5 10/15/92 & WORK BY CONTRACTOR ANTICIPATED FOR NEXT WEEK - Label vault equipment, place circuit ID tags in each electrical manhole, install photo cell relay and threshold lenses. 7. PROBLEM AREAS OR OTHER COMMENTS - Waiting for photo cell relay and threshold lenses. - Contractor over Contract Time. SPONSOR'S INSPECTOR OR REPRESENTATIVE 'YPED OR PRINTED NAME AND TITLE SIGNATURE DATE 10/21/92 Scott Shova, Resident Inspector p ` /, -.AA FURM 5370-1 • 0 DATE OF REPORT: 10/16/92 PROJECT: Elizabeth Field Airport - Fishers Island - Airfield Lightina, Visual Aids & Elec. Bldg. 1. Rough Estimate of Percent Completion to Date of Construction Phases: P-152 (1) 0% L-115 (20) 100% P-152 (2) 100% L-125 (21) 95% P-612 (3) 100% L-125 (22) 100% P-620 (4) 100% L-125 (23) 100% L-102 (5) 100% L-125 (24) 100% L-106 (6) 100% L-125 (25) 100% L-107 (7) 100% L-125 (26) 100% L-108 (8) 100% L-125 (27) 100% L-108 (9) 100% L-125 (28) 100% L-108 (10) 100% L-125 (29) 100% L-108 (11) 100% L-125 (30) 100% L-109 (12) 100% L-125 (31) 100% L-110 (13) 100% L-125 (32) 100% L-110 (14) 100% L-125 (33) 100% L-110 (15) 100% L-125 (34) 100% L-110 (16) 100% L-125 (35) 100% L-110 (17) 100% M-1 u0 (35) 1 v0% L-112 (18) 100% M-200 (37) 100% L-115 (19) 100% FALVEY CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 October 21, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: Chas. McDermott Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, please be advised Calocerinos & Spina and Fal- vey Construction Corporation have measured all quantities of equipment and material installed and completed in place. Several of the original estimated quantities differ from the actual. Calocerinos & Spina, i.e. Scott Shova stated their firm will forward a change order for all increased quantities. As of this date, Falvey Construction Corporation has not received such and are requesting the fully authorized change orders be forwarded. Thank you for your cooperation. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, Mathew D. Falvey Manager MDF/nja CC: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. ✓Scott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW3/Airport/changeord 12FIRE TOWER ROAD p�.BOX O89 KILLINGWORTH, CT 06419 ��� �� FALVEY CONSTRUCTION CORP -~-r 22' 1992 ' ' Calocerinos & Spina, P.C. ' 1020 7th North Street Liverpool, New York 13088 Attention: Chas. McDermott Engineer Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AlP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 2O3/6G3'1OQ5 FAX 203/663-2719 In reference to the above -captioned project, enclosed please this firm's fourth payment req- uisition for your processing. If you have any questions or comments, please contact the writer at 203-663-1695. Very truly yours, / 'T� ' -'�L`^J l^�. n-w~wv Mathew D. Falvey �x Manager MDF/nja cc: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. V~Scott Harris - Town of Southold Scott Shova - C&S File: FIAlR/FCC/CT-O/GC:1 0 0 FALV E Y CONSTRUCTION CORP. 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 October- 21, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York: 1'088 Attention: Chas. McDermott. Engineer Fie: Airfield Lighting, Visual Aids & Electrical Buildiny Elizabeth Field, Fishers Island, New YorE: AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 In reference to the above -captioned project, enclosed please find the operating and mainte- nance manuals for the following items: Medium Intensity Elevated Lights - ADB-ALNACO, Inc. Taxiway & Runway Signs - L-858 - ADB-ALNACO, Inc. Wind Cone - Type L-807 - ADB-ALNACO, Inc. Radio Control Unit - RL -854 - ADB-ALNACO, Inc. Constant Current Regulators., L-828 LC Type - ADB-ALHACO, Inc. PAPIs L -880/L-881 Style A - ADR-ALNACO, Inc. REILs Type L-849, Style A - ADR-ALNACO, Inc. External Wiring Diagram - L -849A, L -849C - ADA-ALNACO, Inc. If YOU have any questions or comments, please contact the writer at 203-663-1695. Very t.1 -u l y yours, ,J ' I . �✓ n Mathew D. Falvey Manager MDF/nja cc: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. ✓cott Harris - Town of Southold Scott Shova - C&S File: FIAIR/FCC/CT-0/GC:1 VW.3/manual s. f i 0 Cafocerinos & Spina Engineers, P.C. 2 3 Mr. Matt Falvey Falvey Construction Corporation 12 Fire Tower Road P.O. Box 699 Killingworth, Connecticut 06419 October 21, 1992 Re: Elizabeth Field - Fishers Island Airport Airfield Lighting, Visual Aids, and Electrical Building FAA AIP No. 3-36-0029-05-92 NYSDOT No. 0913.15 File: 211.004 Dear Mr. Falvey: In reference to your letter dated October 5, 1992, and our phone conversation on October 19, 1992, we offer the following response. Paragraph No. 2 of your letter indicates that Falvey Construction Corporation performed work under Item P-152, Common Excavation, during the first week on-site. You indicated in our phone conversation that the work performed as described in your letter was necessary to install the proposed conduit across the Runway 7 threshold. Section L-110-4.2 in the Contract Specifications states that all excavation shall be considered unclassified excavation and that unclassified excavation shall consist of the excavation of all material regardless of its nature. Section L-110-5.1, Method of Measurement, states that this item includes all required excavation, therefore, your request for separate payment to be made under Item P-152, Common Excavation, is denied. The credit you have proposed for the deletion of Item No. 1, Common Excavation, Area No. l is unacceptable. The final change order for this project will reflect the correct credit to be given to the Town of Southold. 1020 Seventh forth Street- I_bverpoo6, N1Y 100 -6199 (.315) 457-67; r F A 315 Mr. Matt Falvey Page 2 October 21, 1992 If you have any questions, please do not hesitate to contact our office. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Charles R. McDermott Engineer CRM:jmc cc: Mr. R. Philip Knauff Mr. Larry Cerretani Mr. Scott Harris Mr. Scott Shova r RECEIVED CT+2 2 9992 �� pin, Mr. Phil Knauff Fisher's Island Ferry District Commissioner Airfield Lighting, Visual Aids Fisher's Island Ferry District and Electrical Building Foot of State Street New London, CT 06320 - 211.004 October 19, 1992 ^✓e are sending you XX nerewitn a. seta -ate _ via Original Third Estimate and Claim Voucher, for the above -referenced project. --e above are XX a::.r.'_ a rc`1lS, =r -cnstruct'on _ XX Payment mer --arses. If you have any questions, please feel free to contact us. 4f oseo are not as netea. pease not;f,, ..�s aL LJnce J. Cerretani Inspection Supervisor Airport Division LJC/kw Enclosures cc: Ms. Judith Terry (w/enc.) AccountNumber ............. Invoice *............. Date......... _......19........ _ . . TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: ....._..Qa���........... . Falvey Construction Corporation Payee Reference: Address: .................................... .....P.ost .Office .Box .699 ........... . . Phone No. ........ ......Killingworth, .Gann .Q641Q ........ Vendor Contact CashDiscount .................. %......... Days ..................................... Item No. 23-12 Description of Material/Service Ai rport - Invoice #3, 10/7/92 ILDING (FAA-AIP No. 3-36-0029-09-92, NYSDOT 0913.0q) Quantity Unit Amount Price Pursuant to. the terms of the Contract, dated May 1, 11992, by arM Vetween the jown of Southo-ld and Falvey attached hereto_.. AMOUNT DUE CONTRACTOR THIRD ESTIMATE --------------- TOW------------ 5 Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Falve onstr n orad .Dated .. _ �` ...............19 .... bY3. _ . _ _ _ ... . Signature . ... ......;............................................................................... ....................................: 46ECT: ELIZABETH FIELD AIRPORT -FISHERS ISLAND File No. 211.004 ' AIRFIELD LIGHTING, VISUAL AIDS & ELECTRICAL BUILDING , FAA-AIP NO. 3-36-0029-05-92, N.Y.S.D.O.T. NO. 0913.05 Date: 10/7/92 • Estimate No: Three TO THE TOVE OF SOUTHOLD: , • e Pnrsomt to the terms of the Contract, dated May 1. 1992, by and between the Town of Southold and , Falvey Construction Corporation, contractor for the construction of the Elizabeth Field Airport -Fishers Island, Airfield Lighting, Visual Aids & Electrical Building (FAA-AIP No. 3-36-0029-05-92, N.Y.S.D.O.T. No. 0913.05), we hereby submit the Third Estimate, for work completed through October 2, 1992: • ORIGINAL . QUANTITY Item CONTRACT UNIT : TO UNIT TOTAL $ Number DESCRIPTION : QUANTITY DATE PRICE TO DATE _ .------------- )--------------- ----------------------- ------------- , P-152 L s Common.Excavatina, Area No. 1 100.002 : L.S. : D.00S : $10,000.00 $0.00 . :. P-152 .2. : Paved Excautinn(Bituminous Concrete) 900.00 : S.Y. : 896.11 : 3.00 2,688.33 : P-612 3. : Field Office 100.005 : L.S. : 93.00% : 18,200.00 16,926.00 : P-620 4. : Runway Painting 13,000400 : s.f. : 0.00 : 0.50 0.00 : L-102 5. Electrical Building Electrical Service 100.00% : L.S. : 90.00% : 9,000.00 8,100.00 : L-106 6. : Segmented Circle 100.002 : L.S. : 20.00% : 15,300.00 3,060.00 : L-107 7. Lighted Wind Cone 100.00% : L.S. : 95.00% : 16,700.00 15,865.00 : L-108 8. Cable Trenching for the Installation of Underground Cable 8,600.00 l.f. 7,766.50 2.25 17,474.63 L-108 9. No. 8 AHG 600V Type C Single Conductor Underground Cable instld in Trench/Duct 28,300.00 : l.f. 28,300.00 0.38 10,754.00 L-108 10. : No. H AVG 5XV Type C Single Conductor Underground Cable instld in Trench/Duct 12,900.00 11. 12,900.00 0.38 4,902.00 1-108 11. .: No. 6 AVG Bare Copper Counterposie Vire installed in Trench including Grounding Rods and Exothermic Connections 9,500.00 l.f. 9,500.00 0.28 2,640.00 L-109 12. Installation of Airport Electrical Building Equipment, in.Place 100.001 : L.S. 50.001 : 30,000.00 15,000.00 : : L-110 13. : 4 -wap Electrical Duct Bank Type I 700.00 : l.f. 697.00 : 55.00 38,335.00 : : L-110 14. 8 -wap Electrical Duct Bank Type I 200.00 : l.f. 195.00 : 70.00 13,650.00 : : L-110 15. 2 -in Dia RSC installed in Pavement 3,000.00 : l.f. 2,408.40 : 4.00 9,633.60 : : L-110 16. : 2 -in Dia RSC installed in Turf 270.00 : l.f. 212.00 : 2.00 424.00 : : L-110 17. :.2 -in Dia RSC reinstalled in turf z 190.00 l.f. : 126.00 : 2.00 252.00 : : 1-112 18. : Electrical Building 10D.002 : L.S. 85.002 : 40,000.00 : 34,000.00 : : L-115 19. : Electrical Manhole No. 1 1.00 each : 1.00 : 12,250.011 : 12,250.00 : : L-115 20. : Pull Box Reinstallation 1.00 : each : 1.00 : 500.00 : 500.00 : : L-125 21. : Medium Intensity R/p Edge Lights, : Base Mounted, in Pavement 57.00 each : 39.00 : 315.00 12,285.00 L-125 22. : Runway 25 Threshold Lights 100.00% : L.S. : 100.00% : 3,800.00 3,800.00 L-125 23. : Airport Guidance Sign No. R-2-5, : Base Mounted, in Pavement 100.001 : L.S. 100.00% : 2,655.00 2,655.00 L-125 24. , Airport Guidance Sign No. R-2-19, : Base Mounted, in Pavement 100.00% : L.S. 100.00% : 2,655.00 2,555.00 L-125 25. : Airport Guidance Sign No. R-1-3, : Base Mounted, in Turf 100.00% : L.S. 100.005 : 2,400.00 2.400.00 L-125 26. : Airport Guidance Sign No. R-1-19, : Base Mounted, in Turf 100.00% : L.S. 100.005 : 1,400.00 2,400.00 L-125 27. : R/V End Identification Light (REIL) : System, Runway 7 End 100.00% : L.S. 90.00% : 8,250.00 7,425.00 L-125 28. : R/V End Identification Light (REIL) : System, Runway 25 End 100.00% L.S. 90.00% : 8,250.00 7,425.00 _ 29. R/W End Identification Light (aEIW ; es Syst, Sunray 12 End 100.00% : L.S. 80.�: 8,250.00 : 6,600.00 i- 125.30. : R/V End Identification Light (NEIL) . t + System, Runway 30 End 100.00% : L.S. 80.00% : 8,250.00 6,600.00 L-125 31. : Generic Visual Approach Descent . Indicator System, Runway 7 End 100.00% : L.S. 75.001 : 9,580.00 7,185.00 L-125 32. : Generic Visual Approach Descent : Indicator System, Runway 25 End 100_001: L.S. 75.00% : 9,580.00 7,185.00 --125 33. : Generic Visual Approach Descent Indicator Systea, Runway 12 End 100.001 : L.S_ 80.00% : 9,580.00 , 7,664.00 L-IZS 34. Generic Visual Approach Descent . Indicator System, Runway 30 End 100.001 : L.S. : 75.00% : 9,580.00 7,185.00 L-125 35. : Removal of Existing Runway Edge Lights 100.00% : L.S. : 0.001 : 7,500.00 0.00 9-100 36. : 11 P of Traffic... 100.001 : L.S. s 90.001 : 23,500.00 21,150.00 9-200 37. Mobilization 100.00% : L.S. 100.00% r .. 16,000.00 16,000.00 STATEMENT OF DAYS CHARGED TOTAL CONTRACT DAYS 60 LESS DAYS CHARGED 57 wwww DAYS REMAINING 3 TUTU CONSTMCTION CORPORMON IT: TITLE: Idles DM:2- Total Amount of Work Done to Date ----------- --------------- $327,088.56 Less 5% Retained -------------------------- -- -- 16,354.43 www wl,wwwwwwww 5310,734.13 Amount Recouended for Payment, Previous Estimates ------ 169,475.08 wwwwwwwwwwwww AMOUNT DUE CORTRACTOR, SECOND ESTIMATE =------ - $141,259.05 CALOCERINOS E SPINA Engineers, P.C. Barold R. Wg a net .E. 1 Division Manager FALVEY CONSTRUCTION CORP. 12FIRE OWER ROAD R�� TEL 203/663-1695 FAX 203/663-2719 KILLINGWORTH, CT 06419 OCT (2 21992 October 15, 1992 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention : Larry Cerrentani Construction Supervisor Re : Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 WAGE COST INCREASES ! In reference to the above caption project Falvey Construction Corporation finds it to be interesting that the information supplied in the contract documents is now subject to modifications. This firm questions why the owner would include such pertinent data in the Contract Documents then deny their inclusion well after the construction phase has begun? These wage rate increases, ie. "change order cost", were unforeseen at the time of contract signing and by the owners inclusion of wage rates in the Contract Documents forces the bidding contractors to rely on this data and are bound by such. It must be understood that advertisements do not form the signed and agreed upon Contract Documents. It is also interesting to note Calocerinos & Spina's understanding of material incorporated into the bid. Why would Falvey Construction Corporation provide unknown and unpublished cost in a competitive bid situation ? What is apparent is only what is noted in the Contract Documents ! Did Calocerinos & Spina have superior knowledge of this work and fail to properly notify and release all pertinent information ? As far as the "labor law" is concerned Falvey Construction Corporation is agreeable to pay any dollar amounts , ie. wage rate increases, as long as the owner recognizes its responsibilities and provides the proper executed change order for this work, as noted in this firms previous correspondence. The contractor should not assume this "risk". For the owner is the one who is receiving the ultimate benefit thereby assuming all risk. The Contract Documents state that workmen are to be paid in accordance with the terms stated with -in. Section 40-02 refers to Alterations on Quantities. It clearly states that any changes in the work will require all wages to be determined as included in the originally awarded Contract. Section 70-20 #2, Secretary of Labor Requirements, Item A notes that all workmen are to be paid the full amount of the wage rates as determined by Secretary of Labor. These rates are attached and made part of the Contract Documents. Falvey Construction Corporation can not be held responsible for any unknown or unforeseen changes to the Contract Documents. This firm bid specifically on the information contained in the Contract Documents. Any changes to said Documents is made thru a "change order". Again, it must be noted Falvey Construction Corporation will not be responsible for any delays in the resolution of this matter. If you have any questions or comments please contact this writer at (203)-663-1695. Sincerely, Mathew D. Falvey Manager file:FI AIR/FCC/CT-0/GC:/ fi-gjc-4 cc: C. McDermott - C&S P. Knauff - F.I. Ferry Dist. A✓S. Harris - Town of Southold S. Shova - C&S P Ah DEPARTMENT OF TRANSPORTATION wEEK ENDING FEDERAL AVIATION ADMINISTRATION October 9, 1992 CONSTRUCTION PROGRESS AND INSPECTION REPORT FAAP/ADAP FAAP/ADAP F'RO.IECT NUMBER 3-06-0029-05-92 AIRPORT NAME ELIZABETH FIELD AIRPORT -FISHERS ISLAND TYPE OF CONTRACT - AIRFIELD LIGHTING, VISUAL CONTRACTOR'S NAME AIDS & ELECTRICAL BUILDING FALVEY CONSTRUCTION CORPORATION t. ROUGH ESTIMATE OF PERCENT COMPLETION TO DATE OF CONSTRUCTION PHASES SEE ATTACHED 2U 2. BRIEF OUTLINE OF WORK COMPLETED OR IN PROGRESS THIS WEEK - Electrical Building roof was Installed. - Restoration of trenches was completed. - Installation of Electrical Building equipment was continued. 3. BRIEF WEATHER SUMMARY THIS WEEK INCLUDING APPROXIMATE RAINFALL & PERIODS OF BELOW FREEZING TEMPEFIATURE 10/05/92 - high - 60' - low - 44' - precip. - 0.0" 10/06/92 - high - 63' - low - 35' - precip. - 0.0" 10/07/92 - high - 54' - low - 45' - precip. - 0.0" 10/08/92 - high - 65' - low - 45' - precip. - 0.0" 10/09/92 - high - 67' - low - 48' - precip. - 0.0' 4. CONTRACT TIME (60 DBys) 5. BRIEF SUMMARY LABORATORY AND FIELD TESTING THIS WEEK None DAYS CHARGED/ LAST WORIONG DAYS REMAINING DAY CHARGED 62/-2 10/09/92 S. WORK BY CONTRACTOR ANTICIPATED FOR NEXT WEEK - Complete punch list items. - Energize new lighting system. - Removal all exlo.ing r=viwi&j edge lights. 7. PROBLEM AREAS OR OTHER COMMENTS - 100% of contract time has elapsed; approximately 98% of the work is completed. SPONSOR'S INSPECTOR OR REPRESENTATIVE TYPED OR PRINTED NAME AND TITLE SIGNATURE DATE Scott Shova, Resident Inspector 10/07/92 FAA FORM s37a1 DATE OF REPORT: 1019/92 PROJECT: Elizabeth Field Airport Fishers Island - Airfield Lighting. Visual Aids & Elec. Bldg _ - 1. Rough Estimate of Percent Completion to Date of Construction Phases: P-152 (1) 0% L-115 (20) 100% P-152 (2) 100% L-125 (21) 90% P-612 (3) 100% L-125 (22) 100% P -M (4) 100% L-125 (23) 100% L-102 (5) 95% L-125 (24) 100% ° L-106 (6) 100% L-125 (25) 100% L-107 (7) 100% L-125 (26) 100% L-108 (8) 100% L-125 (27) 100% L-108 (9) 100% L-125 (28) 95% L-108 (10) 100% L-125 (29) 100% L-108 (11) 100% L-125 (30) 100% L-109 (12) 95% L-125 (31) 100% L-110 (13) 100% L-125 (32) 100% L-110 (14) 100% L-125 (33) 100% L-110 (15) 100% L-125 (34) 100% L-110 (16) 100% L-125 (35) 50% L-110 (17) 100% M-100 (36) 98% L-112 (18) 100% M-200 (37) 100% L-115 (19) 100% C�s Calocerinos & Spina Engineers, P.C. To: Mr. Philip Brito Manager Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue Valley Stream, New York 11581 Attention: Enclosed please find the following: i RECEIVED OCT, 16 1992 SouffwAd Town CeA Re: Fisher Island -Elizabeth Field Airfield Lighting FAA AIP No. 3-36-0029-05-92 NYS PIN No. 0913.05 File: 211.004 Date: 14 -Oct -92 - Three copies of Partial Payment Request No. ONE (Form 271) for your review and processing. Remarks: If you have any questions or need additional information, please do not hesitate to contact us. CALOCERINOS & SPINA ENGINEERS, P.C. Enclosures �� cc: Mr. R. Philip Knauff / Ms. Judith T. Terry 'Sheila M. Farley Grants Administrator ` 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 457-9801:) • i Mr. M. Falvey Falvey Construction Corporation 12 Fire Tower Road Post Office Box 699 Killingworth, CT 06419 Dear Mr. Falvey: U Re: Elizabeth Field Airport Afield Lighting, Visual Aids and Electrical Building FAA-AIP No. 3-36-0029-04-91 N.Y.S.D.O.T. No. 0913.04 File: 211.004 We have reviewed your September 18, 1992 correspondence regarding the Runway 30 REIL unit location, on the above -referenced project, and have been directed to inform you of the following, on behalf of the Owner. Be advised, we have not changed our position and still do not concur that relocating the REEL units on Runway 30 five feet caused a delay, or warrants additional monies and a time extension, as other work was conducted on the project. If you have any questions, do not hesitate to contact us. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Lawrence J. Cerretani Inspection Supervisor Airport Division LJC/kw cc: Mr. S. Harris Mr. P. Knauff Mr. D. O'Rourke Mr. H. Wagner Mr. D. Vornea Mr. A. D'Eredita Mr. S. Shova �0Lii SevenTh �;1.;-in ilii, .. C, _ ._Jr ',�vw.�'� ��i`;p J�.�ii 'i.�il -C;1 I s FAX 1,3 57-9 CK3 4 IN 12 FIRE TOWER ROAD P.O. BOX 699 KILLINGWORTH, CT 06419 r is FALVEY CONSTRUCTION CORP. January 04, 1993 Calocerinos & Spina, P.C. 1020 7th North Street Liverpool, New York 13088 Attention: James Leana Inspector Supervisor Re: Airfield Lighting, Visual Aids & Electrical Building Elizabeth Field, Fishers Island, New York AIP Project No. 3-36-0029-04-91 NYSDOT Project No. 0913.04 Dear Gentlemen: TEL 203/663-1695 FAX 203/663-2719 RECEIVED 'AN 8 " Southold T,,�-,•e r�orl, In reference to the above -captioned project and in response to Calocerinos & Spina's letter dated December 23, 1992, please be advised of the following: 1. Shop Drawings a. Electrical Building Roof Materials - these submittals were re -submitted on October 25, 1992 as requested because the original submittal was illegible. Enclosed is a copy of that re -submittal. 2. Material Certifications a. L-106 (6) Paint for segmented circle - previously submitted - additional copies enclosed. b. L-108 (9) No. 8 Awg 600V cable - Rome Cable Corp. - copies enclosed c. L-108 (11) No. 8 Awg bare copper wire - Aetna Insulated Wire Co. - copies enclosed d. L-109 (12) Liquid tight flex conduit - Electri-flex - copies enclosed e. L-109 (12) Type A light fixtures - RAB Electric Mfg. Inc. - copies enclosed f. L-109 (12) Type 5-20R outlets - Leviton Mfg. Co., Inc. - copies enclosed g. L-109 (12) Lighting contactors - Josyln Clark Controls, Inc. - copies enclosed h. L-109 (12) Photo controls - ADB-ALNACO Lighting Prod. — copies enclosed i. L-110 (13) Type 2 Subbase 3/4" - will forward as soon as received j. L-112 (18) Built up roof materials - Atlas Roofing Corp. AC Foam - copies enclosed - Trumbull - Steep Asphalt - copies enclosed k. L-125 Padlocks - Master #4 - copies enclosed 3. Certified Payrolls a. Metcalf Paving - forwarded to Scott Shova on November 24, 1992 4. Record Drawings a. All Field Wiring Locations - forwarded to Scott Shova on November 24, 1992 y e . Calocerinos & Spina, P.C. January 4, 1993 Page 2 5. Work Items to Complete a. Label regulators and panels - completed on January 4, 1993 b. Plug holes in PAPI units - ADB-ALANCO stated plugs are being shipped If you have any questions and/or comments, please contact the writer at 203-663-1695. MDF/nja Enclosures CC: Larry Cerretani - C&S Phil Knauff - F.I. Ferry Dist. ✓Scott Harris - Town of Southold Chas. McDermott - C&S Scott Shova- C&S File: FIAIR/FCC/CT-0/GC:1 Sincerely, r) Mathew D. Falvey Manager VW3/Airport/certs.3 CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING ELIZABETH FIELD AIRPORT TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK FAA AIP PROJECT NO. 3-36-0029-04-91 NYSDOT PROJECT NO. 0913.04 DECEMBER 1991 ORIGINAL 0 CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING ELIZABETH FIELD AIRPORT TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK FAA AIP PROJECT NO. 3-36-0029-04-91 NYSDOT PROJECT NO. 0913.04 1991 211.004 CALOCERINOS & SPINA ENGINEERS, P.C. 1020 Seventh North Street f Liverpool, New York 13088 Ronald L. Peckham, P.E., N.Y.S.P.E. Lie. No. 56719 a NO ALTERATION PEStWrrM MUUN EXCEPT AS PROVIDED UNDER SEWN 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW. 211.004 i TABLE OF CONTENTS ADVERTISEMENT GENERAL PROVISIONS Section 10 - Definition of Terms Section 20 - Proposal Requirements and Conditions Po q 20-01 - Notice to Contractors 20-02 - Prequalilication of Bidders 20-03 - Contents of Proposal Form 20-04 - Issuance of Proposal Forms 20-05 - Interpretation of Estimated Proposal Quantities 20-06 Examination of Plans, Specifications and Site 20-07 - Preparation of Proposal 20-08 Irregular Proposals 20-09 - Proposal Guarantee 20-10 - Delivery of Proposal 20-11 - Withdrawal or Revision of Proposals 20-12 - Public Opening of Proposals 20-13 - Disqualification of Bidders 20-14 - Material Guarantee 20-15 - Requirements for Corporation, Firm, Partnership or Individual from Different States 20-16 - Public Liability Insurance for Construction Contract 20-17 - Addenda and Interpretation 20-18 - Sales Tax Exemption 20-19 - State Provisions 20-20 - General Municipal Law and State Finance Law 20-21 - Equal Employment Opportunity Requirements 20-22 - State and Federal Participation 20-23 - Wage Rates Section 30 - Award and Execution of Contract 30-01 - 30-02 - Consideration of Proposals Award of Contract 30-03 - Cancellation of Award 30-04 - Return of Proposal Guarantee 30-05 - Requirements of Contract Bonds 30-06 Execution of Contract 30-07 Approval of Contract 30-08 Failure to Execute Contract 30-09 - Commencement and Completion 30-10 Power of Attorney 30-11 - Contract Drawings Furnished to Contractors BID AGREEMENT __ 17 /R9 TOCA Section 40 - Scope of Work 40-01 Intent of Contract 40-02 - Alteration of Work and Quantities 40-03 Omitted Items 40-04 - Extra Work 40-05 - Maintenance of Trak 40-06 - Removal of Existing Structures 40-07 - Rights In and Use of Materials Found 50-07 In the Work 40-08 -Final Cleaning Up 40-09 - Debris 40-10 - Subsurface Conditions Section 50 - Control of Work 50-01 - Authority of the Engineer 50-02 - Conformity with Plans and Specifications 50-03 - Coordination of Contract, Plans and 60-04 Specifications 50-04 - Cooperation of Contractor 50-05 - Cooperation Between Contractors 50-06 - Construction Layout and Stakes 50-07 - Automatically Controlled Equipment 50-08 - Authority and Duty of Inspectors 50-09 - Inspection of the Work 50-10 - Removal of Unacceptable and Unauthorized . Work 50-11 - Load Restrictions 50-12 - Maintenance During Construction 50-13 - Failure to Maintain the Work 50-14 - Partial Acceptance 50-15 - Final Acceptance 50-16 - Claims for Adjustment and Disputes 50-17 - Shop and Setting Drawings 50-18 - Electrical Shop Drawings 50-19 - Shop Drawing Approval Procedure 50-20 - Removal of Water 50-21 - Sheeting and Bracing Section 60 - Control of Materials 60-01 Source of Supply and Quality Requirements 60-02 - Samples, Tests and Cited Specifications 60-03 - Certification of Compliance 60-04 Plant Inspection 60-05 Field Office 60-06 Storage of Materials 60-07 - Unacceptable Materials 60-08 - Owner -Furnished Materials 12 r 1 1 1 1 i 1 1 1 1 1 l 7 1 t Section 70 - Legal Relations and Responsibility to Public 70-01 Laws to be Observed 70-02 Permits, Licenses and Taxes 70-03 Patented Devices, Materials and Processes 70-04 Restoration of Surfaces Disturbed by - Character of Workers, Methods and Equipment Others 70-05 - Federal Aid Participation 70-06 - Sanitary, Health and Safety Provisions 70-07 - Public Convenience and Safety 70-08 - Barricades, Warning Signs and Hazard - Termination for National Emergencies Markings 70-09 - Use of Explosives 70-10 - Protection and Restoration of Property - Night Work and Landscape 70-11 - Responsibility for Damage Claims 70-12 - Third Party Beneficiary Clause 70-13 - Opening Sections of the Work to Traffic 70-14 - Contractors Responsibility for Work 70-15 - Contractors Responsibility for Utility Service and Facilities of Others 70-16 - Furnishing Rights -of -Way 70-17 - Personal Liability of Public Officials 70-18 - No Waiver of Legal Rights 70-19 - Environmental Protection 70-20 - Archaeological and Historical Findings 70-21 - New York State Department of Transportation, Airport Development Contract Requirements 70-22 - Required Provisions for Federally Assisted Airport Construction Projects 70-23 - General Municipal and State Finance Law 70-24 - New York State Participation Section 80 - Prosecution and Progress 80-01 - Subletting of Contract 80-02 - Notice to Proceed 80-03 - Prosecution and Progress 80-04 - Limitation of Operations 80-05 - Character of Workers, Methods and Equipment 80-06 - Temporary Suspension of the Work 80-07 - Determination and Extension of Contract Time 80-08 - Failure to Complete on Time 80-09 - Default and Termination of Contract 80-10 - Termination for National Emergencies 80-11 - General Airport Operating Requirements 80-12 - Specific Airport Operating Requirements 80-13 - Night Work 80-14 - Occupancy Areas 80-15 - Safety on Airports During Construction Activities 12/89 TOC -3 �I Section 90 - Measurement and Payment 90-01 - Measurement of Quantities 90-02 - Scope of Payment 90-03 - Compensation for Altered Quantities 90-04 - Payment for Omitted Items 90-05 - Payment for Extra and Force Account Work 90-06 - Partial Payments 90-07 - Payment for Materials on Hand 90-08 - Acceptance and Final Payment 90-09 - Guarantee 90-10 - Security for Guarantee 90-11 - Lien Law SPECIAL PROVISIONS Item Number Description P-152 Excavation and Embankment P-158 Subbase Course P-409 Bituminous Concrete Pavement P-603 Bituminous Tack Coat P-605 Joint Sealing Filler P-610 Structural Portland Cement Concrete P-612 Field Office P-620 Runway Painting , T-902 Topsoil, Seed and Mulch L-102 Installation of Airport Service Entrance L-106 Segmented Circle L-107 Installation of Airport Wind Cones L-108 Installation of Underground Cable for Airports L-109 Installation of Airport Electrical Building Equipment L-110 Installation of Airport Underground Electrical Duct L-112 L-115 Electrical Building Electrical Manholes and Pull Boxes L-125 Installation of Airport Lighting and Navigational Systems M-100 Maintenance and Protection of Traffic M-150 Project Survey and Stakeout M-200 Mobilization PLANS Sheet Number Title , 1 Title Sheet 2 General Plan 3 Lighting Plan and Details 4 Lighting Plan 5 Details 6 Details 7 Marking Plan 8 Electrical Building Plans, Sections and Details 9 Electrical Building Schedules and Elevations 12/89 TOC -4 1 11 Electrical Building Plans and Details 12 Lighting Control Schematic rEND OF SECTION 1 1 1 1 i 1 1 1 1 12/89 TOC -5 7 i� ADVERTISEMENT NOTICE TO CONTRACTORS FOR THE CONSTRUCTION OF AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING AT THE ELIZABETH FIELD AIRPORT Sealed bids for the construction of Airfield Lighting, Visual Aids and Electrical Building Contract will be received at the Town Clerk's Office, 53095 Main Road, Southold, New York until 1:00 p.m., local time, March 12, 1992, and there, at said office, at said time, publicly opened and read aloud. iThe project generally includes the installation of an electrical building and airfield lighting and navigational aid systems including runway edge lights, glide slope indicators, runway end identification lights, lighted windcone and segmented circle, and installation of all related electrical control and distribution equipment. The Contract Documents, consisting of the Advertisement, General Provisions, Bid, Agreement, Special Provisions and Contract Drawings, may be obtained only from the Town Clerk's Office, 53095 Main Road, Southold, New York, (516/765-1801) upon deposit of fifty dollars ($50.00) per set (check only). Any bidder, submitting a sealed bid, upon returning the drawings in good condition within thirty (30) days of the bid date will be refunded the full amount of his deposit. Non -bidders will not be refunded their deposits. Parties failing to conform to the above conditions within the prescribed allotted time shall forfeit their deposits as heretofore set forth and shall have no recourse against the Town of Southold for refunds of the Plans and Specifications deposit. Copies f op es o the above described Contract Documents may be examined at no expense at the Town Clerk's Office, 53095 Main Road, Southold, New York, at the Office of Calocerinos & Spina Engineers, P.C., 1020 Seventh North Street, Liverpool, New York (315/455-7981), and at the Fishers Island Ferry District Office on Fishers Island (516/788-7463). Each bid must be accompanied by a certified check or bid bond, in the amount of five percent (5%) of the total maximum bid price (combination of base bid or alternate bid plus add-on items) for the contract in the form and subject to the conditions provided in the Preparation of Proposal. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Execu.ive Order 11246, as amended). 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals for minority and female participation, expressed in percentage terms for the Contractor's Work 10/90 ADV -1 2. The goals for minority and female participation, expressed in percentage terms for the Contractor's Work Force on all construction work in the covered area, are as follows: Goals for Minority Goals for Female Participation Participation 5.8% 6.9% These goals are applicable to all the Contractor's Construction Work Force (whether or not it is Federal or Federally -assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered. area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Contractor goals shall be a violation of the Contract, the executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000at any tier for construction work under the Contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Suffolk County, New York. Bidders are hereby notified that all bids may be rejected if the lowest responsive bid received exceeds the Engineer's estimate by more than seven percent (7 %) and it is determined that an award of Contract would cause excessive inflationary impact. The right is reserved to waive any informalities in the bid and to reject any and all bids. TOWN OF SOUTHOLD END OF SECTION 10/90 ADV -2 SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these Specifications, in the Contract, in any documents or other instruments pertaining to construction where these Specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these Specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff or surface maneuvering )f aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be use I for the unobstructed movement of aircraft in addition to its associated runway, taxiway or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft and includes its buildings and facilities, if any. The name of the Airport for which bids are being taken is Elizabeth Field Airport, Town of Southold, Fishers Island, New York. P1 10/90 GP 10-1 I 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Cot tractor covering changes in the Plans, Specifications or proposal quantities and establishing the basis of payment and Contract time adjustment, if any, for the work affected by such changes. The work, covered by a Change Order, shall be within the scope of the Contract. P1 10/90 GP 10-1 I 1 10-13 CONTRACT. The written Agreement covering the work to be performed. The awarded Contract shall include but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans; and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the Ir Contract. 10-15 CONTRACT TIME. The number of calendar days or working days stated in the proposal, allowed for completion of the Contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the Contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the Contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches and structures b which surface or y subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER The individual, firm partnership, or corporation duly authorized by the Owner (sponsor) to be responsible for engineering supervision of the Contract work and acting directly or through an authorized representative. The Consulting Engineers as a duly authorized onzed representative ,s Calocerinos &Spina Engineers, P.C., 1020 Seventh North Street, Liverpool, New York 13088. 10-19 EQUIPMENT. All machinery, together with the nrcessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded Contract, as previously modified by Change Order or Supplemental Agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the Contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. They may be obtained from: Specifications Activity Printed Materials Supply Division Building 197 Na- el Weapons Plant Washington, D. C. 20407 10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. The Inspector shall be represented from the firm of Calocerinos & Spina Engineers, P.C. 1� J 10/90 GP 10-2 1 11 1 1 1 1 1 1 1 1 10-24 INTENTION OF TERMS. Whenever, in these Specifications or on the Plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the Contract Specifications or a cited standard shall be interpreted to include all general requirements of the entire section, Specification item, or cited standard that may be pertinent to such specific reference. 10-25 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-26 LIGATING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major Contract Item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than twenty percent (20%) of the total amount of the awarded Contract. All other items shall be considered minor Contract Items. 10-28 MATERIALS. Any substance specified for use in the construction of the Contract work. 10-29 NOTICE TO PROCEED. A written notice to the C :)ntractor to begin the actual Contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the Contract time, begins. 10-30 OWNER (SPONSOR). The term Owner shall mean the party of the first part or the contracting agency signatory to the Contract. For AIP Contracts, the term sponsor shall have the same meaning as the term Owner. Whenever the words "Owner," "Town,""Town of Southold" or "Party of the first part" are used, the same are understood to mean the Town of Southold, New York or its representative duly authorized to act. 10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the Contract. 10-34 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and deta;ls of the airport and the work to be done and which are to be considered as a part of the Contract, suppleme ,cary to the Specifications. 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10/90 GP 10-3 I This project generally includes the installation of an Electrical Building and Airfield Lighting and Navigational Aid systems including Runway Edge Lights, Glide Slope Indicators, Runway End Identification Lights, Lighted Wind Cone and Segmented Circle, and all related electrical control and distribution equipment. 10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the Plans and Specifications. 10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a Contract if his/her proposal is accepted by the Owner. 10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-39 SPECIFICATIONS. A part of the Contract containing the written directions and requirements for completing the Contract work. Standards for specifying materials or testing which are cited in the Contract Specifications by reference shall have the same force and effect as if included in the Contract physically. 1040 STRUCTURES. Airport facilities; such as, bridges, culverts, catch basins, inlets, retaining walls, cribbing, storm and sanitary sewer lines, water lines, underdrains, electrical ducts, manholes, handholes, lighting fixtures and bases, transformers, flexible and rigid pavements, navigational aids, buildings, vaults, and other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 1041 SUBGRADE. The soil whict_ forms the pavement foundation. 1042 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-43 SUPPLEMENTAL AGREEMENT. A written Agreement between the Contractor and the Owner covering: 1) work that would increase or decrease the total amount of the awarded Contract, or any major Contract Item, by more than twenty-five percent (25%), such increased or decreased work being within the scope of the originally -awarded Contract, or 2) work that i$ not within the scope of the originally -awarded Contract. 1044 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. 1045 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-46 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract, Plans, and Specifications. 1047 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday, on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the Contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. 10/90 GP 10-4 t 1 1 7 10-48 DATUM. All elevations shown on the Plans refer to USGS Datum, unless otherwise shown or specified. 1049 EQUIVALENTS. Whenever in these Specifications any particular brand, material or device is specified, with or without the term "or equal" or "other approved" or similar qualification, it is to be regarded as indicating the standard of excellence required. Another brand, material or device of equal merit in the opinion of the Engineer may be used, provided that the Contractor in his bid or proposal has stated what article he proposed to furnish in place of that specified. In case no such statement is made, the Contractor will be considered to contemplate the particular goods named. 10-50 RESIDENT ENGINEER. The representative of the Owner directly in charge of the work. For this project, the Resident Engineer will be the firm of Calocerinos & Spina Engineers, P.C. 10190 END OF SECTION GP 10-5 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 NOTICE TO CONTRACTORS. (See Advertisement) 20-02 PREQUALIFICATION OF BIDDERS. Each bidder may be required to furnish the Owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder may be required to furnish the Owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the Owner. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner within forty-eight (48) hours after the time such evidence is requested. 20-03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The Plans, Specifications, and other documents designated in the proposal form shall be considered a part of the proposal. 1 20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. C. Contractor default under previous contracts with the Owner. D. Unsatisfactory work on previous contracts with the Owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these Specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the Contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or decep`iui. because of such estimates of quantities, or of the character, location, or other conditions pertaining to th., work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the Plans and Specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 07/91 GP 20-1 B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed it she proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. D. If the proposal contains unit prices that are obviously unbalanced. E. If the proposal is not accompanied by the proposal guaranty specified by the Owner. 07/91 GP 20-2 10-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, Plans, Specifications, and Contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed Contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract, Plans and Specifications. Boring logs and other records of subsurface investigations and tests, if applicable, are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the Plans, Specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. JMMW PREPARATION OF PROPOSAL. DO NOT REMOVE the bid forms from this book. All Contract Documents, except the separately bound Contract Drawings, must be submitted with the bid. The bidder shall submit his/her proposal on the forms attached hereto. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each payment item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. DO NOT ROUND OFF NUMERALS. Bids will be compared, computed and canvassed on the basis of the approximate estimate and quantities stated is the bid. The bidder shall sign his/her proposal correctly apd in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of ' each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the State under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. t Each bidder is required to state in his bid the names and places of residence of any and all persons interested in the bid; that the bid is made without any connection with any person making another bid for the same contract; and that it is in all respects fair and without collusion or fraud. Each bid must be made upon the printed proposal, which is part of this notice, sealed with a standard envelope and endorsed upon the outside of the envelope with the name of the work to which the enclosed bid relates. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: A. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. . B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed it she proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. D. If the proposal contains unit prices that are obviously unbalanced. E. If the proposal is not accompanied by the proposal guaranty specified by the Owner. 07/91 GP 20-2 The Owner reserves the right to reject an irregular proposal and the right Y gu P Po to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 PROPOSAL GUARANTY. Each separate proposal shall be accompanied by a certified check or bid bond payable to the order of the Town of Southold in the amount of five percent (5 %) of the total maximum bid price (c3mbination of base bid or alternate bid plus add-on items) for the Contract. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably certified, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the Advertisement before the time specified for opening all bids. No bid will be accepted from or Contract awarded to any person who is in arrears to the Owner upon debt of Contract or who is in default, as Surety or otherwise, upon any obligations to the said Owner. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened and read, publicly at the time and place specified in the Advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: A. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. ■ B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualifie$ as bidders for any"future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. C. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. 20-14 MATERIAL GUARANTY. Before any Contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the work, together with samples, which may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work. QUIREMENTS FOR CORPORATION, FIRM, PARTNERSHIP, OR INDIVIDUAL FROM DIFFERENT STATES. Before any Contract is awarded, a bidder from another State or possession, other than that in which the proposed work is located, must cr',form to the statutes of that State and may be required to furnish a certificate from the Secretary of State showing that he is authorized to do business in the State or possession. 20-16 PUBLIC LIABILITY INSURANCE FOR CONSTRUCTION CONTRACT. The Contractor is hereby advised that the insurance requirements specified in this section shall be provided. Additional insurance requirements of the State of New York are specified in Section 70-21, Subsection C and any additional requirements or increased limits included therein shall also be provided. 07/91 GP 20-3 7� The Contractor and each Subcontractor, at his own expense, shall procure and maintain until final acceptance by the Owner, of the work covered by the Contract, insurance for liability for damages imposed by law of the kinds and in the amounts hereinafter provided, in insurance companies authorized to do such business in the State covering all operations under the Contract whether performed by the Contractor or by Subcontractors. Before commencing the work, the Contractor and each Subcontractor shall furnish to the Owner one (1) copy of the original policy or certified copy thereof together with four (4) duplicate copies for each of the kinds of insurance required, issued specifically for this Contract. No endorsements of existing policies will be accepted. In addition, five (5) certificates of insurance shall be furnished satisfactory in form to the Owner showing that the Contractor and each Subcontractor has complied with this Section. The policies and certificates shall provide that the policies shall not be changed or cancelled until thirty (30) days after written notice to the Owner. Property damage insurance must in all instances include coverage for explosion, collapse and underground operations (X C U hazards). A. The kinds and amounts of insurance are as follows: 6. Completed Operat',,ns Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor and each Subcontractor arising between the date of the certification of completion of the work and the date of expiration of the guarantee. 7. Automobile Insurance. Automobile public liability and property damage insurance covering all claims against the Contractor, each Subcontractor and the Owner, as a result of work under the contract, shall be provided by the Contractor in the following amounts. 1 07/91 GP 20-4 1. Liability and Property Damage Insurance. Unless otherwise specifically required, each policy with limits of not less than: Bodily Injury Liability Proper Damage Liability Each Person Each Occurrence Each Accident Aggregate $1,000,000 $3,000,000 $1,000,000 $3,000,000 B. For all damages arising during the policy period shall be furnished in the following specified types: 1. Contractor's Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor with respect to all work performed by him under the Contract. 2. Contractor's Liability Insurance issued to and providing coverage to each Subcontractor for liability for damages imposed by law upon each Subcontractor with respect to all work performed by said Subcontractor under the conn act. t3. Contractor's Protective Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor with respect to all work under the Contract performed for the Contractor by Subcontractors. 4. Protective Liability Insurance issued to and providing coverage to the Owner, Calocermos & Spina Engineers, P.C., the Federal Aviation Administration (FAA), the State of New York including the Commissioner and all employees or other representatives of each of them, both officially and personally for all liability for damages with respect to all operations under the Contract, including omissions and supervisory acts of the Owner, Calocerinos & Spina Engineers, P.C., the FAA, the State including the Commissioner and their employees or other 1 representatives. 5. Contractual Liability Insurance issued to and providing coverage to the Owner for liability imposed by Contract upon the Owner for work performed on private land with respect to all operations under the contract by the Contractor or by his Subcontractors. 6. Completed Operat',,ns Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor and each Subcontractor arising between the date of the certification of completion of the work and the date of expiration of the guarantee. 7. Automobile Insurance. Automobile public liability and property damage insurance covering all claims against the Contractor, each Subcontractor and the Owner, as a result of work under the contract, shall be provided by the Contractor in the following amounts. 1 07/91 GP 20-4 I Bodily Iniury Liability ProDerty Damage Liability Each Person Each Accident Each Accident $1,000,000 $3,000,000 $1,000,000 20-17 ADDENDA AND INTERPRETATION. No interpretation of the meaning of the Plans, Specifications and other portion of the Contract Documents will be made orally. Every request for such interpretation must be in writing and addressed to Calocerinos & Spina Engineers, P.C., 1020 Seventh North Street, Liverpool, New York 13088, and to be given consideration must be received at the above address at least seven (7) days prior to the date fixed for opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda, which, when issued, will be sent by certified mail, with return receipt requested, to all holders of Contract Documents at the respective addresses furnished for such purposes, not later than twenty-four (24) hours prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such addenda or interpretation shall not relieve said Bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. 20-18 SALES TAX EXEMPTION. The Owner is exempt from payment of Sales and Compensating Use Taxes of the State of New York and of cities and counties on all materials and supplies sold to the Owner pursuant to the provisions of this Contract. These taxes are not to be included in bids. This exemption does not, however, apply to tools, machinery, equipment or other property leased by or to the Contractor or a Subcontractor to materials and supplies of any kind which will not be incorporated into the completed project, and the Contractor and his Subcontractors shall be responsible for and pay any and all applicable taxes including Sales and Compensating Use Taxes on such leased tools, machinery, equipment or other property or on such unincorporated materials and supplies, and the provisions set forth below will not be applicable to such tools, machinery, equipment, property and unincorporated materials and supplies. _ The Contractor agrees to sell, free of encumbrances, and the O veer agrees to purchase all of the materials and supplies (except as above set forth) required, necessary or p oper for or incidental to the construction of the Project covered by this agreement. Title to all materials and supplies to be sold by the Contractor to the Owner, pursuant to the provisions of the Contract, shall immediately vest in and become the sole property of the Owner upon delivery of such materials and supplies to the Project site. The Contractor shall mark or otherwise identify all such materials and supplies as the property of the Owner. The Contractor, at the request of the Owner, shall furnish to the Owner such confirmatory bills of sale and other instruments as may be required by it, properly executed, acknowledged and delivered, confirming to the Owner, title to such materials and supplies free of encumbrances. In the event that after title has passed to the Owner any of such materials and supplies are rejected as being defective or otherwise unsatisfactory, title to all such materials and supplies shall upon such rejection revest in the Contractor. The sum paid under this Agreement shall be deemed to be in full consideration for the performance by the Contractor of all his duties and obligations under this Agreement in connection with said sale. The Contractor agrees to construct the Project and to furnish and perform all work and labor required, necessary or proper for or incidental thereto, except that the materials and supplies sold to the Owner under the preceding paragraph shall be furnished by the Owner to the Contractor for use in the performance of said work and labor, and the sum paid pursuant to this Agreement shall be deemed to be in full consideration for the performa aces by the Contractor of all his duties and obligations under this Agreement in connection with said work an(' iabor. r The purchase by the Contractor of the materials and supplies sold hereunder will be a purchase or procurement for resale to the Owner (an organization described in subdivision (a) of Sec. M6 of the Tax Law of the State of New York) and therefore not subject to the New York State Sales or Compensating Use or any such taxes of cities and counties. The sale of such materials and supplies by the Contractor to the Owner will not be subject to the aforesaid Sales and Compensating Use Taxes. 07/91 GP 20-5 rl The purchase by Subcontractors of materials and supplies to besold hereunder will also be a purchase or procurement for resale to the Contractor (either directly or through other Subcontractors), and ultimately to the Owner, and therefore not subject to the aforesaid Sales and Compensating Use Taxes, provided that the Subcontract Agreements provide for the resale of such materials and supplies prior to and separate and apart from the incorporation of such materials and supplies into the permanent construction and that such Subcontract Agreements are in a form similar to this Contract with respect to the separation of the sale of materials and supplies from the work and labor to be provided. If as a result of such sale of materials and supplies (1) any claim is made against the Contractor of any Subcontractor by the State of New York or any city or county for Sales or Compensating Use Taxes on the aforementioned materials and supplies or (2) any claim is made against the Contractor or any Subcontractor by a materialman or a Subcontractor on account of a claim against such materiahnan or Subcontractor by the State of New York or any city or county for Sales or Compensation Use Taxes on the afore -mentioned materials and supplies, then, if the Contractor and Subcontractor have complied with the provisions of this Contract relating thereto, the Owner will reimburse the Contractor or any Subcontractor, as the case may be, for an amount equal to the amount of such tax required to be paid in accordance with the requirements of law, rovi that: 1 A. 1. The Subcontract Agreements in connection with this Contract, provide for the resale of such materials and supplies, prior to and separate and apart from the incorporation of such materials and supplies into the permanent construction. ' 2. Such Subcontract Agreements are in a form similar to this Contract with respect to the separation of the sale of materials and supplies from the other work and labor to be provided, and 3. Such separation is actus:ly followed in practice, including the separation of payments for materials and supplies fr )m the payments for other work and labor, and , B. The Contractor and his Subcontractors and materialmen complete New York State Sales Tax Form ST120.1. (Contractor Exempt Purchase Certificate), and furnish such certificate to all persons, firms or corporaticus from which they purchase materials and supplies for the performance of the work covered by this Contract, and C. The Contractor and all Subcontractors maintain and keep, for a period of six (6) years after the date of final payment for the sale, or, if a claim for Sales or Compensating Use Tax is pending or threatened at the end of such six (6) year period, until such claim is finally settled, records, which in the judgment of the Department of Taxation and Finance, adequately show (1) all materials and supplies purchased by them for resale, pursuant to the provisions of this Contract and (2) all materials and supplies sold to the Owner pursuant to the provisions of this Contract, and D. The Owner is afforded the opportunity, before any payment of tax is made, to contest said claim in the manner and to the extent that the Owner may choose and to settle or satisfy said claims, and such attorney as the Owner may designate is authorized to act for the purpose of contesting, settling and satisfying said claim, and E. The Contractor and Subcontractor give immediate notice to the Owner of any such claim, cooperate with the Owner and its designated attorney in contesting said claim and furnish promptly to the Owner and said attorney all information and documents necessary or convenient for contesting said claim, said information and documents to be preserved for six (6) years after date of final payment for the sale, or if such a claim is pending or threatened at the end of such six (6) years, until such claim is finally settled. If the Owner elects to contest any such claim, it will bear the expense of such contest. Nothing in this Article is intended or shall be construed as relieving the Contractor from his obligations under this Agreement and the Contractor shall have the full continuing responsibility to install the materials and supplies purchased in accordance with the provisions of this Contract, to protect the same, to maintain them in proper condition and to forthwith repair, replace and make good any damage thereto without cost to the 07/91 GP 20-6 LFJ Owner until such time as the work covered by the Contract is fully accepted by the Owner. 20-19 STATE PROVISIONS. The bidder's attention is directed to Section 70-21 and 70-24 of the General Provisions for Contract Provisions required by the State. 20-20 GENERAL MUNICIPAL LAW AND STATE FINANCE LAW. The bidder's attention is directed to Section 70-23 of the General Provisions for provisions relating to the General Municipal Law and State Finance Law. 20-21 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. The bidder's attention is directed to Section 70-22 of the General Provisions relating to Special Provisions, Notices and Certifications Concerning Non -segregated Facilities, Wage, Labor, EEO and Safety Requirements. 20-22 STATE AND FEDERAL PARTICIPATION. Part of the cost of this project will be funded by the New York State Department of Transportation under Project No. 0913.04 and the Federal Aviation Administration under the Airport Improvement Program, Project No. 3-36-0029-04-91. 20-23 WAGE RATES. Pursuant to provisions of Section 220-A of the Labor Law, as amended, provides that it shall be the duty of the fiscal officer to make a determination of the schedule of minimum wages to be paid to all laborers, workmen and mechanics for work to be done under terms of this Contract. The amount of supplements listed on the enclosed schedules does not necessarily include all types of prevailing supplements in the locality and a future determination of the Industrial Commissioner may require the Contractor to provide additional supplements. The following wage rates have been filed: A. United Stat ;s Department of Labor - Decision of the Secretary ,B. State of New York Department of Labor, prevailing Wage Rate Schedule "Whenever wage rates for the same occupation are different the Contractor shall pay the highest wage rates." t END OF SECTION i 1 1 r 07/91 GP 20-7 `J0� � {/ U.S apartment of Labor GENERAL WAGE DECISION NO NY9i-43 Supersedes General Wage Decision No. NY90-13 State! NEW YORK County(ies) NASSAU AND SUFFOLK Construction Type: BUILDING, RESIDENTIAL. HEAVY & HIGHWAY Construction Oescription. Building, Residential (includes single family homes and apartments up to and including 4 stories), Heavy & Highway Construction Projects. rModification Record: No. Publication Date Page No (s) i April 1991 902 r r r r r r Vol. 1 901 r J.S. Department of Labor 401 NY9i-13 Vol 1 902 1 1 i 1 1 1 i 1 1 1 1 I i 1 1 1 1 1 1 BASIC FRINGE HOURLY BENEFITS RATES ASBES705 'WORKERS 20.17 9.00 BOILERMAKERS 24.00 10+ BRICKLAYERS 23.79 8.73 CARPENTERS: 'Nassau County (except that part South of the Southern State Parkway West of Seaford Creek, also Smithtown Islip line on the East. Long Island Sound on the North and Middle Island RR track on the South: Careenters: Acostical; Drywall installers: Bu+'aing. Residential (under 2 stories), Heavy & Highway 23.50 9.80 Nassau County (Remainder of County): 23.66 10.47 Suffolk County. Building and Residential 23.50 9.76 Heavy and Highway 23.55 9.76 CEMENT MASONS 21.72 9.52 DIVERS 28.21 10.47 DIVERS TENDERS 21.84 10.47 DOCKBUILOERS 23.66 10.47 Piledrivermen 23.66 10.47 Soft f ' oor ' ayers - 23.66 10.38 *ELECTRICIANS: Eui'ding _ 26 25 37+ 43 5% Wiring of sirgle or mu'tiple family dwe''ings and apartments up to and including 2 stories 17.70 .75{ 29.7% Maintenance Unit 19.66 32/e Installation of television recievers, -alio reCievers, record players, and associated apparatus and antenna and home appliances and closed circuit TV and multiple outlet distribution systems, sound and intercommunication systems and commercial electromechanical devices and appliances where such is not part of an electrical contract 11.075 0 Telephone Unit 18.84 28.625% ELEVATOR CONSTRUCTORS: Elevator Constructors 23.70 5.77 + c+d Helpers 17.78 5.77 + c+d Vol 1 902 1 1 i 1 1 1 i 1 1 1 1 I i 1 1 1 1 1 1 1 U.S. Department of Labor NY91-13 4P, Probationary helpers 11.85 Modernization & Repair: Elevator Constructors 20.56 5.62 + c+d Helpers 15.42 5.62 ; c+d Probationary nelpers 10.253 GLAZIERS 19.80 8.80 SWING SCAFFOLD 20.80 8.80 IRONWORKERS: Structural 21.50 20.68 Ornamental finsher 20.50 15.95 Stone derrickmen & Riggers 22.72 15.19 LABORERS: Building 20.50 7.68 Plasterers tenders 17.90 6.70 Heavy & Highway: Concrete & asphalt rakers 18.73 2.50+ 26� + e Asphalt workers & roller workers; asphalt top shovelers & smoothers; asphalt tampers 18.30 2.50+ 26% + e Jackhammers and drill men; carpenters' tenders; pipe joiners and setters; concrete laborers (structures); stone spreading laborers; trackmen; grading & excavating laborers; yard laborers; puddiers on concrete pavement; asphalt plant (batcher & hoppermen); all other unskilled laborers (other than above on concrete) 16.89 2.50+ 26% + e ' LINE CONSTRUCT.ON 20.30 .60+ 35% MARBLE SETTERS: Cutters & Setters 13.93 4.19 + f Carvers 14.48 4.19 + f Polishers 14.89 2.90 + Crane Operators; Derrickmen 12.91 ' 34 + f Marble Finishers (Helpers) METALLIC LATHERS & REINFORCING 'IRON 12.91 2.90 + f WORKERS 22.63 6.350 + g MILLWRIGHTS 20.79 14.68 PAINTERS: Nassau County (Lakeville Road north from Union Tpke. to Northern Blvd., all areas on north side of Northern Blvd. east to Roslyn Bridge and Hempstead Harbor, bounded by Hempstead Harbor, east, and Long Island Sound, north; all areas south of Sunrise Hwy, going east to Long Beach Rd., then south on Long Beach Rd. to Foxherst Ave., east on Foxherst Ave. to Baldwin Road sign; all areas south of Baldwin Road sign, including Point Lookout and all areas west back to New York City limits: Painters 21.00 34'/, Spray 25.50 34% Fire Escapes 24.00 34% Nassau County (Remainder of County) and Suffolk County: Vol. 1 903 U.S. Department of Labor Vol. I *1 NY91-13 Painters & drywall finishers 19.88 9.62 Spraying, scaffold or rolling scaffold over 18 feet 22.25 9.62 Sandblasting; structural steel 24.65 9.62 Repaint of hospitals, schools and apartment houses 14.79 5.78 PAPERHANGERS 16.84 5.28 PLASTERERS 14.75 5.00 PLUMBERS: Nassau County: 21.77 6.12 Jobbing (repair to present plumbing system that does not change the - `ing roughing or any other minor alteration job where the change to the existing roughing does not have a labor cost over $1,500 14.55 4.91 Suffolk County 22.75 9.18 POWER EQUIPMMENT OPERATORS (BUILDING CONSTRUCTION): Class 1 19.030 2.40 + 8% +h Class 2 19.305 2.40 + 8% +h Class 3 19.205 2.40 + 8% +h Class 4 17.855 2.40 + 8% +h Class 5 18.855 2.40 + 8% +h Class 6 19.430 2.40 + 8% n Class 7 18.605 2.40 + 8`% +h Class 8 19-055 2-40 + 8%• + Class 9 18.855 2.40 + 8% +r. Class 10 19.405 2.40 + 8% +h Class 11 19.005 2.40 + 8% +h Class 1 2 18 . 105 2 . 40 + 8% +h Class 1 3 18.800 2.40 + 80/C +h Class 14 19.180 2.40 + 8°% +h Class 15 19.230 2.40 + 8% +h Class 16 19.020 2.40 + 80//c +n Class 17 18.630 2.40 + 8% +h Class 18 19.280 2.40 + 8°% +n Class 19 21.900 2.40 +80C +h Class 20 17.488 2.- + 8j� +r. Class 21 20.280 2.4C + 8% +n Class 22 18.020 2.40 + 8% +h Class 23 18.480 2.40 + 8% +h Class 24 17.505 2.40 + 8% +h Class 25 17.730 2.40 + 8% +h Class 26 19.105 2.40 + 8% +h Class 27 19.480 2.40 ' b% +h Class 28 19.565 2.4C + 8% +h Class 29 18.530 2.40 + 8% +h Class 30 19.330 2.40 + 8% +h Class 31 19.860 2.40 + 8% +h Class 32 17.355 2.40 + 8% +h C'I ass 33 18.605 2.40 + 8% +h POWER EQUIPMENT OPERATORS (HEAVY & HIGHWAY): Class 1 19.030 2.40 + 8% +i Class 2 19.400 2.40 + 8% +i Class 3 19.255 2.40 + 8% +1 904 1 1 1 1 1 i 1 1 1 1 i 1 1 1 1 i 1 U.S. Department of Labor NY91-13 Class 4 Cass 5 Class 6 Class 7 Class 8 Class 9 Class 10 Class 11 Class 12 Class 13 Class 14 Class 15 Class 16 Class 17 Class 18 Class 19 C1ass 20 Class 21 Class 22 Class 23 Class 24 ROOFERS SHEET METAL WORKERS SPRINKLER FITTERS & STEAMFITTERS Refrigeration, air conditioning and oil burner maintenance and installation mechanics (installation of commmercial equipment where the combined horsepower does not exceed 5 horsepower; installa- tion of air cooling, heating and air conditioning on any job where the com- bined horsepower does not exceed 10 horsepower) STONE MASONS TERRAZZO & MOSAIC WORKERS TERRAZZO & MOSAIC FINISHERS TILE SETTERS TILE FINISHERS TRUCK DRIVERS: Building: Ready -mix concrete, sand, gravel, & bulk cement Asphalt High Rise Heavy: Euclids & turnapulls Landscapers: Euclids & turnapulls 4� 16 .780 2.40 + 8% +1 18 530 2.40 + 8 +i 18.970 2.40 + 8% +1 18.220 2.40 + 8;, + 18.755 2.40 + 8 +i 18.450 2.40 + 80/, +i 18.915 2.40 + 80/, +1 17.845 2.40 + 80 +i 18.220 2.40 + 80/' +i 17.130 2.40 + 8% +i 18.865 2.40 + 8% +i 16.815 2.40 + 8% +i 18.435 2.40 + 8% +1 19.245 2.40 + 8% +i 18.570 2.40 + 8% +i 16 . 820 2.40 + 8%, 4i 18.395 2.40 + 80/ +1 17.275 2.40 + 80/, +i 18.490 2.40 + 8% +i 19.655 2.40 + 8% +i 16.605 2.40 + 8% +1 20.18 10.64 24.33 10.288 25.30 11.65 13.98 1.57 18.00 3.75 23.66 4.38 15.48 2.71 24.605 5.18 18.36 3.47 16.00 6.40 + j+k 18.74 11.2825 14.965 9.8775+ g+j 18.335 11.1625 18.805 11.1625 WELDERS - Rate for craft to which the welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as pro- vided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)), FOOTNOTES: Vol. 1 905 U.S. Department of Labor An employee shall be paid for absence due to personal illness, April 1 of the current year shall be entitled to a vacation of one week, and the employee whose continuous service credit started NY91-'.3 prior to October 1 of the preceding year shall be PAID HOLIDAYS: A -New Year's Day; B -Memorial Day; C -Independence Day: vacation of two weeks. Employees who D -Labor Day; E -Thanksgiving Day; F -Christmas Day. a. Paid Holidays: A and F, Good Friday and Friday after Thanksgiving b. Paid Hoildays: A through F, President's Day, the anniversary of the employee works or shows up for work on the scheduled day the employee's date of employment, and the employee's birthday. All employees whose continuous service credit began prior to An employee shall be paid for absence due to personal illness, April 1 of the current year shall be entitled to a vacation of one week, and the employee whose continuous service credit started C. d. prior to October 1 of the preceding year shall be entitled to a Birthday, Columbus Day, Armistice Day and Friday after vacation of two weeks. Employees who on March 31 of the current ;Fear have continuous service credit of six years .lith Company shall be entitled to a vacation of 2 weeks and 1 day; those with 7 the employee works or shows up for work on the scheduled day years, 2 weeks and 2 days; 8 years, 2 weeks and 3 days; 9 years, 2 weeks and 4 days; 10 years, 3 weeks; 15 years, 4 weeks; 25 years g. and over, 5 weeks. who report for work on such days shall be paid afternoon holiday Vol. 1 906 1 An employee shall be paid for absence due to personal illness, personal injury, or death in the immediate family at his basic rate for a period of five (5) days in any calender year. C. d. Employer contributes $8.00 a day. Paid Holidays: A through F, Lincoln's Birthday, Washington's Birthday, Columbus Day, Armistice Day and Friday after Thanksgiving Day. e. Paid Holidays: A througn F, Lincoln's Birthday, Washington's Birthday, Columbus Day, Veteran's Day and Election Day, provided the employee works or shows up for work on the scheduled day before and the scheduled day after the holiday. f. Paid Holiday: One half day's pay for Labor Day. g. Paid Holiday: Employees employed on December 24 and December 31 who report for work on such days shall be paid afternoon holiday pay of four hours each day. Paid Holidays shall be included for purposes of Vacation Credit. h. Paid Holidays: A through F, Lincoln's Birthday, Washington's Birthday, Columbus Day, Election Day and Veterans Day. i. Paid Holidays: A through F, Lincoln's Birthday, Washington's Birthday, Columbus Day, Election Day and veteran s Day, provided employee works the day after the holiday. j. For each 15 days worked with the contract year an employee will receive one day vacation with pay, maximum vacation of 3 weeks per year. In addition, an emplyee who qualifies for two weeks (10 days) vacation or more with pay and who has been continuously employed by his employer for six years before the close of any contract year, shall be entitlee to one extra day vacation; seven years before the close of any zontract year, shall be entitled to two extra day vacation; eight years before the close of any contract year, shalt be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra day vacation; ten years before the close of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall any employee be entitled f to more than three weeks vacation with pay per year. k. Paid Holidays A thru F, Lincoln's Birthday, Washington's Birthday, Election Day, Veteran's Day provided the employee works 2 days in Vol. 1 906 1 1 L.J i 1 1 1 U.S. Department of Labor NY91-13 the calendar week in which the holiday falls and shapes each remaining work day during such calendar week. 1. For each 15 days worked within the contract year an employee wi'l receive one day's vacation with pay, maximum vacation of 3 weeks per year. All 10 year employees wort.ing 150 days in the contract year shall receive 3 weeks paid vacation, with pay in advance. Vacation time shall be counted toward the following year's vacation. M. Paid Holidays: A through F plus Washington's Birthday, Good Friday, Decoration Day, Election Day for the President of the United States, and Election Day for the Govenor of New York State. Provided the work the day before or after the holiday. CLASSIFICATION DESCRIPTIONS POWER EQUIPMENT OPERATORS (BUILDING CONSTRUCTION) Class 1: Asphalt spreader. Class 2: Backhoe, dragline, gradall, piledriver, shovel. Class 3: Batching plant (on site of job), power winch (used for stone or steel), power winch truck -mounted (uses for stone or steel), pump (concrete). Class 4: Bending machine, generator (small!, vibrator, 1 to 5 dinky locomotive. Class 5: Boiler, bulldozer, compressor (or crane), compressor (pile work), compressor (stone setting), concrete breaker, conveyor, generator (pilework), loadinq machine (front end), maintenance engineer, mechanical compactors (machine drawn), powerhouse, power winch truckmounted (used for other than steel or stone), pulvi- mixer, power winch (used for other than steel), pump (double action diaphram), pump (gypsum), pump (hydraulic), pump (jet), pump (single action - 1 to 3), pump (well point), welding and burning, welding machine (pilework). Class 6: Boom truck, crane (crawler or truck), conveyor - multi -plant engineer, stone spreader (self-propelled). Class 7: Compressor, compressor (2 or more in battery).. generator, mulch machine, pin puller, portable heaters, pump (4 inch or over), trac tamper, welding machine. Class 8: Crane and boom truck (setting structural or stone). Class 9: Bulldozer (used for excavation), fireman, loading machine, powerboom, scoop (carry -all scraper) vac -all. Class 10: CMI or maxim spreader, concrete spreader, derrick, sideboom tractor. Class 11: Compressor (structural steel). Class 12: Concrete saw or cutter, mixer (with skip), mixer (2 small with or without skip), pump (up to 3 inches), tractor - caterpillar or wheel. Class 13: ;urb machine (asphalt or concrete), curing machine, pump (submersible), tower ;rave maintenance man. Class 14: Dredge. Class 15: Elevator, forklift, hoist (1 drum). Class 16: Forklift (walk -behind, power operated). Class 17: Grader. Class 18: Hoist (2 and drum). Class 19: Hoist (multiple platform). Class 20: Mechanical compacters (hand operated), trench machine (hand). IVol. I 9C7 I U.S. Department of Labor 4p, Class 21: Class 22: Class 23: Class 24: Class 25: Class 26: Class 27: Class 28: Class 29: Class 30: Class 31: Class 32: Class 33: NY91-13 Hoist tandem platform. Hydra -hammer, ridge cutter. Loading machine (with capacity of 1C yds. or over) Oiler, stump chipper. Power buggies. Roller, trench machine. Scoop, carry -all, scraper in tandem. Sideboom tractor (used in tank work). Stripping machine. Tank work. Tower crane (engineer). Tower crane (oiler). Welding machine, structural steel. 1_. POWER EQUIPMENT OPERATORS (HEAVY & HIGHWAY) Class 1: Asphalt spreader, boom truck, boring machine (other than post holes), CMI or maxim spreader, crane (crawler or truck), conveyor (multi), plant engineer, concrete spreader, sideboom tractor, stone spreader (self-propelled), cherry picker. Class 2: Backhoe, crane (stone setting), crane (structural. steel),dragline, gradall, piledriver, road paver, shovel. Class 3: Batching plant (on site of job), crane (on barge), derrick,sideboom tractor (used in tank work), tank work. Class 4: Bending machine, mechanical compactors (hand operated), pump (centrifugal, up to 3 inches), trench machine (hand). Class 5: Boiler. Class 6: Boring machine (post holes). Class 7: Bulldozer, concrete finishing machine, conveyor, curb machine (asphalt or concrete), curing machine, dinky locomotive, fireman, forklift, hoist (1 drum), loading machine, maintenance engineer, pulvi-mixer, pump '(4 in. or over ), pump (hydraulic), pump (jet), pump (submersible), pump (well point), roller (5 tons and over), scoop (carry -all, scraper), maintenance man (tower crane), vac -all, welding & burning. Class 8: Compressor (on crane), generator (pile work), welding , machine (pile work), power winch (used for other than stone or structural steel) power house, loading machine (front end), comp,essor (pile work), power winch (truck -mounted, used for other than stone or steel), hoist (2 drum). Class 9: Compressor (2 or more in battery). Class 10: Compressor (stone setting), compressor (structural steel), welding machine(structural steel). Class 11: Compressor, mulch machine, pin puller, pump (double action diaphragm), pump (gypsum), pump (single action 1 to 3), striping manhine, welding machine. C1,ss 12: Loadir,g machine, with bucket capacity of 10 yards or over. Glass 13: Concrete breaker, concrete say or cutter, forklift (walk- behind,..power operated), hydra -hammer, mixer (with skip), mixer (2 small with or without skip), mixer (2 bag or over with or without skip), power buggies, power grinders, ridge cutter. Class 14: Dredge. Class 15: Generator (small). t Class 16: Grader. Vol. 1 908 i f 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 U.S. Department of Labor NY91-13 Class 17: Hoist (3 drum), power winch (truck mounted, used for stone or steel), power winch (used for stone setting & structural steel), trench machine. Class 18: Mechanical compactors (machine drawn.), roller (over 5 tons). Class 19: Oiler, root cutter, stump chipper, tower crane (oiler, track tamper). Class 20: Portable heaters. Class 21: Power boom. Class 22: Pump (concrete). Class 23: Scoop (carry -all, scraper in tandem), tower crane (engineer). Class 24: Tractor (caterpillar or wheel). Vol. 1 909 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 FISHER'S ISLAND FERRY DIS to: JAMES W. LEANA CALOCERINOS & SPINA ENGRS.P.C. 1020 SEVENTH NORTH ST. LIVERPOOL NY 13088 Schedule Type -COMPLETE Date 07/03/91 Refer to: PREVAILING RATE CASE NO. PRC 9102912 SUFFOLK COUNTY NATURE AND LOCATION OF PROJECT: ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING AIP NO.3-36-0029-04-91 FISHER'S ISLANO,NY Attached is an Addendum to the schedule of wage rates and supplements for the above project. These rates supersede any previous rates issued to you by the Bureau of Public Work for such job classifications on any projects in the counties indicated on this schedule. This schedule is applicable only from July 1, 1991 through June 30, 1992, unless otherwise noted. If your project goes beyond the period covered by this determination, a new determination should be requested when this schedule expires. Very truly yours, CHET RYSEDORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES : Upon cancellation or completion of this project, enter the necessary information and return this page to the ALBANY OFFICE of the BUREAU at the address listed below: PROJECT HAS BEEN Date Completed Date Cancelled Date Postponed Until Signature Title Contracting . Agency WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below). St.Off.Bldg. # 12, Campus,Albany N.Y.12240 65 Court St.,Buffalo N.Y.14202 155 Main Street West, Rochester N.Y.14814 30 Wall St.,Binghamton N.Y.13901 175 Fulton Ave—Hempstead N.Y.11550 333 East Washington St.,Syracuse N.Y.13202 207 Genesee St.,Utica N.Y.13501 30 Glenn St—White Plains N.Y.10603 PW -200.1 (6-85) docm: letter9a 9A 02 1 1 1 1 1 i 1 1 1 i i 1 1 1 1 1 1 NOTICE of NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES ( • ) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination It is the responsibility of the contracting agency or its agent to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 1st, regardless of whether the new determination has been received by the contractor, When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW -202 (5-90) docm: letterd VERIFYING THE REGISTRATION OF APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work. The New York State Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date , of training, and other related data. This information is computerized and is available ONLY through , the Albany Apprentice Training Central Office. Persons wishing,to verify the apprentice registration of any individual should write to Frank R. Finn, Sr. Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, Room 140, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conslusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, iik:ntification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW - 203 (4-86) docm: letter2e ' PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 1 ' PPREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretaation of Particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates, Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Holiday Pay Holiday pay is the premium pay that is required for work performed on the holidays contained in the negotiated agreement used to establish a prevailing rate. Holiday pay is only applicable where an employee actually performs work on such days. The required rate of pay for covered holidays can be found in the Overtime Pay section listed for each classification. Not all of The holidays on which, if worked, a premium' rate of pay is required are listed in the attached schedule. If you have any questions or need additional information concerning this requirement, please contact the Bureau of Public Work at the number listed below. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. ' Effective Dates When you review the schedule for a particular trade or occupation, your attention should be directed to the dates above the column(s) of rates. These are the dates that a.1y adjustments become effective. However, if the last date listed in a particular occupation is prior to June 30 of the current year, the rate listed for that time period is valid until the new annual determination takes effect on July 1 of that year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual determination on or before July 1, you should contact the Burea•j of Public Work for the correct information. Shift Differential . Where listed, a shift differential requires additional or premium pay for all work Performed after the first shift in each 24 hour period. ' If you have any questions concerning the attached schedule or would likeadditional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (7/01/91) PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 2 OVERTIME Following is an explanation of the code(s) listed_in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. ( AA ) Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly rate after 8 hours per day. ( B1) Time and one half of the hourly rate for the 9th. 8 10th. hours Week days and the 1st. 8 hours on Saturday. Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( CC) Double the hourly rate after 7 and one half hours per day. ( C1) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( D1) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half 1st 4 hours on Saturday double the hourly rate all additional Saturday hours. ( 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. ( E3) Between Nov. 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( 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 hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K ) Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday. Sunday and Holidays. ( P ) Double the hourly rate on Sunday. ( 0 ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holicsys, if worked. ( T ) Triple the hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if worked. ( V ) Incluing benefits at SAME PREMIUM as shown for overtime. ( W ) Time and one half for benefit on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS 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 classified. 1 ) None. 2 ) Labor Day. 3 > Memorial Day and Labor Day. 4 ) Memorial Day and July 4th. 5 ) Memorial Day, July 4th and Labor Day. 6 ) New Years Day, Thanksgiving Day and Christmas Day. 7 ) Lincoln's Birthday, Washington's Birthday and Veterans Day. 8 ) Good Friday. 9 ) Lincoln's Birthday. 10 ) Washington's Birthday. 11 ) Columbus Day. 12 ) Election Day. 13 ) Presidential Election Day. 14 ) 1/2 Day on Presidential Election Day. 15 ) Veteran's Day. 16 ) Day after Thanksgivirg Jay. 17 ) July 4th. 18 ) 1/2 Day before Christmas Day. 19 ) 1/2 Day before New Years Day. 20 ) Thanksgiving Day. 21 ) New Years Day. 22 ) Christmas Day. 23 ) Day before Christmas. 24 ) Day before New Years Day. 25 ) Presidents Day. 26 ) Martin Luther King, Jr. Day. (7/01/91) OVERTIME and HOLIDAY REQUIREMENTS �J r� E, 1 r] t 1 1 1 1 i 1 1 1 1 i 1 1 1 1 1 1 1 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 3 ASBESTOS WORKER WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92 6/30/91 12/31/91 6/30/92 12/31/92 Asbestos Worker ............. $ 25.97 Additional Additional Additional OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. PP (per hour worked) Health/welfare....... 3.19 1.00 1.25 1.50 Pension ............... 2.16 per per per Annuity ............... 5.25 hour hour hour Vacation .............. 3.05 Listed supplements apply to A," classifications ( x )Yes ( )No. 8-12 WAGES(per hour) 6/01/90- 5/31/91 Asbestos Worker Removal 8 Abatement Only..... $ 21.66 OVERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/welfare........$ 2.00 Annuity ............... 2.20 Training ...... ....... .50 Listed supplements apply to A� classificatiors ( x )Yes ( )No. 8-201nyc+ BOILERMAKER WAGES(per hour) 9/01/90- 9/01/91- 9/01/92- 8/31/91 8/31/92 8/31/93 Boilermaker.......... $ 27.30 28.50 30.00 OVERTIME PAY: New Work See ( C,O ) on OVERTIME PAGE attached. OVERTIME PAY: Repair Work See (B4O) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 8,16,23,24) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th. 6th 7th. 8th. 60% 65% 70% 75% 80% 85% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 2.25 2.25 2.25 Pension ............... 16% 16% 17% Apprentice Training... .15 .15 .15 Vacation .............. 12% 13% 15% Annuity ............... 15% 15% 15% Listed supplements apply to Aj,j, classifications ( x )Yes ( )No. 4-5 I j ' PAGE PREVAILING RATE SCHEDULE ( )See NOTICE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9e-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 4 ' CARPENTER WA (per hour) 9/01/86- 8/30/87 Building: Draper ............... $ 14.26 OVERTIME PAY: See ( PAID HOLIDAYS: See A, E, P, S ) on OVERTIME PAGE attached. ( 5,6,9,10,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 1.46 Pension ............... 6 % Listed supplements apply to p" classifications ( x )Yes ( )No. 8-440 WA (per hour) ------------------------------ 7/01/90- 7/01/91- 6/30/91 6/30/92 7/01/52- 6/30/93 Building: Millwright........... 21.79 22.79 23.79 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: (- 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEF_I:( TSper Yaur worked) Health/Welfare....... 4.04 4.98 5.77 Pension ............... 3.19 3.09 3.09 Annuity ............... 4.d7 4.94 5.00 Apprentice Training... .30 .35 .50 Scholarship........... Vacation .............. .04 .04 3.47 3.54 .04 13.67 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-740 WA (per hour) -----7------------------------ 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 ' Piledriver........... 24.66 25.66 26.66 Dockbuilder........... 24.66 25.66 26.66 OVERTIME PAY: See ( D. 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 40X SOX 3rd. 4th. 65% 80X , SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456 I j 1 1 1 1 i 1 1 1 1 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 5 Carpenter (cont) WAG (per hour) 7/01/90- 7/01/91- 7/01/92 6/30/91 6/30/92 6/30/93 Marine Construction: Marine Diver ......... $ 29.49 30.77 32.05 Tender.... 22.73 23.62 24.51 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456/D ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Timberman .........$ 22.82 23.72 24.62 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th, 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1536h ------------------------------ _ The following Supplemental Benefits apply to the preceding Carpenter categories and/or occupational titles unless otherwise noted. SUPPLEMENTAL BENEFITS:(per hour worked) for ALL Categories Except Apprentices Health/Welfare ........ $ 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 1.85 1.90 2.00 Apprentice Training... .30 .35 .50 Vacation .............. 2.10 2.10 2.10 Scholarship.......... .04 .04 .04 SUPPLEMENTAL BENEFITS:(per hour worked) for Apprentices Health/Welfare........ $ 4.04 4.98 5.77 Pension ............... 1.55 1.55 1.55 Annuity ............... .93 .95 1.00 Apprentice Training... .30 .35 .50 Vacation .............. 1.05 1.05 1.05 Scholarship........... .04 .04 .04 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-nyc/Supp PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED t State of New York Case Number Bureau of Department of Labor 9102912 Public Work ' 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 6 , Carpenter (cont.) 7/01/90- 7/01/91- WA (per hour) 7/01/90- 7/01/92- 6/30/91 6/30/91 12/31/91 Building: 12/31/92 Carpenter............ $ 24.00 $ 22.60 Additional Heavy/Highway: Carpenter............ $ 24.05 Additional OVERTIME PAY: See ( C ) on OVERTIME PAGE attached. C. O, V) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ° ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) ( 1 ) on HOLIDAY rAGE attached. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. ' 1st 2nd. 3rd. 4th. hour workri) 2.48 1.10 40% 55% 65% 80% 1.10 , SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 4.23.4.23 1.56 per Pension ............... 2.23.1.12 per Apprentice Training... .28• .14 .13 hour Vacation .............. 1.90' .95 hour Annuity ............... 2.10.1.05 2.50 Scholarship Fund...... .01' .005 Listed supplements apply to A" classifications ( )Yes ( x )No. (*)1st b 2nd term Appr. Benefits in second column, all others full benefits. 4-SUF ELEVATOR , WAGES (per hour) 7/01/91- 7/01/92- apply to &L classifications ( x )Yes ( )No. 6/30/92 6/30/93 , Elevator Constructor ... $ 26.58 27.77 ' Helper over 600 hrs. 19.935 20.83 ' up to 600 hrs. 13.29 13.885 Elev. (Modernization).. 23.21 24.21 ' Helper over 600 hrs. 17.41 18.16 " up to 600 hrs. 13.29 13.885 OVERTIME PAY:CONSTR.See ( C,M,T ) on OVERTIME PAGE attached. ' OVERTIME PAY:MODERN.See ( B,F,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Construction Modernization Health/Welfare ........ $ 3.495.3.495 3.845.3.845 , Pension ............... 2.09 •2.09 2.19 •2.19 Education............ .085' .085 .0851 .085 Annuity -Construction.. 2.40 '2.40 2.65 •2.65 Annuity -Modernization. 2.25 •2.25 2.50 '2.50 Vacation .............. 4% ' 4% 4% ' 4% , Listed supplements apply to &" classifications ( )Yes ( x )No. (*)'Helper' supplements appear in second column. 8-1 GLAZIER WA (per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 �. Glazier .............. $ 22.60 Additional Additional Additional OVERTIME PAY: See ( C. O, V) on OVERTIME PAGE attached. ° PAID HOLIDAYS: See ( 1 ) on HOLIDAY rAGE attached. SUPPLEMENTAL BENEFITS:(per Health/welfare........$ hour workri) 2.48 1.10 1.10 1.10 , Pension ............... 1.56 per per per Apprentice Training... .13 hour hour hour Vacation .............. 2.50 Annuity ............... 5.50 Listed supplements apply to &L classifications ( x )Yes ( )No. 8-1087 , State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 7 ELECTRICIAN WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Electrician.......... $ 28.00 29.35 Audio/Sound.......... 28.00 29.35 Fire/Intruder Alarm.. 28.00 29.35 OVERTIME PAY: See Following Note' plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th 8 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd, 4th, 5th. 6th, 30% 35% 40% 50% 60X 70% SUPPLEMENTALBENEFITS:(percents based on gross wages -others per hour) Health/welfare........$ 4.53'Note 5.09'Note Pension ............... 2.10'Note' 2.20'Note Suppl.Unemploy.Benefit .25' .25 .25' .25 Apprentice Training... .12' .12 .12' .12 Annuity .............. 3.22'Note 3.381Note Benefit Fund.......... .84'Note .88'Note Vacation ............. 2.66'Note 2.79'Note Listed supplements apply to A" classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.6f 4.04 Pen 91/92 .63 .74 .84 1.05 1.2( 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.91t 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .5( .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-25 PREVAILING RATE SCHEDULE ( ' )See NOTICE PAGE ATTACHED I State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 ' Published -06/18/91 SUFFOLK COUNTY Page 8 , ELECTRICIAN (cont) WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Lineman .............. $ 28.00 29.35 ' Technician........... 28.00 29.35 Heavy Equip. Oper.... 28.00 29.35 Truck Driver.....,... 28.00 29.35 Groundman............ 28.00 29.35 ' OVERTIME PAY: See Following Note' plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th & 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th. 5th, 6th, 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS:(percents based on gross wages -others Health/welfare........$ 4,53'Note 5.09'Note per hour) Pension ............... 2.10'Note' 2.20'Note Suppl.Unemploy.Benefit .25' .25 .25' .25 Apprentice Training... .12' ,12 .12' .12 Annuity .............. 3.22'Note 3.38'Note Benefit Fund.......... 84'Note .88'Note ' Vacation ............. 2.66'Note 2.79'Note Listed supplements apply to &" classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second rolumn. Note- Appr Ben.- Term- 1st 2nd 3ri 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.f8 3.33 3.68 4.04 Pen 91/92 .63 .74 b4 1.05 .1.26 1.47 92/93 .66 .77 f8 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.;:9 1.61 1.93 92/93 1.01 1.18 1.35 1.69 2.02 2.25 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 ' 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 --------------------------- --- 4-251ine ' Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals, and street lighting. WAG (per hour) 5/01/91- 4/30/92 Electrician 21.75 OVERTIME PAY: See ( 8, G, P ) on OVERTIME PAGE attached. PAID HOLIDAYS: See'( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st, 2nd. 3rd. 4th. 40% 50% 60% 80% , SUPPLEMENTAL BENEFIT!:(percent on gross wages earned) Health/Welfare........$ 9 1/2%+.75 Pension ............... 5 1/2% Annuity ............... 9% Vacation and Holidays. 8 1/2X Appr. Training......... 1/2% Listed supplements apply to A" classifications ( X )Yes ( )No 4-25m 11 1 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 �J Page 9 SUFFOLK COUNTY TELEPHONE ' Rates below are for telephone work up to Point of Demarcation. Point of Demarcation is defined as the point of interconnection between customer provided equipment and telephone company provided facilities. WAGES(per hour) 8/07/88- / / Telephone ' System Technician/Cable Splicing Starting......... 6.90 After 6 mos....... 7.59 ' 12 mos....... 8.33 18 mos....... 9.18 24 mos....... 10.09 30 mos....... 11.08 36 mos....... 12.20 ' 42 mos....... 13.40 ' 48 mos....... 14.74 54 mos....... 16.20 ' 60 mos....... 17.83 Cable Splicing Technician Helper Start ................. 6.08 After 6 mos.......... 6.68 12 mos.......... 7.33 18 mos.......... 8.06 ' 24 mos.......... 8.85 30 mos.......... 9.74 ' 36 mos.......... 10.71 ' 42 mos.......... 11.78 48 mos.......... 12.94 ' Service Technician Starting.......... 6.90 After 6 mos... ... 7.58 ' 12 mos....... 8.33 18 mos... ... 9.15 24 mos....... 10.05 ' 30 mos....... 11.05 36 mos....... 12.14 ' 42 mos....... 13.35 ' 48 mos....... 14.66 54 mos....... 16.13 60 mos....... 17.74 OVERTIME PAY: See ( ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) ' APPRENTICES: (None ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 10.0% Pension ............... 1.8% Savings/Security...... 1.8% Income Protect Fund... .4% Listed supplements apply to A" classifications ( )Yes ( )No. nytele/ns �J Page 9 State of New York PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED ' Department of Labor Case Number Bureau of 9102912 Public Work 9a-7/01/91 thru 6/30/92 Published ' -06/18/91 SUFFOLK COUNTY TELEPHON (con+)' Page 10 Rates listed below are for installation equipment from point of demarcation. of customer provided telephone WAGES(per hour) 5/27/90- Telephone 5/25/91 5/26/91- System Technician Starting.....,.,.. 6.88 After 6 mos....... ' 12 mos....... ' 7,61 8.40 7,03 7.77 , 18 mos....... ' 9.28 8.56 24 mos....... 10.26 9.d8 ' 30 mos....... ' 36 11.32 10.48 11.58 mos......, ' ' 42 mos......, 48 mos....... 12.51 13.82 15.27 12.80 14.13 ' S4 mos......, 15.61 ' 60 mos....... 16.87 18.63 17.25 Technician Asst. 19.06 Start................. After 6 mos.......,,, ' 12 mos.......... 6.38 7 01 6.52 7.16 ' ' 7.70 18 mos.......... 24 mos.......... 8.45 7.86 8.63 ' 30 mos.......... 9.27 10.18 9.48 Senior Technician Starting.......... 6.88 10.41 ' After 6 mos....... 7.65 7.03 ' 12 mos....... 8.48 7.81 8.67 ' 18 mos....... 24 mos....... 9.42 10.469.62 30 mos....... 36 mos....... 11.61 12.88 10.68 11.86 ' 42 mos......, 13.17 ' ' 48 mos....... 14.31 15.88 14.62 ' 54 mos....... 60 mos......, Services Technician 17.63 19.'57 16.23 18.02 20.00 ' Start................. 6.88 After 6 mog.......... ' 7 61 7.03 12 mos.......... ' 8.40 7.77 18 mos.......... 24 mos.......... 30 mos..... 9.28 10.269.48 8.58 10.48 ' ..,,• 36 mos.......... ' 11 32 12.51 11.58 42 mos.......... ' 13.82 12.80 48 mos........,. ' 54 mos..........61 15.27 14.13 15. OVERTIME PAY- See (B,I,S 16.21 16.5757 ' PAID HOLIDAY!• See ( 5,6,16 ) on OVERTIME PAGE attached. ) on HOLIDAY PAGE attached. SUPPLEMENTAL RENFFTTC (per hour worked) Health/welfare ........ $ 10%'Note Pension............... 10X'Note Training........ 4.8X'Note 4.5%•Note 4.8%•Note Listed supplements apply to A 4.5%Note �L classifications ( )Yes ( *Note- Listed Benefits are 25 or more hours per week. for Full Time Other Part X )No. 8 Part Time Employees working 0-16 hrs.- H/W- 0; Pen.- 17-24 Time Employee benefits are as follows. 4.8%; Training- 4.5% hrs.- H/W- SX; Pen. 4.8X;•Training- 4.5X ett/ + � ' 1 1 1 11 1 C 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 11 IRONWORKER WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Structural........... $ 22.50 Additional Additional Additional Riggers .............. 22.50 1.20 1.20 2.45 Machinery Movers...... 22.50 per per per Erectors.... 22.50 hour hour hour OVERTIME PAY: See ( B, E, O, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th 5th 6th 12.09 12.69 12.69 13.30 13.30 13.30 SUPPLEMENTAL BENEFITS: (per hour worked) Health/Welfare........; 3.90.3.90 Pension ............... 3.50.3.50 Apprentice Training... .18• .18 Vacation .............. 5.85.3.70 Annuity ............... 5.00.2.50 Benefit Fund.......... 4.00.2.65 Listed supplements apply to A" classifications ( )Yes ( x )No. (*)Apprentice supplements appear in second column. 8-40/361 ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7%01/92- 6/30/91 6/30/92 6/30/93 Reinforcing.......... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, •V ) on OVERTIME PAGE attached. •V applies to Annuity b Vacation Only. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd 507. 75x 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.81.3.81 1.90 2.05 Pension ............... 1.95.1.95 per per Apprentice Training... .081 .08 hour hour Vacation .............. 2.501 note Annuity ............... 4.25• note Scholarship Fund...... .041 .04 Listed supplements apply to A" classifications ( )Yes ( x )No. (•) Apprentice supplements appear in second column. note- Apprentice Annuity 8 Vacation paid at same % of listed benefit as wage 8-46 WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Ornamental........... 22.00 Additional Additional Additional Chain Link Fence..... 22.00 1.05 per hr 1.00 per hr 2.00 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's age. 1st. 2nd. 3rd 41:h 5th 6th 60% 65% 70% 80% 85% 95% PP M NTAL BENEFITS:(per hour worked) Health/Welfare....... 3.64 Pension......3.19 Apprentice Training... .50 Vacation .............. 3.50 Annuity ............... 4.47 Benefit Fund.......... 1.10 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-580 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED ' State of New York Department of Labor Case Number Bureau of 9102912 Public Work 9a-7/01/91 thru 6/30/92 ' Published -06/18/91 SUFFOLK COUNTY LABORER Page 12 ' WAGES(per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building Laborer: All Classifications ... $ 19.30 Additional Additional Additional OVERTIME PAY• See ( A,E,O ) on OVERTIME PAGE attached. PAID HOLIDAYS• See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL RIFNFFTTC•(per hour worked) Health/Welfare........$ 2.78 ' .80 Pension ............... 2.83 .80 .80 per Vacation .............. 1.05 hourper Annuit y ............... 1.00 Legal ................ per hour hour .15 Training .............. 1.00 Safety Fund........... .05 Listed supplements apply to &" classifications ( x )Yes ( )No. 4-66 ------------------------------ Laborer(Heavy/Highway): Group M 1: Asphalt Rakers and Formsetters. Group 0 2: Asphalt Shovelers and Tampers. Group k 3: Basic Laborer, Power Tool, Trackmen, ' Landscape, Pipelayer, Jackhammer and Concrete. WAGES(per hour) 7/01/91- 7/01/92- 6/30/92 5/31/93 Heavy/Highway Laborer: ' Group M 1 ............. $ 19.83 20.80 Group N 2 ............. 19.37 20.32 Group M 3 ............. 17.87 18.73 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE attached. PAID HO IOAYS• See ' (2,4,6,7,11,12,26) on HOLIDAY PAGE attached. SUPPLEMENTAL BFNFFTTC•(per hour worked) Health/Welfare $ 15% ........ 15% Pension ............... 10% 10% Vacation .............. 1.00 1.00 , Annuity ............... 2.50 3.00 Listed supplements apply to -ALL classifications ( x )Yes ( )No. 411298 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 ' 98-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY 'Page 13 LATHER WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Lather (Wood Wire 6 Reinforcing).,.. 22.95 Additional Additional OVERTIME PAY: See ( C. 0, V• ) on OVERTIME PAGE attached. *Annuity 8 Vacation Only PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) PR APENTICES: ( 1 year terms at the following percentage of Journeyman's wage. ' Ist. 2nd. d 3r) 50% 75% 85% SUPPLEMENTAL B N crTc•(per hour worked) ' Health/Welfare........$ Pension ............... 3.81.3.81 1.90 2.05 1.95.1.95 per per Apprentice Training... .O8• .08 hour hour Vacation .............. 2.50• = % Wage Annuity ................ 4.25' = % wage Scholarship Fund...... .04' .04 ' Listed supplements apply Apprentice supplements to A" classifications ( )Yes ( x )No. in appear second column. 8-46 1 PREVAILING RATE SCHEDULE ( • )See NOTICE PAGE ATTACHED , State of New York Case Number Department of Labor Bureau of 9102912 Public Work 9a-7/01/91 thru 6/30/92 Published -06/18/91 , SUFFOLK COUNTY MASON/TILE/TERRAZ n • Page 14 ' WAGES(per hour) 6/01/91- 5/31/92 Building: Bricklayer............ $ 26.54 ' OVERTIME PAY: See ( A, E, 0, W ) on.OVERTIME PAGE attached, PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) APPRENTICES, ( 750 hours) terms at the following ' percentage of Journeyman's 1st. 2nd. 3rd, 4th wage. Sth(SOOhr) 6th(SOOhr) SOX 60% 70% 807 90X 95X SUPPLEMENTAL B uFFrTc•(per hour worked) Health/Welfare........$ 3.77.3.77 , Pension ............... 3.31.3.31 Annuity ............... 3.25.1.70 Listed supplements apply to A" classifications ( )Yes ( X )No. ( ) Apprentice Benefits appear in second column 8-NYDC , WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Cement Mason.......... 24.72 Additional Additional I OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following J)urneyman's , percentage of 1st. 2nd. 3rd 4th wage. 5th 6th 50% 607 707 80% 90% 95% SUPPLEMENTAL 0 IEFITS:(per hour worked) Health/Welfare........ $ 3.75 1.97 1,97 ' Pension ............. 2.82 per per Apprentice Training... .09 hou• hour Annuity ............... 4.00 Listed supplements apply to AJ,,,L classifications ( x )Yes ( )No. 8-780 , WAGES(per hour) 7/05/90- 1/01/91- 7/01/91- 7/01/92- Building: 12/31/90 6/30/91 6/30/92 6/30/93 Plasterer ............. 21.10 Additional Additional Additional ' OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( APPRENTICES: ( 1/2 ) terms year at the following percentage of Journeyman's 1st. 2nd. wage. 3rd 4th 5th 6th 40% 50% 60% 60% 80% 801. SUPPLEMENTAL BENEFITS•(per hour worked) Health/Welfare........ $ 3.97•note 1.10 1.75 ' Annuity. .............. 3.50•note per per Apprentice Training... .01•note hour hour 1.75 per hour Vacation ........ :..... 2.251note Listed supplements apply to 6" classifications ( )Yes ( X )No. (•) Apprentice supplements appear in second column. �• , note: Apprentices receive same % of supplements as wage. 8-852 1 1 1 U State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 15 r 1 Mason (cont) ' WAGES(per hour) 1/01/91- 6/30/91 7/01/91- 12/31/91 1/01/92- 6/30/92 7/01/92- 12/31/92 Building: Mosaic 8 Terrazzo Worker.. 24.69 Additional Additional Additional ' ' Helper.. 23.38 OVERTIME PAY: See ( C. 0 ) on OVERTIME 1.00 per hr PAGE attached. 1.00 per hr 1.00 per hr. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........5 Pension ............... 3.30 4.85 Supp.Unemploy.Benefit. 1.00 Listed supplements apply to g" classifications ( x )Yes ( )No. 8-3 WAGES(per hour) 4/29/91- 10/28/91- 4/27/92- 4/28/93- 10/27/91 4/26/92 4/27/93 4/27/94 Building: Tile Setter........... OVERTIME PAY: See 24.16 ( C, 0 ) on OVERTIME 24.91 PAGE attached. Additional Additional PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) ' Health/Welfare........$ Pension............... Vacation .............. 3.68 3.00 1.63 3.68 3.00 1.63 1.75 per hour 2.00 per hour Annuity ............... 2.35 2.35 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-52 WAGES(per hour) 6/03/91- 12/02/91- 5/04/92- 5/03/93- 12/01/91 5/03/92 5/02/93 5/02/94 ' Building: Tile Layer Helper 8 Finisher ....... $ 20.95 21.45 22.45 23.70 ' OVERTIME PAY: See ( PAID HOLIDAY: See ( SUPPLEMENTAL BENEFITS:(per A, 0 ) on OVERTIME 1 ) on HOLIDAY PAGE hour worked) PAGE attached. attached. Health/Welfare ........ $ 2.68 2.93 3.18 3.43 Pension ............... 1.50 1.50 1.50 1.50 Annuity ............... 3.50 3.50 3.50 3.50 Vacation .............. Listed supplements 1.69 1.69 apply to ALL classifications ( x )Yes 1.69 ( )No. 1.69 8-88 r 1 PREVAILING RATE SCHEDULE State New ( )See NOTICE PAGE ATTACHED ' of York Department of Labor Case Number Bureau 9102912 of Public Work 9a-7/01/91 thru 6/30/92 Published -06/18/91 ' SUFFOLK COUNTY' Mason (cont.) Page 16 ' WAGES(per hour) 7/01/89- 6/30/90 Cutting Cleaner(Mason) $ 20.83 Sandblasting(Mason)... 26.39 , Pointer, Cleaner,& Caulker(Mason). 20.83 BVERTIME PAY• See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY See ( I 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following 9 percentage of Journeyman's wage. 70%d ift3rd 85% SUPPLEMENTAL BENFFTTS•(per hour worked) Health/Welfare.....•..$ 2,70.2,70 ' Pension .............. 3.13.3.13 Benefit Fund.......... 3.55•Note Education Fund......... .30• .30 Annuity ............... 2.25•Note ' Listed supplements apply to A" classifications ( )Yes ( x (')Apprentice )No. supplements appear in second column. 'Note: Benefit Fund - 1st. yr. 1.95 2nd. ; yr. 2.48; 3rd.Yr. Annuity Fund - 1.245; 1,57; 3 . 1.9911 4-66w ' WAGES(per hour) 1/01/86- 6/30/86 Stone Mason........... S 21.50 , OVERTIME PAY See ( C, C ) on OVERTIME PAGE attached. PAID HOLIDAY• See ( 1 ) ' on HOLIDAY PAGE attached. SUPPLEMENTA CiFNFFTTC•(per hour worked) Health/Welfare........$ 2.75 Pens i c i ' Annuity ............... 3.00 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-33 ' WAGES(per hour) 1/01/87- 6/30/87 Stone Setter.......... $ 20.86 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. ' PAID HOLIDAY- See ( 1 ) on HOLIDAY , PAGE attached. ALLOWABLE RATIO• Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES, ( 1/2 ) year terms at the followin Wit. 2nd 3rd g7thrcen8tge of ' Journeyman's 4th 5th 6th SOX 55 h. 60% 65% 70% BO% 90% 95% wage. SUPPLEMENTAL BENEFITS•(per hour worked) Health/Welfare........ $ 1.75 Pension ............... 2.00 ' Security Benefit...... .60 Apprentice Training... .10 Vacation .............. 2.00 Annuity ............... 4.50 Listed supplements apply to -ALL classifications ( x )Yes ( )No. 8-84 1 1 1 [I w f t PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9102912 Public Work 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 17 Mason (cont..) WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Derrickman/Rigger.... $ 25.00 Additional Additional Additional 1.33 per hr 1.33 per hr 1.33 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. Is t- 2nd. 3rd. 4th 5th 6th 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 2.74 Pension ............... 3.35 Apprentice Training... 10 Vacation ............. 3.50 Annuity ............... 5.50 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-197 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Sawyer, Rubber 8 Polisher........... 25.08 OE '.'RTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. SAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. 1PPLEMENTAL BENEFITS:(per hour worked) H, 96 Pension Pension........... 1.58 Supp.Unemploy.Benefit. .25 Vacation .............. 3.25 Annuity ............... 4.68 1 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-24 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Cutters 8 Setters ............. 26.43 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFTTS•(pr hour worked) Health/Welfare........$ 1.45 Pension ............... 1.68 Supp.Unemploy.8enefit. .40 Annuity... 5.69 International Pension. .40 Vacation .............. 3.75 Listed supplements apply to AjL classifications ( x )Yes ( )No. 6-4 [I w f t PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED ' State of New York Department of Labor Case Number Bureau of 10/01/90- 9102912 Public Work 9/30/91 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 18 27.50 Mason (cont...) I WAGES(per hour) 1/01/91- 6/30/91 Marble Finishers...... $ 20.02 29.50 OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. Power Tool....... 29.50 PAID HOLIDAY. See ( 1 ) on HOLIDAY PAGE attached. OVERTIME PAY: See PAID HOLIDAY: See SSIPPLEMENTAL BENEFITS•(per hour worked) Health/Welfare........ $ 1,70 to Journeymen ( 1 - 10 ) Pension ............... 1.68 APPRENTICES: ( 1 1st, 2nd. ) year terms at the following percentage International Pension. .75 SOX 65X Supp.Unemploy.Benefit. 1.59 , Vacation .............. 3.55 Annuity............... 5.50 hour worked) Listed supplements apply to A" classifications ( x )Yes ( )No. 8-20 $ 17 % PAINTER ' WAGES(per hour) 10/01/90- 9/30/91 Steel Steel, Bridge.... 27.50 Spray............ 29.50 - Sandblasting..... 29.50 Power Tool....... 29.50 OVERTIME PAY: See PAID HOLIDAY: See ( C,F,R ) on OVERTIME PAGE attached. ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1 1st, 2nd. ) year terms at the following percentage of Journeyman's wage. SOX 65X , SUPPLEMENTAL BENEFITS•(per hour worked) Health/Welfare ........ $ 17 % Pension ............... 2.00 Apprentice Training... 1/2 % Vacation .............. 6 % ' Annuity ............... 11 % Listed supplements apply to A" classifications ( x )Yes ( )No. 8-806 WAGES(per hour) ------------------------------ 2/01/91- 8/01/91- 7/31/91 2/01/92- 1/31/92 7/31/92 Drywall Taper......... $ 24.78 25.52 26.29 OVERTIME PAY: See ( PAID HOLIDAY: See ( C, 0 ) on OVERTIME PAGE attached. 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS•(per hour worked) Health/Welfare........ $ 15.5% 15.5% 15.5% Pension ............... Vacation .............. 3.0% 3.0% 9.0% 9.0% 3.0% 9.0% Annuity ............... 10.0% 10.0% 10.0% Listed supplements apply to A" classifications ( x )Yes ------------------------------ ( )No. 8-1974 A i i PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 19 Painter (cont) r 1 a, t WAGES(per hour) 4/01/91- 3/31/92 Brush............... .. 23.88 Structural Steel....... 28.84 Spray, Scaffold........ 26.35 Sandblasting........... 28.84 OVERTIME PAY. See ( D. 0, ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following rates. 1st. 2nd. 3rd. 4th. 5th. 6th. Brush 11.30 11.30 16.01 17.41 19.11 21.18 Br./St./SB 12.29 12.29 16.67 17.95 20.51 23.08 Spr./Scaff. 12.41 12.41 17.62 18.78 21.09 23.41 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.98.3.54 Pension........ 2.00.2.00 Apprentice Training... .50• .50 Annuity ............... 3.00.2.29 Suppl Emp Ben......... .50' .50 Safety 8 Health....... .50• .50 Listed supplements apply to 8" classifications ( )Yes ( x )No. (*)1st yr Rate is, H/W=2.89, Pen=1.07, AppTrg=.23, SUB=.20 (•) Other Apprentice Supplements appear in second column. 4-1486 WAGES(per hour) 4/01/90- 3/31/91 Paper Hanger..........: 23.38 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. fflABL RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. Jst. 2nd 3rd 4th 5th 6th 50% 60% 65% 70% 80% 90% SUPPLEMENTAL BENEFITS•(per hour worked) Health/Welfare........ $ 3.09•Appr % of 3.09 Pension ............... 2.05• % of 2.05 Annuity............... 2.82•Appr % of 2.82 Suppl Emp Ben/Appy Trng. Safety & Health....... 1.17•Appr % of 1.17 Listed supplements apply to g" classifications ( )Yes ( x )No. (')Apprentice Supplements appear in second column. 4-1486 r 1 a, t PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Deportment of Labor 9102912 Public Work 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY 1 1 1 1 i t Page 20 PLUMBER WAGES(per hour) 7/01/91- 1/01/92- Plumber .............. 12/31/91 6/30/92 $ 27.85 28.55 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following wage. 1st. 2nd. 3rd 4th 5th 12.53 13.93 18.10 19.50 20.89 for 7/01/91 to 12/31/91 12.85 14.28 18.56 19.99 21.42 for 1/01/92 to 6/30/92 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.19•note 3.44•note Pension ............... 5.951note 5.95•note Apprentice Training... .24•note .24•note Vacation .............. 1.30•note 1.30•note Security Benefit..... Listed supplements apply 1.00•note 1.001note to 9LL, classifications ( )Yes ( x )No. (*)Note -Apprentice supplements below. 7/91 to12/91 -1st yr appear H/W-2.04; PEN -3.68; Appr-.14; Vac -.75; Sec -.53 2nd yr 2.04; 3.71; .15; .80; .53 3rd yr 2.04; 3.23; .16; .86; 4th yr yr ' 2.04; 3.76; .16; ' 2.04; 3.79; .17; .93; .98; .53 .53 .53 1/92 to 6/92 -5th yr H/W-2.19; PEN -3.68; Appr-.14; Vac -.75; Sec .53 2nd yr 2.19; 3.71; .15; .80; .53 3rd yr 2.19; 3.73; .16; .86; o.53 4th yr 5th yr 2.19; 3.76; .16; 2.19; 3.79; .17; .93; .98; .53 .53 4-775 1 1 1 1 i t u Sk State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 21 STEAMFITTER/SPRINKLER FITTER WAGES(per hour) 11/26/90- 6/26/91- 1/01/92- 7/01/92- 6/25/91 12/31/91 6/30/92 12/29/92 Steam Fitter.......... $ 27.30 Additional Additional Additional Sprinkler Fitter...... 27.30 1.00 per hr 1.00 per hr 1.50 per hr OVERTIME PAY: See ( C,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st _2nd. 3rd. 4th. 5th. 6th. 7th. 8th, 40% 40% 50% 50% 65% 65% 80% 80 SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 3.85•= % Pension ............... 2.751= % Security Fund......... 3.20•= % Training Fund......... .241.24 Vacation .............. 3.00'= % Listed supplements apply to ALL classifications ( )Yes ( x )No. (*)Apprentice supplements appear in second column. 8-638s/s ROOFER WAGES(per hour) 10/01/90- 10/01/91- 10/01/92- 4/01/93- 9/30/91 9/30/92 3/31/93 9/30/93 Roofer..'............ $ 21.34 Additional Additinnal Waterproofer........... 21.34 1'.00 per hr 1.05 p•:r hr Additional 1.05 per hr OVERTIME PAY: See ( A,'E, G ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) �1 APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. t2nd. 3rd 4th 5th 6th, S.01X 55X 60% 65% 70% 75% SUPPLEMENTAL N F T (per hour worked) Health/Welfare....... 4.39•Term % Pension ............... 3.00• ' Apprentice Training... :03• .03 Vacation .............. 3.00•Term % Annuity ............... 1.861 ' Listed supplements apply to Aly classifications ( )Yes ( X )No. *Apprentice supplements appear in second column 4-154 SHEETMETAL WORKER WAGES(per hour) 2/01/90- 8/01/90- 2/01/91- 8/01/91- 7/31/90 1/31/91 7/31/91 1/31/92 Sheetmetal Worker.... $ 25.32 additional Additional Additional OVERTIME PAY: See ( C. 0. V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-4) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. Sth. 7.60 8.87 10.13 11.40 12.66 16.46 17.73 20.26 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 2.7521note 1.00 .75 Pension ............... 3.05 •3.05 per per Suppl.Unemploy.Benefi; .16 • .04 hour hour Vacation.......... 2.451•note .75 per hour Annuity ............... 3.00 :not; Education Fund........ .27 .27 Benefit Fund......... 1.11 *note Listed supplements apply to A" classifications ( )Yes ( x )No. (*)Apprentice supplements appear in second column. H/W-term/amt.-1st-.70; 2nd -.90; 3rd -1.22; 4th -1.48; 5th -1.87; 6th thru Vac-term/amt.-1st-.74;2nd-.88;3td-.98;4th-1.10;5th-1.23;6th-1.265;7th-1.62;Bth-1.98 Ann.-term/amt.-1st-.23;2nd-.30;3rd-.35;4th-.41;5th-.41;6th-.41;7th-.645;8th-1.475 Ben-term/amt.- 1st-.34;2nd-.39;3rd-.45;4th-.50:5th-.56;6th-.73;7th-.78;Bth-.89 8th -2.752 8-28 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 22 WELDER Welder To be paid the rate of the mechanic performing the work. TEAMSTER Truck Driver(Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapuil type trucks. WAGES(per hour) 7/01/89- 6/30/90 Truck Driver (Building and HeQvy/Highway): Group 1 .............. 18.235 Group 2 .............. 18.705 OVERTIME PAY: See ( B, E. P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.51 Pension ............... 3.10 Annuity ................ 4.5525 Listed supplements apply to glL, classifications ( X )Yes ( )No. 4-282nsh SIGN ERECTOR WAGES(per hour) 7/01/89- 7/01/90- 7/01/91- 6/30/90 6/30/91 6/30/92 Sign Erector......... $ 20.70 21.30 22.05 OVERTIME PAY: See ( A. E. P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See( 5,6,10,11,12,16 ) on HOLIDAf PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th, 7th 8th 9th 10th 35X 40X 45X SOX 55% 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 9 % 'Note 11 % 'Note 13 % 'Note Pension......... 2.58 '1.38 2.83 '1.63 3.08 '1.88 Apprentice Training... 13 '.13 1.14 '.15 .14 .15 Vacation .............. 8 % 'Note 8 % 'Note 8 % 'Note Annuity ............... 18.00day 'Note 21.00day'Note 24.00day'Note Scholarship Fund...... .01 '.01 .01 '.01 .01 '.01 Listed supplements apply to A" classifications ( )Yes ( x )No. ' Appr. Supp. appear in second column. 'Note- H/W -1st. & 2nd. yr..75 per hr; after 2yrs. full journeyman % Ann: -1st. & 2nd yr 0 ,3rd yr 2.00 per day, 4th yr. 4.00 per day, 5th yr. 6.00 per day. Vac. -1st. & 2nd. yr, 2%; 3rd. yr. 4%; 4th. & 5th. yr. 6% 8-137 1 1 r� 1 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 23 HIGHWAY STRIPER WAGES(per hour) 4/01/91- 4/01/92- 4/01/93- 3/31/92 3/31/93 3/31/94 Painter(Striping-Highway etc.): Striping -Machine Oper.$ 16.27 16.92 17.57 Helper......... 14.49 15.14 15.79 Linerman.............. 16.79 17.44 18.09 OVERTIME PAY: See ( B,E,P,S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,8,10,11,12,15,16 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 13 % 13 % 13% Pension ............... 4 % 4 % 4% Vacation .............. 7 % 7 % 7% National Pension...... .50 .50 .50 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-230 TREE TRIMMER WAGES(per hour) 10/1/85- 9/30/86 Tree Trimmer: Trimmer -T 7 (start)... $ 7.75 -T 6 after 6 mo. 8.32 -T 5 12 mo. 8.54 -T 4 18 mo. 6.93 -T 3 24 mo. 9.70 -T 2 30 mo. 10.14 -T 1 36 mo. 11.56 Driver,Groundsman...... 9.53 OVERTIME PAY: See ( 8, F, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,8,11,12,18,19)) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS: (per hour worked) Health/welfare........ $ Contr.Provide H. 8 W. + $10,000 Life Ins. Annuity ............... .35 Holidsys.............. (12 paid). Vacation - after 15 mo./1 week. -after 30 mo./2 weeks. -after 10yrs/3 weeeks. -Pro-rated if less than 1700 hrs.in prior year. Listed supplements apply to &" classifications ( x )Yes ( )No. 4-1049t State of New York Department of Labor PREVAILING RATE SCHEDULE Case Numberu 9102912 SUFFOLK COUNTY ( )See NOTICE PAGE ATTACHED Bureau f o Public Work 9a-7/01/91 thru 6/30/92 Published -06/18/91 Page 24 , SURVEY CREW WAGES:(per hour) 8/01/90- 7/01/91 7/01/92- Survey Rates-Building: 6/30/91 6/30/92 6/30/93 Party Chief......... 22.31 Additional Additional 2.09 per hr 2.09 per hr Instrument Man...... 19.24 Additional Additional 1.68 per hr 1.68 per hr Rodman/Chainman..... 12.67 Additional Additional 1.31 per hr 1.31 per hr OVERTIME PAY: See ( A,E,G PAID HOLIDAY: See ( 5,6,7,11,12 ) on OVERTIME PAGE attached. ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 2.40 Pension............... .2.15 Apprentice Training... Vacation.............. .20 1.00 Annuity............... 4.50 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-15Db WAGES:(per hour) ------------------------------ 8/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates-Heavy/Hiway: Party Chief......... 22.20 Additional Additional Instr:ment Man...... 2.22 per hr 18.91 Additional 1.84 per hr Additional 1.77 per hr 1.67 per hr Rodman/Chainman..... 17.00 Additional Additional 1.65 per hr 1%.56 per hr OVERTIME PAY: See (8,E,0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per Health/Welfare........ hour worked) 2.40 Pension............... 2.15 Apprentice Training... .20 Vacation.............. 1.00 Annuity............... 4.50 Listed supplements apply to &,L classifications ( x )Yes ( )No. 8-15D-N/S SURVEY CREW - CONSULTING ENGINEERS Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a consulting engineer agreement. WAGES:(per hour) 8/01/88- 7/01/89- 7/01/90- Survey Rates: 6/30/89 6/30/90 6/30/91 Party Chief......... 18.01 18.61 19.01 Instrument Man...... 15.18 15.78 16.18 Rodman/Chainman..... 12.43 13.03 13.43 OVERTIME PAY: See ( 8•,E,O PAID HOLIDAY: See ( 5,6,7,11,12 ) on OVERTIME PAGE attached. ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 1.35 1.60 1.85 Pension............... 1.00 1.10 1.20 Apprentice Training... Suppl Unempl. Benefit ,05 .05 .05 .05 .05 .05 Vacation.............. .72 .72 .72 Annuity............... 1.25 1.50 2.00 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-15Dc - an 1 1 A 1 1 R A 1 1 L 1 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 91 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 25 DRILLING WAGES(per hour) 10/17/89- 10/17/90- 10/16/90 10/16/91 Core Drilling: Driller............ $ 17.205 17.985 Helper.......... 15.445 16.225 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5, 6 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/Wel fare........$ 2.41 2.60 Pension ............... 3.09 3.09 Listed supplements apply to ALL classifications ( x )Yes( No. 8-1536 - WAGES(per hour) 8/01/86- 8/01/87- 8/01/88 - 7/31/87 7/31/88 7/31/89 Well Driller: Driller ......... $ 16.40 Additional Additional Helper..... 14.40 1.00 1.00 OVERTIME PAY: See (B,E,P ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 9 % to be to be Pension ............... 2.75 allocated allocated Annuity Fund.......... 1.50 later. later. Listed supplements apply to A" classifications ( x )Yes ( )No. 4-138well PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY Page 26 POWER EQUIPMENT OPERATOR WAGES(per hour) 7/01/91 - Building: 6/30/92 Hoist(Multiple Platform) 25.65 Lead Engineer 24.255 Hoist(Tandem Platform 24.03 Tower Crane(Engineer) 23.61 SideBoom Tractor(Used in tank work) 23.315 Scoop, Carry -all, Scraper in tandem 2 Boom Trucks or Cranes (used foror stone setting or structural steel) 23.18 CMI or Maxim Spreader, Concrete Spreader, Derrick, Sideboom Tractor 23.155 Tank Work 23.08 Hoist, 2 Drum, Hoist, 3 Drum 23.03 Backhoe,Dragline, Gradall, Pile Driver, Shovel 23.055 Elevator, Fork Lift, Hoist, 1 Drum 22.98 Batching Plant(on site of job), Power Winch(used for stone or steel), Power Winch (Truck Mounted -used for stone or steel), Pump, Concrete 22.955 Dredge 22.93 Roller, Trench Machine 22.855 Welding Machine, Structural Steel 22.83 Boom Truck, Crane, Crawler or Truck, Conveyor(Multi), Plant Engineer, Stone Spreader (Self -Propelled) 22 805 Asphalt Spreader 22.78 Fork Lift(Walk Behind, Power Operated) 22.77 Compressor(Structura Steel) 22.755 Boiler, Bulldozer, Compressor(on Crane), Compressor(Pile Work), Compressor(stone setting), Concrete Breaker, Conveyor, Generator -Pile Work, Loading Machine(Front End), Maintenance Engineer,Powerhouse, Power Winch(used for other than stone or steel), Power Winch, Truck Mounted(used for other than stone or steel, Pulvi-Mixer,Pump(Dble Action Diaphragm), Pumps(Gypsum, Hydraulic, Jet, Single Action- 1 to 3, and Well Point), Welding and Burning, Welding Machine (Pile Work) 22.605 Curb Machine(Asphalt or Concrete), Curing Machine, Pump(Submersible), Maintenance Man _ 22.55 Grader 22.38 Compressor, Compressor(2 or more in battery), Generator, Mulch Machine, Pin Puller, Portable Heaters, Pump(4 inches or over), Track Tamper(2 Engineers,Each), Welding Machine 22.355 Stiping Machine 22,28 Bulldozer(used for excavation), Fireman, Loading Machine, Powerbroom, Vac -All 22.23 Concrete Saw or Cutter, Mixer(with Skip), Mixer(2 Small with or without Skip), Pump(Up to 3 inches),Tractor,Craterpillar or Wheel, 21.655 Scoop(Carry-A11 Scraper) 22.23 Hydra Hammer, Ridge Cutter 21.77 Bending Machine, Dinky Locomotive, Generator(Small), Vibrator(1 to 5), 21.605 Power Buggies 21.48 Stump Chipper and Oiler 21.255 Mechanical Compactor(Hand Operated), Trench Machine(Hand) 21.23 OVERTIME PAY: See ( D. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS•(per hour worked) Health/Welfare....... $ 5.32 Pension .............. 2.75 Apprentice. Training.. .45 Annuity .............. 4.00.Overtime Rate for of hours Suppl. Unempl........ .75 Legal ................ .25 Listed supplements apply to ALL classifications ( )Yes ( )No. 4-138b ------------------------------ 1 IPREVAILING RATE SCHEDULE ( • )See NOTICE PAGE ATTACHED �i State of New York Case Number Bureau of Department of Labor Public Work 9102912 9a-7/01/91 thru 6/30/92 Published -06/18/91 SUFFOLK COUNTY pPage 27 Operating Engineer (cont) WAGES(per hour) 7/01/91- 6/30/92 HEAVY / HIGHWAY: Scoop(Carry-A11,Scraper in Tandem), Tower Crane(Engineer), 23.535 Backhoe, Crane(Stone Setting)_ Crane(Structural Steel), Dragline, Gradall, Pile Driver, Road Paver, Shovel 23.28 Batching P1ant(on site of job), Crane(on Barge), Sideboom Tractor(used in tank work), Tank Work 23.135 Hoist(3 Drum), Power Winch(Truck Mounted -used for stone or steel), Power Winch(used for stone setting and/or structural steel),Trench Machine 23.125 Asphalt Spreader,Boom Truck,Boring Machine(other than Post Holes), CMI or Maxim Spreader, Crane(Crawler or Truck), Concrete Spreader, Conveyor, Multi, Plant Engineer, Sideboom Tractor,Stone Spreader(self propelled) 22.91 Boring Machine, Post Holes 22.85 'Compressor(Stone Setting),Compressor(Structural Steel), Welding Machine(structural steel) 22.795 Dredge 22.745 Work Boat 22.735 Compressor(on Crane), Compressor(Pile Work), Generator -Pile Work, Hoist,2 Drum, Loading Machine(Front-End), Powerhouse, Power Winch(Truck Mounted -used for other than stone or steel),Power Winch(other than stone or struct.steel),Welding Machine,Pile Work 22.635 Mechanical Compactor, Machine Drawn, Roller(over 5 Ton) 22.45 �i Boiler 22.41 Pump, Concrete 22.37 Compressor(2 or more in battery 22.33 Grader 22.315 Bulldozer, Concrete Finishing Machine, Conveyor,Curb Machine,Asphalt or Concrete, Curing Machine, Dinky Locomotive, Fireman, Fork Lift, Hoist,l Drum, LoadingMachine, Maintenance Machine,Pulvi-Mixer, Pump(4 inches or over), Pumps(Hydraulic, ,Jet, Submersible and Well Point), Roller(5 ton and under), Scoop,Carry-All,Scraper, Maintenance Man, Vac -All, Welding 8 Burning 22.17 Generator 22,02 Portable Heaters 22.275 Compressor, Mulch Machine, Pin Puller, Pump(Double Action Diaphragm),Pump-Gypsum, Pump(Single Action 1 to 3), Striping Machine, Welding Machine 21.725 Powerbroom 21.15 Concrete Saw or Cutter, Fork Lift,Walk Behind,Power Operated, Hydra Hammer, Mixer(with Skip), Mixer(2 Small with or withour Skip), Power Buggies, Power Grinders, Concrete Breaker, Ridge Cutter 21.01 Vibrator(1 to 5) 20.805 Oiler, Root Cutter, Stump Chipper, Oiler, Track Tamper(2 Engineers,Each), Deck Hand 20.70 Generator(Small) 20.695 Bending Machine, Pump, Centrifugal(up to 3 inches), Trench Machine(hand) 20.66 Tractor,Caterpillar or Wheel 20.485 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS•(per hour worked) Health/Welfare........: 5.32 Pension ............... 2.75 Apprentice Training... .45 Annuity ............... 4.00. Overtime "ate for 0. T. hours. Suppl. Unemp........... .75 Legal ............. .25 Listed supplements apply to A" classifications ( x )Yes ( )No. 4-138h rj I Tug Boats: PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Department of Labor 16.98 Case Number 18.12 Bureau of Tug Captain 16.26 16.89 9102912 Public Work 17.20 17.68 Tug Engineer 9a-7/01/91 thru 6/30/92 17.36 Tug Deckhand 14.41 14.83 Published -06/18/91 ------------------------- Dipper and Clamshell Dredges: Operator 18.31 19.17 SUFFOLK COUNTY Engineer 17.83 MARINE CONSTRUCTION 19.86 19.03 Maint.Engineer Page 28 17.89 WAGES(per hour) 10/01/88- 10/01/89- 10/01/90- 16.76 14.83 17.23 15.11 9/30/89 9/30/90 9/30/91 15.47 Hydraulic Dredge: 16.98 17.64 18.13 Boat Captain - Leverman 18.00 18.85 19.53 OVERTIME PAY: See PAID HOLIDAY: See ------------------------- ( B. E, P. S ) on OVERTIME PAGE ( 5, 6, 10, 15 ) on HOLIDAY PAGE Engineer 17.48 18.15 18.65 apply to all to ALL classifications of the Maint.Engineer 17.23 17.89 18.39 BOATS. Derrick Oper. 17.48 18.15 18.65 Health/Welfare........; 1.56 Chief Mate on Dredge 17.23 17.89 18.39 1.03 1.03 Mate 16.14 16.76 17.23 8% 8% DeckHand 14.24 14.65 14.93 4-25a i Oiler 14.75 15.18 15.47 9/30/89 Fireman 14.75 15.18 15.47 Shoreman 14.24 14.65 14.93 20.42 Boat Captain 16.26 -------------16_-- 89 17.36 Driller/Welder/Machinist 19.14 Tug Boats: Tug Master 16.98 17.63 18.12 Tug Captain 16.26 16.89 17.36 Tug Chief Engineer 16.56 17.20 17.68 Tug Engineer 16.26 16.89 17.36 Tug Deckhand 14.41 14.83 15.11 ------------------------- Dipper and Clamshell Dredges: Operator 18.31 19.17 Engineer 17.83 18.52 19.86 19.03 Maint.Engineer 17.23 17.89 18.39 Mate Deckhand 16.14 14.41 16.76 14.83 17.23 15.11 Oiler 14.75 15.18 15.47 Boat Master 16.98 17.64 18.13 Boat Captain - 16.26 16.89 17.36 OVERTIME PAY: See PAID HOLIDAY: See ------------------------- ( B. E, P. S ) on OVERTIME PAGE ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. ' attached. The following SUPPEMENTAL BENEFITS apply to all to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS•(per hour worked.) Health/Welfare........; 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8% 8% . 4-25a i WA (per hour) 10/01/88- 10/01/89- 10/01/90- 9/30/89 9/30/90 9/30/91 Drill Boat: Engineer 19.13 19.87 20.42 Blaster 19.33 20.07 20.63 Driller/Welder/Machinist 19.14 19.88 20.43 Oiler 18.13 18.66 19.01 Helper 18.13 18.66 19.01 OVERTIME PAY: See ( B. E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/Welfare ........ $ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8 % 8% Listed supplements apply to AAI classifications ( x )Yes ( )No. 4-25/3 OCCUPATIONS APPLICABLE TO BUILDING and HEAVY/HIGHWAY SCHEDULES n I t SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a Contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as speed in the subsection titled IRREGULAR PROPOSALS OF r Section 20. 1� B. If the bidder is disqualified for any of the reasons speed in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a Contract is made, the Owner reserves the right to reject any or all proposals, to award only the Base Bid, to award only an Alternate Bid (if any), or to award either the Base Bid or the Alternate Bid plus any or all Add -On Bids (if any); waive technicalities, if such waiver is in the best ince_ est of the Owner and is in conformance with applicable State and local laws or regulations pertaining to the lett Ing of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30.02 AWARD OF CONTRACT. The award of a Contract, if it is to be awarded, sh, ll be made within forty- five (45) calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the Contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. Where alternates or add-on items are included in the bid, the lowest qualified bidder will be determined by comparison of the base bid, alternate bid or combination of base or alternate bid plus add-on items to be actually awarded by the Owner. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a Contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the three (3) lowest bidders, will be returned after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the three (3) lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be retw ned The successful bidder's proposal guaranty will be returned as soon as the Owner receives the C _ntract bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the receipt of the Notice of Award, the successful bitider shall furnish the Owner, in triplicate, a surety bond guaranteeing the performance of the work and a surety bond guaranteeing the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. Each bond shall be fully executed by the bidder and his Surety, and shall be in a sum equal to one hundred percent (100%) of the amount of the Contract awarded. The Surety and the form of the bonds shall be acceptable to the Owner. 10/90 GP 30-1 y 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary Agreements for entering into the Contract and return such signed Contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within fifteen (15) calendar days from the date mailed or otherwise delivered to the successful bidder. If the Contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the Contract and Contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the Contract in accordance with local laws or ordinances, and return the fully executed Contract to the Contractor. Delivery of the fully executed Contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the Contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the Contract and furnish an acceptable surety bond or bonds within the fifteen (15) calendar day period specified in the Subsection 30-06 EXECUTION OF CONTRACT shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. 30-09 COMMENCEMENT AND COMPLETION. The bidders are hereby notified that the time of completion is of the essence and, to that end, the Owner has determined that the completion dates as stated below and in the Contract and Specifications include adequate time for completing the work under this Contract. If the bidders consider that the time to complete the work is inadequate, they should not submit bids. The work of this Contract shall commence on the date stated in the written Notice tc Proceed. f TCompletion ' working d means that all of the work of the Contract is complete The time o Total �s 60 days an p and in operating order. The bidder's attention is directed to the liquidated damage provisions of Item 80-08, FAILURE TO COMPLETE ON TIME. 30-10 POWER OF ATTORNEY. Attorneys who sign Contract Bonds and Payment Bonds must file with the bond a certified copy of their power of attorney to sign said bonds. 30-11 CONTRACT DRAWINGS FURNISHED TO CONTRACTORS. Each Prime Contractor will be furnished, free of charge, three (3) sets of full-size Contract Drawings. Any additional full-size sets or random sheets will be furnished by the Engineer at a cost to the Contractor of seventy-five cents ($0.75) per sheet. In addition, each Prime Contractor will be furnished, free of charge (only within the limits of availability), as many unexecuted Contract Documents Books and, where Contract Drawings have been reduced in size, as many sets of the reduced drawings as may be necessary for the prosecution of each Contract. I END OF SECTION It 10/90 GP 30-2 QUANTITIES FOR CANVASS OF BIDS !, ELIZABETH FIELD AIRPORT 211.004 FISHERS ISLAND, NEW YORK -------- AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING 12/01/91 ITEM FAA NO. SPEC NO. DESCRIPTION QUANTITY UNITS 1 P-152 COMMON EXCAVATION, AREA NO.1 1 LS 2 P-152 PAVEMENT EXCAVATION (BITUMINOUS CONCRETE) 900 SY 3 P-612 FIELD OFFICE 1 LS 4 P-620 RUNWAY PAINTING 23,000 SF 5 L-102 ELECTRICAL BUILDING ELECTRICAL SERVICE 1 LS 6 L-106 SEGMENTED CIRCLE 1 LS 7 L-107 LIGHTED WIND CONE 1 LS 8 L-108 CABLE TRENCHING FOR THE INSTALLATION OF UNDERGROUND CABLE 8,600 LF 9 L-108 NO. 8 AWG, 600V, TYPE C SINGLE CONDUCTOR UNDERGROUND CABLE INSTALLED IN TRENCH OR DUCT 28,300 LF 10 L-108 NO. 8 AWG, 5KV, TYPE C SINGLE CONDUCTOR UNDERGROUND CABLE INSTALLED 7N TRENCH OR DUCT 12,900 LF 11 L-108 NO. 8 AWG, BARE COPPER COUNTEPPOISE WIRE INSTALLED IN TRENCH INCLUDING GROUNDING RODS AND EXOTHERMIC CONNECTIONS 9,500 LF 12 L-109 INSTALLATION OF AIRPORT ELECTRICAL BUILDING EQUIPMENT, IN PLACE 1 LS 13 L-110 4 -WAY ELECTRICAL DUCT BANK, TYPE I 700 LF 14 L-110 8 -WAY ELECTRICAL DUCT BANK, TYPE I 200 LF 15 L-110 2 -INCH DIAMETER RIGID STEEL CONDUIT INSTALLED 16 L-110 IN PAVEMENT 2 -INCH DIAMETER RIGID STEEL CONDUIT INSTALLED 3,000 LF IN TURF 270 LF 17 L-110 2 -INCH DIAMETER RIGID STEEL CONDUIT REINSTALLED IN TURF 190 LF 18 L-112 ELECTRICAL BUILDING 1 LS 19 L-115 ELECTRICAL MANHOLE NO. 1 1 EACH 20 L-115 PULL BOX REINSTALLATION 1 EACH 21 L-125 MEDIUM INTENSITY RUNWAY EDGE LIGHTS, BASE MOUNTED, IN PAVEMENT 57 EACH 22 L-125 RUNWAY 25 THRESHOLD LIGHTS 1 LS 23 L-125 AIRPORT GUIDANCE SIGN NO.R-2-5, BASE MOUNTED, IN PAVEMENT 1 LS 24 L-125 AIRPORT GUIDANCE SIGN NO.R-2-19, BASE 1;QUNTED, IN PAVEMENT 1 LS 25 L-125 AIRPORT GUIDANCE SIGN NO.R-1-3, BASE MOUNTED, IN TURF 1 LS 26 L-125 AIRPORT GUIDANCE SIGN NO.R-1-19, BASE MOUNTED, IN TURF 1 LS 27 L-125 RUNWAY END IDENTIFICATION LIGHT (REIL) SYSTEM, RUNWAY 7 END 1 -LS PAGE 1 QUANTITIES FOR CANVASS OF BIDS ELIZABETH FIELD AIRPORT FISHERS ISLAND, NEW YORK AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING ITEM FAA NO. SPEC NO. DESCRIPTION 1 fj 211.004 12/01/91 QUANTITY UNITS 28 L-125 RUNWAY END IDENTIFICATION LIGHT (REIL) SYSTEM, RUNWAY 25 END 1 LS 29 L-125 RUNWAY END IDENTIFICATION LIGHT (REIL) SYSTEM, RUNWAY 12 END 1 LS 30 L-125 RUNWAY END IDENTIFICATION LIGHT (REIL) SYSTEM, RUNWAY 30 END 1 LS 31 L-125 GENERIC VISUAL APPROACH DESCENT INDICATOR SYSTEM, RUNWAY 7 END 1 LS 32 L-125 GENERIC VISUAL APPROACH DESCENT INDICATOR SYSTEM, RUNWAY 25 END 1 LS 33 L-125 GENERIC VISUAL APPROACH DESCENT INDICATOR SYSTEM, RUNWAY 12 END 1 LS 34 L-125 GENERIC VISUAL APPROACH DESCENT INDICATOR SYSTEM, RUNWAY 30 END 1 LS 35 L-125 REMOVAL OF EXISTING RUNWAY EDGE LIGHTS 1 LS 36 M-100 MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS 37 --------------------------------- M-200 MOBILIZATION -----------------------------------1-LS- PAGE 2 1 1 1 1 L� BID FOR ALL WORK INCLUDED IN THE CONSTRUCTION OF AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING AT THE ELIZABETH FIELD AIRPORT FISHERS ISLAND, NEW YORK TO: Town Board Town of Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 The undersigned, as bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the Plans and Specifications for the work and Contractual Documents relative thereto and has read all Special Provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the Town of Southold, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Airfield Lighting, Visual Aids, and Electrical Building Contract in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Plans, Specifications and Contract Documents, to the full and entire satisfaction of the above said Town of Southold, with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and Contract Documents, for the unit prices listed opposite each item. It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute bidder's obligations as described in the Specifications and any details not specifically mentioned, but evidently included in the Contract shall be compensated for in the item which most logically includes it. 1 10/90 BID -1A ■■r � No r " m m s I= � = � sim m" 10 " m ELIZABETH FIELD AIRPORT AjRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ 1 P-152 COMMON EXCAVATION, AREA NO.1 1 LS FOR Thr - 61� � d Q-� L �.. \C\0 CJQ PER LS $ 000 . (o $ f o 000 , oO 2 P-152 PAVEMENT EXCAVATION (BITUMINOUS CONCRETE) 900 SY FOR PER SY $ 3 Q 0 . GO 3 P-612 FIELD OFFICE 1 LS FORA y� PER LS I $-1-� •�i� $ (i • oc) 4 P-620 RUNWAY PAINTING 23000 SF FOR Qf/1 PER SF $ .' $ rj� , m r a*" w m .r err + ow r� d" a " r" I.r = r ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ 5 L-102 ELECTRICAL BUILDING ELECTRICAL SERVICE 1 LS �j 1 FOR PER LS $ oco . w $ oc o .00 6 L-106 SEGMENTED CIRCLE 1 LS FOR�� 6Vy� YIWy�I C� O� t.�_l,�/�Q.. 1(l Q Chu✓\ PER LS $ 1S 'j o .CU $ k s4.5w • 0O 7 L-107 LIGHTED WIND CONE 1 LS FOR�16L�/J ` (A (X.l� Yv,1 C Si/y�. PER LS $ O •OC: t(ajoo • C1 CABLE TRENCHING FOR THE INSTALLATION OF 8 L-108 UNDERGROUND CABLE 8600 LF FOR �1 PER LF $ 5 $13,3-50 -Qc3 �r r rr r ow r r on�■r ri r� �r r� r r r� �r ■r r ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ NO. 8 AWG, 600V, TYPE C SINGLE CONDUCTOR 9 L-108 UNDERGROUND CABLE INSTALLED IN TRENCH OR DUCT 28300 LF FOR In PER LF $ $ co NO. 8 AWG, SKV, TYPE C SINGLE CONDUCTOR 10 L-108 UNDERGROUND CABLE INSTALLED IN TRENCH OR DUCT 12900 LF . FOR PER LF cx:) NO. 8 AWG, BARE COPPER COUNTERPOISE WIRE 11 L-108 INSTALLED IN TRENCH INCLUDING GROUNDING RODS AND EXOTHERMIC CONNECTIONS 9500 LF FORQ,n^ PER LF INSTALLATION OF AIRPORT ELECTRICAL 12 L-109 BUILDING EQUIPMENT, IN PLACE 1 LS FOR �1 PER LS $-3�OOO .O� $ �jQ OOO . Go m oo.. m m mom mom m m mmmor m" .r "� ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ 13 L-110 4 -WAY ELECTRICAL DUCT BANK, TYPE I 700 LF FOR PER LF $ SS . oo $ S -0U • CQ 14 L-110 8 -WAY ELECTRICAL DUCT BANK, TYPE I 200 LF FOR L= CLh'I.LL�/v7 , t1 CIL PER LF $-70-6o $ c C o . ca 2 -INCH DIAMETER RIGID STEEL CONDUIT INSTALLED 15 L-110 IN PAVEMENT 3000 LF FOR--y--61�t�� OUL�► ifl �i PER LF $ t- . o—c) $ () 2 -INCH DIAMETER RIGID STEEL CONDUIT INSTALLED 16 L-110 IN T'TRF 270 LF FOR �j7 pjY�j PER LF $ c -;k . M r mwl m m r m mm = m ango r r M� w� ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ 2 -INCH DIAMETER RIGID STEEL CONDUIT REINSTALLED 17 L-110 IN TURF 190 LF FOR �t�.� Ca V1 C CSGV1 PER LF $ $ . co 18 L-112. ELECTRICAL BUILDING 1 LS � i fI� FOR TVI G`/r C�vllL�/�1� Y>0 Y\ PER LS $ QQo . (gip $.90,000 . 00 19 L-115 ELECTRICAL MANHOLE NO. 1 1 EACH FOR A-(Az� PER EACH $ sz -w $ •� 20 L-115 PULL BOX REINSTALLATION 1 EACH 1- FOR 1 U�y�(1� sz �► — �c anti: "C) C�-'✓� PER EACH $ SOCG . UCS $ SCS , GO ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ MEDIUM INTENSITY RUNWAY EDGE LIGHTS, BASE 21 L-125 MOUNTED, IN PAVEMENT 57 EACH 0� /' jAs piy `1 17,)55 00 FOR PER EACH $ $� 22 L-125 RUNWAv 25 THRESHOLD LIGHTS 1 LS FOR --�-- �, PER LS $ QU . DO $ AIRPORT GUIDANCE SIGN NO.R-2-5, BASE 23 L-125 MOUNTED, IN PAVEMENT 1 LS j- FOR r l d 11 ll d- C X dA.ZL, nO _QNdbi PER LS $o (D QQ $ S • O(j AIRPORT GUIDANCE SIGN NO.R-2-19, BASE 24 L-125 MOUNTED, IN PAVEMENT 1 LS FOR , l7 61�(J�N� C� �,�,( ►`tU./�C%� PER LS $(p SS .C� $ S�S . UO r am . m w r i m m r m dr � m mm No me ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ AIRPORT GUIDANCE SIGN NO.R-1-3, BASE 25 L-125 MOUiITFD, IN TURF 1 LS FOR V\, C) PER LS $_q $ o QU AIRPORT GUIDANCE SIGN NO.R-1-19, BASE 26 L-125 MOUNTED, IN TURF 1 LS FOR (� h C: C-Q/h,6 PER LS $�—' C>C) $ CC1 RUNWAY END IDENTIFICATION LIGHT (REIL) SYSTEM, 27 L-125 RUNWAY 7 END 1 LS FOR Y� PER LS s ff . 60 $ L s RUNWAY END IDENTIFICATION LIGHT (REIL) SYSTEM, 28 L-125 RUNWAY 25 END 1 LS FOR �i Y ,1r�C� �WZ7kwl--AlkA A4AI Yxo Ny ,PER LS $ aG-0 .00:, $ m m m m m m� m m mm air � m m r m m i ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ RUNWAY END IDENTIFICATION LIGHT (REIL) SYSTEM, 29 L-125 RUNWNY 12 END 1 LS FOR +k PER LS $ Q ;Z5 -u .CICS $ "?Is -,c) .CSO RUNWAY END IDENTIFICATION LIGHT (REIL) SYSTEM, 30 L-125 RUNWAY 30 END 1 LS FOR44 N PER LS $ .0() $ GENERIC VISUAL APPROACH DESCENT INDICATOR 31 L-125 SYSTEM, RUNWAY 7 END 1 LS FOR, PER LS $ C S� $ ()Q GENERIC VISUAL APPROACH DESCENT INDICATOR 32 L-125 SYSTEM, RUNWAY 25 END 1 LS FOR PER LS M m� M M M ma -a m m m r am M M M mm r ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES UNIT PRICE TOTAL AMOUNT ITEM SPEC ITEM DESCRIPTION NO. NO. AND UNIT PRICE IN WORDS $ $ GENERIC VISUAL APPROACH DESCENT INDICATOR 33 L-125 SYSTEM, RUNWAY 12 END 1 LS FOR i \!� 11� \A�►�_CC1 .� x "� SY �� -a o -QAC�y PER LS $ s U . cc s azo • co GENERIC VISUAL APPROACH DESCENT INDICATOR 34 L-125 SYSTEM, RUNWAY 30 END 1 LS j FOR Tvl 1 l li� If PER LS $ � c . GC $ c 35 L-125 REMOVAL OF EXISTING RUNWAY EDGE LIGHTS 1 LS FOR L�U�A-1 , 1 PER LS $ . inn $ ,7 i SC}U 36 M-100 MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS FOR PER LS $ _ SZSU .60 m m m M r ■r MON r mm ria M M m M m r m ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING UNIT PRICE SCHEDULE ITEM NO. FAA SPEC NO. ITEM DESCRIPTION AND UNIT PRICE IN WORDS PRICE IN FIGURES UNIT PRICE $ TOTAL AMOUNT $ 37 M-200 MOBILIZATION 1 LS FOR $ i boo .-QL s loo()-.-. 00 PER LS m m rr m mm m mm m m m i m r ■r r m r ELIZABETH FIELD AIRPORT AIRFIELD LIGHTING, VISUAL AIDS AND ELECTRICAL BUILDING NOTE: UPON NOTIFICATION OF AWARD OF CONTRACT, THE SUCCESSFUL BIDDER SHALL SUBMIT, IN WRITING A BREAKDOWN OF THE FOREGOING UNIT PRICES INDICATING (A) WHAT PORTION IS FOR MATERIALS AND SUPPLIES AND (B) WHAT PORTION IS FOR OTHER CONSIDERATIONS. TOTAL PRICE IN WORDS TOTAL PRICE IN FIGURES TOTAL CONTRACT !►l T yi;l- l •00 NOTE: UPON NOTIFICATION OF AWARD OF CONTRACT, THE SUCCESSFUL BIDDER SHALL SUBMIT, IN WRITING A BREAKDOWN OF THE FOREGOING UNIT PRICES INDICATING (A) WHAT PORTION IS FOR MATERIALS AND SUPPLIES AND (B) WHAT PORTION IS FOR OTHER CONSIDERATIONS. J E 1 L This bid is based upon prevailing wages in Suffolk County, New York and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the Specifications. The quantities for bid items listed on the proposal sheet are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction shall not be taken as a basis for claims by the Contractor for extra compensation. Compensation will be based upon the unit prices and actual construction quantities. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal Contract attached within 15 days and deliver a Surety Bond or Bonds as required by Section 30-05 of the General Provisions. The bidder further proposes and agrees hereby to commence construction with an adequate work force, plant and equipment on the date stated in the written notice to proceed and will progress therewith to its completion within working days in accordance with this Contract and Specification. The bid bond or certified check in the amount of five percent (5%) of this bid shall become the property of the Owner in the event the Contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Attached hereto is a certified check on the _ for the sum of SIGNATURE: Bank of or a bid bond Dollars ($ a® I 9,q } . 0 S ) made payable to the '' cam1 hVV va� IN WITNESS WHEREOF, the parties to these present have hereunto set their hands and seals the day and year first above written: The Contractor by such duly authorized officers or individuals as may be r:quired by law. (SEAL) / • OR i IV Na"i TITLE: V A L"Q-- ■'JP��►: Tr; NOTE: If Contractor is ua corporation, Secretary should attest. 10/90 BID -2 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 f 1 1 NON -COLLUSIVE BIDDING CERTIFICATE The Signer of this Bid declares: A. That he has carefully examined the annexed form of the Agreement and Contract Documents. B. Pursuant to Section 103-d of the General Municipal Law, by submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief. 1. The prices in this Bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. I hereby affirm under the penalties of perjury that the foregoing statement is true. Affix Seal if Principal is Corporation 10/90 BIDE BY: TITLI BID -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Coy -N y-% STATE OF K) SS: COUNTY OF I On the (lam day of Mauk, 19( before me personally came c, Name of Bidikr J each person signing on behalf of Bidder to me known, who beim by me sworn, did swear and affirm that he resided �t 1 F, re CT ; thathe is the of the Bidder herein and signs the forego' Non -Collusive Certification on behalf of such Bidder; that5he executed the foregoing Non -Collusive Certification; and that, to the best of his knowledge and belief, the statement made in the foregoing Non- Collusive Certification is true. 10/90 t NOTARY PUBLIC NANCY J. AIELLO NOTARY PUBLIC My COMMISSION. EXPIRES MARCH 31, 1993 MY COMMISSION EXPIRES BID -4 1 u Ll 1 L� r L F1 1 THIS FORM SHALL BE COMPLETED BY ALL BIDDERS AND SHALL ACCOMPANY ALL PROPOSALS. The Bidder (Proposer) shall complete the following statement by checking the appropriate boxes. The Bidder (Proposer) hasK has not _ participated in a previous Contract subject to the Equal Opportunity clause prescribed by Executive Order 10925, or Executive Order 11114 or Executive Order 11246. The Bidder (Proposer) has _. has not _ submitted all compliance reports in connection with any such Contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed Subcontractors will be obtained prior to award of Subcon- tracts. If the Bidder (Proposer) has participated in a previous Contract subject to the Equal Opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard Form 100, 'Employee Information Report EEO -1" prior to the award of Contract. Standard Form 100 is normally furnished employees annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a Contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee Post Office Box 2236 Norfolk, Virginia 20501 10/90 BID -5 1 1 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION CONTRACTS EXCEEDING $10,000 BIDDER'S NAME: ADDRESS: TELEPHONE NO.: INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER: (jQ —Q 'y k67 ?S NON -SEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY -ASSISTED CONSTRUCTION CONTRACTORS: 1. A Certification of Non -Segregated Facilities must be submitted prior to the award of a Federally -assisted ' construction contract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity clause. 2. Contractors receiving Federally -assisted construction contract awards exceeding $10,000.00 which are not ' exempt from the provisi )ns of the Equal Opportunity clause will be required to provide for the forwarding of the notice to prospec'ive subcontractors for supplies and construction contracts where the subcontracts exceed $10,000.00 and are not exempt from the provisions of the Equal Opportunity clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION ON NON- SEGREGATED FACILITIES: 1. A Certification of Non -Segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity clause. 2. Contractors receiving subcontract awards exceeding S10,000.00 which are not exempt from the provisions ' of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000.00 and are not exempt from the provisions of the Equal Opportunity clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NON -SEGREGATED FACILITIES: ' The Federally -assisted construction contractor certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments and that it does not permit its employees to perform their ' services at any location, under its control, where segregated facilities are maintained. The Federally -assisted construction contractor certifies that it will not maintain or provide, for its employees, segregated facilities at any of its establishments and that it will not permit its employees to perform services at any location, under its control, where segregated facilities are maintained. The Federally -assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin, because of habit, local custom, or any other reason. The Federally - 10/90 BID -6 C� 1 1 1 1 1 1 1 1 1 1 1 assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause and that he will retain such certifications in his files. Certification: The information above is true and complete to the best of my knowledge and belief. I NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 10/90 BID -7 1 r_ I 1 L 1 1 1 STATEMtNT OF SURETY'S INTENT TO: TOWN OF SOUTHOLD, NEW YORK We Have Reflewcd The Bid of FALVEY CONSTRUCTION CORPORATION (Contractor) of P. 0. Box 699, 12 Fire Tower Road.ss��I(,illingworth, CT Q6417 Project No. 3-36-0029-04-91 Airfield Ligl�tin�sVisual Aids and Electrical Building for F1; ,aho}h Field AirTert (Project) Bids for Which V411 be Received On: March 12, 1992 (Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is our present intention to became surety on the performance bond and labor and material bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assure no liability to you or third parties if for any reason we do not execute the requisite bonds. We are duly authorized to do business in the State of New York. AWEST: urety's Au oriud Signature(s) ane Biron Siviski, Attorney in Fact Attach Power of Attorney (Corporate seal, if any. If no seal, write 'No Seal" across this place and sign.) (111s Form Must Be Complete Prior To The Submission Of The Bid) ' International Fidelity Insurance Company p.. 24 COMMERCE STREET NEWARK, N. J. 07102 BOND NO. 881063-3 tKNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, FALVEY CONSTRUCTION CORPORATION ' as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are held and firmly bound unto ' TOWN OF SOUTHOLD, NEW YORK in the penal sum of FIVE PERCENT (5%) OF AMOUNT BID for the payment of which, well and truly to be made, we hereby jointly and ' severally bind ourselves, our heirs, executors, administrators, successors and assigns. ' Signed, this 12th day of March 1992 The condition of the above obligation is such that whereas the Principal has submitted to TOWN OF SOUTHOLD, NEW YORK a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for Project No. 3-36-0029-04-91 Airfield Lighting, Visual Aids and Electrical Building Elizabeth Field Airport NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate 1 (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond for the faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement ' created by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. ' IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed ' and these presents to be signed by their proper officers, the day and year first set forth above. Signed, sealed and delivered in the presence of: FALVEY CONSTRUCTION CORPORATION 1X � % ATTEST: By. Pri cipal CYndh . Falvey Bid Bond Vice 'resident / INTERNATIONAL FIDELITY INSURANCE CO. tJaneBiron Sivoiski, Attorney in fact TEL. (201) 624-7200 POWER OF ATTORNEY ' INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: 24 COMMERCE STREET NEWARK, NEW JERSEY 07102 BOND NO. 881063-3 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JANE BIRON SIVISKI NEWINGTON, CONNECTICUT its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article2, - Section 3, of the By -Laws adopted ' by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 23rd day of December, 1968. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such Attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 4th day of February, 1975 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this Ist day of May, A.D. 1986. �l INTERNATIONAL FIDELITY INSURANCE COMPANY V ' cc -0 S /�L 0" 'e4 e 1W4 f! STATE OF NEW JERSEY County of Essex • �� Executive Vice President On this 1 st day of May 1986; before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, 1 said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 1 1 1 6 r* OTA R PV8OD JER`__� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 28, 1992 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand thisl 2tbay of March 19 92 9��7 0��V Assistant Secretary ADDENDA RECEIPT Receipt of the following Addenda is acknowledged: ADDENDUM NO.: ADDENDUM NO.: ADDENDUM NO.: M DATED: DATED: DATED: P.O. Address: �J 13C 0 Dated:(" The full names and residences of all persons interested in this bid as principals are as follows: ��1°S+ci+,��-�rec�a. �a� •�ti��P�l � l�. �-b�Q��-t.1 � . �i�� I,�i V{ 1 C1L —J�tAe'^ i �4CY�ih't� V-a�vQt� t t i Bidders must fill out the above complete. 10/90 BID -9 t, rl SUBCONTRACTORS AND SUPPLIERS SUBCONTRACTOR AND SUPPLIER NAME AND TITLE OF SIGNER 2. 3. 4. 5. 6. 7. 8. 9. 10. SIGNATURE AND DATE NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 10/90 BID -10 1 1 1 1 1 1 1 1 1 1 DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS To meet the requirements of Department of Transportation, Regulation 49 CFR Part 23, all bidders will provide evidence of the methods they have used to meet the Disadvantaged Business Enterprise goal as published in the Sponsor's Disadvantaged Business Enterprise Plan and approved by the Department of Transportation. The DBE participation goal for this project is 11%. All bidders must submit an assurance stating the percentage of Disadvantaged Businesses they intend to employ on this project. WITHIN15 DAYS AFTER THE OPENING OF BIDS AND BEFORE THE AWARD OF A CONTRACT, ALL BIDDERS OR PROPOSERS WISHING TO REMAIN IN COMPETITION FOR THE CONTRACT SHALL SUBMIT: 1. Name(s) of Disadvantaged Business Enterprise subcontractor(s) they intend to use. 2. Description of work each is to perform. 3. Dollar value of each proposed Disadvantaged Business Enterprise subcontract. REQUIRED ASSURANCE TO BE INCLUDED IN ALL BID PROPOSALS This firm assures that it will utilize not less than ( I % of Disadvantaged Busi:.ess participation. CERTIFICATION OF BIDDER FOR THE ABOVE: BIDDER'SNAME: "6QC" 4,JC-'i� ADDRESS: IRS NUMBER: Date 1 10/90 BID -11 *411 1 1 1 1 1 A r 1 1 1 1 1 1 f 1 1 f CONTRACTOR'S CERTIFICATION OF ELIGIBILITY The bidder/offeror certifies, by submission, of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. That, the information above is true and complete to the best of my knowledge. Nam and Title (Please C.0 -Majv&N Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. END OF SECTION 10/90 BID -12 J AGREEMENT THIS CONTRACT, in copies, made and entered into this day of 19 9 by and between the Town of Southold, Party of the First Part, and of County of State of `C/�l/ y,G�i��� hereinafter designated as the CONTRACTOR, Party of the Second Part. i WITNESSETH: That the parties hereto, each in consideration of the Agreements on the part of the other herein contained have mutually agreed and hereby mutually agree, the Party of the First Part for itself and its successors, and the Party of the Second Part for itself, himself, or themselves and its successors, his or their executors, administrators and assigns as follows: Article 1. DESCRIPTION. Under this Agreement and Contract the Contractor shall construct: Elizabeth Field Airport Airfield Lighting, Visual Aids and Electrical Building Article 2. In consideration of the payments to be made as hereinafter provided, and of the performance by the Owner of all of the matters and things to be performed by the Owner as herein provided, the Contractor agrees, at his own sole cost and exI ense, to perform all the labor and services and to furnish all the labor and * materials, plant and equipment, ne, :essary to complete and to complete in good, substantial workmanlike and approved manner, the work described under Article 1 hereof, within the time hereinafter specified and in accordance with the terms, conditions and provision of this Contract and with the instructions, orders and direction of the Engineer made in accordance with this Contract. Article 3. The Owner agrees to pay and the Contractor agrees, to accept as full compensation for all work done, and materials furnished, and also for all costs and expenses incurred and loss or damages sustained by reason of the action of the elements, or growing out of the nature of the work, or from any unforeseen obstruction or difficulty encountered in the prosecution of the work, and for all risks of every description connected with the suspension or discontinuance of the work as herein specified, and for faithfully completing the work, and the whole thereof, as herein provided, and for maintaining the work in good condition until the final payment is made, the prices stipulated in the Bid hereto attached. ' Article 4. CONTRACT DOCUMENTS. The following documents shall constitute integral parts of the Agreement, the whole to be collectively known and referred to as the Contract; Advertisement; General Provisions; Bid; Agreement; Special Provisions; Contract Drawings; and all interpretations of or addenda to the Contract Documents issued by the Owner or the Engineer with the approval of the Owner. The Table of Contents, Headings and Titles contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way effect, limit or cast light on the interpretation of the provisions to which they refer. Article 5. If the Contractor shall fail to comply with any of the terms, conditions, provisions or stipulations of this Contract, according to the true intent and meaning thereof, then the Owner may make use of any or all remedies provided in that behalf in the Contract and shall have the right and power to proceed in 4 accordance with the provisions, thereof. I A12/89 AGR -1 1 Article 6. The following alterations and addenda have been made and included in this Contract before it was signed by the parties thereto: IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals and have executed this Agreement, in three (3) copies, the day and year first above written. TOWN OF SOUTHOLD (SEAL) By: i_c_. �- -Z Mr. Scott L. ' , Town Supervisor (SEAL) By: (C n ractor) 12/89 AGR -2 IJ AGREEMENT (ACKNOWLEDGMENT OF OFFICER OR OWNER ATTESTING CONTRACT) STATE OF 2 ) SS: COUNTY OF ) �. On t �e day ofGT�L 19/�t , before me personally came and appeared me known, w ggeing—by me dul sworn, did depose and say that he is the of the ZoA described in and executed the foregoing tr nt, that he knows the seal of said O er, that one of the impressions appearing on said instrument is a true and correct impression of such seal; and that he affixed it thereto and attest the same over his signature by virtue of the authority in him vested. Notary Public JUN4 H TERRY Notary 'dew York CerimssslJn'ExpsrasfVjay31, 191 -- AGREEMENT ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION) STATE OF SS: COUNTY OF �\-IAAApj) On this day of j4,C14j, 19'12� before me personally came and appeared Y] — t me kno ,who, being by me duly sworn, did depo a and sav that he re' sides at that he is the��(r� of , the corporati descri d in which executed the foregoing instrument; that he knows.1le seal of said c rporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NANCY J. AIELLO MY comnnslcv Uz_rc No Public EXf"IRES M,SRCH 31, 1993 12/89 AGR -3 AGREEMENT (ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP) STATE OF ) SS: COUNTY OF ) On this day of 19 _, before me personally came and appeared tomeknownand known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of said firm. Notary Public AGREEMENT (ACKNOWLEDGMENT OF CONTRACTOR, IF AN INDIVIDUAL) STATE OF SS: COUNTY OF ) On this day of 19 _, before me personally came and appeared to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public 12/89 AGR4 AGREEMENT (CERTIFICATE OF OWNER'S ATTORNEY) I, the undersigned, , the duly authorized and acting legal representative of the Owner, do hereby certify as follows: I have examined the foregoing Contract and surety bond and the manner of execution thereof, and I am of the opinion that each of the aforesaid Agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said Agreements on behalf of the respective parties named thereon; and that the foregoing Agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. Owner's Attorney Date END OF SECTION 12/89 AGR -5 u SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the Contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Plans, Specifications, and terms of the Contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded Contract quantities, provided that the aggregate of such alterations does not change the total Contract cost or the total cost of any major contract item by more than twenty-five percent (25%) (total cost being based on the unit prices and estimated quantities in the awarded Contract). Alterations which do not exceed the twenty-five percent (25%) limitation shall not invalidate the Contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original Contract. These alterations which are for work within the general scope of the Contract shall be covered by "Change Orders" issued by the Engineer. Change Orders for altered work shall include extensions of Contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the twenty-five percent (25%) limitation hereinbefore specified, such excess altered work shall be covered by Supplemental Agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any Contract item that requires a Supplemental Agreement, the Owner reserves the right to terminate the Contract with respect to the item and make other arrangements for its completion. All Supplemental Agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the Supplemental Agreement exceeds two thousand dollars (52,000.00). However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded Contract or any major Contract item by more than twenty-five percent (25%), the Supplemental Agreement shall be subject to the same U. S. Secretary of Labor wage determination as was included in the originally awarded Contract. All Supplemental Agreements shall require consent of the Contractor's surety and separate performance and payment bonds. 40-03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any Contract item, except major Contract items. Major Contract items may be omitted by a Supplemental Agreement. Such omission of Contract items shall not invalidate any other Contract provision or requirement. Should a Contract item be omitted or otherwise ordered to be non -performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 7 40-04 EXTRA WORK. Should acceptable completion of the Contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original Contract or previously issued Change Orders or Supplemental Agreements, the same shall be called Extra Work. Extra work that is within the general scope of the Contract shall be covered by written Change Order. Change Orders for such extra work shall contain agreed unit and/or lump sum prices for performing the Change Order work in accordance with the requirements specified in the order and shall contain any adjustment to the Contract time that, in the Engineer's opinion, is necessary for completion of such extra work. 0 12/89 GP 40-1 Extra work to be performed on the basis of agreed prices where no applicable unit or lump sum prices have been included in the Contract shall be based upon a Contractor's price analysis for the work. The price analysis will be completed as outlined in the subsection of Section 90 titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. MW When determined by the Engineer to be in the Owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the Project, but is not within the general scope of the work covered by the original Contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment for extra work that is not covered by written Agreement (Change Order or Supplemental Agreement) shall be rejected by the Owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the Contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her Subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her Subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the Contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the Contract, Plans, and Specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish, erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as speed in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly but shall be included in the various Contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various Contract items. I 12/89 GP 40-2 Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the Plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the Contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the Contract and shall remain the property of the Owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK Should the Contractorn e counter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the Contract to be either t embankment or waste, he may at his/her option either: A. Use such material in another Contract item, providing such use is approved by the Engineer and is in conformance with the Contract Specifications applicable to such use; or, B. Remove such material from the site, upon written approval of the Engineer; or, C. Use such material for his/her own temporary construction on site; or, D. Use such material as intended by the terms of the Contract. Should the Contractor wish to exercise option A, B, or C, he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A, B, or C, the Contractor shall be paid for the excavation or removal of such material at the applicable Contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an ag -eed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the Contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option A; the Contractor shall be paid at the applicable Contract price for furnishing and installing such material in accordance with requirements of the Contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of this exercise of option A, B, or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the Contract, Plans, or Specifications. 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site s_l machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or ?,rtions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. 40-09 DEBRIS. The Contractor shall remove all debris and rubbish resulting from his work at frequent intervals on the order of the Engineer, and at completion leave the premises broom -clean and everything in perfect order and repair. Upon neglect or refusal of any Contractor to keep the premises clear, the Engineer shall have the authority to have such work performed, and the cost of the same shall be charged to the 12/89 GP 40-3 t Contractor in default and collected from any monies which have or may become due on this Contract; and the Engineer shall issue no certificates of payment on the Contract until premises are clear and in good order, and all claims created properly adjusted. 40-10 SUBSURFACE CONDITIONS. Boring information, if applicable, has been obtained by the Owner in the vicinity of the work of this Contract and as shown on separate sheets which are not part of the Contract Drawings nor any part of the Contract Documents. The boring information shown on these drawings or sheets is available to bidders, Contractors and other interested parties only as a convenience and is made available without expressed or implied representation, assurance or guarantee that the information is adequate, complete or correct, or that it represents a true picture of the subsurface conditions to be encountered or that all pertinent boring information in the possession of the Owner or Engineer has been furnished. It shall be the Contractor's obligation to satisfy himself as to the nature, character, quality, and quantity of subsurface conditions likely to be encountered and any reliance upon the boring information made available by the Owner shall be at the Contractor's risk. The Contractor agrees that he shall neither have nor assert against the Owner or Engineer any claim for damages or extra work or for relief from any obligation of this Contract based upon the boring information made available or based upon the failure by the Owner to furnish additional or all boring information in the Owner's or Engineer's possession. Any holder of Contract Documents will be permitted to make test borings, test pits, soundings, etc. on the test site of the work if he so desires, subject to approval by the Owner. It should be understood that the party or parties receiving such approval must assume all risk and liability contingent thereto. r 1 1 1 END OF SECTION � 12/89 GP V4 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the Specifications or Plans relating to the work, the fulfillment of the Contract on the part of the Contractor, and the rights of different Contractors on the Project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the Contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the Contract, Plans, or Specifications. If the Engineer finds the materials furnished, work performed, or the finished product is not within reasonably close conformity with the Plans and Specifications. but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance which will provide for an ac justment in the Contract price for the affected portion of the work. The Engineer's determination and recommended Contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. 1 Changes in the Contract price shall be covered by Coutract modifications (Change Order or Supplemental Agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the Plans and Specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. w For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the Contract, Plans, and Specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the Contract, Plans, and Specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the Contract, Plans and Specifications. 50-03 COORDINATION OF CONTRACT, PLANS AND SPECIFICATTONS. The Contract, Plans, Specifica`ions, and all referenced standards cited are essential parts of the Contract requirements. A requaement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; Contract Technical Specifications shall govern over Contract General Provisions, Plans, cited standards for materials or testing, and cited FAA Advisory Circulars; Contract General Provisions shall govern over Plans, cited standards for materials or testing, and cited FAA Advisory Circulars; Plans shall govern over cited standards for materials or testing and cited FAA Advisory Circulars. 1 8/91 GP 50-1 The Contractor shall not take advantage of any apparent error or omission on the Plans or Specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with three (3) copies each of the Plans and Specifications. He shall have available on the work at all times one (1) copy each of the Plans and Specifications. Additional copies of Plans and Specifications may be obtained by the Contractor as specified in the subsection titled CONTRACT DRAWINGS FURNISHED TO CONTRACTORS of Section 30. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other Contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between Contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this Contract. When separate Contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall asume all liability, financial or otherwise, in connection with his/her Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss expzrienced by him because of the presence and operations of other Contractors working within the limits of the :ame project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere , vith the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The designation "Subgrade" is the bottom line or'surface to which the excavations are necessarily made for the purpose of building the work in accordance with the Drawings, not including the additional depth of excavation required for any special foundation that may be ordered. "Invert" or "grade line" for pipes and sewers mentioned in these Specifications and indicated on the Drawings refers to the inside bottom of the pipe of the surface upon which sewage or water flows along the centerline of the completed work. 1 n 11 1 1 The Contractor must furnish all control for the layout and construction of the work. Basic control information ' has been shown on the Plans. The Engineer, at the request of the Contractor, will set a benchmark at a location to be determined for the Contractor's control prior to construction. The Contractor shall give the work his/her personal attention and supervision, layout his/her own work, do all necessary leveling and measuring, or employ a competent engineer to do so. It shall be no part of the duty of the Engineer, or any of the inspectors, to perform any of this service, but if any such service should be done by the Engineer or any of the inspectors, it shall be done at the request and with the approval of the Contractor interested, and no pleas as to the acts or directions of others than the Engineer will be admitted in justification of any errors of construction where a departure is made from the Drawings, Specifications, or Contract, and such plea in justification shall in no way be binding upon the Owner. Figures and full-size drawings shall take precedence over scale measurements and drawings. 8/91 GP 50-2 Any Contractor performing constructive or finish work of any kind or character, which is of corresponding relationship with work performed by another Contractor, shall layout his/her work according to the work already constructed and take all exact measurements therefrom, and prepare all Shop Drawings in accordance with the same, and complete all work to the exact measurements thus obtained and without creating any claim or obligation on the Owner. If any part of the Contractor's work is dependent for its proper execution, or for its subsequent efficiency or appearance, on the character or condition of associated or contiguous work not executed by him, the Contractor shall examine such associated or contiguous work, and shall report to the Engineer, in writing, any imperfections therein or any conditions that render it unsuitable for the reception of his/her work. In case the Contractor proceeds without making such written report, he shall be held responsible for any defects in his/her own work in consequence thereof, and shall not be relieved of the obligation of any guarantee because of any such imperfection or condition. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the Contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period of forty-eight (48) hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the Contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the Contract. Inspectors are not authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. Inspector-. employed by the Owner are authorized to notify the Contractor or his/her representative of any failure of the work or materials to conform to the requirements of the Contract, Plans, or Specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the Contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (Contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility Owner a party to the Contract, and shall in no way interfere with the rights of the parties to this Contract. 1 3/91 GP 50-3 r 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the Contract, Plans, and Specifications will be considered unacceptable unless otherwise determined acceptable by the Engineer, as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through j carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No work will be done prior to the Engineer's establishment of a benchmark for the Contractor's control (as described in the subsection of this section titled CONSTRUC'T'ION LAYOUT AND STAKES) if such is required by the Contractor for the construction of this project. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to an other ag Y type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a Contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted, shall be included in the unit prices bid on the various Contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory m-iintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 8/91 GP 504 LJ 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the Project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the Contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the Contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire Project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the Contract is found to be completed in accordance with the Contract, Plans, and Specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same, and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the Contract, Plans, or Specifications or previously authorized as Extra Work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within ten (10) calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 SHOP AND SETTING DRAWINGS. "Shop and Setting Drawings" or "Working Drawings" shall be supplied for each and every fabricated item or part. Drawings and data shall be submitted sufficiently in advance of the work to permit proper review, including time for necessary revisions and resubmittals. Delay to the work caused by late submission of Shop Drawings shall be the responsibility of the Contractor making such late submission. Shop and setting drawings shall present complete and accurate information relative to all working dimensions, equipment weight assembly and sectional view, all the necessary details, pertaining to coordinating the work of the Contract, lists of materials and finishes, parts lists and the description thereof, lists of spare parts and tools where such parts or tools are required, no -scale control diagrams for control wiring and control piping, and any other items of information that are required to demonstrate detail compliance with the Plans and Specifications. If the Contractor proposes equipment requiring materially different layout from that shown on the Plans and if such equipment is approved by the Engineer, the Contractor shall submit drawings showing the revised layout of all affected structures, piping and equipment. Each drawingshall be dated and shall show the name of the Project, Contract Number and the name of the ] � manufacturer of the equipment covered by the drawing or drawings. 8/91 GP 50-5 The Engineer will not review any drawings that are not properly identified or that do not contain complete data on the work or that have not been checked, stamped and signed by the Contractor for compliance with the Contract Documents. The Engineer's review of the Contractor's Shop Drawings signifies only that such drawings appear to be in substantial conformity with the Contract Drawings and Specifications or with the Engineer's instructions. Such review does not indicate approval of every detail of the drawings nor of the work methods of the Contractor which are indicated thereon. Regardless of the corrections made in or made of such drawings by the Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings, for their conformity to the Plans and Specifications and for the proper fitting and construction of the work. No work covered by shop and setting drawings shall be done until the drawings have been reviewed by the Engineer. 50-18 ELECTRICAL SHOP DRAWINGS. Drawings for electrical equipment shall show physical dimensions and installation details and shall include elementary and connection diagrams for each control assembly and the interconnection diagrams for all equipment. The drawings shall show clearly the coordination of control work, shall identify the components external to electrical equipment and shall define the contact arrangement and control action of the primary and final control elements. Where standard electrical control equipment having complex internal wiring is required, such as boiler control panels, generator transfer panels, electric or electronic instruments and similar items, the detail shop wiring diagrams for such equipment will not be required, and, if submitted, will in general not be reviewed. The submittal for each such item of equipment shall, however, include an elementary diagram of the inpu and output elements which require connections to external equipment, and/or a complete step by step descr ption of the control action of the equipment being submitted. In the event that any questions shall arise as to the type of information to be presented on the sub-mittal, the supplier shall direct inquiries to the Engineer through the Prime Contractor in advance of the preparation of his/her submittal. 50-19 SHOP DRAWING APPROVAL PROCEDURE. The following procedure has been established for the submittal and processing of shop and setting drawings. Departures from this procedure may result in delay and misunderstandings. A. In submitting drawings, catalog data, and similar items for review, at least four (4) copies shall be submitted. This number includes one (1) for return to the Contractor bearing the review stamp. If the Contractor desires more than one (1) copy returned to him, he shall submit with the initial and subsequent transmittals the additional number desired up to a maximum of three (3) copies. If the Engineer requires additional copies, he will so inform the Contractor upon return of the reviewed material. Additional copies of reviewed Shop Drawings will be requested in the cases where the subject matter shown thereon requires coordination of two or more prime Contracts. Two (2) copies of each of such drawings received will be re -transmitted by the Engineer, whenever possible, to each of the other prime Contractors whose work is to be correlated with such drawings. The Engineer will re -transmit these drawings in order to facilitate each Contractor's coordination of his/her own work with that of the other Contracts. B. For transmitting data for review, two (2) copies of the letter of transmittal will be required by the Engineer's office. Form letters may be used. C. All correspondence other than simple transmittal of data shall be in triplicate. D. Unless otherwise requested, a single copy of the correspondence emanating from the Engineer's office will be sent. Additional copies of correspondence up to a maximum of four (4) copies will be 8/91 GP 50-6 tJ provided, if requested. ' E. Drawings and similar data will be stamped as follows: 1. "Approved", if no change or rejection is made. All but three (3) copies of the submitted data will be returned. 2. "Approved As Noted", if minor changes or additions are made, but resubmittal is not considered necessary. All but three (3) copies of the submitted data will be returned and all copies will bear the corrective marks. 3. "Returned For Correction", if the changes requested are extensive. In this case, resubmittal after correction is necessary and the same number of copies shall be included in the resubmittal as in the first submittal. One (1) copy of the first submittal will be retained by the Engineer's office and only two (2) copies will be returned to the Contractor unless the Contractor has requested the return of additional copies as set forth above. All other copies will be destroyed. 4. "Rejected", if it is considered that the data submitted cannot with reasonable revision meet the requirements of the Pians and Specifications. As in "3" above, only two (2) copies will be returned unless additional copies have been requested. One (1) copy will be retained by the Engineer's office and all others will be destroyed. 5. "Incomplete Submission", if the data submitted is not clear, complete, or for other reasons cannot be examined by the Engineer to establish compliance with the Plans and Specifications. Only two (2) copies will be returned to the Cor tractor, one (1) copy will be retained by the Engineer and all other copies shall be destroye.1. 6. Unless otherwise approved in specific cases, all data must be transmitted by the Prime Contractor; not by the Subcontractors or vendors. 7. Any changes other than those indicated as requested, made in drawings or other data, must be specifically brought to the attention of the Engineer upon resubmittal. Changes or additions shall not be made in or to reviewed data without re -review. 1 8. In order to eliminate cross filing, it is required that the subject matter of any one drawing be limited to one Payment Item. 50-20 REMOVAL OF WATER. The Contractor shall at all times during construction, provide and maintain proper and satisfactory means and devices for the removal of all water entering the excavations, and shall remove all such water as fast as it may collect, in such manner as shall not interfere with the prosecution of the work or the proper placing of materials or other work. Removal of water includes the construction and removal of cofferdams, sheeting and bracing, the furnishing of materials and labor necessary therefore, the excavation and maintenance of ditches and sluiceways and the furnishing and operation of pumps, wellpoints and appliances needed to maintain thorough drainage of the work in a satisfactory manner. Water shall not be allowed to r ;e over or come in contact with any masonry, concrete or mortar, until at least twenty-four (24) hours after placement and no stream of water shall be allowed to flow over such work until such time as the Engineer may permit. Unless otherwise specified, all excavations which extend down to or below the static groundwater elevations at the sites of structures shall be dewatered by lowering and maintaining the groundwater beneath such excavations at an elevation not less than that specified herein at all times when work thereon is in progress, during subgrade preparation and the placing of the structure or other materials thereon. 1 8/91 GP 50-7 Where the presence of fine grained subsurface materials and a high groundwater table may cause the upward flow of water into the excavation with a resulting quick condition, the Contractor shall install and operate a suitable dewatering system to prevent the upward flow of water during construction. The effluent pumped from the dewatering system shall be examined periodically by qualified personnel to determine if the system is operating satisfactorily without the removal of fines. Unless otherwise directed by the Engineer or shown on the Contract Documents, the water level shall not be permitted to rise until construction in the immediate area is completed and the excavation backfilled to the original grade or proposed grade. Where well points are used, the groundwater shall be lowered and maintained continuously (day or night) at a level not less than two (2) feet below the bottom of the excavation. Excavation will not be permitted at a level lower than two (2) feet above the water level as indicated by the observation wells. The wellpoint system shall be designed or installed b or under the supervision of an organization whose Po Y� � Y Pe 8 principal business is wellpointing and has at least five (5) consecutive years of similar experience and can furnish a representative list of satisfactory similar operations. Wellpoint headers, points and other pertinent equipment shall not be placed within the limits of the excavation in such a manner or location as to interfere with the laying of pipe or trenching operations or with the excavation for and/or construction of other structures. Standby gasoline or diesel powered equipment shall be provided so that in the event of failure of the operating equipment, the standby equipment can be readily connected to the dewatering system. The standby equipment shall be maintained in good order and actuated regularly not less than twice a week when directed. Wellpoints shall be installed in the center of a sand wick drain which shall be placed by means of a sanding shell or other approved means to provide a sand core not less than ten (10) inches in diameter. Detached observation wells of similar construction to the wellpoints shall be installed at intervals of not less than fifty (50) feet along the opposite side of the trench from the header pipe and line of wellpoints, or around the excavation for a structure or as shown on the Contract Drawings, to a depth of at least five (5) feet below the proposed excavation. In addition, one wellpoint in every fifty (50) feet shall be fitted with a tee, plug and valve so that the wellpoint can be converted for use as an observation well. Observation wells shall be not less than one and one-half (11h) inch in diameter. Water pumped or drained from excavations, or any sewers, drains, or water courses encountered in the work, shall be disposed of in a suitable manner without injury to adjacent property, the work under construction, or to pavements, roads and drives. No water shall be discharged to sanitary sewers. Sanitary sewage shall be pumped to sanitary sewers or shall be disposed of by an approved method. Any damage caused by improper handling of water shall be repaired by the Contractor at his/her own expense. 50-21 SHEETING AND BRACING. The Contractor shall furnish, place and maintain such sheeting, bracing and shoring as required to support the sides and ends of excavations in such a manner as to prevent any movement which would in any way damage the pipe, sewers, masonry or other work, diminish the width necessary, otherwise damage or delay the work, or endanger existing structures, pipes or pavements, or to occasion a hazard to persons engaged on the project or to the general public. Sheeti..g and bracing or other trench protection shall be utilized as required for the safety of employees exposed to the hazard of falling or sliding material from any trench or excavation in conformance with the provisions of Industrial Code Rule 23 as amended, and OSHA. The Contractor shall submit details of all sheeting to be used on this project to the Engineer for review. These submitted details must be signed and stamped by a Professional Engineer licensed to practice in New York State. The Contractor shall be responsible for the adequacy of all trench support systems used and for all damage I 8/91 GP 50-8 a to persons or property resulting from improper quality, strength, placing, maintenance and removal. All material used for sheeting and bracing shall be sound and free from defects which might impair its strength or effectiveness. All timber sheeting and bracing shall be sound and straight, free from cracks, shakes and large or loose knots, with dressed edges where directed and shall otherwise conform with National Design Specifications for Stress Grade Lumber for lumber of a minimum fiber stress of 1,200 pounds per square inch. All steel sheeting and bracing shall be sound and straight, free from bends, twists or splits, having square and undamaged ends and shall otherwise conform with ASTM Designation A328 -75A and shall have a minimum thickness of 3/8 -inch. Sheeting shall be driven vertically from the original ground surface as the excavation progresses. Sufficient toe support shall be sustained so as to maintain pressure against the original ground at all times. Timber sheeting shall be driven so that edges are tight together and steel sheeting driven with the individual members interlocking. All bracing shall be of such design and strength as to maintain the sheeting in its proper position. If, in the judgement of the Engineer, the sheeting or supports furnished are inadequate or unsuited for the ' purpose, he may order such sheeting or bracing to be replaced or additional sheeting and bracing to be installed. Any sheeting and bracing ordered and so installed for such purpose shall be furnished and installed at the expense of the Contractor. Whether or not the Engineer orders any additional sheeting or bracing to be installed or unsuitable sheeting or bracing to be replaced, the Co itractor shall be solely responsible for the adequacy of all sheeting and bracing. In general, all sheeting and bracing, whether of steel, timber or other material, used to support the sides of trenches or other open excavations, shall be withdrawn as the trenches or other open excavations are being refilled. That portion of the sheeting extending below the top of a pipe, sewer or structure shall be withdrawn, unless otherwise directed, before more than 6 inches of earth is placed above the top of the pipe, sewer or structure and before any bracing is removed. The voids left by the sheeting shall be carefully refilled with selected material and rammed tight with tools especially adapted for the purpose or otherwise as may be ' approved. The Contractor shall be responsible for the adequate shoring and/or bracing of any existing utilities encountered during the excavation. Such utilities shall be braced or shored in a manner acceptable to the local jurisdictional agency having authority over the utility encountered. It shall be the responsibility of the Contractor to prevent damage to or displacement of utilities, and to work with and request the concurrence of the utility's company representative in this matter. The Contractor shall give written notice, seventy-two (72) hours in advance of excavation operations, to all utility companies with services in the vicinity of such operations. A copy of such notification shall be filed with the Engineer. The use of a trench shield, box or similar- device in place of sheeting and bracing will not be allowed. The Contractor, as a minimum shall tight sheet and brace those areas shown on the Contract Drawings. > gh IEND OF SECTION 1 8/91 GP 50-9 u SECTION 60 ' CONTROL OF MATERIALS I 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the Contract, Plans, and Specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the Contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited Materials Specifications. In addition, where an FAA Specification for airport lighting equipment is cited in the Plans or Specifications, the Contractor shall furnish such equipment that is: A. Listerin the FAA Advisory Circular AC 150/5345- 1, Approved Airport Equipment, that is in effect r on th ; date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this Contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EFFECTIVE FAA AC OR CITED FAA APPROVAL LETTER FOR EQUIPMENT NAME SPECIFICATION EQUIPMENT AND MANUFACTURER Wind Cone L-807 150/5345-27C Lighting Control Panel L-821 150/5345-3C Cable Connectors L-823 150/5345-26B Underground Electrical Cables L-824 150/5345-7D Regulators, Constant Current L-828 150/5345-10E Isolating Transformer L-830 150/5345-47 ' Pilot Control Panel L-841 150/5345-13 Runway End Identification Lights L-849 150/5345-51 Pilot Control Relay Panel L-854 150/5345/49 Guidance Signs L-858 150/5345-44D Medium Intensity Runway Lights L-861 150/5345-46A Light Bases L-867 150/5345-42B 12/89 GP 60-1 r Generic Visual Approach Descent Indicator L-883 150/5345-52 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the Owner. THE COST OF ALL FAILING TESTS SHALL BE BORNE BY THE CONTRACTOR. Samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with Contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. No payment shall be made on any item for which acceptable certificates of compliance have not been submitted ' to the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the Contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. 12/89 GP 60-2 1 Should the Engineer conduct plant inspections, the following mBconditions shall exist: A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications. 60-05 FIELD OFFICE. The Contractor shall furnish a field office as shown and specified. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the Plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or Lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. ' All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the Owner or Lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the Contract, Plans, or Specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. No rejected material or assembly, the defects of which have been corrected by the Contractor, shall be returned to the site of the work until such time as the Engineer has approved its use in the work. 60-M OWNER -FURNISHED MATERIALS. They Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be fin-nished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site ca work, storage, and installing Owner -furnished materials shall be included in the unit price bid for the Contract Item in which such Owner - furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's 12/89 GP 60-3 1 1 i 1 1 i 1 i 1 1 1 1 1 1 1 1 1 1 1 handling, storage, or use of such Owner -furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner -furnished materials. 12/89 END OF SECTION GP 60-4 SECTION 70 r LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ' ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The New York State Department of Environmental Protection has issued a Tidal Wetland Permit and Freshwater Wetlands Permit for this project. The Contractor shall be responsible for posting the permits and shall comply with all requirements of the permits. The Contractor shall procure all other permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Cc ntractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expens, :s, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: Owner Location Person To Contact Fishers Island Mr. James Hancock Electric Company 516-788-7543 Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written , permission of the Engineer. Should the owner of public or pr' gate utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this Contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as Extra Work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless 07/91 GP 70-1 r 1 �I 1 t f 7 LI 1 11 1 1 otherwise provided for in the Contract, Plans, or Specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP Contracts, the United States Government has agreed to reimburse the Owner for some portion of the Contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) Agreement with the Owner, the Owner has included provisions in this Contract pursuant to the requirements of the Airport Improvement Program, as amended, and the Rules and Regulations of the Federal Aviation Administration that pertains to the work. As required by the Program, the Contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, Federal Aviation Administration and is further subject to those provisions of the rules and regulations that are cited in the Contract, Plans, or Specifications. No requirement of the Program, the rules and regulations implementing the Program, or this Contract shall be construed as making the Federal Government a party to the Contract nor will any such requirement interfere, in any way, with the rights of either party to the Contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the State and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, State, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her Subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her Subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When tho work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of FAA Advisory Circular 150/5340-1, Marking of Paved Areas on Airports. 07/91 GP 70-2 The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to FAA Advisory Circular 150/5370-2, Operational Safety on Airports During Construction Activity. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to FAA Advisory Circular 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and , markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than one thousand (1,000) feet from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each pro nerty owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within one thousand (1,000) feet of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property marks until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act of omission, neglect or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising 07/91 GP 70-3 r� or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her Contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract. i70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the Contract work for the beneficial occupancy of the Owner prior to completion of the entire Contract, such "phasing" of the work shall be specified herein and indicated on the Plans. When so specified, the Contractor shall complete such portions of the work on or before the date speed or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the Owner as described below: Phase or Required Date or Sequence Work Shown Description of Owner's Beneficial Occupancy on Plan Sheet Refer to Section 80-12 Specific Airport Operating Requirements. Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work an shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the Contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the Contract work. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of governmental authorities. 07/91 GP 704 If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under his/her Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the Contract work, the approximate locations have been indicated on the Plans and the owners are indicated as follows: Utility Service Owner's or Facility Person to Contact Contact Fishers Island Electric Company Mr. James Hancock 516/788-7543 It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the Plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to the PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility, or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification sbgl: be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later. than two (2) normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two (2) day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. 07/91 GP 70-5 1 1 1 1 1 t 1 1 Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within three (3) feet (90 cm) of such outside limits at such points as may be required to insure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due to or which may become due the Contractor, or his/her Surety. 70-16 FURNISHING RIGHTS-OF-WAY. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the Contract provisions or in exercising any power or authority granted to him by this Contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any official of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or estopped from recovering from the Contractor or his/her Surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the Contract. A waiver on the part of the Owner of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, State, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Air Pollution A. Open Burning of Combustible Waste. 07/91 No tires, oils, asphalt, paint or coated materials are permitted in the combustible waste piles. 2. Burning will not be permitted within one thousand (1,000) feet of a residential or built up area, nor within one hundred (100) feet of any standing timber or flammable growth. 3. Burning shall not be permitted unless the prevailing winds are away from a nearby town or built-up area. GP 70-6 B. C. ED 07/91 1 4. Burning shall not be permitted during a local air inversion or other climatic condition, as would result in a pall of smoke over a nearby town or built-up area. S. Burning shall not be permitted when the danger of brush or forest fires is made known by State, local or Federal officials. 6. The size and number of foes shall be restricted to avoid the danger of brush or forest fires. Burning shall be done under surveillance of a watchman, who will have fire fighting equipment and tools readily available. "No burning shall be permitted until the Contractor has secured a permit from the County Department of Health." Alternatives to Open Burning. 1. Sound trees, stumps and brush may be cut off within six (6) inches above the ground and allowed to remain in areas outside of areas to be paved providing the depth of embankment will exceed three an one-half (3 1/2) feet. Tap roots and other projections over one and one-half (1 1/2) inches in diameter shall be grubbed out to a depth of at least eighteen (18) inches below the finished subgrade or slope elevation. Spoil materials removed by clearing and grubbing may be' buried outside of airport construction graded areas, paved or to be paved areas, existing or future runway sites and taxiway safety or apron areas. 2. Wood may be salvaged for firewood or commercial use or it may be chipped and disposed i of for use as mulch. 3. Logs, brush, etc. may be removed to an authorized disposal area or disposed of to the general public without charge. Excessive Dust Causes. 1. Common construction operations which may cause excessive dust include: a. Quarry, drilling and rock crushing. b. Clearing, grubbing and stripping. C. Excavation and placement of embankment. d. Cement and aggregate handling. e. Cement or lime stabilization. L Blasting. g. Use of haul roads. h. Sandblasting or grinding. 2. Other construction items which may cause air pollution are: a. Volatiles escaping from asphalt and cut back materials. b. Use of herbicides or fertilizers. C. Smoke from asphalt plants or haater/planers. Control of Dust and Other Air Pollutants. 1. Control of Dust and Other Air Pollutants shall be the responsibility of the Contractor and may include the following control methods: GP 70-7 In the event of conflict between these requirements and pollution control laws, rules or regulations or other Federal, State or local agencies, the more restrictive laws, rules, or regulations shall apply. 70-20. ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its sur: oundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform Extra Work, such shall be covered by an appropriate Contract modification (Change Order or Supplemental Agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK 07/91 GP 70-8 a. Drilling apparatus equipped with water or chemical dust controlling systems. b. Exposing the minimum area of land. C. Applying temporary mulch with or without seeding. d. Use of water sprinkling trucks. e. Use of covered haul trucks. f. Use of stabilizing agents in solution. g. Use of dust palliative and penetration asphalt on temporary roads. h. Use of wood chips in traffic or work areas. i. Use of vacuum equipped sandblasting systems. j. Use of plastic sheet coverings. k. Restricting the application rate of herbicides to recommended dosage. Materials should be covered and protected from the elements. Application, equipment and empty containers shall not be rinsed and discharged as to pollute a stream, etc. or the groundwater. 1. Bituminous mixing plants shall be equipped with a dust collector, to waste or return uniformly to the hot elevator all or any part of the material collected, as stated in Specifications P201 and P401 and Advisory Circular 150/5370-1A. in. Delay of operations until climate or wind conditions dissipate or inhibit the potential pollutants in a manner satisfactory to the Engineer. E. Water Pollution. 1. The Contractor shall use suitable precautions to minimize water pollution during the progress of the work. Erosion control devices or methods may con ;ist of berms, dikes, dams, drains, sediment basins, fiber mats, woven plastic filter cloths, gravel, mulches, quick growing grasses, sod, bituminous spray or other control devices. The control devices shall be as shown on the Plans and/or specified. 2. The amount of surface area of erodible earth at any one time shall not exceed seven hundred fifty thousand (750,000) square feet unl„ss otherwise specified by the Engineer. 3. Pollutants such as fuels, lubricants, bitumens, raw sewage and other marful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or man- made channels -leading thereto. Wash water or waste from concrete mixing or curing operations should not be allowed to enter live streams, etc. In the event of conflict between these requirements and pollution control laws, rules or regulations or other Federal, State or local agencies, the more restrictive laws, rules, or regulations shall apply. 70-20. ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its sur: oundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform Extra Work, such shall be covered by an appropriate Contract modification (Change Order or Supplemental Agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK 07/91 GP 70-8 AND FORCE ACCOUNT WORK of Section 90. If appropriate, the Contract modification shall include an extension of Contract time in accordance with the Subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-21. NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS. A. Standard Clauses for all New York State Contracts (Appendix A) 1. Executory Clause. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. Non -Assignment Clause. In accordance with Section 138 of the State Finance Law, this Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. Comptroller's Approval. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $5,000 ($20,000 for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is. n amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money, it shall not be valid, effective or binding upon the State until it has been approved by the St:.te Comptroller and filed in his office. 4. Worker's Compensation Benefits. In accordance with Section 142 of the State Finance Law, this contract shall b-- void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. Non -Discrimination Requirements. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239, thereof, Contractor agrees that neither it nor its Subcontractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work: or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of ' $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a 07/91 GP 70-9 1 Isecond or subsequent violation. 6. Wage and hours Provisions. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statues, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its Subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. Non -Collusive Bidding Requirement. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive bidding certification on Contractor's behalf. 8. International Boycott Prohibition. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the Contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR 105.4). 9. Set -Off Rights. The State shall have all of its common law and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. 10. Record -Keeping Requirement. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract for a period of six (6) years following final payment or the termination of this contract, whichever is later, and any extensions thereto. The State Comptroller and Attorney General or any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to such books, records, documents, accounts and other evidential material during the contract term, extensions thereof and said six (6) year period thereafter for the purposes of inspection, auditing and copying. "Termination of this contract", as used in this clause 10, shall mean the later completion of the work of the contract or the end date of the term stated in the contract. 1 07/91 GP 70-10 r� 07/91 a. Agrees to procure and maintain insurance of the kinds and in the amounts hereinafter provided in Schedule I hereof. 11. Conflicting Terms. In the event of a conflict between the terms of the contract (including particularly Sections 220 and 220-4 thereof as amended, and as set forth in any and all attachments thereto and amendments thereof) and the terms of this Appendix Appendix A hereof. A, the terms of this Appendix A shall control. C. Agrees that during the performance of this contract, the Contractor will not , 12. Governing law. This contract shall be governed by the laws of the State of New York provisions set forth in Appendix A hereof. except where the federal supremacy clause requires otherwise. d. Agrees that he will cause all persons employed upon the work including his subcontractors, agents, officers and employees, to comply with all applicable laws 13. Late Payment. Timeliness of payment and any interest to be paid to Contractor for late e. Agrees not to assign, transfer, convey, sublet or otherwise dispose of this payment shall be governed by Article X1 -A of the State Finance Law to the extent agreement or any part thereof, or of its right, title or interest therein or its power required by law. 14. No Arbitration and Service of Process. Disputes involving this contract, including the Transportation. breach or alleged breach thereof; may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. B. Terms and Conditions (Addendum No. 1) 1. The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work, or furnishing of any materials, supplies, or equipment or professional consulting services of any kind in connection with the Project, clauses under which the Contractor: 07/91 a. Agrees to procure and maintain insurance of the kinds and in the amounts hereinafter provided in Schedule I hereof. b. Agrees that he will comply with the requirements of the State Labor Law and particularly Sections 220 and 220-4 thereof as amended, and as set forth in Appendix A hereof. C. Agrees that during the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin and will comply with the Non -Discrimination provisions set forth in Appendix A hereof. d. Agrees that he will cause all persons employed upon the work including his subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. e. Agrees not to assign, transfer, convey, sublet or otherwise dispose of this agreement or any part thereof, or of its right, title or interest therein or its power to execute such agreement to any person, company or corporation without the previous consent in writing of the Grantee and the Commissioner of Transportation. L Agrees that in accordance with its status as an independent contractor, it will conduct itself with such status that it will neither hold itself out as nor claim to be an officer or employee of the State by reason hereof, and that it will not by reason hereof, make any claim demand of application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit. GP 70-11 g. Agrees that this agreement may be cancelled or terminated by the Grantee if any work under this agreement is in conflict with the provisions of Section 74 of the Public Officers Law. h. Agrees that any patentable result arising out of this Agreement, as well as all information, designs, specification, know-how, data, and findings, shall be made available without cost to the State or its licenses for public use. 07/91 GP 70-12 1 i. Agrees that for construction work he will furnish a performance bond in an amount at least equal to 100 percent of this contract price as security for the faithful performance of his contract and also a labor and material bond in an amount equal to 100 percent of his contract price as security for the payment of all persons performing labor on the project under his contract and furnishing materials in connection with his contract. The performance bond and the labor and material bond may be in one or in separate instruments in accordance with law. j. Agrees that the Commissioner and the State Comptroller reserve the right to audit and inspect the work of the contractor and any and all records thereof through representatives of the State, as well as through officers and employees of the State, as they shall determine. k. Agrees that the State shall not be obligated or liable hereunder to any party other than the Grantee. 1. Agrees that if any provision of this Agreement is held invalid,- the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of the applicable law. In. Agrees that by execution of the Agreement the Contractor represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this agreement. n. Agrees that all project documents requiring formal approval by a Federal Agency will be submitted to the Commissioner for his prior approval and forwarding to the Federal Agency for its formal approval. 2. The Grantee agrees to give full opportunity for free, open and competitive bidding for each contract to be let by it calling for construction or the furnishing of any materials, supplies, or equipment to be paid for with Project funds in accordance with the requirements of Section 103 of the General Municipal Law, the State Finance Law and any other applicable State Laws, Regulations or any requirements or opinions of the State comptroller. 3. The Grantee that for be agrees contracts professional or consulting services may negotiated, but they must be in writing and must state the maximum compensation or reimbursement to be paid. Negotiations must be adequately documented to show consultants considered, proposals received, reasons for selecting the proposed consulta,.t, and the unit basis or other detailed explanation in support of the amount of compensation to be paid. 07/91 GP 70-12 1 C. 07/91 Clauses to be Included in Grantee Contracts (Schedule I, Insurance) The grantee agrees to incorporate or cause to be incorporated into any contract in connection with the Project, the following clauses: The Contractor agrees to procure and maintain insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the contract whether performed by it or Subcontractors. Before commencing the work, the Contractor shall furnish the Grantee a certificate or certificates in form satisfactory to the Grantee showing that it has complied with this Schedule, which certificate or certificates shall not be changed or cancelled until thirty days written notice has been given to the Grantee. The kinds and amounts of insurance required are as follows: 1. Policy or policies covering the obligations of the Contractor in accordance with the provisions of any applicable Workmen's Compensation or Disability Benefits Law, including for the State of New York, Chapter 41, Laws of 1914, as amended, known as the Workmen's Compensation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this agreement shall be void and no effect unless the Contractor procures such policy or policies and maintains the same in force during the term of his contract. 2. Protective Liability insurance issued to and covering the liability of the Grantee, Calocerinos & Spina Engineers, P.C., the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the contract including omissions and supervisory acts of the Grantee, Calocerinos & Spina Engineers, P.C., the State, the Commissioner and their employees or other representatives with the following limits: 3. 4. 5. Construction Bodily Injury Liability Property Damage Liability Each Each Each Person . Occurrence Occurrence Aggregate $1,000,000 $3,000,000 $1,000,000 $3,000,000 Consultant and Other Services Bodily Injury Liability Each Each Person Occurrence $100,000 $300,000 Property Damage Liability Each Occurrence Aggregate $100,000 $300,000 Liability insurance issued to and covering the liability of the Contractor with respect to all work performed by him under this Agreement. Liability insurance issued to and covering the liability of each oc the Contractor's Subcontractors with respect to all work performed by said Subcontractor under this Agreement. Protective liability insurance issued to and covering the liability of the Contractor with respect to all work under this Agreement performed for the contractor by Subcontractor. GP 70-13 i 11 i rJ i 11 1 t r 1 1 r 1 6. Protective liability insurance issued to and covering the liability of the Grantee, Calocerinos & Spina Engineers, P.C., and all employees or other representatives of each of them, both officially and personally, with respect to all operations under this agreement by the Contractor or by his Subcontractor, including omissions and supervisory acts of the Grantee, Calocerinos & Spina Engineers, P.C., and their employees. Note: If work is to be performed by forces of the Grantee, the Grantee will provide or cause to be provided the insurance coverage provided in Paragraph 2 above. 70-22 REQUIRED PROVISIONS FOR FEDERALLY ASSISTED AIRPORT CONSTRUCTION PROJECTS. A. Required Notices For Contracts Over $10,000 07/91 1. The following is to be made a part of all solicitations for bids on all federally -assisted construction contracts or subcontracts in excess of $10,000.00. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246, AS AMENDED) 2. The offeror's or bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity'Construction Contract Specifications" set forth herein. 3. The goals for minority and female participation, expressed in percentage terms FOR THE CONTRACTOR'S WORKFORCE on all construction work in a covered area, are as follows: Goals for Minority Participation Goals for Female Participation 5.8% 6.9% a. These goals are applicable to all the Contractor's CONSTRUCTION WORKFORCE (whether or not it is Federal or federally -assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. b. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and :emale employment and training must be substantially uniform throughout _he length of the contract, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project, for the sole purpose of meeting the Contractor goals shall be a violation of the contract, the executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. GP 70-14 t 4. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000.00 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the Subcontractor, employer identification number, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract, and the geographical area in which the contract is to be performed. 5. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Suffolk County, New York. B. Required Notice For Contractors/Subcontractors With 50 or More Employers and Contracts Over $50,000.00 All Contractors and Subcontractors performing on federally -assisted projects are required to file annually (on or before March 31) complete and accurate reports on SF 100 (Employee Information Report, EEO -1) to the Joint Reporting Committee. The first report is due within 30 days after award unless such report was filed within the preceding 12 -month period. Standard Form 100 is normally furnished based on a mailing list, but can be obtained from the Joint Reporting Committee, Post Office Box 2236, Norfolk, Virginia 20501. Contractors/Subcontractors with Contracts over $10,000.00. As indicated in Paragraph 5 of the EEO Clause, monthly Employment Utilization Reports, CC 257 (previously SF 257) will be submitted to the OFCCP, Department of Labor, 3535 Market Street, Room 1310, Philadelphia, Pennsylvania 19104. C. Special Provisions Relating to AIP Assisted Construction Projects in Excess of $10,000 During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other compensation; and selection for training, including apprenticeship. The Contractor agrees to post, in conspicuous places available to employees and applicants for employment, notices (to be provided) setting forth the provisions of this nondiscrimination clause. 07/91 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice (to be provided) advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. GP 70-15 1 4. The Contractor will comply with all provisions of Executive Order 11246, as amended, of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Comptroller General of the United States, Department of Transportation, FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 07/91 GP 70-16 7. The Contractor will include the portion of the sentence immediately preceding Paragraph 1 and the provisions of Paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Contractors and Subcontractors may satisfy the requirements of Paragraph 2 of the 1 referenced EEO clause by complying with any of the following: Stating in the Invitations for Bids that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin, or Including appropriate insignia in display or other advertising as prescribed by the Department of Labor, or Using a single advertisement grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants ' will have equal consideration for employment without regard to race, color, religion, sex, or national origin, or Using the phrase "an equal opportunity employer" in a single advertisement in clearly distinguishable type. SEE POSTER NEXT PAGE 07/91 GP 70-16 NOTICES TO BE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE (POSTER NO. 1) EQUALEMPLOYMENT OPPORTUNITY ISTHELAWDISCRIMNATIONISPROffiBITED BY THE CIVII. RIGHTS ACT OF 1964 AND BY EXECUTIVE ORDER NO. 11246. TITLE VII OF THE CPAL RIGHTS ACT OF 1964 - ADMINISTERED BY: THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 75 or more employees by Labor Organizations with a hiring hall of 75 or more members by Employment Agencies and by Joint Labor -Management Committees for Apprenticeship or Training. After July 1, 1957, employers and labor organizations with 50 or more employees or members will be covered, after July 1, 1968, those with 25 or more will be covered. ANY PERSON WHO BELIEVES HE OR SHE HAS BEEN DISCRINUNATED AGAINST SHOULD CONTACT (?OSTER NO. 2) THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1800 G STREET, NW, WASHINGTON DC 20506 EXECUTIVE ORDER NO. 11246 - ADMINISTERED BY: THE OFFICE OF FEDERAL CONTRACT COMPLIANCE Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. By all Federal Government Contractors and Subcontractors, and by Contractors Performing Work Under a Federally -Assisted Construction Contract, regardless of the number of employees in either case. ANY PERSON WHO BELIEVES HE OR SHE HAS BEEN DISCRIM[NATED AGAINST SHOULD CONTACT THE OFFICE OF FEDERAL CONTRACT COMPLIANCE U.S. DEPARTMENT OF LABOR, WASHINGTON, DC 20210 07/91 GP 70-17 I� 1 = 1- d. "Minority" includes: 1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, and the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal ' affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan t approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 07/91 GP 70-18 D. Standard Federal Equal Employment Opportunity Construction CONTRACT SPECIFICATIONS (Executive Order 11246, as Amended) The following specifications shall be made a part of all federally -assisted construction contracts or subcontracts over $10,000.00 AND included in all invitations for bids: 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted: b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department ' Form 941; d. "Minority" includes: 1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, and the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal ' affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan t approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 07/91 GP 70-18 07/91 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing construction work in a geographical area where they do not have a Federal or federally -assisted construction contract shall apply the minority and female goals established for the geographical area , where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any OFCCP office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. i 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain in a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment ' opportunities available, and maintain a record of the organizations responses. C. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment sources, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the GP 70-19 1 IContractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded ' the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 11 h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. L Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organization serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to r„cruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 07/91 GP 70-20 11 07/91 1. Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. M. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and ' the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided ' to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P_ Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the , group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor 's minority and female workforce participation, makes good faith effort to meet its individual goals and timetables, and can provide access to documentation which -demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the contractor may be in violation of the executive order if a particular group is employed in a substantially disparate number (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the executive order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcorh act with any person or firm debarred from Government contracts pursuant to Executive Order 11246, as amended. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and in its implementing regulations, by the OFCCP. Any GP 70-21 1 contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifications so as to achieve maximum results form its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the executive order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the , pplication of requirements for the hiring of local or other ared residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). E. Title VI of the Civil Rights Act 1964 Nondiscrimination in Federally Programs The of -Assisted of Department of Transportation During the performance of this contract, the Contractor, for itself, its assigns and successors in interest (hereinafter referred to as the Contractor) agrees as follows: ' 1. Compliance With Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter, DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereafter, Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of Subcontractors, including procurements of materials and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by, Section 21.5 of the Regulations including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcrn.racts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 07/91 GP 70-22 F. 07/91 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor of the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the sponsor or the FAA as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of Paragraphs 1 and 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as o means of enforcing such provisions including sanctions for noncompliance. Provided, however, that, in the event a Contractor becoines involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Contractor may , request the United States to enter into such litigation to protect the interests of the United States. 7. Breach of Contract Terns - Sanctions. Any violation or breach of the terms of this contract on the part of the Contractor/Subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. Standard Requirements for Airport Improvement Program Contracts The following is required to be included in all federally -assisted construction contracts. 1. AIP Project. The work in this contract is included in AIP Project No. 3-36-0029404-91 which is being undertaken and accomplished by Town of Southold in accordance with the terms and conditions of a grant agreement between the Town of Southold, hereinafter referred to as the Sponsor, and the United States, under the Airport and Airway Improvement Act of 1982 (AAIA) (PJ,. 97-248, 49 U.S.C. 2201 et seq) and Part 152 of the Federal Aviation Regulations (FAR) (14 CFR Part 152), or its successor regulation, pu-s.,,nt to which the United States has agreed to pay a certain percentage of that Act. Tae United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof; or the United States, by the contract, makes the United States a party to this contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the sponsor to any proposed assignment of any interest in or part of this contract. GP 70-23 ' 3. Veteran's Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Viet Nam era and disabled veterans. However, this preference may be given only where the individuals are available and qualified to perform the work to which the employment relates. 4. FAA Inspection and Review. The Contractor shall allow any authorized representative of -the FAA to inspect and review any work or materials used in the performance of this contract. ' 3. That as a condition for award of a contract they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. To include or cause to be included in any contract or subcontract which exceeds $100,000.00 the aforementioned criteria and requirements. ' H. Bonding/Insurance. ' The following clauses are to be included in all federally -assisted construction contracts for bids 07/91 GP 70-24 5. Inspection Records. The Contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contact for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. 1 6. Rights to Inventions - Materials. All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the recipient of the Feddral grant under which this contract is executed. ' 7. Disadvantaged Business Enterprises. It is the policy of the Department of Transportation that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of this contract. The Contractor agrees to ensure that disadvantaged business enterprises have the maximum opportunity to participate in the performance of subcontracts. In this regard the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subcontracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and of this contract. performance G. Clean Air and Water Pollution Control Requirements. Contractors and Subcontractors agree for any Contract or Subcontract exceeding $100,000.00: 1. That any facility to be used in the performance of the Contract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. 2. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. ' 3. That as a condition for award of a contract they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. To include or cause to be included in any contract or subcontract which exceeds $100,000.00 the aforementioned criteria and requirements. ' H. Bonding/Insurance. ' The following clauses are to be included in all federally -assisted construction contracts for bids 07/91 GP 70-24 I. I 07/91 and/or contracts in excess of $100,000.00. 1. The Contractor agrees to furnish a performance bond for 100 percent of the contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all Contractor's obligations under such contract. 2. The Contractor agrees to furnish a payment bond for 100 percent of the contract price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and materials in the execution of the work provided for in the contract. Disadvantaged Business Enterprise Requirements. Disadvantaged Business Enterprise Requirements (DBE) are applicable to each general aviation airport sponsor receiving grant funds in excess of $250,000; each non -hub airport sponsor (including commuters) receiving grant funds in excess of $400,000; each large, medium, small hub airport sponsor receiving a grant in excess of $500,000. Since the contract to be awarded under this advertised bid falls into the above category, the bid is subject to the following DBE requirements: 1. The successful bidder shall make a good faith effort to use DBE Subcontractors and to , replace a DBE Subcontractor that is unable to perform successfully with another DBE Subcon, ractor. There shall be no substitution of any Subcontractors without the prior approval of the Sponsor in order to ensure that the substitute firm is an eligible DBE. 2. The bid3er shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract 11 percent of , the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically I disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. The apparent successful competitor will be required to submit information concerning the DBE's that will participate in this contract. I The information will include the name and address of each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide , documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. 3. The successful bidder shall establish and maintain records and submit reports, as required, which will identify and assess the efforts made to achieve DBE subcontract goals and other DBE affirmative action efforts. ' 4. A copy of 49 CFR Part 23 is provided at the end of this section. FOREIGN TRADE RESTRICTIONS I Clause to be Included in all Solicitations, Contracts, and Subcontracts Resulting From Projects Funded Under the AIP I 1. The Contractor or Subcontractor, by submission of an offer and/or execution of a contract, certifies that it: GP 70-25 J u a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms 1 published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is ' owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Contractor or Subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective Subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the sponsor if the Contractor learns that its certification or that of a Subcontractor was erroneous when submitted or ' has become erroneous by reason of changed circumstances. The Subcontractor agrees to provide immediate written notice to the Contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. The certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or Subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. ' Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the Untied States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 2. Secretary of Labor Requirements a. Minimum Wages. 1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act, the full amount of wages and bona 07/91 GP 70-26 07/91 1 fide fringe benefits (or cash equivalents thereof) due at time of payment ' computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may determination and which is to be employed under the contract be alleged to exist between the Contractor and such laborers and , mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on The contracting officer shall approve an additional classification behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for following criteria have been met: more than a weekly period (but not less often than quarterly) under i) plans, funds, or programs which cover the particular weekly period are deemed to be constructively made or incurred during such weekly period. work to be performed by the classification requested is not Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in The classification is utilized in the area by the construction Subparagraph 5.5(x)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, The proposed wage rate, including any bona fide fringe benefits, that the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under ' Paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH - iv) 1321) shall be posted at all times by the Contractor and it Subcontractors at the site of the work in a prominent and accessible place where it can ' be easily seen by the workers. ' b) a) The contracting officer shall require that any class of laborers or ' mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: , i) Except with respect to helpers as defined in 29 CFR 52(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and ii) The classification is utilized in the area by the construction industry; and iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and ' iv) With respect to helpers as defined in 29 CFR 5?,(..)(4), such a classification prevails in the area in which the t.'urk is performed. b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the GP 70-27 1 ' contracting officer to the Administrator of the Wage and Hour Division, Employment StandardsAdministration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized ' representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. id) The wage rate (including fringe benefits where appropriate) determined pursuant to Subparagraphs 1)b) or c) of this ' Paragraph shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 2) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or ' an hourly cash equivalent thereof. 3) If the Contractor does not make payments to a trustee or other third ' person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, ' that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. b. Withholding. The Federal Aviation Administration shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon rrc;,.ailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers employed by the contractor or any . subcontractor for the full amount of wages required by the contracts. In the event of failure tc pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work all or part of the wages required by the contract, the Federal Aviation Administration may, after written 07/91 GP 70-28 G 07/91 notice to the contractor, sponsor, applicant, or owner, take such action as may be ' necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Payrolls and Basic Records. ' 1) Payrolls and basic records relating thereto shall be maintained by the contractor, during the course of the work and preserved for a period of ' three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, ' hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under ' a plan or program described in Section 1(b)(2)(CB) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost i icurred in providing such benefits. Contractors employing apprentices nr trainees , under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios , and wage rates prescribed in the applicable programs. 2) a) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Sponsor. The payrolls submitted shall be set out accurately and completely all of the information required to be maintained under Subparagraph 5.5(a)(3)(i) of Regulations, 29 -CFR Part 5. This ' information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock No. 029- , 005-00014-1, U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. b) The payrolls submitted shall be accompanied by a "Statement of Compliance" signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: i) That the payroll for the payroll period contains the information required to be maintained under Subparagraph 5.5(2)(3)(1) of Regulations, 29 CFR Part 5 and that such information is correct and complete; ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during GP 70-29 1 L� 1 r, 1 1 1 07/91 1 d. the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or case equivalents for the classification of work performed, as specified in the applicable wage determination. c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by Paragraph (a)(3)(ii)(B) of this section. d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of the United States Code. 3) The contractor or subcontractor shall make the records required under Paragraph (a)(3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Department of Transportation, Federal Aviation Adn Ministration, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal Aviation Administration may, after written notice to the contractor, sponsor, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Apprentices, Trainees and Helpers. 1) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In GP 70-30 07/91 addition, any apprentice performing work on the job site in excess of the ' ratio permitted under the registered program shall be paid not less than ' the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios ' and wage rates (expressed in percentages of the journeyman's hourly , rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the ' rate specified in the registered program for the apprentice's level of ' progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the ' provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed ont he wage determination for applicable classification. If the Administrator determines that a different practice ' prevails for the applicable apprentice classification, fringes shall be paid ' in accordance with that determination. ' In the event the Bureau of Apprenticeship and Training or a State , Apprenticeship Agency recognized by the Bureau, withdraws approval, the contractor will no longer be permitted to utilize apprentices at less than the applica ale predetermined rate for the work performed until an acceptable program is approved. 0 2) .Trainees, excep� as provided in 29 CFR 5.16, will not be permitted to work at less than the predetermined rate for the work performed unless ' they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall , not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the ' trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the ' trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated ' with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and ' participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable ' GP 70-31 - 1 l� 7- L_ L 1 07/91 1 predetermined rate for the work performed until an acceptable program is approved. 3) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 4) Helpers. Helpers will be permitted to work on a project if the helper classification is specified on an applicable wage determination or is approved pursuant to the conformance procedure set forth in Subparagraph 5.5(a)(1)(ii). The allowable ratio of helpers to journeymen employed by the contractor or subcontractor on the job site shall not be greater than two helpers for every three journeymen (in other words, not more than 40 percent of the total number of journeymen and helpers in each contractor's or in each subcontractor's own work force employed on the job site). Any worker listed on a payroll at a helper wage rate, who is not a helper as defined in 29 CFR 5.2(n)(4), shall be paid not less than the applicable wage rate on the wage determination for classification of work actually performed. In addition, any helper performing work on the job site in excess of the ratio permitted shall be paid not less than the applicable journeyman's (or laborer's, where appropriate) wage rate on the wage determination for the work actually performed. e. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this cuntract. f. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. h. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and related acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5,6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. j. . Certification of Eligibility. GP 70-32 07/91 1) By entering into this contract, the contractor certifies that neither it (nor ' he or she) nor any person or firm who has an interest in the contractor's ' contractor or subcontractor under any such contract or any other Federal firm is a person or firm ineligible to be awarded Government contracts contract with the same prime contractor, or any other federally -assisted by virtue of Section 3(a) of the Davis -Bacon Act of 29 CFR 5.12(A)(1). ' 2) No part of this contract shall be subcontracted to any person or firm determined to be necessary to satisfy any liabilities of such contractor or ineligible for award of a Government contract by virtue of Section 3(a) the clause set forth in Subparagraph 2) of this paragraph. of the Davis -Bacon Act or 29 CFR 5.12(x)(1). ' 3) The penalty for making false statements is prescribed in the U.S. paragraph and also a clause requiring the subcontractors to include these Criminal Code, 18 U.S.C. 1001. ' 3. a. Contract Work Hours and Safety Standards Act. 1) Overtime Requirements. No contractor or subcontractor contracting for ' any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on , such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. ' 2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Subparagraph 1) of this clause, the ' contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract , for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including ' watchmen and guards, employed in violation of the clause set forth in Subparagraph 1) of this paragraph, in the sum of $10 for each calendar day for which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the ' overtime wages required by the clause set forth in Subparagraph 1) of this clause. 3) Withholding for unpaid wages and liquidated damages. The Sponsor i shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the ' contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, ' which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Subparagraph 2) of this paragraph. , 4) Subcontracts. The contractor or subcontractor shall insert in any • subcontracts the clauses set forth in Subparagraph 1) through 4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be ' GP 70-33 7— L 1 U 1 1 1 11 L responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Subparagraphs 1) through 4) of this paragraph. b. Contracts Subject Only to Contract Work Hours and Safety Standards Act. 1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. 2) The records to be maintained under Paragraph 1) above shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Transportation, Federal Aviation Administration and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 70-23. GENERAL MUNICIPAL LAW AND STATE FINANCE LAW. Operator agrees to comply with the provisions of General Municipal Law Sections 103a and 103b and State Finance Law, Section 139b as enacted by Chapter 605 of the Laws of 1959, effective July 1, 1959, viz: A. General Municipal Law, Section 103a. "Ground for cancellation of Contract by Municipal Corporation. A clause shall be inserted in all Specifications or Contracts hereafter made or awarded by a Municipal Corporation or any public department, agency or official thereof, for work or services performed or to be performed, or goods sold or to be sold, to provide that upon the refusal of a person when called before a grand jury to testify concerning any transaction or Contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the State or of any political subdivision thereof or of a public authority to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transactions or Contract. 1. Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be qualified from thereafter selling to or submitting bids to or receiving awards from or entering into Contracts with any municipal corporation or any public department, agency or official thereof, for goods, work or services, for a period of five (5) years after such refusal, and to provide also that 2. Any or all Contracts made with any municipal corporation or any public department, agency or official thereof, since the effective date of this law by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies n%Lig by the municipal corporation for goods delivered or work done prior to the ;.:ncellation or termination shall be paid." B. General Municipal Law, Section 103b. "Disqualification to Contract with municipal corporation. Any person who, when called before a grand jury to testify concerning any transaction or Contract had with the State, any political subdivision thereof, a public authority, or with a public department, agency or official of the State or of any public subdivision thereof or of a public authority, refuses 07/91 GP 70-34 to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant , question concerning such transaction or Contract, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any Contracts with any municipal ' corporation or with any public department, agency or official thereof, for goods, work or services, for a period of five (5) years after such refusal." C. State Finance Law, Section 139-b. "Disqualification to Contract with State. Any person who when ' called before a grand jury to testify concerning any transaction or Contract had with the State, any political subdivision thereof, a public authority or with a public department, agency or official of the State or any political subdivision thereof, or a public authority, refuse to sign a waiver of ' immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transaction or Contract and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling or submitting bids to or receiving awards from or entering into any Contracts with the State or any public department, ' agency or official thereof, for goods, work or services, for a period of five (5) years after such refusal." ' "Provisions of Section 103a and 103b of the General Municipal Law and Section 139b of the State* Finance Law as enacted by Chapter 605 of the Laws of 1959 as hereinafter set forth are hereby made a part of these Specifications and any Contract entered into pursuant thereto. It is expressly ' understood and agreed that any bidder who has violated the provisions of the aforesaid Laws is by refusal to testify or sign a waiver of immunity or otherwise is disqualified for bidding on these Specifications within the time limited by such sections or by either thereof. It is further understood and agreed that upon the Contractor's failure to testify before a grand jury or otherwise sign a waiver of immunity or answer relevant questions or otherwise as therein provided he shall be subject to the disqualifications, cancellations, terminations or other penalties or provisions therein provided in said sections above referred to and hereafter set forth in full and each and every , provision of such sections is and are hereby specifically referred to and made part of this Contract." 70-24. NEW YORK STATE PARTICIPATION. This Contract is subject to the approval of the I New York State Commissioner of Transportation and the New York State Comptroller. END OF SECTION ' 07/91 GP 70-35 , 1 Part 23 49 CFR Subtitle A (10-1-89 Edition) I Office of the Secretary of Transp. (2) Notification of beneficiaries. The air- port operator shall: (i) Make a copy of this part available at his office for inspection during normal working hours by any person asking for it, and Qi) conspicuously display a sign, or signs, furnished by the FAA, in the main public area or areas of the airport, stating that discrimination based on race, color, or national origin is prohibited on the airport. (3) Reports. Each airport owner subject to this part shall, within 15 days after he re- ceives it, forward to the Area Manager of the FAA Area in which the airport is locat- ed a copy of each written complaint charg- ing discrimination because of race, color, or national origin by any person subject to this part, together with a statement describing all actions taken to resolve the matter, and the results thereof. Each airport operator shall submit to the area manager of the FAA area in which the airport is located a report for the preceding year on the date and in a form prescribed by the Federal Aviation Administrator. 135 FR 10080, June 18, 1970, as amended by Amdt. 21-1, 38 FR 5875, Mar. 5, 1973; Amdt. 21-3, 40 FR 14318, Mar. 31, 19751 PART 23 -PARTICIPATION BY MI- NORITY BUSINESS ENTERPRISE IN DEPARTMENT OF TRANSPORTA- TION PROGRAMS Subpart A -General Sec. 23.1 Purpose. 23.3 Applicability. 23.5 Definitions. 23.7 Discrimination prohibited. Subpart 11 -[Reserved] Subpart C -Department of Transportation Financial Assistance Programs 23.41 General. 23.43 General requirements for recipients. 23.45 Required MBE program components. 23.47 Counting MBE participation toward meeting MBE goals. 23.49 Maintenance of records and reports. 23.51 Certification of the eligibility of mi- nority business enterprises. 23.53 Eligibility standards. 23.55 Appeals of denials of certification as an MBE. Sec. Subpart D -Implementation of Section 105(f) of the Surface Transportation Assistance Ad of 1981 23.61 Purpose. 23.62 Definitions. 23.63 Applicability. 23.64 Submission of overall goals. 23.65 Content of justification. 23.66 Approval and disapproval of overall goals. 23.67 Special provision for transit vehicle manufacturers. 23.68 Compliance. 23.69 Challenge procedure. APPE"xx A--SECTION-BY-SECTION ANALYSIS AppzxDIx B-DETERMIPATIONS OF BusiNESs SIZE APpENDLx C -GUIDANCE FOR MAKING DETER- MINATIONs OF SOCIAL AMD ECOIroMIc DIS- ADVANTAGE APPENDIx D--JusTIPICATION FOR REQuEsTs FOR APPRovAL or OVERALL GOALS OF LESS TITAN TEM PERCENT Subpart E -Compliance and Enforcement , 23.73 Complaints. 23.75 Compliance reviews of recipients. 23.81 Conciliation procedures for financial assistance programs. 23.83 Enforcement proceedings for finan- cial assistance programs. 23.85 Emergency enforcement procedure. 23.87 Suspension and debarment; referral to the Department of Justice. SCHEDULE A -INFORMATION FOR DETERMINING MINORITY BusINESs ENTERPRISE ELIGI- BILITY SCHEDULE B -INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY AUTHORITY: Sec. 905 of the Regulatory Revitalization and Regulatory Reform Act of 1978 (45 U.S.C. 803); sec. 30 of the Air. port and Airway Development Act of 1970, as amended; sec. 520 of the Airport and Airway Improvement Act of 1982. as amend' ed by the Airport and Airway Safety and Capacity Expansion Act of 1987: sec. 19 of the Urban Mass Transportation Act of 1964. as amended (49 U.S.C. 1615): sec. 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (pub. I- 100-17); sec 105(f) of the Airport and Airway Safety anti Capacity Expansion Act of 1987 (Pu',. L. 100-223): Title 23 of the U.S. Code (relating to highways and traffic safety, particularly sec. 324 thereof): VI of the Civil Rights Act of 1964 (42 U-S•C, 2000d et seq. ); Executive Order 12265. Exec. utive Order 12138. SOURCc 45 FR 21184, Mar. 31. 1980, unleo otherwise noted. 168 Subpart A -General 9 23.1 Purpose. (a) The purpose of this part i carry out the Department of Tr portation's policy of supporting fullest possible participation of fi owned and controlled by minor{ and women, (MBEs) in Departmen Transportation programs. This eludes assisting MBEs throughout life of contracts in which they pari pate. (b) This part implements in part tion 905 of the Railroad Revitalizat and Regulatory Reform Act of I- (45 U.S.C. 803); section 30 of the port and Airway Development Act 1970, as amended (49 U.S.C. 1730); s tion 19 of the Urban Mass Transpor tion Act of INA, as amended (Pub. 95-599); Title TTI of the Civil Rigl Act of 1964 (42 U.S.C. 2000d et se' the Federal Pr operty and Administ tive Services Act of 1949 (40 U.S.C. 4 et seq. ): and Title 23 of the U.S. Co (relating to highways and highw safety). This regulation supersedes DOT regulations issued previous under these authorities, insofar such regulations affect minority bu: ness enterprise matters in DOT fina tial assistance programs. 123.2 Applicability. This part applies to any DOT pr gram through which funds are ma,- available to members of the public ft accomplishing DOT's purposes. Co, tracts and subcontracts which are t be performed entirely outside th United States, its possessions, Puert Rico, and the North Mariana Island., are exempted from this part. 023.5 Definitions. "Affirmative action" means takin. specific steps to eliminate discriminn U011 and its effects, to ensure nondis criminatory results and practices it the future, and to involve minorit, business enterprises fully in contract. 4nd programs funded by the Depart went. APPlicanl" means one who submit_ ""l atirlication, request, or plan to bt _ftroved by a Departmental official 'a by a primary recipient as a condi- 'P n to eligibility for DOT financial as - 9 CFR Subtitle A (10-1-89 Edition), art D—Implementation of Section 1050) )f fhe Surface Transportation Asslsfanp: ct of 1982 Purpose. Definitions. Applicability. Submission Of Overall goals. Content of justification. Approval and disapproval of overall oafs. Special provision for transit vehicle aanufacturers. Compliance. Challenge procedure. vDIx A—SECTION-BY-SECTION ANALYSIS mix B—DETERMINATIONS OF BusiNESS [ZE 'DTX C—GUIDANCE FOR MAKING DETER. NATIONS OF SOCIAL AND ECONOMIC DIS- �ANTAGE :)Ix D—JosTIFICATION FOR REQUESTS A APPROVAL OF OVERALL GOALS of LESS AN TEN PERCENT bpart E—Compliance and Enforcement Complaints. Compliancereviews of recipients. Conciliation procedures for financial sistance programs. Enforcement proceedings for finan. 11 assistance programs. Emergency enforcement procedure. Suspension and debarment; referral the Department Of Justice. ULE A—INFORMATION FOR DETERMINING YORITY BUSINESS ENTERPRISE ELIGI- ITY 'LE B—INFORMATION FOR DETERMINING :NT VENTURE ELIGIBILITY iORITY: Sec. 905 of the Regulatory 'lization and Regulatory Reform Act '8 (45 U.S.C. 803); sec. 30 of the Air- :nd Airway Development Act of 1970, :ended; sec. 520 of the Airport and Y Improvement Act of 1982, as amend. the Airport and Airway Safety and ity Expansion Act of 1987; sec. 19 of rban Mass Transportation Act of 1964, ended (49 U.S.C. 1615); sec. 106(c) of urface Transportation and Uniform tion Assistance Act of 1987 (Pub. L - sec. 105(f) of the Airport and Safety and Capacity Expansion Act (Pub. L. 100-223), Title 23 of the -de (relating to highways and traffic Particularly sec. 324 thereof); Title he Civil Rights Act of 1964 (42 U.S.C. et seq. ); Executive Order 12265; Exec- )rder 12138. XE: 45 FR 21184, Mar. 31, 1980, unless . ise noted. Affice of the Secretary of Transportation sistance; and "application" means such an application, request, or plan. "Compliance" means the condition existingat and implemented the hen a recipient or contractor equire- require- ments of this part. "Contract" means a mutually bind ing legal relationship or any modifica- tion thereof obligating the seller to furnish supplies or services, including construction, and the buyer to part fay ora them. For purposes of this lease is a contract. "Contractor" means one who partici- pates, through a contract or eyed u this on - tract, in any program part, and includes lessees. "Department" or "DOT' means the Department of Transportation, includ- ing its operating elements. "DOT -assisted contract" means any contract or modification of a contract between a recipient and a contractor which is paid for in whole or in part with DOT financial assistance or any contract or modification of a contract between a recipient and a lessee. "DOT financial assistance" means financial ai• i provided by the Depart- ment or the United States Railroad Association so a recipient, but does not Include a direct contract. The finan- cial aid may be provided directly in the form of actual money, or indirect- ly in the form of guarantees author- ized by statute as financial assistance services of Federal personnel, title or other interest in real or personal prop- erty transferred for less than fair market value, or any other arrange- ment through which the recipient benefits financially, including licenses for the construction or operation of a Deep Water Port. "Departmental element" means the following parts of DOT: (a) The Office of the Secretary (OST% (b) The Federal Aviation Adminis- tration (FAA); (c) The United States Coast Guard (USCG); (d) The Federal Highway Adminis- tration (FHWA); (e) The Federal Railroad Adminis- tration (FRA); (f) The National Highway Traffic Safety Administration (NHTSA)-, § 23.5 Subpart A—General 0 53.1 Purpose. (a) The purpose of this part is to wry out the Department of Trans- portation's policy of supporting the fullest possible participation of firms owned and controlled by minorities and women. (MBEs) in Department o Transportation programs. This in iudes istingthroughout the life of contracts in MBwhich they partici- pate. (b) This part implements in Part sec- tion 905 of the Railroad Revitalization and Regulatory Reform Act of 1978 (45 U.S.C. 803); section 30 of the Air- port and Airway Development Act of 1970, as amended (49 U.S.C. 1730); sec- tion 19 of the Urban Mass Transporta- tion Act of 1964, as amended (Pub. U 95-599); Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.% the Federal Property and Administra- tive Services Act of 1949 (40 U.S.C. 471 et seq.); and Title 23 of the U.S. Code (relating to highways and highway safety). This regulation supersedes all DOT regulations issued previously under these authorities, insofar as such regulations affect minority busi- ness enterprise matters in DOT finan- cial assistance programs. 9 23.2 Applicability - This part applies to any DOT pro* gram through which funds are made available to members of the public for accomplishing DOT's purposes. Con- tracts and subcontracts which are to be performed entirely outside the United States, its possessions, Puerto Rico, and the North Mariana Islands, are exempted from this part- $ 23.5 Definitions. "Affirmative action" means taking specific steps to eliminate discrimina' tion and its effects, to ensure nondis- criminatory results and practices in the future, and to involve minority business enterprises fully in contracts and programs funded by the Depart- ment. "Applicant" means one who submits an application, request, or plan to be approved by a Departmental official or by a primary recipient as a condi- tion +o eligibility for DOT financial as - 169 i� § 23.7 (g) The Urban Mass Transportation Administration (UMTA); (h) The St. Lawrence Seaway Devel- opment Corporation (SLSDC); and (1) The Research and Special Pro- grams Administration (RSPA). "Joint venture" means an associa- tion of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. "Lessee" means a business or person that leases, or is negotiating to lease, property from a recipient or the De- partment on the recipient's or Depart- ment's facility for the purpose of oper- ating a transportation -related activity or for the provision of goods or serv- ices to the facility or to the public on the facility. "Minority" means a person who is a citizen or lawful permanent resident of the United States and who is: (a) Black (a person having origins in any of the black racial groups of Africa); (b) Hispanic (a person of Mexican. Puerto Rican, Cuban, Central or South American, or other Spanish cul- ture or origin, regardless of race); (c) Portuguese (a person of Portu- guese, Brazilian, or other Portuguese culture or origin, regardless of race); (d) Asian American (a person having origins in any of the original peoples of the Far East. Southeast Asia, the Indian subcontinent, or the Pacific Is- lands); or (e) American Indian and Alaskan Native (a person having origins in any of the original peoples of North Amer- ica.) (f) Members of other groups, or other Individuals, found to be eco- nomically and socially disadvantaged by the Small Business Administration under section 8(a) of the Small Busi- ness Act, as amended (15 U.S.C. 637(a)). "Minority business enterprise" or "MBE' mans a small business con- cern, as .refined pursunt to section 3 of the mall Business Act and imple- menting regulations, which is owned and controlled by one or more minori- ties or women. This definition applies only to financial assistance programs. 49 CFR Subtitle A (10-1-89 Edition) For the purposes of this part, owned and controlled means a business: (a) Which is at least 51 per centum owned by one or more minorities or women or, in the case of a publicly owned business, at least 51 per centum of the stock of which is owned by one or more minorities or women; and (b) Whose management and daily business operations are controlled by one or more such individuals. "MBE coordinator" means the offi- cial designated by the head of the De- partment element to have overall re- sponsibility for promotion of minority business enterprise in his/her Depart- mental element. "Noncompliance" means the condi- tion existing when a recipient or con- tractor has failed to implement the re- quirements of this part. "Primary recipient" is a recipient who receives DOT financial assistance and passes some or all of this assist- ance on to another recipient. "Program" means any undertaking by a recipient to use DOT financial as- sistance, and includes the entire activi- ty any part of which receives DOT fi- nancial assistance. "Recipient" means any entity, public or private, to whom DOT financial as- sistance is extended, directly or through another recipient for any pro- gram. "Secretary" means the Secretary of transportation or any person whom he/she has designated to act for him/ her. "Set-aside" means a technique which limits consideration of bids or propos- als to those submitted by MBEs. [45 FR 21184, Mar. 31, 1980, as amended at 46 PR 60459, Dec. 10, 19811 9 23.7 Discrimination prohibited. No person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and per- formance of any contract covered by this part, on the grounds of race, color, national origin, or sex. 170 Office of the Secretary of 5 Subpart 11—[Reserve Subpart C --Department of tation Financial Assist grams § 23.41 General (a) Responsibilities of and recipients. (1) All appli recipients shall follow the ments of 123.43. (2) Applicants and recipier following categories who will assisted contracts shall imps( MBE program containing the set forth in 123.45 (e) thv This program shall be subm approval to the DOT elem cerned with the application f, cial assistance or protect apprc (i) Applicants for funds in e $250,000, exclusive of transit purchases, under sections, 3, 17 and 18 of the Urban Mas portation Act of 1964, as amen( Federal -aid urban systems. (ii) Applicants for planning f excess of $100,000 under sectioi or 9A of the Urban Mass Trar tion Act of 1964, as amended. (iii) Applicants for Section 4 gram funds of the National B Traffic Safety Administration; (iv) Applicants for funds in e: $250,000 awarded by the Feder tion Administration to generi tion airports; (v) Applicants for funds in e: $400,000 awarded by the Feder; tion Administration to non -h ports; and (vi) Applicants for planning f excess of $75,000 awarded by t' eral Aviation Administration. (vii) Licensees or applicants 1 cense under the Deepwater P o1 1974 (33 U.S.C. 1501 et seq. ). (3) All applicants and recipi the following categories who DOT -assisted contracts shall went an MBE program contav the elements set forth in Q 23., Program shall be submitted proval to the DOT element coi with the application for assist project approval. (i) Applicants for Federal -al way program funds: FR Subtitle A (10-1-89 Edition) r purposes of this part, owned t rolled means a business: iich Is at least 51 per centum: )Y one or more minorities or )r, in the case of a publicly isiness, at least 51 per centuru ock of which is owned by one -minorities or women; and hose management and daily operations are controlled by :yore such individuals. coordinator" means the ofii- gnated by the head of the De. it element to have overall re- lity for promotion of minority enterprise in his/her Depart- lement. ,mpliance" means the condi. :Ing when a recipient or con - as failed to implement the re- ts of this part. ry recipient" is a recipient ives DOT financial assistance 3es some or all of this assist, to another recipient. .am" means any undertaking !pient to use DOT financial as. and includes the entire activi- art of which receives DOT fi- ssistance. Lent" means any entity, public e, to whom DOT financial as - is extended, directly or another recipient for any pro- Lrli" means the Secretary of ation or any person whom as designated to act for him/ ide" means a technique which :lsideration of bids or propos- )se submitted by MBEs. 184, Mar. 31, 1980, as amended at 59, Dec. 10, 19811 ;crimination prohibited. 'son shall be excluded from ion in, denied the benefits erwise discriminated against ion with the award and per - of any contract covered by on the grounds of race, .oval origin, or sex. Office of the Secretary of Transportation Subpart B—[Reserved] Subpart C—Department of Transpor- tation Financial Assistance Pro- grams § 23.41 General. (a) Responsibilities of applicants and recipients. (1) All applicants and recipients shall follow the require- ments of 123.43. (2) Applicants and recipients in the following categories who will let DOT - assisted contracts shall implement an MBE program containing the elements set forth in 123.45 (e) through (i). This program shall be submitted for approval to the DOT element con- cerned with the application for finan- cial assistance or project approval. (i) Applicants for funds in excess of $250,000, exclusive of transit vehicle purchases, under sections. 3, 5, 9, 9A. 17 and 18 of the Urban Mass Trans- portation Act of 1964, as amended. and Federal -aid urban systems. (ii) Applicants for planning funds in excess of $100,000 under section 6, 8, 9 or 9A of the Urban Mass Transporta- tion Act of 1964, as amended. (iii) Applicants for Section 402 pro- gram funds af the National Highway Traffic Safety Administration; (iv) Applicants for funds in excess of $250,000 awarded by the Federal Avia- tion Administration to general avia- tion airports; (v) Applicants for funds in excess of $400,000 awarded by the Federal Avia- tion Administration to non -hub air- ports; and (vi) Applicants for planning funds in excess of $75,000 awarded by the Fed- eral Aviation Administration. (vii) Licensees or applicants for a 11 - cense under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et see). (3) All applicants and recipients in the following categories who will let DOT -assisted contracts shall imple- ment an MBE program containing all the elements set forth in 123.45. The program shall be submitted for ap- proval to the DOT element concerned with the application for assistance or project approval. (i) Applicants for Federal -aid high- way program funds; § 23.41 (11) Applicants for funds in excess of $500,000, exclusive of transit vehicle purchases, under sections 3, 5, 9, 9A, 17 and 18 of the Urban Mass Trans- portation Act of 1964, as amended, and Federal -aid urban systems'. (iii) Applicants for planning funds in excess of $200,000 under section 6, 8, 9 and 9A of the Urban Mass Transporta- tion Act of 1964. as amended. (iv) Applicants for funds in excess of $500,000 awarded by the Federal Avia- tion Administration to large, medium and small hub airports; and (v) Applicants for financial assist- ance programs, including loan guaran- tees, by the Federal Railroad Adminis- tration and the U.S. Railway Associa- tion. (b) Approval requirement Applica- tions and funding agreements are signed and authorizations to proceed are approved only after the applicant's MBE program has been approved by the Departmental element. This re- quirement applies to applications, au- thorizations to proceed requested by Federal -aid highway program recipi- ents, and requests for draw downs from the U.S. Railway Association submitted 90 days or more following the effective date of this part. (c) Effect of agreement The MBE program prepared by the applicant and the commitment made by the ap- plicant to carry out the MBE program is incorporated into and becomes part of this agreement and subsequent fi- nancial assistance agreements. The agreement between the Department and the recipient shall contractually bind the recipient to the commitments made in the MBE program, as ap- proved by the Department. Failure to keep these commitments shall be deemed noncompliance with this part. Once submitted and approved, an MBE program is applicable to all DOT -assisted contracts solicited and let by the applicant after the approval date of the MBE program regardless of the approval date of the grant or project under which the contracts are let. (d) Other MBE programs. (1) Appli- cants meeting the criteria set forth in paragraphs (a)(2) and (3) of this sec- tion who have formulated MBE pro- grams under previous requirements of 171 § 23.43 { DOT or other agencies shall revise these programs to conform to the re- quirements of this part prior to the approval of their next application. (2) An MBE program approved by one Departmental element is accepta- ble to all Departmental elements. Ap- plicants having an approved MBE pro- gram are not required to resubmit the program or to produce a new program for future applications, as long as all requirements for approval continue to be met and implementation of the pro- gram is achieving compliance. The De- partmental element reassesses its ap- proval of the MBE program of con- tinuing recipients at least annually. 1 (e) Transit vehicle manufacturers. ' Transit vehicle manufacturers who wish to bid on UMTA-assisted transit t ` vehicle procurement contracts shall have a 1 TMTA-apprcved MBE pro- gram. Each UMTA recipient shall re- quire t'tes3 manufacturers to certify that they have such a program as a conditi-)n for bidding on UMTA-assist- ed contracts. (1) Exemptions. The head of the De- partmental element may, under appro- priate circumstances, and with the concurrence of the Secretary, grant deviations or exemptions from this subpart. A request for deviation or ex- emption from this subpart shall be in writing and shall include a showing as to how the particular situation is ex- ceptional and how the modified pro- gram complies substantially with this part. If the applicant asserts that State or local law prohibits it from in- cluding a particular provision in its program, the applicant shall provide copies of all legal citations supporting the claim. 145 FR 21184, Mar. 31, 1980, as amended at 48 FR, 33444, July 21, 19831 1123.43 General requirements for recipi- f encs. (a) Each recipient shall agree to abide by the statements in paragraphs (a) (1) and (2) of this section. These statements shall be included in the re- ciptent's DOT financial assistance agreement and in all subsequent agreements between the recipient and any subrecipient and in all subsequent DOT -assisted contracts between recipi- 49 CFR Subtitle A (10-1-89 Edition) ents or subrecipients and any contrac- tor. (1) "Policy. It is the policy of the Department of Transportation that minority business enterprises as de- fined in 49 CPR Part 23 shall have the maximum opportunity to participate in the performance of contracts fi- nanced in whole or in part with Feder- al funds under this agreement. Conse- quently the MBE requirements of 49 CFR Part 23 apply to this agreement." (2) "MBE Obligation. (i) The recipi- ent or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enter- prises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assist- ed contracts." (b) Each DOT. financial assistance agreement shall include the following: "If as a condition of assistance the re- cipient has submitted and the Depart- ment has approved a minority busi- ness enterprise affirmative action pro- gram which the recipient agrees to carry out, this program is incorporated into this financial assistance agree- ment by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notifica- tion to the recipient of its failure to carry out the approved program the Department shall impose such sanc- tions as noted In 49 CFR Part 23, Sub- part E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance." (c) The recipient shall advise each subrecipient, contractor, or subcon- tractor that failure to carry out the re- quirements set forth in paragraph (a) 172 A a Office of the Secretory of of this section shall co breach of contract and, aft, fication of the Department, in termination of the agr- contract by the recipient remedy as the recipient dei priate. (d) Recipients shall take a cerning lessees as follows: (1) Recipients shall not MBEs from participation in opportunities by entering i term, exclusive agreements MBEs for the operation transportation -related activ major activities for the pro goods and services to the fact the public on the facility. (2) Recipients required to si firmative action programs 123.41 (a)(2) or (a)(3) that h- ness opportunities for Jesse: submit to the Department for al with their programs overa for the participation as Ies_ firms owned and controlled by ties and firms owned and contrc women. These goals shall be specified period of time and s based on the factors list I23.45(8)(5). Recipients shall these goals at least annuall: whenever the goals expire. The shall analyze projected versus MBE participation during the covered by the review and any c; in factual circumstances affecti selection of goals. Following review, the recipient shall sub= overall goals to the Departme approval. Recipients that fail t+ their goals for MBE lessees shat onstrate to the Department in N that they made reasonable eff( meet the goals. (3) Except as provided in th tion, recipients are not required elude lessees in their affin action programs. Lessees then are not subject to the requirem: this part, except for the obiigar 123.7 to avoid discrimination a MBEs. 123.45 Required MBE program nents. (a) A policy statement, espres: commitment to use MBEs in ( pests of contracting to the ' mat :FR Subtitle A (10-1-89 Edition] subrecipients and any contrac. !'olicy. It is the policy of the.. tient of Transportation that - business enterprises as de. ' 49 CFR Part 23 shall have the a opportunity to participate )erformance of contracts fl. :i whole or in part with Feder. under this agreement. Corse. the MBE requirements of 49 rt 23 apply to this agreement.', !BE Obligation. (i) The recipi. is contractor agrees to ensure inortty business enterprises as in 49 CFR Part 23 have the ;m opportunity to participate )erformance of contracts and 'acts financed in whole or in h Federal funds provided is agreement. In this regard nts or contractors shall take ary and reasonable steps in :e with 49 CFR Part 23 to iat minority business enter- ve the maximum opportunity Ae for and perform contracts. .ts and their contractors shall iminate on the basis of race, Itional ,rigin, or sex in the id performance of DOT -assist. acts." ch DOT financial assistance It shall i zclude the following: ,ondition of assistance the re. 'Ls submitted and the Depart. approved a minority bust. Prise affirmative action pro - ^h the recipient agrees to this program is incorporated financial assistance agree. •eference. This program shall d as a legal obligation and carry out its terms shall be a violation of this financial agreement. Upon notifica- e recipient of its failure to the approved program the nt shall impose such sanc. )ted in 49 CFR Part 23, Sub- 'Zich sanctions may include z of the agreement or other fat may affect the ability lent to obtain future DOT Distance." •ecipient shall advise each :t, contractor, or subcon- t failure to carry out the re- set forth in paragraph (a) office of the Secretary of Transportation § 23.45 of this section shall constitute a breach of contract and, after the noti- fication of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appro- priate. (d) Recipients shall take action con- cerning lessees as follows: (1) Recipients shall not exclude MBEs from participation in business opportunities by entering into long- term, exclusive agreements with non - MBEs for the operation of major transportation -related activities or major activities for the provision of goods and services to the facility or to the public on the facility. (2) Recipients required to submit af- firmative action programs under g 23.41 (a)(2) or (a)(3) that have busi- ness opportunities for lessees shall submit to the Department for approv- al with their programs overall goals for the participation as lessees of firms owned and controlled by minori- ties and firms owned and controlled by women. These goals shall be for a specified period of time and shall be based on the factors listed in 4 23A5(gX5). Recipients shall review these goals at least annually, and whenever the goals expire. The review shall analyze projected versus actual MBE participation during the period covered by the review and any changes in factual circumstances affecting the selection of goals. Following each review, the recipient shall submit new overall goals to the Department for approval. Recipients that fail to meet their goals for MBE lessees shall dem- onstrate to the Department in writing that they made reasonable efforts to meet the goals. (3) Except as provided in this sec- tion, recipients are not required to in- clude lessees in their affirmative action programs. Lessees themselves are not subject to the requirements of this part, except for the obligation of 123.7 to avoid discrimination against MBEs. 1123.45 Required MBE program compo- nents. (a) A policy statement, expressing a commitment to use MBEs in all as- pects of contracting to the maximum extent feasible. (1) The applicant's pol- icymaking body (Board. Council, etc.) shall issue a policy statement, signed by the chairperson, which expresses its commitment to the program, out- lines the various levels of responsibil- ity and states the objectives of the program. The policy statement shall be circulated throughout the appli- cant's organization and to minority, female, and nonminority community and business organizations. (b) The designation of liaison offi- cer, as well as such support staff as may be necessary and proper to ad- minister the program, and a descrip- tion of the authority, responsibility, and duties of the liaison officer and support staff. (1) The Chief Executive Officer of the recipient shall designate an MBE liaison officer and adequate staff to administer the MBE program. The MBE liaison officer shall report directly to the Chief Executive Offi- cer. (2) The MBE liaison officer shall be responsible for developing, managing. and implementing the MBE program on a day-to-day basis; for carrying out technical assistance activities for MBEs; and for disseminating informa- tion on available business opportuni- ties so that MBEs are provided an eq- uitable opportunity to bid on the ap- plicant's contracts. (c) Procedures to ensure that MBEs have an equitable opportunity to com- pete for contracts and subcontracts. The recipient shall develop and use af- firmative action techniques to facW- tate MBE participation in contracting activities. These techniques include: (1) Arranging solicitations. time for the presentation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation MBEs. (2) Providing assistance to MBEs in overcoming barriers such as the inabil- ity to obtain bonding. financing, or technical assistance. (3) Carrying out information and communications programs on con- tracting procedures and specific con- tracting opportunities in a timely manner, with such programs being bi- lingual where appropriate. (d) Opportunities for the use o1 banks owned and controlled by mi - 173 § 23.45 norities or women. (1) The recipient shall thoroughly investigate the full extent of services offered by banks owned and controlled by minorities or women in its community and make the greatest feasible use of these banks. (2) Recipients shall also encourage prime contractors to use the services of banks owned and controlled by mi- norities or women. (e) WBE directory. (1) The recipient shall have available a directory or source list to facilitate identifying MBEs with capabilities relevant to general contracting requirements and to particular solicitations. The recipi- ent shall make the directory available to bidders and proposers in their ef- forts to meet the MBE requirements. It shall specify which firms the De- partment, recipient, or the Small Busi- ness Administration has determined to be eligible MBEs in accordance .with procedures set forth in this subpart. Recipients subject to the disadvan- taged business enterprise program re- quirements of Subpart D of this part shall compile and update their directo- ries annually. The directories shall in- clude the addresses of listed firms. (f) Procedures to ascertain the eligi- bility of MBEs and joint ventures in- volving MBEs. (1) To ensure that its MBE program benefits only firms owned and controlled by minorities or women, the recipient shall certify the eligibility of MBEs and joint ventures involving MBEs that are named by the competitors in accordance with this subpart. Recipients may, at their own discretion, accept certifications made by other DOT recipients. (2) Recipients shall require their prime contractors to make good faith efforts to replace an MBE subcontrac- tor that is unable to perform success- fully with another MBE. The recipient shall approve all substitutions of sub- contractors before bid opening and during contract performance, in order to ensure that the substitute firms are eligible MBEs. (3) Recipients covered by the disad- vantaged business program require- ments of Subpart D of this part shall, in determining whether a firm is an el- igible disadvantaged business enter- prise, take at least the following steps: 49 CFR Subtitle A (10-1-89 Edition) (i) Perform an on-site visit to the of- fices of the firm and to any job sites on which the firm is working at the time of the eligibility investigation; (ii) Obtain the resumes or work his- tories of the principal owners of the firm and personally interview these in- dividuals; (iii) Analyze the ownership of stock in the firm, if it is a corporation; (iv) Analyze the bonding and finan- cial capacity of the firm; (v) Determine the work history of the firm, including contracts it has re- ceived and work it has completed; (vi) Obtain or compile a list of equip- ment owned or available to the firm and the licenses of the firm and its key personnel to perform the work it seeks to do as part of the DBE pro- gram; and (vii) Obtain a statement from the firm of the type of work it prefers to perform as part of the DBE program. (g) Percentage goals for the dollar value of work to be awarded to MBEs. (1) Once the recipient has reviewed proposed contracting to identify those contracting activities which have the greatest potential for MBE participa- tion, the recipient shall set goals that are practical and related to the poten- tial availability of MBEs in desired areas of expertise. (2) The applicant/ recipient shall es- tablish two types of MBE goals: (I) Overall goals for its entire MBE program, for a specified period of time (e.g. one year), or for a specific project, (e.g. the construction of a fa- cility); and (ii) Contract goals on each specific prime contract with subcontracting possibilities, which the bidder or pro- poser must meet or exceed or demon- strate that it could not meet despite its best efforts. (3)(1) Recipients shall submit their overall goals and a description of the methodology used in establishing them with their MBE program. Wren the overall goals expire, new over ,_ goals shall be set and submitted to the Department for approval. Contract goals need not be submitted in the aP- plicant's MBE program, but the Pte' gram shall contain a description of the methodology to be used in establishing them. Contract goals may require 91)' 174 Office of the Secretary of Trar proval by the Department p contract solicitation. (ii) At the time the recipient its overall goals to the Departrr. approval, the recipient shall pu notice announcing these goals, .i Ing the public that the goals an scription of how they were s, are available for inspection normal business hours at the pr office of the recipient for 30 da lowing the date of the notice, a forming the public that the L merit and the recipient will comments on the goals for 45 from the date of the notice. notice shall include addresses to - comments may be sent, and sh, Published in general circulation i and available minority -focus r and trade association publication: shall state that the comments ar informational purposes only. (4) Recipients covered by the c vantaged business enterprise pro. requirements of Subpart D of this shall establish an werail goal and tract goal for firms owned and trolled by socially and economi, disadvantaged individuals. Other cipients shall establish separate c all and contract goals for firms oa and controlled by minorities and f owned and controlled by women. spectively. (5) The applicant shall consider following factors in setting ove goals: (i) Overall goals shall be based Projection of the number and type: contracts to be awarded by the ap cant and a projection of the num and types of MBEs likely to be av able to compete for contracts from recipient over the period during wh the goals will be in effect. (h) Overall goals shall also be ba: Cn past results of the applicant's/ dpient's efforts to contract w MBFs and the reasons for the high IM level of those results. nt sh re"ew he overall goals atpeast a.nr 4U7* The review process shall anals ejected versus actual MBE parti Eation during the previous year. T m'y revisions shall be ma gon the analysis and submitted Department for approval. Subtitle A (10-1-89 form an on-site visit to the the firm and to any job sites!. 1 the firm is working at the, he eligibility investigation; gain the resumes or work his. the principal owners of the ')ersonally interview these in. lyze the ownership of stock :, if it is a corporation: lyze the bonding and finan. ity of the firm-, etmine the work history of including contracts it has re- f work it has completed; ain or compile a list of equip. ed or available to the firm icenses of the firm and its inel to perform the work it o as Part of the DHE pro- -&in a statement from the type of work it prefers to )art of the DBE program. tape goals for the dollar -k to be awarded to MBEs. `ie recipient has reviewed mtracting to identify those activities which have the tential for MBE participa. cipient shall set goals that 1 and related to the poten. ility of MBEs in desired ertise. )plicant/recipient shall es- Ypes of MBE goals: goals for its entire MBE a specified period of time ar), or for a specific he construction of a fa. t goals on each specific .ct with subcontracting vhich the bidder or pro. eet or exceed or demon - could not meet despite ents shall submit their end a description of the used in establishing it MBE program. When als expire, new overall -t and submitted to the r approval. Contract e submitted in the ap. ,rogram, but the pro. _in a description of the be used in establishing goals may require ap- office of the Secretary of transportation proval by the Department prior to contract solicitation. (ii) At the time the recipient submits its overall goals to the Department for approval, the recipient shall publish a notice announcing these goals, inform- ing the public that the goals and a de- scription of how they were selected are available for inspection during normal business hours at the principal office of the recipient for 30 days fol- lowing the date of the notice, and in- forming the public that the Depart- ment and the recipient will accept comments on the goals for 45 days from the date of the notice. The notice shall include addresses to which comments may be sent, and shall be published in general circulation media and available minority -focus media and trade association publications, and shall state that the comments are for informational purposes only. (4) Recipients covered by the disad- vantaged business enterprise program requirements of Subpart D of this part shall establish an overall goal and con. tract goal for firms owned and con- trolled by socially and economically disadvantaged individuals. Other re- cipients shall establish separate over- all and contract goals for firms owned and controlled by minorities and firms owned and controlled by women, re- spectively. (5) The applicant shall consider the following factors in setting overall goals: (i) Overall goals shall be based on projection of the number and types of contracts to be awarded by the appli- cant and a projection of the number and types of MBEs likely to be avail- able to compete for contracts from the recipient over the period during which the goals will be in effect. (ii) Overall goals shall also be based on past results of the applicant's/re- cipient's efforts to contract with MBEs and the reasons for the high or low level of those results. (6) The applicant/recipient shall review the overall goals at least annu- ally. The review process shall analyze projected versus actual MBE partici- pation during the previous year. The necessary revisions shall be made based on the analysis and submitted to the Department for approval. § 23.45 (7) Goals shall be set for specific contracts based on the known avail- ability of qualified MBEs. (8) Recipients and contractors shall, at a minimum, seek MBEs in the same geographic area in which they seek contractors or subcontractors general- ly for a given solicitation. If the recipi- ent or contractor cannot meet the goals using MBEs from this geograph- ic area, the recipient or contractor, as part of its efforts to meet the goal, shall expand its search to a reasonable wider geographic area. (h) A means to ensure that competi- tors make good faith efforts to meet MBE contract goals. (1) For all con- tracts for which contract goals have been established, the recipient shall, in the solicitation, inform competitors that the apparent successful competi- tor will be required to submit MBE participation information to the recip- ient and that the award of the con- tract will be conditioned upon satisfac- tion of the requirements established by the recipient pursuant to this sub- section. W The apparent successful competi- tor's submission shall include the fol- lowing information: (A) The names and addresses of MBE firms that will participate in the contract; (B) A description of the work each named MBE firm will perform; (C) The dollar amount of participa- tion by each named MBE firm. (11) The recipient may select the time at which it requires MBE infor- mation to be submitted. Provided that the time of submission shall be before the recipient commits itself to the per- formance of the contract by the ap- parent successful competitor. (2) If the MBE participation submit- ted in response to paragraph (h)(1) of this section does not meet the MBE contract goals, the apparent successful competitor shall satisfy the recipient that the competitor has made good faith efforts to meet the goals. (i) The recipient may prescribe other requirements of equal or greater effec- tiveness in lieu of good faith efforts. Any recipient choosing alternative re- quirements shall inform the DOT office concerned by letter of the con- tent of the requirements it has pre - '.75 § 23.45, App. A scribed within 30 days of the effective date of this subsection. The recipient may put these alternative require- ments into effect immediately and prior DOT approval of alternative re- quirements is not necessary. (ii) If the Department determines that the alternative requirements are not as or more effective than the good faith efforts provisions of this subsec- tion, the Department may require the recipient to use the good faith efforts requirements of this subsection in- stead of the requirements it has pre- scribed. (3) Meeting MBE contract goals, making good faith efforts as provided in paragraph (h)(2) of this section. or meeting requirements established by recipients in lieu of good faith efforts, is a condition of receiving a DOT -as- sisted contract for which contract goals have been established. (i) [Reserved] U) A description of the methods by which the recipient will require subre- cipients, contractors, and subcontrac- tors to comply with applicable MBE requirements. (1) The recipient shall include in its MBE program a descrip- tion and the specific language of any preconditions to subgrants or con- tracts pertaining to the use of MBEs, including subcontracting programs, it awards with DOT funds in addition to those required by this section. It shall specify on what size and/or type of contracts and subgrants it includes such preconditions. The description shall contain a summary of the ways the recipient provides help to its su- brecipients, contractors, and subcon- tractors in drafting and implementing their programs for using MBEs. The description shall also include the means by which the recipient enforces the requirements placed on subreci- pients, contractors and subcontractors. (2) Any MBE subcontracting pro- grams required by the recipient in ad- dition to those required by this ser' (on shall be'submitted to the recir' ent by the apparent successful btuder/pro- poser. The bidders/proposers shall be advised in the solicitation that failure to submit the additional MBE subcon- tracting program shall make the bidder/proposer ineligible for award. 49 CFR Subtitle A (10-1-89 Edition) (k) Procedures by which the appli- cant/recipient will implement MBE set -asides. Where not prohibited by state or local law and determined by the recipient to be necessary to meet MBE goals, procedures to implement MBE set -asides shall be established. MBE set -asides shall be used only in cases where at least three MBEs with capabilities consistent with contract requirements exist so as to permit competition. ArPENDrx A To § 23.45—GUIDANCE CONCERNING GOOD FAITH E££om To determine whether a competitor that has failed to meet MBE contract goals may receive the contract, the recipient must decide whether the efforts the competitor made to obtain MBE participation wen "good faith efforts" to meet the goals. El - forts that are merely pro Jorma are no. good faith efforts to meet the goals. Efforts to obtain MBE participation are not goa faith efforts to meet the goals, even if they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of MBE partici- pation sufficient to i feet the goals. In order to award a contract to a competitor that has failed to meet MBE contract goals, the re- cipient must determine that the competi- tor's efforts were those that, given all rele- vant circumstances, a competitor actively and aggressively seeking to meet the goals would make. To assist recipients in making the re- quired judgment, the Department has pre- pared a list of the kinds of efforts that con- tractors may make in obtaining MBE par- ticipation. It Is not intended to be a manda- tory checklist; the Department does not re- quire recipients to insist that a contractor do any one, or any particular combination. of the things on the list. Nor is the list in- tended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. In determining wheth- er a contractor has made good faith efforts, it will usually be important for a recipient to look not only at the different kinds of ef- forts that the contractor has made, but also the quantity and intensity of these efforts. The Department offers the following list of kinds of efforts that recipients may con, sides (1) Whether the contractor attended any pre -solicitation or pre-bid meetings that were scheduled by the recipient to inform MBEs of contracting and subcontracting op- portunities; (2) Whether the contractor advertised in general circulation, trade association. and 176 Office of the Secretary of minority -focus media concerni contracting opportunities; (3) Whether the contractor p. ten notice to a reasonable numl is MBEs that their interest in was being solicited, in sufficic allow the MBEs to participate of (4) Whether the contractor : initial solicitations of interest b� MBEs to determine with certain the MBEs were interested; (5) Whether the contractor se tions of the work to be performe In order to increase the likelihoc Ing the MBE goals (including, wl priate, breaking down contracts, nomically feasible units to facil. participation); - (6) Whether the contractor pr terested MBEs with adequate in about the plans, specifications an meats of the contract; (7) Whether the contractor neg good faith with interested MBEs, r Ing MBEs as unqualified without s sons based on a thorough investi their capabilities; (8) Whether the contractor mac to assist interested MBEs in obtain: Ing, lines of credit, or insurance ret the recipient or contractor, and (9) Whether the contractor of used the services of available minor munity organizations; minority con groups; local, state and Federal r business assistance offices; and oth nizations that provide assistance in cruitment and placement of MBEs. (Title VI of the Civil Rights Act of 1 30 of the Airport and Airway Devei Act of 1970, as amended; sec. 905 Railroad Revitalization and Reg Reform Act of 1976; sec. 19 of the Mass Transportation Act of 1964, as ed; 23 U S.C. 324; E.O. 11625; E.O. 12: 145 FR 21184, Mar. 31, 1980, as ame: 46 FR 23461, Apr. 27, 1981, 52 FR Oct. 21, 19871 123.47 Counting MBE partic toward meeting MBE goals. MBE participation shall be cc toward meeting MBE goals set cordance with this subpart as f( (a) Once a firm is determined an eligible MBE in accordance t� contract awarded othe total dollar the M counted toward the applicable goals. (b) The total dollar value of ; East to an MBE owned and cont by both minority males and n( =.1.10ntY females is counted towar CFR Subfifle A (10-1-89 Editio: I Office of the Secretary of Transportation § 23.47 Procedures by which the apDli=' 'recipient will implement ides. Where not prohibited by or local law and determined ciplent to be necessary to rub� 'osis. procedures to implement <et -asides shall be established, 1. shereat 3-asides sleast three shall be MBES Witt, dities consistent with contract 'ements exist so as to pert Aition. ,PPKKDIx A To 123.45—Gu1,ANcg 'ONCK"INO GOOD FAIrrr ErpoaTS 'termine whether a competitor that :ed to meet MBE contract goals may the contract, the recipient must chether the efforts the competitor obtain MBE Participation were ith efforts,, to meet the goals. Ef. t are merely pro jonna are not A efforts to meet the goals. Efforts 1 MBE Participation are not good orts to meet the goals, even if they -arely motivated, if, given all relevant 'ances, they could not reasonably be 1 to Produce a level of MBE partici- ufficfent to meet the goals. In order a contract to a competitor that has meet MBE contract goals, the re. Must determine that the competi. Trts were those that, given all rele- 'umatances, a competitor actively 'esaively seeking to meet the goals :ke. :st recipients in making the re. Igment, the Department has pre. t of the kinds of efforts that con. ,ay make lir obtaining MBE par - It Is not intended to be a manda- :list; the Department does not re. pients to insist that a contractor .e, or any particular combination, ngs on the list. Nor is the list in. be exclusive or exhaustive. Other types of efforts may be relevant •iate cases. In determining wheth- ;ctor has made good faith efforts, y�Y be important for a recipient only at the different kinds of ef• the contractor has made, but also tY and intensity of these efforts. ':rtment offers the following list efforts that recipients may con. er the contractor attended any on or pre-bid meetings that :led by the recipient to inform ❑tracting and subcontracting op. ler the contractor advertised in 'ulation, trade association, and minority -focus media concerning the sub- ,ontracting opportunities; (3) Whether the contractor provided writ- fep notice to a reasonable number of specif- k MBEs that their Interest in the contract ,as being solicited, In sufficient time to mow the MBEs to participate effectively; (4) Whether the contractor followed up initial rest by contacting MBEs tosolicitations with irecertainty whether the MBEs were interested: (5) Whether the contractor selected por- tions of the work to be performed by MBEs in order to increase the likelihood of meetr ing the MBE goals (including, where appro- priate. breaking down contracts into eco- nomically feasible units to facilitate USE participation); (6) Whether the contractor provided In- terested MBEs with adequate information about the plans, specifications and require- ments of the contract; (7) Whether the contractor negotiated in good faith with Interested MBEs, not reject- ing MBEs as unqualified without sound rea- sons based on a thorough investigation of their capabilities; (8) Whether the contractor made efforts to assist interested MBEs in obtaining bond- ing, lines of credit. or insurance required by the recipient or contractor and (9) Whether the contractor effectively used the services of available minority com munity organizations; minority contractors' groups; local, state and Federal minorit; business assistance offices; and other orga- nizations that provide assistance In the re cruitment and placement of MBEs. (Title VI of the Civil Rights Act of 1964; sec. 30 of the Airport and Airway Development Act of 1970, as am -nded: sec. 905 of the Railroad Revitalization and Regulatory Reform Act of 1976; sec. 19 of the Urban Mass Transportation Act of 1964, as amend- ed: 23 U.S.C. 324; E.O. 11625; E.O. 12138) 145 FR 21184, Mar. 31, 1980, as amended at 46 FR 23461, Apr. 27, 1981; 52 FR 39230, Oct. 21, 19871 § 23.47 Counting MBE participation toward meeting MBE goals. MBE participation shall be counted toward meeting MBE goals set in ac- cordance with this subpart as follows: (a) Once a firm Is determined to be an eligible MBE in accordance with this subpart, the total dollar value of the contract awarded to the MBE is counted toward the applicable MBE goals. (b) The total dollar value of a con- tract to an MBE owned and controlled by both minority males and non -mi- nority females is counted toward the goals for minorities and women. re- spectively. in proportion to the per- centage of ownership and control of each group in the business. The total dollar value of a contract with an MBE owned and controlled by minori- ty women is counted toward either the minority goal or the goal for women, but not to both. The contractor or re- cipient employing the firm may choose the goal to which the contract value is applied. (c) A recipient or contractor may count toward its MBE goals a portion of the total dollar value of a contract with a joint venture eligible under the standards of this subpart equal to the percentage of the ownership and con- trols of the MBE partner in the joint venture. (d)(1) A recipient or contractor may count toward its MBE goals only ex- penditures to MBEs that perform a commercially useful function in the work of a contract. An MBE is consid- ered to perform a commercially useful function when it is responsible for exe- cution of a distinct element of the work of a contract and carrying out its responsibilities by actually perform- ing, managing, and supervising the work involved. To determine whether an MBE is performing a commercially useful function, the recipient or con- tractor shall evaluate the amount of work subcontracted, industry prac- tices, and other relevant factors. (2) Consistent with normal industry practices, an MBE may enter into sub- contracts. U an MBE contractor sub- contracts a significantly greater por- tion of the work of the contract than would be expected on the basis of normal industry practices, the MBE shall be presumed not to be perform- ing a commercially useful function. The MBE may present evidence to rebut this presumption to the recipi- ent. The recipient's decision on the re-- buttal e=buttal of this presumption is subject to review by the Department. (e)(1) A recipient or contractor may count toward its MBE, DBE or WBE goals 60 percent of its expenditures for materials and supplies required under a contract and obtained from an MBE, DBE or V.BE regular dealer, and 100 percent of such expenditures to an MBE, WBE, or DBE manufacturer. 177 § 23.49 (2) For purposes of this section, a manufacturer is a firm that operates or maintains a factory or establish- ment that produces on the premises the materials or supplies obtained by the recipient or contractor, (3) For purposes of this section, a regular dealer is a firm that owns, op- erates, or maintains a store, ware- house, or other establishment in which the materials or supplies re- quired for the performance of the con- tract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regu- lar dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, c-;ment, gravel, stone, and petroleum pr3ducts need not keep such products in stock, If, it owns or operates distribution equipment. Brokers and pac%alters shall not be regarded as manufactur- ers or regular dealers within the meaning of this section. (f) A recipient or contractor may count toward its MBE, DBE, or WBE goals the following expenditures to MBE, DBE, or WBE firms that are not manufacturers or regular dealers: (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential per- sonnel, facilities, equipment, materials or supplies required for performance of the contract, provided that the fee or commission is determined by the re- cipient to be reasonable and not exces- sive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required on a job site (but not the cost of the mate- rials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a regular dealer in the materials and supplies, provided that the fee is de- termined by the recipient to be reason- able and not excessive as compared with fees customarily allowed for simi- lar services, (3) The fees or commissions charged for providing any bonds or insurance specifically required for the perform - 49 CFR Subtitle A (10-1-89 Edition) ance of the contract, provided that the fee or commission is determined by the recipient to be reasonable and not excessive as compared with fees cus- tomarily allowed for similar services. [45 F'R, 21184, Mar. 31, 1980, as amended at 52 PR 39230, Oct. 21, 19871 § 23.49 Maintenance of records and re- ports. (a) In order to monitor the progress of its MBE program the applicant/re- cipient shall develop a recordkeeping system which will identify and assess MBE contract awards, prime contrac- tors' progress in achieving MBE sub- contract goals, and other MBE affirm- ative action efforts. (b) Specifically, the applicant/recipt- ent shall maintain records showing: (1) Procedures which have been adopted to comply with the require- ments of this part. (2) Awards to MBEs. These awards shall be measured against projected MBE awards and/or MBE goals. To assist in this effort, the applicant shall obtain regular reports from prime con- tractors on their progress in meeting contractual MBE obligations. (3) Specific efforts to identify and award contracts to MBEs. (c) Records shall be available upon the request of an authorized officer or employee of the government. (d)(1) The recipient shall submit re- ports conforming in frequency and format to existing contract reporting requirements of the applicable Depart- mental element. Where no such con- tract reporting requirements exist, MBE reports shall be submitted quar- terly. (2) These reports shall include as a minimum: (1) The number of contracts awarded to MBEs; (it) A description of the general cate- gories of contracts awarded to MBEs; (iii) The dollar value of contracts awarded to MBEs; (iv) The percentage of the dollar value of all contracts awarded during this period which were awarded to MBEs; and (v) An indication of whether and the extent of which the percentage met or 178 Office of the Secretary o exceeded the goal specifi; plication. (3) The records and rep.- by ep•by this section shall prow tion relating to firms own trolled by minorities sepa information relating to f and controlled by wom: records and reports inclu, tion 8(a) contractors that norities or women, inforn cerning these contractors s. recorded and reported sepa, § 23-51 Certification of the - minority business enterpris (a) To ensure that this pa only MBEs which are owne, trolled In both form and sus one or more minorities o DOT recipients shall use Sc and B (reproduced at the ei Part) to certify firms who wit ticipate as MBEs in DOT u Part. (b) Except as provided in p (c) of this section, each bus eluding the MBE partner it venture, wishing to particip MBE under this part in a D( ed contract shall complete an Schedue A. Each entity wi Participate as a joint ventL under this part in DOT-assis tracts shall in addition comg submit Schedule B. The scl shall be signed and notarize authorized representative of ness entity. A business seekin cation as an MBE shall submi quired schedules with its bid posal for transmission to the Ing agency involved. (c) Under the following stances. a business seeking tc Pate as an MBE under this need not submit schedule A or (1) If a DOT recipient ha fished a different certification that DOT has determined to more effective than the proc vided for by this section. Wher process exists, potential MBE tors shall submit the informs Quired by the recipient's procei (2) If the potential MBE co; states in writing that it has su the same information to or h certified by the DOT recip; 19 CFR Subtitle A (10-1-89 of the contract, provided that or commission is deterrtdned recipient to be reasonable and sive as compared with fees rily allowed for similar selyiceg . R 21184, Mar. 31, 1980, as amended u' 39230, Oct. 21, 19871 19 Maintenance of records and )orts In order to monitor the progress s MBE program the applicant/re. nt shall develop a recordkeeping 'In which will identify and assess contract awards, prime contras. Progress in achieving MBE sub. 'act goals, and other MBE affirtn. action efforts. Specifically, the applicant/recipi. all maintain records showing: Procedures which have been 'd to comply with the require. of this part. Awards to MBEs. These awards be measured against projected awards and/or MBE goals. To in this effort, the applicant shat 1 regular reports from Prime con. rs on their progress in meeting ctual MBE obligations. 3Pecific efforts to identify and contracts to MBEs. be on 'uest f au horizedavailable officer ee of the goi ernment. The recipient shall submit re- '011fOr1ning in frequency and to existing contract reporting ments of the applicable Depart - element. Where no such con- • eporting requirements exist, 'Ports shall be submitted quar- zese reports shall include as a rn: e number of contracts awarded s; 3escription of the general sate. contracts awarded to MBEs; ie dollar value of contracts �o MBEs; ie age of the dollar all contracts awarded during iod which were awarded to nd indication of whether and the which the percentage met or 0 ° of the Secretory of Transportation orpbthe goal specified In the ap- volved, any DOT element, or another exceededcation. Federal agency that uses essentially ,li(3) The records and reports required the same definition and ownership b� relaectiionting shall owned and on- tentialovide inf OrIna- and nMBE ol criteria contractor shall obtain )led by minorities separately from the information and certification (if n relating to firms owned any) from the other agency and wonmatio d women. If the submit it to the recipient or cause the gicontrolled by rds and reports include any sec- other agency to submit it. The recipi- (ion 8(a) contractors that are not mi- ent may rely upon such a certification. con- Where er collected ceninformation but rot made detemi-' ig these contractors shat also recorded and reported separately. natio ent shall makei its eligibility, 23.51 Certification of the eligibility of nation based on the information it has minority business enterprises. obtained from the other agency. (a) To ensure that this part benefits (3) If the potentia MBE contractor only MBEs which are owned and con- has been determined by the Small trolled in both form and substance by Business Administration to be owned one or more minorities or women. and controlled baiallyindiv eco - DOT recipients shall use Schedules A nomically disadvantaged uals and B (reproduced at the end of this under section 8(a) of the Small Busi- tcipate as MBEs inn DOT under t who wish to par- ness Act, as amended. a 123.53 Eligibility standards. P (b) Except as Provided in Paragraph (a) The following standards shall be (c) of this section. each business, in- used by recipients in determining cluding the MBE partner in a joint whether a firm is owned and con - venture. wishing to participate as a trolled by one or more minorities or MBE. under this part in a DOT -assist- women is and shall therefore be eligi- ed contract shall complete and submit ble to be certified as an MBE. Buai- Schedue A. Each entity wishing to nesses aggrieved by the determination participate as a joint venture MBE may appeal in accordance with proce- under this pant in DOT -assisted con- aures set forth in 123.55. tracts Shari in addition complete and (1) Bona fide minority group mem- submit Schedule B. The schedule(s) bership shall be established on the shall be signed and notarized by the basis of the Individual's claim that he authorized representative of the busi- or she is a member of a minority group ness entity. A business seeking certifi- and is so regarded by that particular cation as an MBE shall submit the re- minority community. however, the re- quired schedules with its bid or PrO-� cipient is not required to accept this posal for transmission to the contract, claim if it determines the claim to be Ing agency involved. invalid. (c) Under the following circum' va eligible minority business en - stances, abusiness seeking to Partici- terp� under this part shall be an in - pate as an MBE under this subpart need not submit schedule A or B: dependent business. The ownership (1) If a DOT recipient has estab- and control by minorities or women lisped a different certification process shall shall be real. substantial. and cof that DOT has determined to be as or Ing and shall go beyond the pro forma more effective than the process pro- ownership of the firm as reflected in vided for by this section. Where such a its ownership documents. The nlinori- process exists, potential MBE contras- ty or women owners shall enjoy the tors shall submit the information re- customary incidents of ownership and quired by the recipient's process. shall share in the risks and profits (2) If the potentia MBE contractor commensurate with their ownership states in writing that it has submitted interests, as demonstrated by a exami- certifiede by e rather than the DOT ecipienbarrangements. the n to or been form of fthe cRecognition of § 23.53 179 § 23.53 the business as a separate entity for tax or corporate purposes is not neces- sarily sufficient for recognition as an MBE. In determining whether a po- tential MBE is an independent busi- ness, DOT recipients shall consider all relevant factors, including the date the business was established, the ade- quacy of its resources for the work of the contract, and the degree to which financial, equipment leasing, and other relationships with nonminority firms vary from industr., Practice. (3) The minority or women owners shall also possess the power to direct or cause the direction of the manage- ment and policies of the firm and to make the day -today as well as major decisions on matters of management, policy, and operations. The firm shall not be subject to any formal or infor- mal restrictions which limit the cus- tomary discretion of the minority or women owners. There shall be no re- strictions through, for example, bylaw provisions, partnership agreements, or charter requirements for cumulative voting rights or otherwise that pre- vent the minority or women owners, without the cooperation or vote of any owner who is not a minority or woman, from malting a business deci- sion of the firm. (4) If the owners of the firm who are not minorities or women are dispro- portionately responsible for the oper- ation of the firm, then the firm is not controlled by minorities or women and shall not be considered an MBE within the meaning of this part. Where the actual management of the firm is con- tracted out to individuals other than the owner, those persons who have the ultimate power to hire and fire the managers can, for the purposes of this part, be considered as controlling the business. (5) All securities which constitute ownership and/or control of a corpora- tion for purposes of establishing it as an MBE under this part shall be held directly by minorities or women. No securities held in trust, or by any guardian for a minor, shall be consid- ered as held by minority or women in determining the ownership or control of a corporation. (6) The contributions of capital or expertise by the minority or women 49 CFR Subtitle A (10-1-89 Edition) owners to acquire their interests in the firm shall be real and substantial. Ex- amples of insufficient contributions in- clude a promise to contribute capital, a note payable to the firm or its owners who are not socially and eco- nomically disadvantaged, or the mere participation as an employee, rather than as a manager. (b) In addition to the above stand- ards, DOT recipients shall give special consideration to the following circum- stances in determining eligibility under this part. (1) Newly formed firms and firms whose ownership and/or control has changed since the date of the adver. tisement of the contract are closely scrutinized to determine the reasons for the timing of the formation of or change in the firm. (2) A previous and/or continuing em- ployer-employee relationship between or among present owners is carefully reviewed to ensure that the employee - owner has management responsibil- ities and capabilities discussed in this section. (3) Any relationship between an MBE and a business which is not an MBE which has an interest in the MBE Is carefully reviewed to deter- mine if the interest of the non -MBE conflicts with the ownership and con- trol requirements of this section. (c) A joint venture is eligible under this part if the MBE partner of the joint venture meets the standards for an eligible MBE set forth above and the MBE partner is responsible for a clearly defined portion of the work to be performed and shares in the owner- ship, control, management responsibil- ities, risks, and profits of the joint ven- ture. (d) A joint venture is eligible to com- pete in an MBE set-aside under this Part if the MBE partner of the joint venture meets the standards of an eli- gible MBE set forth above, and the MBE partner's share in the ownership, control, and management responsibil- ities, risks, and profits of the joint ven- ture is at least 51 percent and the MBE partner is responsible for a clear- ly defined portion of the work to be performed. (e) A business wishing to be certified as an MBE or joint venture MBE by s 180 Office of the Secretary of Tr - DOT recipient shall cooper the recipient in supplying a information which may be r in order to make a determinati (fl Once certified, an MY update its submission annually mitting a new Schedule A or et that the Schedule A on file is curate. At any time there is a in ownership or control of t1- the ithe MBE shall submit a new & A. (g) Except as provided in 123 denial of a certification by the i ment or a recipient shall be fir that contract and other co being let by the recipient at th of the denial of certification. and joint ventures denied certifi may correct deficiencies in they. ership and control and apply for fication only for future contracts (h) Recipients shall safeguard disclosure to unauthorized perso formation that reasonably may garded as confidential business mation, consistent with Federal, and local law. $ 23.55 Appeals of denials of certify. as an MBE. (a) Filing. Any firm which bel that it has been wrongly denied fication as an MBE or joint vei under 1123-51 and 23.53 by the Partment or a recipient of DOT f: ciai assistance may file an appe writing, signed and dated, with thi Partment. The appeal shall be file later than 180 days after the dai denial of certification. The Secrt May extend the time for filini waive the time limit in the intere Justice, specifying in writing the ions for so doing. Third parties We reason to believe that ono irm has been wrongly denied ranted certification as an MBI 31int venture may advise the Si srY. This information is not col red an appeq. pursuant to this ton. (b) Decision to investigate. The KatY ensures that a prompt inv ation is made pursuant to prescr OT Title VI investigation pr Ores. (c) Status of certification during tvestigation- The Secretary may :FR Subtitle A (10-1-89 to acquire their Interests in t :all be real and substantial. III iv of insufficient contributions iak promise to contribute capitar. Payable to the firm or its who are not socially and eco, ly, disadvantaged. or the men ation as an employee, rather a manager. :1 addition to the above stand.! )OT recipients shall give special ration to the following circum. in determining eligibility his part. ewly formed firms and firms ownership and/or control has 3 since the date of the adver. It of the contract are closely led to determine the reasons timing of the formation of or n the firm. revious and/or continuing em. nployee relationship between -ig present owners is carefully d to ensure that the employee - has management responsibil. d capabilities discussed in this ,ny. relationship between an ad a business which is not an hich has an interest In the carefully reviewed to deter. the interest of the non -MBE with the ownership and con. irements of this section. oint venture is eligible under if the MBE partner of the _ture meets the standards for )le MBE set forth above and Partner is responsible for a iefined portion of the work to rmed and shares in the owner. itrol, management responsibil- :s. and profits of the joint ven- oint venture is eligible to com- an MBE set-aside under this he MBE partner of the joint •neets the standards of an ell. ,E set forth above, and the 'ner's share in the ownership, nd management responsibil. , and profits of the joint ven. t least 51 percent and the -ner is responsible for a clear. d portion of the work to be d. usiness wishing to be certified 3E or joint venture MBE by a office of the Secretary of Transportation DOT recipient shall cooperate with the recipient in supplying additional formation which may be requested in order to make a determination. (f) Once certified. an MBE shall Update its submission annually by sub- mitting a new Schedule A or certifying that the Schedule A on file is still ac - Curate. At any time there is a change in own rship or E ha all submit control newof t he firm. the MBE A. (g) Except as Provided in $ 23.55, the denial of a certification by the Depart - al. for ment or a contractient and shall co tracts being let by the recipient at the time ial of the denof certification. MBEs and joint ventures denied certification may correct deficiencies in their own- ership and control and apply for certi- fication only for future contracts. (h) Recipients shall safeguard from disclosure to unauthorized persons in- formation that reasonably may be re- garded as confidential business infor- mation, consistent with Federal, state and local law. § 23.61 his/her discretiondeny the MBE or joint venture in question eligibility to Participate as an MBE DOT -assisted contracts let during the pendancy of the investigation, after providing the MBE or joint enturcare i a by writtn question en opportunity to statement to the Secretary why this should not occur• (d) Cooperation in investigation All parties shall cooperate fully with the investigation. Failure or refusal to fur - failure gtoecooperraate isaal violationer of this part. (e) Determinations. The Secretary makes one of the following determina- tions and informs the MBE or joint venture in writing of the reasons for the determination: (1) The MBE or joint venture is cer- tified; or (2) The MBE or joint venture is not eligible to be certified and Is denied eligibility to participate as an MBE in any direct or DOT.assisted contract t ona new is approved byapplication the recipient. 23.55 Appeals of denials of certification as an UBE. (a) Filing. Any firm which believes that it has been wrongly denied certi- fication as an MBE or joint venture under 1123.51 and 23.53 by the De- partment or a recipient of DOT finan- cial assistance .may file an appeal In - writing, signed and dated, with the De- partment. The appeal shall be filed no later than 180 days after the date of denial of certification. The Secretary may extend the time for filing or waive the time limit in the interest of Justice, specifying in writing the res, - sons d parties who have for so doing. ve th reason to i that another firm has been wrongly denied or granted certification as an MBE or joint venture may advise the Secre- tuy. This information is not consid- ered an appeal Pursuant to this sec- tion. (b) Decision to investigate. The Sec- retary ensures that a prompt investi- rescribed g&tIon is Titl�eVI investigatit to on n pdures. (c) Status of certification during the investigation. The Secretary may at Subpart D—implementation of 'Sea tion 105(f) of the Surface Trans- portation Assistance Ad of 1982 Sovacr. 48 FR 33442. July 21. 1983, unless otherwise noted - 9 23.61 Purpose - (a) The purpose of this subpart is to Sur- faemce Trant section ) sportation and Uniform Re- location Assistance Act of 1987 (Pub. L. 100-17) and section 105(f) of the Airport and Airway Safety and CaPac- ity that, exceptto th Expansion le ex ) tent the Secretary determines otherwise, not less than ten percent of the funds authorized by the Act for the Pro' gra listed in 123.63 of this subpart is expended with small business con - and economically controlleded and mically disadvantaged indi- viduals. (b) The ten percent level of partici- pation for O�Md businesses established c) and sec- tion 105(f) under theprgramscovered recipi- entsby 181 § 23.62 this subpart set and meet overall dis- advantaged business goals of at least ten percent. (48 FR 33442, July 21, 1983, as amended at 52 FR 39230, Oct. 21, 1987; 53 FR 18286, May 23, 19881 § 23.62 Definitions. The following definitions apply to this subpart. Where these definitions are inconsistent with the definitions of 123.5 of this part, these definitions control for all other purposes under this part. "Act" means the Surface Transpor- tation and Uniform Relocation Assist- ance Act of 1987 (Pub. L 100-17), with respect to financial assistance pro- grams of the FHWA and UMTA. and the Airport and Airway Safety and Ca- pacity Expansion Act of 1987 (Pub. L 100-223), with respect to FAA pro- grams. "Disadvantaged business" means a small business concern: (a) Which is at least 51 percent owned by one or more socially and economically disadvan- taged individuals. or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and eco- nomically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and eco- nomically disadvantaged individuals who own it. "Small business concern" means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto except that a small business concern shall not include any concern or group of concerns con- trolled by the same socially and eco- nomically disadvantaged individual or Individuals which has annual average gross receipts in excess of $14 million over the previous three fiscal years. The Secretary shall adjust this figure from time to time for inflation. "Socially and economically disad- vantaged individuals" means those in- dividuals who are citizens of the United States (or lawfully admitted permanent residents) and who are women, Black Americans, Hispanic Americans, Native Americans, Asian - Pacific Americans, or Asian -Indian 49 CFR Subtitle A (10-1-89 Edition) Americans and any other minorities or Individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. Recipients shall make a rebuttable presumption that individ- uals in the following groups are social- ly and economically disadvantaged. Recipients also may determine, on a case-by-case basis, that individuals who are not a member of one of the following groups are socially and eco- nomically disadvantaged. (a) 'Black Americans;" which in- cludes persons having origins in any of the Black racial groups of Africa; (b) "Hispanic Americans," which in- cludes persons of Mexican. Puerto Rican, Cuban, Central or South Amer- ican. or other Spanish or Portuguese culture or origin, regardless of race; (c) "Npt£ve Americans," which in- cludes persons who are American Indi- ans. Eskimos, Aleuts, or Native Hawai- ians; (d) "Asian-Paeifte Americans." which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos. Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; and (e) "Asian -Indian Americans." which includes persons whose origins are from India. Pakistan, and Bangla- desh. 148 FR 33442, July 21, 1983, as amended at 52 FR 39230, Oct. 21, 1987; 53 FR 18286, May 23, 19881 § 23.63 Applicability. This subpart applies to all DOT fi- nancial assistance in the following cat- egories that recipients expend in DOT -assisted contracts: (a) Federal -aid highway funds au- thorized by Title I of the Act; (b) Urban mass transportation funds authorized by Title I or III of the Act or the Urban Maes i mnsportation Act of 1964, as amended: and (c) Funds authorized by Title 1, 11 (except section 203) or III of the Sur- face Transportation Assistance Act of 1982 (Pub. L 97-424) and obligated on or after April 2. 1987. (d) Funds authorized under section Title I of the Airport and Airway 182 Office of the Secretary of Safety and Capacity Expan 1987 (Pub. IA. 100-223). 152 FR 39231, Oct. 21. 1987, as 53 FR 18286, May 23, 19881 § 23.64 Submission of overall g (a) Each recipient of fund: this subpart applies that is r have an MBE program and of this part shall establish goal for the use of disadvanta nesses. (b) Each recipient required lish an overall goal shall calci terms of a percentage of or. following bases, as applicable: (1) For recipients of Fe highway funds. all such funds recipient will expend in DO'I contracts in rhe forthcomir year; or (2) For recipients of urbs transportation or airport fu such funds (exclusive of fun( expended for purchases of tr-, hicles) that the recipient will in DOT -assisted contracts in th coming fiscal year. In app. cases, the UMTA or FAA Adn for may permit recipients to overall goals as a percentage c for a particular grant, prof group of grants and/or projects (c) Each recipient of Fed highway funds, urban mass t1 tation funds, or airport func submit its overall goal to Fl UMTA or FAA, as appropriate, Proval 60 days before the begir the Federal fiscal year to wh goal applies. An UMTA or FAI ent calculating its overall go. Percentage of funds for a pa grant, project, or group of gr Projects shall submit its overall UMTA or FAA at a time dete by the UMTA or FAA Administ (d) Recipients submitting a ten percent or more shall subs goal under the procedures set i 123.45(8) of this part. (e) If an FHWA or UMTA i recipient requests approval of a all goal of less than ten perce recipient shall take the followir In addition to those set fc 123.45(8) of this part: 30-187 0-90-7 49 CFR Subtitle A (10-1-89 ericans and any other minorities ividuals found to be disadvan oIt the Small Business Administ wed"` :want to section 8(a) of the S t l,. ness Act. Recipients shall make a' - 'table presumption that individ. n the following groups are social. a8 'a nd economically dsadvant pients also may determietL ne. on a -bY-case basis, that individuals are not a member of one of the 'wing icallY disadvantaged. ially and ecp. "Black Americans," which in. �s persons having origins h any of 31ack racial groups of Africa,• "Hispanic Americana, , which in- s Persons of Mexlcan, Puerto Cuban, Central or South Amer - )r other Spanish or Portugues or origin, regardless of race; 'Native Americans," which in. Persons who are American Indi_ skimos, Aleuts, or Native Hawai- "Asian-Pacific Americans." L includes persons whose origins from Japan, China, Taiwan, 11 Vietnam, Laos, Cambodia, the Pines, Samoa, Guam, the U.S. Territories of the Pacific, and ,rthern Marianas; and "Asian -Indian Americans," includes persons whose origins m India, Pakistan, and Bangla- 3442. July 21, 1983, as amended at J230, Oct. 21, 1987; 53 PR 18286, 19881 .applicability. subpart applies to all DOT fl. assistance in the following cat - that recipients expend in sisted contracts: ,decal -aid highway funds au - i by Title I of the Act; )an mass transportation funds ed by Title I or III of the Act _.ban Mass TrEnsportation Act 3 amended; and 9s authorized by Title I, II ction 203) or III of the Sur- .sportation Assistance Act of ). L. 97-424) and obligated on ,Pril 2, 1987. ids authorized under section 3f the Airport and Airway office of the Secretary of Transportation Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223). (52 FR 39231, Oct. 21, 1987, as amended at 53 FR 18286. May 23, 19881 § 23.64 Submission of overall goals. (a) Each recipient of funds to which this subpart applies that is required to have an MBE program under 123.41 of this part shall establish an overall goal for the use of disadvantaged busi- nesses. (b) Each recipient required to estab- lish an overall goal shall calculate it in terms of a percentage of one of the following bases, as applicable: (1) For recipients of Federal -aid highway funds, all such funds that the recipient will expend in DOT -assisted contracts in the forthcoming .fiscal year; or (2) For recipients of urban mass transportation or airport funds, all such funds (exclusive of funds to be expended for purchases of transit ve. hicles) that the recipient will expend in DOT -assisted contracts in the forth- coming fiscal year. In appropriate cases. the UMTA or FAA Administra- tor may permit recipients to express overall goals as a percentage of funds for a particular grant, project, or group of grants and/or projects. (c) Each recipient of Federal -aid highway funds, urban mass transpor- tation funds, or airport funds shall submit its overall goal to FHWA or UMTA or FAA, as appropriate, for ap. proval 60 days before the beginning of the Federal fiscal year to which the goal applies. An UMTA or FAA recipi. ent calculating its overall goal as a percentage of funds for a particular grant, project, or group of grants or projects shall submit its overall goal to UMTA or FAA at a time determined by the UMTA or FAA Administrator. (d) Recipients submitting a goal of ten percent or more shall submit the goal under the procedures set forth in § 23.45(g) of this part. (e) If an FHWA or UMTA or FAA recipient requests approval of an over- all goal of less than ten percent. the recipient shall take the following steps in addition to those set forth in i 23.45(8) oft 's part: 30-187 0-90-7 § 23.65 (1) Submit with its request a justifi- cation including the elements set forth in 123.65; (2) Ensure that the request is signed, or concurred in. by the Governor of the state (in the case of a state trans- portation agency), the Mayor or other elected official(s) responsible for the operation of a mass transit agency; or, with respect to an airport sponsor, the elected official, head of the board, or other official responsible for the oper- ation of the sponsor, and (3) Consult with minority and gener- al contractors' associations, communi- ty organizations, and other officials or organizations which could be expected to have information concerning the availability of disadvantaged business- es and the adequacy of the recipient's efforts to increase the participation of such businesses. If it appears to the Administrator that the recipient has failed to consult with a relevant person or organization, the Adminis- trator may direct the recipient to con- sult with that person or organization. 148 FR 33442, July 21, 1983, as amended at 53 FR 18286, May 23, ) 9881 it 23.65 Content of jurtification. An FHWA or UMTA or FAA recipi- ent requesting approval of an overall goal of less than ten percent shall in- clude information on the following points in its justification. Guidance concerning this information is found in Appendix D. (a) The recipient's efforts to locate disadvantaged businesses; (b) The recipient's efforts to make disadvantaged businesses aware of contracting opportunities; (c) The recipient's initiatives to en- courage and develop disadvantaged businesses• (d) Legal or other barriers impeding the participation of disadvantaged businesses at at least a ten percent level in the recipient's DOT -assisted contracts, and the recipient's efforts to overcome or mitigate the effects of these barriers; (e) The availability of disadvantaged businesses to work on the recipient's DOT -assisted contracts; (f) The size and other characteristics of the minority population of the re - 183 participation of disadvantaged busi- nesses in its DOT -assisted contracts. ' given the availability of disadvantaged businesses to work on these contracts. (c) Before approving Or disapproving a requested goal of less than ten per- cent, the Administrator provides the Director of the DOT Office of Small and Disadvantaged Business Utiliza- tion with an opportunity to review and comment on the request. i(d) If the Administrator does not ap- prove the goal the recipient has re- quested. the Admirstrator. after con - suiting with thc, recipient, establishes an adjusted overall goal. The adjusted overall goal represents the Adminis- trator's determination of a reasonable expectation for the participation of disadvantaged businesses in the recipi- ents DOT -assisted contracts. and is 49 CFR Subtitle A (10-1-89 Edition) based on the information provided by the recipient and/or other informa- tion available to the Administrator. (e) The Administrator may condition the approval or establishment of any overall goal on any reasonable future action by the recipient. § 23.67 Special provision for transit vehi- cle manufacturers. (a) Each UMTA recipient shall re- quire that each transit vehicle manu- facturer, as a condition of being au- thorized to bid on transit vehicle pro- curements in which UMTA funds par- ticipate, certify that It has complied with the requirements of this section. This requirement shall go into effect on October 1, 1983. (b) Each manufactu er shall estab- lish and submit for the UMTA Admin- istrator's approval an L nnual percent- age overall goal. The base from which the goal is calculated shall be the amount of UMTA financial assistance participating In transit vehicle con- tracts to be performed by the manu- facturer during the fiscal year in ques- tion. Funds attributable to work per- formed outside the United States and its territories, possessions, and com- monwealths shall be excluded from this base. The requirements and proce- dures of $ 23.64 (d) and (e)(1) and If 23.65-23.66 of this subpart shall apply to transit vehicle manufacturers as they apply to recipients. (c) The manufacturer may make the certification called for in paragraph (a) if it has submitted the goal re- quired by paragraph (b) and the UMTA Administrator has either ap- proved It or not disapproved it. § 23.68 Compliance. (a) Compliance with the require- ments of this subpart is enforced through the provisions of this section. not through the provisions of Subpart E of this part. (b) Failure of a recipient to have an approved MBE program. Including an approved overall goal, as required by 123.64 of this subpart, is noncomPli- ance with this subpart. (c) If a recipient falls to meet an aP- proved l coal. it shall opportunity toexplain to he Adm' 184 Office of the Secretary of i trator of the concerned D element why the goal cou achieved and why meeting was beyond the recipient's cc (d)(1) If the recipient does such an explanation, or if ti istrator determines that ti ent's explanation does not p failure to meet the approve goal, the Administrator may c_ recipient to take appropriate action. Failure to take remedi directed by the Administrato compliance with this subpart. (2) Before the Administrat, mines whether a recipient's tion of justifies its failure to r� approved overall goal, the Adn for gives the Director. Office c and Disadvantaged Business tion, an opportunity to revit comment on the recipient's e- tion. (e)(1) In the event of noncom; With this subpart by a recipi Federal -aid highway funds, the Administrator may take any provided for in 23 CFR 1.36. (2) In the event of noncoms With this subpart by a recipi; funds administered by UMTA or the UMTA or FAA Administratc take appropriate enforcement , Such action may include the si sion or termination of Federal or the refusal to approve pry grants, or contracts until defici are remedied. 148 FR 33442, July 21, 1983; 48 FR Sept. 14, 1983, as amended at 53 FR May 23,1988j 1123.69 Challenge procedure. (a) Each recipient required to fish an overall goal under § 23.64 establish a challenge procedure sistent with this section to deter whether an individual presumed sociallCaged as and ovidednin 1 23162 sisir socially and economically disai taged. (b) The recipient's challenge p dure shall provide as follows: ` (1) Any third party may chall ;-1 the socla11Y and economically d 4. � =Z taged status of any indiv cept an individual who has a t 8(a) certification from the E § 23.66 cipient's jurisdiction, and the rel- evance of these factors to the avail- ability or potential availability of dis- advantaged businesses to work on the recipient's DOT -assisted contracts; and (g) A summary of the views and In- formation concerning the availability of disadvantaged businesses and the adequacy of the recipient's efforts to Increase the participation of such busi- nesses provided by the persons and or- ganizations consulted by the recipient it under 123.64(f)(3). 148 FR 33442, July 21, 1983, as amended at 53 FR 18286, May 23, 19881 ' § 23.66 Approval and disapproval of over- all goals. (a) The Administrator reviews and approves any overall goal of ten per- cent or more submitted by a recipient as provided in $ 23.45(g) of this part. (b) The Administrator of the con- cerned Departmental element ap- proves a requested goal of less than ten percent if he or she determines, on the basis of the recipient's Justifica- tion and any other information avail- able to the Administrator, that (1) The recipient is making all ap- propriate efforts to increase disadvan- taged business participation in its DOT -assisted contracts to a ten per- cent level; and (2) Despite the recipient's efforts, the recipient's requested goal repre- sents a reasonable expectation for the participation of disadvantaged busi- nesses in its DOT -assisted contracts. ' given the availability of disadvantaged businesses to work on these contracts. (c) Before approving Or disapproving a requested goal of less than ten per- cent, the Administrator provides the Director of the DOT Office of Small and Disadvantaged Business Utiliza- tion with an opportunity to review and comment on the request. i(d) If the Administrator does not ap- prove the goal the recipient has re- quested. the Admirstrator. after con - suiting with thc, recipient, establishes an adjusted overall goal. The adjusted overall goal represents the Adminis- trator's determination of a reasonable expectation for the participation of disadvantaged businesses in the recipi- ents DOT -assisted contracts. and is 49 CFR Subtitle A (10-1-89 Edition) based on the information provided by the recipient and/or other informa- tion available to the Administrator. (e) The Administrator may condition the approval or establishment of any overall goal on any reasonable future action by the recipient. § 23.67 Special provision for transit vehi- cle manufacturers. (a) Each UMTA recipient shall re- quire that each transit vehicle manu- facturer, as a condition of being au- thorized to bid on transit vehicle pro- curements in which UMTA funds par- ticipate, certify that It has complied with the requirements of this section. This requirement shall go into effect on October 1, 1983. (b) Each manufactu er shall estab- lish and submit for the UMTA Admin- istrator's approval an L nnual percent- age overall goal. The base from which the goal is calculated shall be the amount of UMTA financial assistance participating In transit vehicle con- tracts to be performed by the manu- facturer during the fiscal year in ques- tion. Funds attributable to work per- formed outside the United States and its territories, possessions, and com- monwealths shall be excluded from this base. The requirements and proce- dures of $ 23.64 (d) and (e)(1) and If 23.65-23.66 of this subpart shall apply to transit vehicle manufacturers as they apply to recipients. (c) The manufacturer may make the certification called for in paragraph (a) if it has submitted the goal re- quired by paragraph (b) and the UMTA Administrator has either ap- proved It or not disapproved it. § 23.68 Compliance. (a) Compliance with the require- ments of this subpart is enforced through the provisions of this section. not through the provisions of Subpart E of this part. (b) Failure of a recipient to have an approved MBE program. Including an approved overall goal, as required by 123.64 of this subpart, is noncomPli- ance with this subpart. (c) If a recipient falls to meet an aP- proved l coal. it shall opportunity toexplain to he Adm' 184 Office of the Secretary of i trator of the concerned D element why the goal cou achieved and why meeting was beyond the recipient's cc (d)(1) If the recipient does such an explanation, or if ti istrator determines that ti ent's explanation does not p failure to meet the approve goal, the Administrator may c_ recipient to take appropriate action. Failure to take remedi directed by the Administrato compliance with this subpart. (2) Before the Administrat, mines whether a recipient's tion of justifies its failure to r� approved overall goal, the Adn for gives the Director. Office c and Disadvantaged Business tion, an opportunity to revit comment on the recipient's e- tion. (e)(1) In the event of noncom; With this subpart by a recipi Federal -aid highway funds, the Administrator may take any provided for in 23 CFR 1.36. (2) In the event of noncoms With this subpart by a recipi; funds administered by UMTA or the UMTA or FAA Administratc take appropriate enforcement , Such action may include the si sion or termination of Federal or the refusal to approve pry grants, or contracts until defici are remedied. 148 FR 33442, July 21, 1983; 48 FR Sept. 14, 1983, as amended at 53 FR May 23,1988j 1123.69 Challenge procedure. (a) Each recipient required to fish an overall goal under § 23.64 establish a challenge procedure sistent with this section to deter whether an individual presumed sociallCaged as and ovidednin 1 23162 sisir socially and economically disai taged. (b) The recipient's challenge p dure shall provide as follows: ` (1) Any third party may chall ;-1 the socla11Y and economically d 4. � =Z taged status of any indiv cept an individual who has a t 8(a) certification from the E SFR Subtitle A (1061-89 Edition] m the information provided by :,ipient and/or other informs, ailable to the Administrator. 'ie Administrator may condition ,royal or establishment of any -oat on any reasonable future the recipient. pecial provision for transit vehl. anufacturers. Bch UMTA recipient shall re, iat each transit vehicle manu. as a condition of I to bid on transit vehicle epro. its in which UMTA funds par. certify that it has complied requirements of this section. mirementt shall go into effect )er 1, 1983. ^h manufacturer shall estab. ubmit for the UMTA Admin. approval an annual percent. 1 goal. The base from which is calculated shall be the f UMTA financial assistance 'Ing in transit vehicle con. be performed by the manu- 3uring the fiscal year in quer. ,ds attributable to work per. riel, othe United States and ones, possessions, and corn. ,hs shall be excluded from The 3requirements64el (eXprand 23.66 of this subpart shall ransit vehicle manufacturers Ply to recipients. 1anufacturer may make the n called for in paragraph ,as submitted the goal re. Paragraph (b) and the lministrator has either ap- r not disapproved it. npliance. pliance with the requir., this subpart is enforced ie provisions of this section, h the provisions of Subpart Lrt. -e of a recipient to have an -BE program, including an erall goal, as required by 111q subpart, is noncompli- is subpart. :ipient fails to meet an ap. 'all goal, it shall have the to explain to the Adminis. Office of the Secretary of Transportation Business Administration) presumed to be socially and economically disadvan- taged if that individual is an owner of a firm certified by or seeking certifica- tion from the recipient as a disadvan- taged business. The challenge shall be made in writing to the recipient. (2) With its letter, the challenging party shall include all information available to it relevant to a determina- tion of whether the challenged party is in fact socially and economically dis- advantaged. (3) The recipient shall determine, on the basis of the information provided by the challenging party, whether there is reason to believe that the challenged party is in fact not socially and disadvantaged. (i) If the recipient determines that there is not reason to believe that the challenged party is not socially and economically disadvantaged, the recip- ient shall so inform the challenging party in writing. This terminates the proceeding. (ii) If the recipient determines that there is reason to believe that the challenged party is not socially and economically disadvantaged, the recip- ient shall begin a proceeding as provid- ed in paragraphs (b) (4). (5). and (6) of this section. (4) The recipient shall notify the challenged party in writing that his or her status as a socially and economi- cally disadvantaged individual has been challenged. The notice shall identify the challenging party and summarize the grounds for the chal- lenge. The notice shall also require the challenged party to provide to the recipient, within a reasonable time, in- formation sufficient to permit the re- cipient to evaluate his or her status as a socially and economically disadvan- taged individual. (5) The recipient shall evaluate the information available to it and make a proposed determination of the social and economic disadvantage of the challenged party. The recipient shall notify both parties of this proposed determination in writing, setting forth the reasons for its proposal. The recip- ient shall provide an opportunity to the parties for an informal hearing, at which they can respond to this pro- § 23.69 trator of the concerned Department clement why the goal could not be achieved and why meeting the goal Was beyond the recipient's control. (d)(1) If the recipient does not make such an explanation, or if the Admin- istrator determines that the recipi- ent's explanation does not justify the failure to meet the approved overall goal, the Administrator may direct the recipient to take appropriate remedial action. Failure to take remedial action directed by the Administrator is non- compliance with this subpart. (2) Before the Administrator deter- mines whether a recipient's explana- tion of justifies its failure to meet the approved overall goal, the Administra- tor gives the Director, Office of Small and Disadvantaged Business Utiliza- tion, an opportunity to review and comment on the recipient's explana- tion. (e)(1) In the event of noncompliance with this subpart by a recipient of Federal -aid highway funds. the FHWA Administrator may take any action provided for in 23 CFR. 1.36. (2) In the event of noncompliance with this subpa; t by a recipient of funds administered by UMTA or FAA. the UMTA or FAA Administrator may take appropriate enforcement action. Such action may include the suspen- sion or termination of Federal funds or the refusal to approve projects. grants, or contracts until deficiencies are remedied. 148 FR 33442, July 21, 1983; 48 FR 41163. Sept. 14, 1983, as amended at 53 PR 18286, May 23, 19881 9 23.69 Challenge procedure. (a) Each recipient required to estab- lish an overall goal under § 23.64 shall establish a challenge procedure con- sistent with this section to determine whether an individual presumed to be socially and economically disadvan- taged as provided in 123.62 is in fact socially and economically disadvan- taged. (b) The recipient's challenge proce- dure shall provide as follows: (1) Any third party may challenge the socially and economically disad- vantaged status of any individual (except an individual who has a cur- rent 8(a) certification from the Small 185 Pt. 23, Subpt. D, App. A posed determination in writing and in person. (6) Following the informal hearing. the recipient shall make a final deter- mination. The recipient shall inform the parties in writing of the final de. termination, setting forth the reasons for its decision. (7) In making the determinations called for in paragraphs (b) (3), (5), and (6) of this section, the recipient shall use the standards set forth in Appendix C to this subpart. (8) During the pendancy of a chal- lenge under this section, the presump- tion that the challenged party is a so- cially and economically disadvantaged Individual shall remain in effect. (c) The final determination of the recipient under p?avgraphs (b)(3)(t) and (b)(6) may be appealed to the De- partment by the adversely affected party to the proceeding under the pro- cedures of 123.55 of this part. APPENDIY A—SECTION-BY-SECTION ANALYSIS it This section -by -section analysis describes the provisions of the final rule. This materi- al is normally published in the preamble to the final rule. However, the Department be- fleves that it may be useful to recipients, contractors, and the public to publish this information in an appendix to the final reg- ulation. As a result. this information will be available to users of the Code of Federal Regulations as well as to persons who have access to the RmsaAL RaclsTsa print of the regulation. Section 23.61 Purpose. This section states that the purpose of Subpart D is to implement section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 and sec- tion 105(f) of the Airport and Airway Safety �{ and Capacity Expansion Act o1 1987. The rest of the section restates the text of the statute and states that the ten percent level of disadvantaged business participation es- tablished by the statute will be achieved if recipients set and meet goals of at least ten percent. The Department of Transportation is committed to carrying out section 106(c) and section 105(f) and achieving Its obJec- tives. and intends to enforce the obligations of the recipients and contractors under sec- ? tion 106(c) and section 105(1) and 49 CFR Part 23. 49 CFR Subtitle A (10-1-89 Edition) Section 23.62 Definitions. As used in Subpart D. the word "Act" means the Surface Transportation and Uni- form Relocation Assistance Act o1 1987 Air- port and Airway Safety and Capacity Ex- pansion Act of 1987. The definition of the term "disadvantaged business" in Subpart D Is very similar to the definition of the term "minority business enterprise" used for other purposes in 49 CFR Part 23. A differ- ent term is employed in recognition of the fact that a slightly different set of individ- uals is eligible to own and control a disad- vantaged business than is eligible to own and control a minority business enterprise. In either case, at least 51 percent of the business must be owned by one or more of the eligible individuals, and the firm's man- agement and dally business operations must be controlled by one or more of the eligible Individuals who own it It is Important to note that the business owners themselves must control the operations of the business. Absentee ownership, or titular ownership by an individual who does not take an active role in controlling the business, is not con- sistent with eligibility as a disadvantaged business under this regulation. In order to be an eligible disadvantaged business, a firm must meet the criteria of 123.53 of this reg- ulation and must be certif led as 49 CFR Part 23 provides. "Small business concern" is defined as a small business meeting the standards of sec- tion 3 of the Small Business Act and rele- vant regulations that Implement it. These regulations are summarized In Appendix B to the subpart. It should be emphasized that any business which fails to qualify under the standards as a small concern. in- cluding a firm certified by SBA under the 8(a) program cannot be certified as a disad- vantaged business, even though it is owned and controlled by socially and economically disadvantaged individuals. Since the small business status of a firm can change over the years, we recommend that recipients make a point of reviewing periodically the small business status of firms with existing certifications periodically to make sure that they still qualify. Congress determined, in order to ensure that the DBE program meets its objective of helping small minority businesses become self-sufficient and able to compete in the market with non -disadvantaged firms. that DBE firma should "graduate" from the pro- gram once their average annual receipts reached $14 million. In implementing this provision, recipients should note that a firm Is not "graduated" from the program, and hence no longer an eligible DBE, until Its average annual gross receipts over the previous three-year period exceed $14 million. The fact that a firm ex, 186 Office of the Secretary of Tr ceeds $14 million in gross receipts year does not necessarily result i tion." For example, suppose a fiz following history: 1985—$11 million 1986—$13 million 1987—$14 million 1988—$14 million 1989—$15 million The firm makes $14 million in 198 er, the firm's average annual gros for 1985-87 are $12.67 million, so remains eligible in 1988. This hyl firm would remain eligible in 198! since its average annual gross reg 1986-88 would be $13.67 million. the firm's average annual gross reg 1987-89 would be $14.3 million. As the firm would not be an eligible 1990. It should also be pointed out the Hon ceiling, like small business sL under section 3 of the Small Buss, includes revenues of "affiliates" of as well as the firm itself. This is the of the "any concern or group of c, language. In addition. firms still are to applicable lower limits on busin established by the Small Business A tration in 13 CFR Part 121. For exa SBA regulations say that $7.5 millir age gross annual revenues is the si: for a certain type of business, tl• limit, rather than the overall $14 ceiling, determines whether the fir`„ Iles in terms of its size to be a DBE. "Socially and economically disadvs individuals" is the term that defii persons eligible to own and control vantaged business. The term inclu( following people: First, anyone foun socially and economically disadvantE SBA under the 8(a) program is rega socially and economically disadvanta the purpose of DOT -assisted pr( Second, any individual who is a mer, one of the designated groups (Black cans, Hispanic Americans, Native cans, Asian -Pacific Americans, and Indian -Americans of women) is rebs presumed to be socially and econoi disadvantaged. By "rebuttably pres we mean that the socially and econoi Ladvantaged status of any individu a member of one of the groups is r assumed by the recipient. With t .Ption of persons whose origins ar Unna and Thailand the members a resumed groups are exactly the san )ns who are considered to be minorii U'Poses of the ft 23.5 definition of "i i." Individuals whose origins are from Md Thailand are not presumed to be ' and economically disadvantaged i; 113 for purposes of Subpart D. This CFR Subtitle A (10.1-89 Editioq) Section 23.62 D41inition,,. ,ed in Subpart D. the word "Act" he Surface Transportation and Un4_ Flotation Assistance Act of 1987 A Airway Safety and Capacity Act of 1987. The definition of the 'advantaged business" in Subpart D ,liar to the definition of the term business enterprise" used for oases in 49 CFR Part 23. A differ. Lsemployed in recognition of t a slightly different set of inhe diyid. iigible to own and control a disad. I business than Is eligible to Oen trol a minority business enterprise. r case, at least 51 percent of the must be owned by one or more of ble Individuals, and the firm's man. and daily business operations must died by one or more of the eligibl Ls who own it. It is important e the business owneto rs themselves rol the operations of the business. 'elshlp. or titular ownership by 13J who does not take an ai trolling the business, Is not ccton- ve i eligibility as a disadvantaged :der this regulatile dL-advon. In order to the riteran�t 23.5ed 30 business. a firm d must be certified as 49 Cpa ,vides, i� concern" is defined as a meeting the standards of sec. he Small Bush'M Act and rele. ►tions that implement it. These are summarise, in Appendix B mart. It shoulc+ be emphasized 'feu which fails to qualify rtn certified b� concern, in. r the 1. cannot be certified as a disad. =Mess. even though d it is owned by socially and economically I individuals. Since the small '-Is of a firm can chan$e over e recommend that recipients L of reviewing periodically the �s status of firms with existing Periodically to make sure that lify. etermined, In order to ensure program meets its objective of i minority businesses become and able to co'Ionmpete a the Quid-d�vantaged firms, that graduate' from the pro. leir average annual receipts Ilion. mg this provision, recipients It a firm Is not -graduated,. Mn. and hence no longer an eU1 its average annual gross e previous three-year period ion- The fact that a firm ex. office of the Secretary of Transportation Leeds $14 million in gross receipts in a single year does not necessarily result in "gradua- tion." For example, suppose a firm has the following history: 1985—E11 million 1986—$13 million 1987—$14 million 1988—$14 million 1989—$15 million The firm makes $14 million in 1987. Howev- er, the firm's average annual gross receipts for 1985-87 are $12.67 million, so the firm remains eligible in 1988. This hypothetical firm would remain eligible in 1989 as well, since its average annual gross receipts for 1986-88 would be $13.67 million. However, the firm's average annual gross receipts for 1987-89 would be $14.3 million. As a result, the firm would not be an eligible DBE in 1990. It should also be pointed out the $14 mil- lion ceiling, like small business size limits under section 3 of the Small Business Act, includes revenues of "affiliates" of the firm as well as the firm itself. This is the import of the "any concern or group of concerns" language. In addition, firms still are subject to applicable lower limits on business size established by the Small Business Adminis- tration in 13 CFR Part 121. For example, if SBA regulations say that $7.5 million aver- age gross annual revenues is the size limit for a certain type of business, that size limit, rather than the overall $14 million ceiling, determines whether the firm quali- fies in terms of its size to be a DBE. "Socially and economically disadvantaged Individuals" is the term that defines the persons eligible to own and control a disad- vantaged business. The term includes the following people: First, anyone found to be socially and economically disadvantaged by SBA under the 8(a) program is regarded as socially and economically disadvantaged for the purpose of DOT -assisted programs. Second. any individual who is a member of one of the designated groups (Black Ameri- cans, Hispanic Americans, Native Ameri- cans, Asian -Pacific Americans, and Asian Indian -Americans or women) is rebuttably presumed to be socially and economically disadvantaged. By "rebuttably presumed," we mean that the socially and economically disadvantaged status of any individual who is a member of one of the groups is normal- ly assumed by the recipient. With the ex- ception of persons whose origins are from Burma and Thailand the members of these presumed groups are exactly the same per- sons who are considered to be minorities for purposes of the 123.5 definition of "minori- ty.,, Individuals whose origins are from Burma and Thailand are not presumed to be social- ly and economically disadvantaged individ- uals for purposes of Subpart D. This means Pt. 23, Subpt. D, App. A that firms owned and controlled by such in- dividuals are eligible to be considered as MBEs for purposes of FRA. NHTSA and other DOT financial assistance programs but not as disadvantaged businesses for pur- poses of FHWA. UMTA and FAA programs (unless their owners are determined to be socially and economically disadvantaged on an individual basis). If SBA determines any additional groups to be presumptively so- cially and economically disadvantaged, these groups will become eligible for consid- eration as owners of disadvantaged business- es on the same basis as Black Americans, Hispanic Americans, and members of the other presumptive groups. A recipient may, through its certification program, determine that individuals who are not members of any of the presumptive groups are socially and economically disad- vantaged. On this basis, for example, dis- abled Vietnam veterans, Appalachian white males, Hasidic Jews, or any other individ- uals who are able to demonstrate to the re- cipient that they are socially and economi- cally disadvantaged may be treated as eligi- ble to own and control a disadvantaged busi- ness, on the same basis as a member of one of the presumptive groups. It must be em- phasized that these individuals are not de- termined to be socially and economically disadvantaged on the basis of their group membership. Rather, the social and eco- nomic disadvantage of each must be deter- mined on an individual, case-by-case basis. Guidance for making these determinations is found in Appendix C. Section 23.63 Applicability. This section provides that Subpart D ap- plies to all DOT financial assistance in a number of categories that recipients expend "in DOT -assisted contracts." This last phrase is very important. The base from which goals are calculated is not the total amount of money which each recipient re- ceives from FHWA or FAA or UMTA. It is the amount of money that the recipient ex- pends in DOT -assisted contracts. Funds that the recipient does not expend in contracts (i.e., funds spent by an FHWA or FAA recip- ient to acquire right-of-way or otherwise ac- quire land or pay its own employees to su- pervise construction, funds used by an UMTA recipient to pay salaries of bus driv- ers) not part of the base from which the overall goal is calculated. Only those funds to be expended by the recipient in contracts are available to create contracting opportu- nities for disadvantaged businesses, so only these funds comprise the base from which goals for the use of disadvantaged business- es are calculated. The first category of program funds to which Subpart D applies is Federal -aid highway funds authorized by Title I of the 187 IF I Pt. 23, Subpt. D, App. A Act. The second category is urban mass transportation funds authorized by Title I (i.e., interstate transfer and substitution funds) or Title III of the Act. The third cat- egory Is funds authorized by Title 1, Title II (except section 203), or Title III of the Sur- face Transportation Assistance Act of 1982 which were obligated on or after April 2, 1987 (the enactment date of the STURAA). The provisions of Subpart D also apply to the FAA -administered airport funds author- ized by the Airport and Airway Safety and Capacity Expansion Act of 1981. Section 23.64 Submission of Overall Goals. This section concerns the procedures for Submission of overall goals to be used by re- cipients of funds covered by this subpart. Paragraph (a) is intended to avoid the impo- sition of new administrative burdens on re- cipients of relatively low amounts of DOT financial assistance. This paragraph pro- vides that only those recipients who are re- quired to have MBE programs under 49 CFR Part 23 must comply with the goal set- ting requireMents of Subpart D. This in- cludes all state transportation agencies who receive FHWA funds and UMTA recipients who receive at least $250,000 in UMTA cap- ital and operating funds, exclusive of funds for transit vehicle purchases, or $100,000 In UMTA planning funds. Recipients of FAA airport program funds who receive planning funds in excess of $75.000 or more than $250,000 (general aviation airports). $400,000. (non -hub airports), or $500,000 (hub airports) In FAA assistance also must submit overall goals. UMTA or FAA recipi- ents who are not required to have an MSE program by 123.41 need not comply with the goal setting provisions of Subpart D. Paragraph (b) describes how recipients calculate their overall goals. Recipients of FHWA funds use as the base for calculating their percentage goal all Federal -aid funds that the recipient will expend in DOT -as- sisted contracts in the forthcoming fiscal Year. Funds authorized by section 202 of the STAA are considered to be Federal -aid high- way funds for this purpose. For UMTA or FAA funds, the base is all Federal funds (exclusive of funds to be expended for tran- sit vehicle purchases) that the recipient will expend In DOT -assisted contracts In the forthcoming fiscal year. The UMTA or FAA Administrator may, however, allow recipi- ents to base their goals on Federal funds re- ceived for a particular grant, project, or group of grants or projects. The Department is aware that recipients may not be aware of the exact amount of Federal funds to be received or to be used in Federally -assisted contracts in the forth- coming fiscal year. However, it is reasonable to expect that recipients will have a close enough projection so that they can deter - 49 CFR Subtitle A (10.1-89 Edition) mine a reasonable expectation for disadvan- taged business participation expressed in percentage terms. Paragraph (c) provides that, with the ex- ception of UMTA or FAA recipients calcu- lating their goals on a grant or project basis, each UMTA, FHWA, or FAA recipient which must submit an overall goal is re- quired to do so by the August 1 preceding the beginning of the fiscal year to which the goals apply. For example, goal submis- sions pertaining to fiscal year 1985 are due August 1. 1984. In the case of Fiscal Year 1984. DOT expects recipients to submit their overall goals for approval as close to August 1 as possible. Paragraph (d) provides that, if the recipi- ent is submitting a goal of ten percent or more, the recipient simply submits the goal under the procedures of I23.45(8) of this part, exactly in the manner that goals have been required to be submitted under the ex- isting regulation. Paragraph (e) concerns the situation In which a recipient Is requesting approval of an overall goal of less than ten percent. Such a recipient Is required to comply with the steps set forth in 1 23.45(8). However, it is required to take three additional steps. First. It must submit a justification for its request containing the information listed In 123.65. Second, it must ensure that the request is signed or concurred in by the Governor of the state (in the case of a state transporta- tion agency) or the Mayor or other elected official responsible for the operation of a mass transit agency. If the official responsi- ble for the operation of a mass transit agency or airport sponsor is not a Mayor, another appropriate elected official or offi- cials should provide the signature or concur- rence (e.g.. a County Executive, the Chair- man of a Board of Directors for a transit au- thority consisting of elected officials, etc.). The reason for this requirement is to ensure that a request for a goal of less than ten percent has the backing of the responsible elected official. This should help to prevent frivolous requests or requests based solely on the views of the non -elected staff of a state or local agency. It is also intended to protect the Department from becoming in- volved in a disagreement between, for exam- ple, a state transportation agency and a gov- ernor over disadvantaged business policy. It will also signal to the Department that a re- quest for a lower goal has the backing of the highest responsible elected official in- volved with the jurisdiction. The third requirement is that, before making a request for a goal of less than tea percent, the recipient must consult with mi- nority and general contracting associations. community organizations (particularly nli' nority community organizations) and other 188 Office of the Secretary of officials or organizations whi. petted to have information ct availability of disadvantaged b the adequacy of recipients' crease the participation of sue This consultation need not inv, public comment period. Howev Involve contact between official(s) of the recipient and tives of the organizations cons should also have the opportunit written information. The provision is based on th_ the organizations consulted are In a position to give the recipie, formation concerning the avails', advantaged businesses and the e of and problems with the reelpic to increase disadvantaged busin pation. The information sought sultation is Intended to include t the consulted parties on the poi;. Paragraph (a) --(f) of 123.65. Sue tion is important to the recipien.' lating a request for a goal of le< percent, the Department in evalu a request, and to both the recipie Department In attempting to what additional steps would be a.. to increase disadvantaged busine. pation in the future. There may be som : ctrcums which a recipient will have failed with a party whose information very useful to the formulation an tion of a request for a goal less than cent. If the Administrator becomes such a case, the Administrator ha cretion to tell the recipient to go consult with that party. Pending ther consultation, the Administrat not approve the request for a go,, than ten percent. Section 23.65 Content ofJusti)'io Section 23.65 lists the types of tion that a recipient seeking a go than ten percent must provide to ministrator. The purpose of this tion is to enable the Department to Informed determination of what th able expection for the recipient's 4 taged business participation level 1 forthcoming fiscal year. These iter formation are discussed in greater Appendix D. In the absence of a tion, the FHWA, UMTA, or FAA trators will not be able to consider i for a goal of less Lnan ten percent. Section 23.66 Approval and Disapi Overall Goals. Par section conc Situation in which tairecipient sub approval an overall goal of ten pe more. In response to such a request CFR Subtitle A (10-1-89 Edition) reasonable expectation for disadvan. business participation expressed in 'age terms. :raph (c) provides that, with the ex. Of UMTA or FAA recipients calcu. 1cir goals on a grant or project basis, MITA, FHWA. or FAA recipient lust submit an overall goal is re. o do so by the August 1 preceding inning of the fiscal year to which .is apply. For example, goal submis- ertalning to fiscal year 1985 are due 1, 1984. In the case of Fiscal Year 30T expects recipients to submit verall goals for approval as close to 1 as possible. raph (d) provides that, if the recipi-• ubmitting a goal of ten percent or ie recipient simply submits the goal he procedures of t 23.45(8) of this tetly in the manner that goals have. uired to be submitted under the ex. -Wation. -Ph (e) concerns the situation in -ecipient is requesting approval of 11 goal of less than ten percent. ecipient Is required to comply with set forth In t 23.45(8). However, 1t •ed to take three additional steps. must submit a justification for its ,ontaining the information listed in it must ensure that the request is concurred In by the Governor of (in the case of a state transports. ICY) or the Mayor or other elected esponsible for the operation of a isit agency. If the official responsi. ;he operation of a mass transit )pr Po atort epel�ted Official orr is not a aoffi- 9 provide the signature or concur - County Executive, the Chair- 'oard of Directors for a transit au. nSisting of elected officials, etc.). n for this requirement is to ensure ;uest for a goal of less than ten as thebacking of the responsible ficial is should help to prevent requests or requests based solely !ws of the non -elected staff of a Kcal agency. It is also intended to e Department from becoming in. disagreement between, for exam. = transportation agency and a gov- disadvantaged business policy. It ;nal to the Department that a re. lower goal has the backing of responsible elected official in. the jurisdiction. d requirement Is that, before ,quest for a goal of less than ten .e recipient must consult with mi - general contracting associations, organizations (particularly mf- l-nunity organizations) and other Office of the Secretary of Transportation Pt. 23, Subpt. D, App. A officials. or organizations which can be ex- pected to have information concerning the availability of disadvantaged businesses and the adequacy of recipients' efforts to in- crease the participation of such businesses. This consultation need not involve a formal public comment period. However, it should involve contact between responsible official(s) of the recipient and representa- tives of the organizations consulted, which should also have the opportunity to provide written information. The provision is based on the belief that the organizations consulted are likely to be in a position to give the recipient useful in- formation concerning the availability of dis- advantaged businesses and the effectiveness of and problems with the recipient's efforts to increase disadvantaged business partici- pation. The information sought in the con- sultation is intended to include the views of the consulted parties on the points listed in paragraph (a)—(f) of 123.65. Such informa- tion Is important to the recipient in formu- lating a request for a goal of less than ten percent, the Department in evaluating such a request, and to both the recipient and the Department in attempting to determine what additional steps would be appropriate to increase disadvantaged business partici- pation in the future. There may be some circumstances in which a recipient will have failed to consult with a party whose information could be very useful to the formulation and evalua. tion of a request for a goal less than ten per- cent. If the Administrator becomes aware of such a case, the Administrator has the dis- cretion to tell the recipient to go back and consult with that party. Pending this fur- ther consultation, the Administrator would not approve the request for a goal of less than ten percent. Section 23.65 Content of Justification. Section 23.65 lists the types of Informa- tion that a recipient seeking a goal of less than ten percent must provide to the Ad- ministrator. The purpose of this informa- tion Is to enable the Department to make an Wormed determination of what the reason- able expection for the recipient's disadvan- taged business participation level is for the forthcoming fiscal year. These items of In- formation are discussed in greater detail in Appendix D. In the absence of a Justifica- tion, the PHWA. UMTA, or FAA Adminis- trators will not be able to consider a request for a goal of less than ten percent. Section 23.66 Approval and Disapproval of Overall Goals. Paragraph (a) of this section concerns the situation in which a recipient submits for approval an overall goal of ten percent or more. In response to such a request, th a Ad ministrator follows the review and approval procedure provided in t 23.45(8) of the exist- ing rule. The FHWA. UMTA, or FAA Ad- ministrators will review and approve goals submitted under this paragraph in the same manner and In accordance with the same policies as they have reviewed and approved overall goals under the existing 49 CFR Part 23. Paragraph (b) concerns a situation in which a recipient has requested approval of a goal of less than ten percent. In order to approve the goal the recipient has request- ed, the Administrator must make two deter- minations. First, the Administrator must de- termine that the recipient is making III ap- propriate efforts to increase disadvantaged participation on its DOT -assisted contracts to at least a ten percent level. Second, the Administrator must determine that, despite the recipient's efforts. the goal requested by the recipient is the reasonable expectation. short of ten percent, for the participation of disadvantaged businesses in its DOT -assist- ed contracts, given the availability of disad- vantaged businesses to work on these con- tracts. Both of these determinations are very im- portant. The concept of a goal as the rea- sonable expectation for the recipient's per- formance recognizes the possibility that there may be limits. related to the availabil- ity of disadvantaged businesses, that pre- vent the attainment of a ten percent goal. Before granting a request for a goal below ten percent, the Administrator must deter- mine that such a limit does in fact exist. However, the idea of a reasonable expecta- tion also assumes that the recipient is doing everything it can to tncrea .e disadvantaged business participation. bots by seeking to increase the availability of disadvantaged businesses and seeking to increase the abili- ty of available disadvantages businesses to work on Its contracts. If the recipient is not taking all appropriate steps to increase dis- advantaged business participation, then the goal it has requested is not its reasonable expectation for disadvantaged business par- ticipation. If the Administrator does not approve the goal the recipient has requested, the Admin- istrator, after consulting with the recipient, establishes an adjusted overall goal. which represents his or her determination of the reasonable expectation for recipient's disad- vantaged business participation. This ad- justed overall goal Is on information provid- ed by the recipient or any other information available to the Administrator from other sources, including input from Interested groups and the past performance of the re- cipient or other recipients whose situation is analogous to that of the recipient in ques- tion. In approving either the goal requested by the recipient or In establishing an adjust - 189 Pt. 23, Subpt. D, App. A 49 CFR Subtitle A (10-1-89 Edition) , Office of the Secretary of T. he or she does with respect to recipient's goals. The UMTA Administrator may issue additional guidance with respect to proce- dures for the submission of overall goals and the content or justification of overall goals that take into account special circum- stances of transit vehicle manufacturers, if this appears appropriate. Paragraph (c) provides that the manufac- turer may make the certification to recipi- ents required by paragraph (a) if It has sub- mitted the goals provided for by this section and the UMTA Administrator has either ap- proved them or not disapproved them. This provision is intended to prevent delays in transit vehicle procurements. Section 23.68 Compliance Paragraph (a) points out that compliance with Subpart D, as distinguished from com- pliance with other portions of the regula- tion, is enforced through 123.68 rather than through Subpart E of the regulation. Por example, a recipient's failure to have an ap- proved overall goal as required by Subpart D would be treated under 123.68. A com- plaint of discrimination against a recipient by a particular disadvantaged business would be handled under the procedures of Subpart E. Paragraphs (b) and (d)(1) list the three circumstances in whit i a recipient may find Itself in noncompliance with Sub- part D. These are the only three circum- stances In which a recipient may be found In noncompliance with Subpart D. While a recipient may be in noncompliance with 49 CPR Part 23 for other reasons, these other types' of noncompliance are handled through the procedures of Subpart E. Paragraph (b) names the first two situa- tions in which a recipient may be found in noncompliance with Subpart D. First, the recipient can be In noncompliance by failing to have an approved overall goal as required by t 23.64. This includes not only the situa- tion In which the recipient does not submit a goal to the Department for approval, but also situations in which a recipient does not accept an adjusted overall goal established by the Administrator or fails or refuses to carry out conditions established by the Ad- ministrator under t 23.66(e). Second, a recipient may be in noncompli- ance if it does not have an approved disad- vantaged business program. Subpart D does not, in itself, require the creation of such a or.,!ram. However, such a program, as pre- .cribed by other provisions of 49 CFR Part 23, Is essential if a recipient Is to comply with the disadvantaged business participa- tion requirements of Subpart D. Conse- quently, the failure to have a program, or failure to have a program which fully meets the requirements of 49 CFR Part 23, is non- compliance with Subpart D. 190 For example. 49 CFR Part that, before a recipient awards a ensure that the apparent succes has met the contract goal or i strated good faith efforts to do s piet's program does not provide this determination before the aw tract, but instead provides for ch disadvantaged business participat of the contractor only after thr the contract, the recipient has that does not conform to 49 CF" The recipient may therefore be noncompliance with Subpart D. Paragraphs (c) and (d)(1) concei cedure that recipients and the D_ must follow when a recipient Is has fallen short of its approved ov The goal -setting process is intent termine, in advance, the reasonabb tion for the recipient's disadvant. ness participation. These paragrap tended to provide for the situation the recipient's performance does this expectation. At any time the trator requests it, or at the recipi.- Initiative, the recipient would ma: planation to the Administrator cc why the goal could not be achieved. planation, if It is to be satisfactor Administrator, must demonstrate cipient's failure to meet the goal is sons beyond the recipient's control. For example, If the recipient substantial disadvantaged business pation In a major project, and th4 was postponed by litigation or a na aster, the recipient could make a c its failure to meet the goal was atti to factors beyond its control. A that might arise more frequently the failure of contractors to meet goals. Under the Department's re recipients may award contracts to tors who do not meet contract goal: contractors demonstrate to the that they have made good faith e do so. It Is conceivable that a i would have set contract goals cot rate with its overall goal, would ha appropriate scrutiny to the claims tractors that they made unsucces good faith efforts to meet these goals. and awarded contracts to cor who did not meet contract goa number of instances. Collectively, tt tract awards would cause the reci fall below its overall goal. The Administrator may take stances of this kind into account i mining whether a recipient's failure Its overall goal was because of beyond the recipient's control. In c however, the Administrator also we Bider the degree of scrutiny by th ents of contractors' claims of unst hood faith efforts and the efforts th ed overall goal, the Administrator may always condition the approval or establish- ment of an overall goal on any reasonable future action by the recipient. Section 23.67 Special Provision for Transit Vehicle Manufacturers. This section addresses the special situa- tion of the purchase of transit vehicles by UMTA recipients. The intent of this section is to provide a simplified method by which transit vehicle manufacturers and UMTA i' recipients can meet disadvantaged business obligations. The Department does not di- rectly regulate transit vehicle manufactur- ers, since they are not the recipients of Fed- eral financial assistance from UMTA. Rather, they are contractors to UMTA re- cipients. Consequently, paragraph (a) im- poses the basic obligation of this section on UMTA recipients themselves. Paragraph (a) is a requirement that UMTA recipients condition the authority of manufacturers to bid on UMTA-assisted transit vehicle procurements on a certifica- tion by the manufacturer that it has com- plied with the other provisions of this sec- tion. In order to permit manufacturers rea- sonable start-up time, and to avoid disrup- tion of the whole procurement process, this requirement does not go into effect until October 1, 1983. Paragraph (b) requires that, in order to J make this certification, manufacturers have UMTA-approved overall goal. The base for calculating these goals is the amount of UMTA financial assistance participating In transit vehicle contracts to be performed by the manufacturer during the fiscal year in question. The Department is aware that UMTA recipients order some vehicles from foreign manufacturers and that the vehicles Produced by domestic manufacturers use y foreign components in some cases. The De-partment's regulation does not, of course, have extraterritorial application. Conse-quently. the manufacturer may exclude M from the base from which the goal is calcu- lated the value of the work performed abroad. For example, suppose an UMTA re- cipient buys a bus from a Canadian manu- facturer for $100,000. Fifty percent of the work on the bus is performed in Canada. In this case, the amount of funds contributing toward the base from which the manufac- turer's goal is calculated is $40,000 (i.e.. eighty percent of the $50,000 of the value of l the bus attributable to work performed in i the United States). i I!f l In submitting an overall goal for the UMTA Administrator's approval, the manu- facturer is required to follow the same pro- cedures as recipients with respect to timing, justification of goals. etc. The Administra- tor follows the same criteria and has the same authority with respect to approval and conditioning of recipient's overall goals as he or she does with respect to recipient's goals. The UMTA Administrator may issue additional guidance with respect to proce- dures for the submission of overall goals and the content or justification of overall goals that take into account special circum- stances of transit vehicle manufacturers, if this appears appropriate. Paragraph (c) provides that the manufac- turer may make the certification to recipi- ents required by paragraph (a) if It has sub- mitted the goals provided for by this section and the UMTA Administrator has either ap- proved them or not disapproved them. This provision is intended to prevent delays in transit vehicle procurements. Section 23.68 Compliance Paragraph (a) points out that compliance with Subpart D, as distinguished from com- pliance with other portions of the regula- tion, is enforced through 123.68 rather than through Subpart E of the regulation. Por example, a recipient's failure to have an ap- proved overall goal as required by Subpart D would be treated under 123.68. A com- plaint of discrimination against a recipient by a particular disadvantaged business would be handled under the procedures of Subpart E. Paragraphs (b) and (d)(1) list the three circumstances in whit i a recipient may find Itself in noncompliance with Sub- part D. These are the only three circum- stances In which a recipient may be found In noncompliance with Subpart D. While a recipient may be in noncompliance with 49 CPR Part 23 for other reasons, these other types' of noncompliance are handled through the procedures of Subpart E. Paragraph (b) names the first two situa- tions in which a recipient may be found in noncompliance with Subpart D. First, the recipient can be In noncompliance by failing to have an approved overall goal as required by t 23.64. This includes not only the situa- tion In which the recipient does not submit a goal to the Department for approval, but also situations in which a recipient does not accept an adjusted overall goal established by the Administrator or fails or refuses to carry out conditions established by the Ad- ministrator under t 23.66(e). Second, a recipient may be in noncompli- ance if it does not have an approved disad- vantaged business program. Subpart D does not, in itself, require the creation of such a or.,!ram. However, such a program, as pre- .cribed by other provisions of 49 CFR Part 23, Is essential if a recipient Is to comply with the disadvantaged business participa- tion requirements of Subpart D. Conse- quently, the failure to have a program, or failure to have a program which fully meets the requirements of 49 CFR Part 23, is non- compliance with Subpart D. 190 For example. 49 CFR Part that, before a recipient awards a ensure that the apparent succes has met the contract goal or i strated good faith efforts to do s piet's program does not provide this determination before the aw tract, but instead provides for ch disadvantaged business participat of the contractor only after thr the contract, the recipient has that does not conform to 49 CF" The recipient may therefore be noncompliance with Subpart D. Paragraphs (c) and (d)(1) concei cedure that recipients and the D_ must follow when a recipient Is has fallen short of its approved ov The goal -setting process is intent termine, in advance, the reasonabb tion for the recipient's disadvant. ness participation. These paragrap tended to provide for the situation the recipient's performance does this expectation. At any time the trator requests it, or at the recipi.- Initiative, the recipient would ma: planation to the Administrator cc why the goal could not be achieved. planation, if It is to be satisfactor Administrator, must demonstrate cipient's failure to meet the goal is sons beyond the recipient's control. For example, If the recipient substantial disadvantaged business pation In a major project, and th4 was postponed by litigation or a na aster, the recipient could make a c its failure to meet the goal was atti to factors beyond its control. A that might arise more frequently the failure of contractors to meet goals. Under the Department's re recipients may award contracts to tors who do not meet contract goal: contractors demonstrate to the that they have made good faith e do so. It Is conceivable that a i would have set contract goals cot rate with its overall goal, would ha appropriate scrutiny to the claims tractors that they made unsucces good faith efforts to meet these goals. and awarded contracts to cor who did not meet contract goa number of instances. Collectively, tt tract awards would cause the reci fall below its overall goal. The Administrator may take stances of this kind into account i mining whether a recipient's failure Its overall goal was because of beyond the recipient's control. In c however, the Administrator also we Bider the degree of scrutiny by th ents of contractors' claims of unst hood faith efforts and the efforts th R Subtitle A ( i a 1-89 Edi does with res �^)_ UMTA Administrator recipient, guidance with respect to psue �� tentthe uor ��fon of Ove god ; ake in justification of Ove to account special cir raansit vehicle manufacture (c) rovies that the manf ppropriate. ,akethe cert fication oeucipl- i by Paragraph T(a) if It has sub. TAA rovided for by this sectio n or Administrator istrator has either an- .or ed approved them. This cle procurements. delays In boss n 68 Compli"Ce (a) points out that compllanc t D. as distinguished from coe Other portio at_ of the a- ^regul ed through 23,68 rather than part E of the regulation. For 2ipient's failure to have an ap. goal as required by Subpart ieated under 123.68. A corn- against a recipient liar disadvantaged business idled under the procedures of aragraphs (b) and (d)(1) list If Int onncco� which a recipient .e are the only with Sub- iich a y three circum_ recipient may be toured ince with Subpart D, While a be In noncompliance with 49 for other reasons, these other _oncompliance are handled rocedures of Subpart E. b) names the first two situa- y a recipient mabe found in with Subpart D. First the in noncompliance by failing incl Ioverall goal as required ncludes not only the situa- rie recipient does not submit >ePartment for approval, but 'n which a recipient does not ;ted overall goal established Arator or fails or refuses to tions established by the Ad- er § 23.66(e). Pient stay be to noncompli. lot have an approved disad_ program Subpart D does wire the creatier.on of such a P such a program, as pre- Provisions of 49 CFR Part f a recipient is to comply ztaged business Partici a_ s of Subrt D. Conse- re to hapave a programfull. or I ,rogram which y meets Of 49 CFR Part 23, is non- Subpart D. office of the Secretary of Transportation Pt. 23, Subpt. D, App. A For example, 49 CFR Part 23 require: that, before a recipient awards a contract, it ensure that the apparent successful bidder has met the contract goal or has demon- strated good faith efforts to do so. If a reci- piet's program does not provide for making this determination before the award of con- tract, but instead provides for checking the disadvantaged business participation efforts of the contractor only after the award of the contract, the recipient has a program that does not conform to 49 CFR Part 23. The recipient may therefore be found in noncompliance with Subpart D. Paragraphs (c) and (dXI) concern the pro- cedure that recipients and the Department must follow when a recipient Is falling or has fallen short of its approved overall goal The goal -setting process is intended to de- termine, in advance, the reasonable expecta- tion for the recipient's disadvantaged busi- ness participation. These paragraphs are in- tended to provide for the situation in which the recipient's performance does not meet this expectation. At any time the Adminis- trator requests it, or at the recipient's own initiative, the - recipient would make an ex- planation to the Administrator concerning why the goal could not be achieved This ex- planation, if it is to be satisfactory to the Administrator, must demonstrate that re- cipient's failure to meet the goal is for rea- sons beyond the recipient's control. For example, If the recipient expected substAntial disadvantaged business partici- pation in a major project, and the project was postponed by litigation or a natural dis- aster, the recipient could make a can that its failure to meet the goal was attributable to factors beyond its control. A situation that might arise more frequently concerns the failure of contractors to meet contract goals. Under the Departme it's regulation, recipients may award contracts to contrac- tors who do not meet contract goals if these contractors demonstrate to the recipient that they have made good faith efforts to do so. It is conceivable that a recipient would have set contract goals commensu- rate with its overall goal, would have given appropriate scrutiny to the claims of con- tractors that they made unsuccessful but good faith efforts to meet these contract goals, and awarded contracts to contractors who did not meet contract goals in a number of instances. Collectively, these con- tract awards would cause the recipient to fall below its overall goal. The Administrator may take circum- stances of this kind into account in deter- mining whether a recipient's failure to meet its overall goal was because of factors beyond the recipient's control. In doing so, however, the Administrator also would con- sider the degree of scrutiny by the recipi- ents of contractors' claims of unsuccessful good faith efforts and the efforts the recipi- ent made in order to make up for shortfalls in particular contracts and prevent such shortfalls in other contracts. If the recipient's explanation that factors beyond its control prevented achievement of the overall goal is determined by the Ad- ministrator to Justify the failure to reach the goal, the matter is closed. If the recipi- ent does not provide an explanation or If the Administrator determines that the re- cipient's explanation is not adequate, the Administrator may take the additional step of directing the recipient to take appropri- ate remedial action. Remedial action in- cludes prospective steps to improve disad- vantaged business participation, such as ad- ditional outreach, assistance to disadvan- taged businesses or, where not inconsistent with state or local law, the use of set -asides. In order to take the remedial steps which the Administrator prescribes, the recipient may have to devote additional resources to the task. Failure or refusal by the recipient to take these remedial steps is the third form of noncompliance with Subpart D. The De- partment wants to make it very clear that failure to meet an overall goal, as such, does not constitute noncompliance with Subpart D. however, if the recipient fails to meet the goal, does not satisfactorily explain its failure to meet the goal as being beyond its coni col, and then fails or refuses to take re- med.al steps prescribed by the Administra- tor,'t would be in noncompliance. Paragraph (e) sets forth the sources of sanctions for recipient noncompliance under Subpart D. These sanctions are the same measures that are available to the FHWA, UMTA or FAA Administrator with respect to the failure of a recipient to carry out any condition of receiving Federal financial as- sistance. Section 23.69 Challenge Procedur4 The proposal in the NPRM to make the Presumption of social and economic disad- vantage rebuttable caused some confusion among recipients who commented. They asked whether this meant that they had to investigate the social and economic status of each business owner that sought certifica- tion for programs covered by Subpart D. They also asked by what criteria, and through what procedure, the rebuttable presumption would be applied. This section is intended to answer these questions. First, the basic meaning of a pre- sumption of social and economic disadvan- tage is that the recipient assumes that a member of the designated groups is socially and economically disadvantaged. In making certification decisions, the recipient relies on this presumption, and does not investi- gate the social and economic status of indi- 191 ! Pt. 23, Subpt. D, App. A ! viduals who fall into one of the presumptive groups. However, saying that the presumption is rebuttable means that a third party may challenge the actual social and/or economic disadvantage of a business owner who has received or is seeking certification for his + firm from the recipient. The procedures for making such a challenge are spelled out in this section. They are set forth in detail in 123.69 and are basically self-explanatory. Two points deserve emphasis. First, the pro. cedures are intended to be informal. ReciPt- In order to prevent uncertainty, the De- partment wishes to restate the relationship between, Subpart D and the remainder of 49 CFR Part 23. Under 49 CFR Part 23, certain recipients are required to have MBE pro- grams. It is only these redplents who are re- quired to follow the provisions of Subpart D. Recipients who must implement Subpart D do so only with respect to their FHWA and UMTA programs cited In Subpart D. (I For example, a state department of trans- portation receiving funds from FHWA, UMTA. NHTSA. FRA. and FM would be required to follow the Subpart D goal proce- dures with respect only to its FHWA and UMTA funds. It would not be required to do so for its FAA, NT TSA, and FRA funds. The recipient would continue to follow all applicable Procedures of 49 CFR Part 23 with respect to the FAA. FRA, and the NHTSA funds. Wlth respect to FEMA and UMTA-asslst- ed programs, recipients will now set only 49 CFR Subtitle A (10-1-89 Edition) one DBE goal, at both the overall and con- tract goal level. There are no longer sepa- rate DBE and WBE goals. Rather, the single DBE goal applies to all DBEs, wheth- er they are owned and controlled by minori- ties or by women. The contract award procedures of 49 CFR Part 23 apply to contracts under Subpart D Just as they do to contracts under other pro- visions of 49 CFR Part 23. Recipients may award contracts to those successful bidders who meet contract goals or demonstrate that they made good faith efforts to do so. Recipients must certify the eligibility of firms to participate under Subpart D pro- grams just as they do with respect to pro- grams covered by other provisions of 49 CFR Part 23. For businesses owned and con- trolled by members of the presumptive groups listed In the definition of socially and economically disadvantaged individuals In Subpart D, the certification process Is, Ith one exception, exactly the same as the certification profess that has existed all along under 49 CFR Part 23. The exception is that individuals with origins in Burma. Thailand, and Portugal are presumed to be soclally and economically disadvantaged. They can be eligible under Subpart D only If they successfully demonstrate to the re- cipient that they are socially and economi- cally disadvantaged as individuals. However, businesses owned and controlled by individuals with origins in these coun- tries continue to be eligible minority busi- nesses under other provisions of 49 CFR Part 23. The result Is that these firms may be certified for participation in FAA, FRA. NHTSA. or other DOT -assisted programs as before, but must make an individual show- ing of social and economic disadvantage in order to be regarded as eligible to partici- pate in FHWA and UMTA programs as dis- advantaged businesses. The same require- ment for an Individual determination of social and economic disadvantage applies to any individual who Is not a member of one of the presumptive groups, such as a non - minority woman, a handicapped person, etc. Decertification Procedures Substantial concern has been expressed about the infiltration of DOT -assisted Pro- grams by "fronts"—businesses that claim to be owned and controlled by minorities, women, or other disadvantaged individuals, but which. In fact are ineligible for partici- pation Is DOT -assisted programs as MBEs, WBEs or disadvantaged businesses. The Department wants to take this oppor- tunity to reemphasize the importance of scrutiny of all firms seeking to participate In DOT -assisted Programs. We believe strongly that recipients should take prompt action to ensure that only firms meeting the eligibility criteria of 49 CFR Part 23 partici. 192 Office of the Secretary pate as MBEs, WBEs, or dis= nesses in DOT -assisted means not only that recipie fully check the eligibility of for certification for the firs that they should review ti- firms with existing certificat ensure that they are still el circumstances, organization, control can change over time once -eligible firm becoming second look at a firm previou:- eligible may reveal factors i newed consideration, to a that it is ineligible. 49 CFR Part 23 does not, drafted, prescribe any particul for actions by recipients to re giblity of firms that they ha treated as eligible. When a reg to believe that a firm with a cs_ cation is not eligible, the Dep ommends that the recipients steps before removing the firm The recipient should inform writing of its concerns about th= bility, give the firm an opport spond to these concerns in pe - writing. and provide the firm a planation of the reasons for the final decision. This process may'. informal. For example, the firm nity to respond to the recipient need not involve a formal court Ing. However, in the interest c that eligibility removal decisions fairly, these steps should take pla firm's eligibility is removed. Tl ment believes that such a proce called "decertification" cases wil procedure fairer and better adm ly, as well as help prevent unnec cedural litigation. Procedures of are not a regulatory requiremer Department believes that, as a Policy, that they are advisable foi to use. Once a recipient has made a fir on certification, that determin into effect immediately with rest recipient's DOT -assisted conte I23.53(8)). If a firm that has bi certification or has been decer'ttfi the recipient's action to the E under 123.55, or if a third party the recipient's decision to certif; under g 23.55, the recipient's actio in effect until and unless the D makes a determination under 1 2: Ing the recipient's action. The action is not stayed during the p4 a 123.55 appeal. For example, if a recipient has a firm and the firm appeals the c tion to DOT, the firm remains ini consideration as a disadvantage( With respect to the recipient's DC ents are not required to establish elaborate } court -like tribunals, use strict rules of evi- dence, etc. Second, while a challenge is in progress, the presumption of social and eco- nomic disadvantage remains in effect. Therefore, if a firm has been certified, and the social and economic disadvantage of its owner is under challenge, the firm contin- ues to be certified and eligible to be consid- ered a disadvantaged business for purposes of the recipient's DOT assisted contracting activities. Amendments to 4 23.41(a) i The NPRM proposed to make technical amendments to f 23.41(aX2)(i) and 6 23.41(aMiD. These amendments added I! additional UMTA funding sources (e.g. See - tion 9A) to the list of sources from which funds would contribute t,ward the thresh- old amounts for determining whether UMTA recipients had to have MBE pro- gram. There were no comments on these proposed changes. These amendments are adopted unchanged from the NPRM. The final rule makes similar amendments to 123-41 (a)(2)(ii) and (a)(3Xiii). Relationship Between Subpart D and the Remainder of 49 CFR Part 23 In order to prevent uncertainty, the De- partment wishes to restate the relationship between, Subpart D and the remainder of 49 CFR Part 23. Under 49 CFR Part 23, certain recipients are required to have MBE pro- grams. It is only these redplents who are re- quired to follow the provisions of Subpart D. Recipients who must implement Subpart D do so only with respect to their FHWA and UMTA programs cited In Subpart D. (I For example, a state department of trans- portation receiving funds from FHWA, UMTA. NHTSA. FRA. and FM would be required to follow the Subpart D goal proce- dures with respect only to its FHWA and UMTA funds. It would not be required to do so for its FAA, NT TSA, and FRA funds. The recipient would continue to follow all applicable Procedures of 49 CFR Part 23 with respect to the FAA. FRA, and the NHTSA funds. Wlth respect to FEMA and UMTA-asslst- ed programs, recipients will now set only 49 CFR Subtitle A (10-1-89 Edition) one DBE goal, at both the overall and con- tract goal level. There are no longer sepa- rate DBE and WBE goals. Rather, the single DBE goal applies to all DBEs, wheth- er they are owned and controlled by minori- ties or by women. The contract award procedures of 49 CFR Part 23 apply to contracts under Subpart D Just as they do to contracts under other pro- visions of 49 CFR Part 23. Recipients may award contracts to those successful bidders who meet contract goals or demonstrate that they made good faith efforts to do so. Recipients must certify the eligibility of firms to participate under Subpart D pro- grams just as they do with respect to pro- grams covered by other provisions of 49 CFR Part 23. For businesses owned and con- trolled by members of the presumptive groups listed In the definition of socially and economically disadvantaged individuals In Subpart D, the certification process Is, Ith one exception, exactly the same as the certification profess that has existed all along under 49 CFR Part 23. The exception is that individuals with origins in Burma. Thailand, and Portugal are presumed to be soclally and economically disadvantaged. They can be eligible under Subpart D only If they successfully demonstrate to the re- cipient that they are socially and economi- cally disadvantaged as individuals. However, businesses owned and controlled by individuals with origins in these coun- tries continue to be eligible minority busi- nesses under other provisions of 49 CFR Part 23. The result Is that these firms may be certified for participation in FAA, FRA. NHTSA. or other DOT -assisted programs as before, but must make an individual show- ing of social and economic disadvantage in order to be regarded as eligible to partici- pate in FHWA and UMTA programs as dis- advantaged businesses. The same require- ment for an Individual determination of social and economic disadvantage applies to any individual who Is not a member of one of the presumptive groups, such as a non - minority woman, a handicapped person, etc. Decertification Procedures Substantial concern has been expressed about the infiltration of DOT -assisted Pro- grams by "fronts"—businesses that claim to be owned and controlled by minorities, women, or other disadvantaged individuals, but which. In fact are ineligible for partici- pation Is DOT -assisted programs as MBEs, WBEs or disadvantaged businesses. The Department wants to take this oppor- tunity to reemphasize the importance of scrutiny of all firms seeking to participate In DOT -assisted Programs. We believe strongly that recipients should take prompt action to ensure that only firms meeting the eligibility criteria of 49 CFR Part 23 partici. 192 Office of the Secretary pate as MBEs, WBEs, or dis= nesses in DOT -assisted means not only that recipie fully check the eligibility of for certification for the firs that they should review ti- firms with existing certificat ensure that they are still el circumstances, organization, control can change over time once -eligible firm becoming second look at a firm previou:- eligible may reveal factors i newed consideration, to a that it is ineligible. 49 CFR Part 23 does not, drafted, prescribe any particul for actions by recipients to re giblity of firms that they ha treated as eligible. When a reg to believe that a firm with a cs_ cation is not eligible, the Dep ommends that the recipients steps before removing the firm The recipient should inform writing of its concerns about th= bility, give the firm an opport spond to these concerns in pe - writing. and provide the firm a planation of the reasons for the final decision. This process may'. informal. For example, the firm nity to respond to the recipient need not involve a formal court Ing. However, in the interest c that eligibility removal decisions fairly, these steps should take pla firm's eligibility is removed. Tl ment believes that such a proce called "decertification" cases wil procedure fairer and better adm ly, as well as help prevent unnec cedural litigation. Procedures of are not a regulatory requiremer Department believes that, as a Policy, that they are advisable foi to use. Once a recipient has made a fir on certification, that determin into effect immediately with rest recipient's DOT -assisted conte I23.53(8)). If a firm that has bi certification or has been decer'ttfi the recipient's action to the E under 123.55, or if a third party the recipient's decision to certif; under g 23.55, the recipient's actio in effect until and unless the D makes a determination under 1 2: Ing the recipient's action. The action is not stayed during the p4 a 123.55 appeal. For example, if a recipient has a firm and the firm appeals the c tion to DOT, the firm remains ini consideration as a disadvantage( With respect to the recipient's DC CFR Subtitle A (10.1-89 Edition) 3E goal, at both the overall and con - oil level. There are no longer sepa. 'BE and WBE goals, Rather, the )BE goal applies to all DBEs, wheth. are owned and controlled by minors. womem ntract award procedures of 49 CFR apply to contracts under Subpart D iey do to contracts under other Pro - ,1 49 CFR Part 23. Recipients may ontracts to those successful bidders eet contract goals or demonstrate ey made good efforts to do so nts must certify the eligibility o1 o participate under Subpart D pro. lust as they do with respect to pro. overed by other provisions of 49 _rt 23. For businesses owned and con. by members of the presumptive listed in the definition of socially zornicallY disadvantaged individuals 1rt D, the certification process is, exception, exactly the same as the on process that has existed all ser 49 CFR Part 23. The exception idividuals with origins in Burma, and Portugal are presumed to be and economically disadvantaged n be eligible under Subpart D only successfully demonstrate to the re. .hat they are socially and economl. advantaged as individuals. ,er. businesses owned and controlled 'ideals with origins in these coon. Afnue to be eligible minority busi. _nder other provisions of 49 CFR The result is that these firms may ied for participation in FAA, FRA, or other DOT.assisted programs as ut must make an individual show. Ail and economic di-aadvantage in `,e regarded as eligil,le to partici. 3WA and UMTA programs as dis- d businesses. The same require. an individual determination of I economic disadvantage applies to 'idual who is not a member of one •esumptive groups, such as a non. woman, a handicapped person, eta >lecerlif`icalion Procedures tial concern has been expressed infiltration of DOT -assisted pro- "fronts"—businesses that claim to d and controlled by minorities, r other disadvantaged individuals, in fact are ineligible for partici. )OT -assisted programs as MBEs, sadvantaged businesses. :rtment wants to take this oppor. reemphasize the importance of f all firms seeking to participate assisted programs. We believe hat recipients should take prompt insure that only firms meeting the criteria of 49 CFR Part 23 partici- Office of the Secretary of Transportation Pt. 23, Subpt. D, App. B pate as MBEs. WBEs, or disadvantaged busi- nesses in DOT -assisted programs. This means not only that recipients should care- fully check the eligibility of firms applying for certification for the first time, but also that they should review the eligibility of firms with existing certifications in order to ensure that they are still eligible. A firm's circumstances, organization, ownership or control can change over time, resulting in a once -eligible firm becoming ineligible. A second look at a firm previously found to be eligible may reveal factors leading, on re- newed consideration, to a determination that it is ineligible. 49 CPR Part 23 does not, as presently drafted, prescribe any particular procedures for actions by recipients to remove the eli- giblity of firms that they have previously treated as eligible. When a recipient comes to believe that a firm with a current certifi- cation is not eligible, the Department rec- ommends that the recipients take certain steps before removing the firm's eligibility. The recipient should inform the firm in writing of its concerns about the firm's eligi- bility, give the firm an opportunity to re- spond to these concerns in person and in writing, and provide the firm a written ex- planation of the reasons for the recipient's final decision. This process may be brief and informal. For example, the firm's opportu- nity to respond to the recipient's concerns need not involve a formal court -type hear- ing. However, in the interest of ensuring that eligibility removal decisions are made fairly, these steps should take place before a firm's eligibility is removed. The Depart- ment believes that such a procedure in so- called "decertification" cases will make the procedure fairer and better administrative- ly, as well as help prevent unnecessary pro. cedural litigation. Procedures of this kind are not a regulatory requirement, but the Department believes that, as a matter of policy, that they are advisable for recipients to use. Once a recipient has made a final decision on certification, that determination goes into effect immediately with respect to the recipient's DOT -assisted contracts (see § 23.53(g)). U a firm that has been denied certification or has been decertified appeals the recipient's action to the Department under 123.55, or if a third party challenges the recipient's decision to certify the firm under 123.55, the recipient's action remains in effect until and unless the Department makes a determination under 123.55 revers- ing the recipient's action. The recipient's action is not stayed during the pendency of a 3 23.55 appeal. For example, if a recipient has decertified a firm and the firm appeals the decertifica- tion to DOT, the firm remains ineligible for consideration as a disadvantaged business with respect to the recipient's DOT -assisted programs until and unless the Department finds that -the firm is eligible. Likewise, if the recipient has certified the firm as eligi- ble, the firm remains eligible while the De- partment's consideration of a third party's challenge to Its eligiblity is pending. The Department has followed this policy and in- terpretation of its regulations consistently under the existing rule, and we will contin- ue to do so with respect to Subpart D. There 1s only one exception to this rule. Section 23.55(c) provides that, in appropri- ate cases, the Secretary may deny the firm in question eligiblity to participate as an MBE (or disadvantaged business) on DOT - assisted contracts let during the pendacy of the investigation, after providing the firm an opportunity to show cause by written statement to the Secretay why this should not occur. This paragraph is intended, and has been consistently interpreted and ap- plied by the Department, to cover only a sit- uation in which the recipient has decided that a firm is eligible and a third party has challenged the correctness of the recipient's determination. As a matter of policy, the Department believes that the award of con- tracts to ineligible firms is a very serious blow to the integrity of the Department's program. Consequently, if it appears to the Department that a challenged firm's eligi- bility is in serious doubt, the Department, under 4 23.55(c), can administratively "enfoin" the firm's participation pending a final determination on the merits of the challenge to its certification. This provision does not, however, authorize the Depart- ment to maintain a firm's certification in effect pending the outcome of the 123.55 Appeal. when the recipient has refused to certify or has decertified the firm. [48 FR 33442, July 21, 1983, as amended at 52 FR 39231, Oct. 21, 1987; 53 FR 18287, May 23, 19881 APPENDIx B—DETERMINATIONS OF BUSINESS .SIZE In determining the eligibility of businesses for purposes of 49 CFR Part 23, recipients must determine whether or not a business is a small business concern as defined by sec- tion 3 of the Small Business Act. If a busi- ness is not a small business concern accord- ing to these standards, then it is not eligible to participate as an MBE, WBE. or disad- vantaged business under 49 CFR Part 23. This is true even though the business may be owned and controlled by minorities. women, or socially and economically disad- vantaged individuals and is eligible in all other respects. Even a firm certified by the SBA under the 8(a) program is not eligible under this regulation if it is not a small business. 193 Pt. 23, Subpt. D, App. C 49 CFR Subtitle A (10-1-89 Edition) I Office of the Secre In determining whether a business is a small business concern, recipients should apply the standards established by the Small Business Administration In 13 CPR Part 121. In particular. recipients should refer to 1121.3-8 (Definition of Small Busi- ness for Government Procurement) and 1121.3-12 (Definition of Small Business for Government Subcontractors). This appen- dix lists the most frequent applications of these sections to the kinds of contracting done by FHWA and UMTA recipients. For information on types of businesses not listed in this appendix (e.g.. manufacturers), recipients should consult 1121.3-8 and the Appendices to 13 CFR Part 121. Recipients should apply the following size standards: 1. Subcontracts of =10,000 or less: A busi- ness is small if, including its affiliates, it does not have more than 500 employees. 2. Subcontracts over $10,000 and prime contracts: A business is regarded as small if it meets the following criteria: (a) Cb=truction. (1) General Construction (in which leas than 75 percent of the work falls into one of the categories in paragraph (2)): The firm's average annual receipts for the three pre- ceding fiscal years do not exceed $12 mil- lion. (2) Special trade contractors Maidnwm average erxaw Type of firm recegts in Pteeeda+g 3 few years PkV"Wq. heetirp (except elsetrfe) and $5 moron fm all r�ndhorig Wasconvaemn on ars rSL Painting, pepatRanginp, and deooratirg ...... Masonrysone sorting. and other stonewrak PlasteeM dcywas, aoaasad end mum ing work. Teraao, ft marble, and mosafe work.._ carPuftwi g and soorkg .._.__..._..... ...... Flm Wyirg and oltw soorwork........ _..... , Roo" and stat metal work ._..._........... _ Cnraata work ... _......... ... ................. _.._ water was dritlirq..... St uch" Mal areclia+.__.._......_.............. Glass and ylamm soak ...... _..... _..... ......... Excavating and foundation work ._.w.......... wreddng and denagkon soak..._._......._... Installation or erection of euddngs equip mere. Special trade avntractom not abewtwe daasiftad. (b) Suppliers of manufactured wood&: The firm, including its affiliates. must not have more than SW employees. (c) Service contractors: Maximum average annual recuts in Type of firm preceding 3 nasal yeah (in MW ra darrtorial and uatodd ... ......................... Camputar programmvg or data prow Cart�gtPuter Maintenance.. �...__........___ Oft" not mentioned in 13 CFR $7.5 4.5 4 7 4.5 APPMWIB C—GUIDANCE FOR 14ANING DEri RKMATIONs OF SOCIAL AND ECONOMIC DISADVANTAGE Before making any determination of social and economic disadvantage, the recip- ient should always determine whether a firm Is a small business concern. If it is not, then the firm is not eligible to be considered a disadvantaged business, and no further de- terminations need be made. Under the definition of "socially and eco- nomically disadvantaged individual" used in Subpart D of this pat members of the named groups (Black Americans, Hispanic Americana, Native Americans, Asian Pacific Americans, and Asian -Indian Americans) and persons certified as socially and eco- nomically disadvantaged by the Small Busi- ness Administration (SBA) under the SBA's section 8(a) program are presumed to be both socially and economically disadvan- taged. This presumption is rebuttable. This means that, as part of a challenge to the eli- gibility of a firm a recipient has certified under € 23.69 of this regulation. a third party may present evidence that the firm's owners are not truly socially and/or eco- monieally disadvantaged, even though they are members of one of the presumptive groups. Recipients must follow the chal- lenge procedure in 123.69 when a challenge is made, using this appendix for guidance in making determinations under that proce- dure. Under the regulation, anyone who has been certified by SBA under its 8(a) pro- gram as socially and economically disadvan- taged is automatically considered to be a so- cially and economically disadvantaged indi- viduai for purposes of this regulation. How- ever, the absence of an 8(a) certification does not mean that an individual or firm is Ineligible under this regulation. Recipients should continue the existing practice of making their own Judgments about whether an individual is in fact a member of one of the presumptive groups. If an individual has not maintained identifi- cation with the group to the extent that he 194 or she is commonly r member, it is unlikely fact have suffered the which members of the to have experiences. If held himself or herself of one of the groups, member of a communi persons, and would not sons in the population a to the disadvantaged sa should be required to disadvantage on an indiv For example, an indivi strate that he had a Chi, ever, this hypothetical lived in a Chinese-Americ- held himself out to be w. cense or other official rec not previously claimed i American, and would not others in either the Chine munity or non -minority cc Chinese-American (or an Asian -Pacific American) by pearance, culture, )anguag= The recipient should not re ual as an Asian -Pacific Ame Individuals who are not socially and economically d virtue of membership in one may, nevertheless, be founr and economically disadvanta by -case basis. If an individu; his or her business be certifi: disadvantaged business and the recipient, as part of i Process. is responsible for ma nation of social and economi, In making determinations economic disadvantage, recip guided by the following sta have been adopted from mat by the SBA. A. SOCIA. DISADVAN (1) Elementa of Social M order to determine that an li cially disadvantaged, the r conclude that the individual lowing standards: (i) The Individual's social must stem from his or her origin: gender, physical handl residence in an environment the mainstream c`. America other similar ca* e beyond ti control. The i,idivtdual car social disadvantage on the bi which are common to small sons who are not socially disac example, because of their mar Many small ty obtaining credit hroue�� g channels. An individual predic dlsadvantage claim on denial to his or her firm would hav =R Subtitle A (10-1-89 Edition) Type of &M Mam m mrstal recaPfs in preceding 3 %cal years (in mRipfy of data,) .................. ................... istOdial ................. Jrammung ar data proc.4.5 ............._......._........._.......... 4 ntenanee................»....» ».... 7 �Kas..........._............ ._........ 4.5 mentioned in 13 CFR C—GUIDANCE FOR MAKING WINATIONS OF SOCIAL AND 3MIC DISADVANTAGE "aking any determination of conomic disadvantage, the recip. always determine whether a all business concern. If it is not, In is not eligible to be considered aged business, and no further de. is need be made. a definition of 'socially and eco- "sadvantaged individual" used in Of this part, members of the AM (Black AmericansHispanic Native Americans, Asian Pacific and Asian -Indian Americans) s certified as socially and eco. Bust- isttrratioon SBantagedA undertheShe BA s ' program are presumed to be Iy and economically disadvan_ Presumption is rebuttable. This Is Part of a challenge to the eli- firm a recipient has certified 9 of this regulation, a third resent evidence that the firm's not truly socially and/or eco - 'advantaged, even though they *$ of one of the presumptive 'pients must follow the chal- ure in 123.69 when a challenge 9 this appendix for guidance in 'rminations under that proce. regulation, anyone who has d by SBA under its 8(a) pro. 11y and economically dlaadvan- maticaily considered to be a so- momicany disadvantaged indi- Poses of this regulation. How- ,nce of an 8(a) certification that an individual or firm is r this regulation. should continue the existing raking their own Judgments :r an Individual is in fact a ie of the presumptive groups. al has not maintained ident1fl- te group to the extent that he Office of the Secretary of Transportation Pt. 23, Subpt. D, App. C or she is commonly recognized as a group member, it is unlikely that he or she will in fact have suffered the social disadvantage which members of the group are presumed to have experiences. If an individual has not held himself or herself out to be a member of one of the groups, has not acted as a member of a community of disadvantaged persons, and would not be identified by per- sons in the population at large as belonging to the disadvantaged group, the individual should be required to demonstrate social disadvantage on an individual basis. For example, an individual could demon- strate that he had a Chinese ancestor. how- ever, this hypothetical person has never lived in a Chinese-American community, has held himself out to be white for driver's li- cense or other official records purposes, has not previously claimed to be a Chinese- American, and would not be perceived by others in either the Chinese-American com- munity or non -minority community to be a Chinese-American (or any other sort of Asian -Pacific American) by virtue of his ap- pearance, culture, language or associations. The recipient should not regard this individ- ual as an Asian -Pacific American. Individuals who are not presumed to be socially and economically disadvantaged by virtue of membership In one of these groups may, nevertheless, be found to be socially and economically disadvantaged on a case - by -cage basis. If an individual requests that his or her business be certified as an eligible disadvantaged business under Subpart D, the recipient, as part of its certification process, is responsible for making a determi- nation of social and economic disadvantage. In making determinations of social and economic disadvantage, recipients should be guided by the following standards, which have been adopted from materials prepared by the SBA. A. Socxn,DzsAnVAwTAGE (1) Elements of Social Disadvantage. In order to determine that an individual is so- cially disadvantaged, the recipient must conclude that the individual meets the fol- lowing standards: (i) The Individual's social disadvantage must stem from his or her color, national origin; gender, physical handicap; long-term residence in an environment isolated from the mainstream of American society; or other similar cause beyond the individual's control. The individual cannot establish social disadvantage on the basis of factors which are common to small business per- sons who are not socially disadvantaged. For example, because of their marginal financial status, many small businesses have difficul- ty obtaining credit through normal banking channels. An individual predicating a social disadvantage claim on denial of bank credit to his or her firm would have to establish that the denial was besed on one or more of the listed causes, or similar causes—not simply on the individual's or the firm's mar- ginal financial status. (ii) The individual must demonstrate that he or she has personally suffered social dis- advantage. not merely claim membership in a non -designated group which could be con- sidered socially disadvantaged. This can be achieved. for example, by describing specific instances of discrimination which the indi- vidual has experienced, or by recounting in some detail how his or her development in the business world has been thwarted by one or more of the listed causes or similar causes. As a general rule, the more specific an explanation of how one has personally suffered social disadvantage, the more per- suasive it will be. In assessing such facts, the recipient should place substantial weight on prior administrative or judicial findings of discrimination experienced by the individ- ual. Such findings, however, are not neces- sarily conclusive evidence of an individual's social disadvantage; nor are they a prerequi- site for establishing social disadvantage. (lit) The individual's social disadvantage must be rooted in treatment which he or she has experienced in American society, not in other countries. (1v) The individual's social disadvantage must be chronic, longstanding, and substan- tial, not fleeting or insignificant. Typically, a number of incidents illustrating a person's social disadvantage, occurring over a sub- stantial period of time, would be necessary to make a successful claim. Usually, only by demonstrating a series of obstacles which have impeded one's progress In the business world can an individual demonstrate chron- ic, longstanding, and substantial social dis- advantage. (v) The individual's social disadvantage must have negatively affected his or her entry into, and/or advancement in, the busi- ness world. The closer the individual can link social disadvantage to impairment of business op- portunities, the stronger the case. For ex- ample, the recipient should place little weight on annoying incidents experienced by an individual which have had little or no Impact on the person's career or business development. On the other hand, the recipi- ent should place greater weight on concrete occurrences which have tangibly disadvan- taged an individual in the business world. (2) Evidence of Social Disadvantage. The recipient should entertain any relevant evi- dence in support of an individual's claim of social disadvantage. In addition to a person- al statement from the individual claiming to be socially disadvantaged, such evidence may include, but is not limited to: third party statements; copies of administrative or judicial findings of :;crimination; and 195 Pt. 23, Subpt. D, App. D 49 CFR Subtitle A (10-1-89 Edition) Office of the Secretary o other documentation in support of matters discussed in the personal statement. The re- cipient should particularly consider and place emphasis on the following experiences of the individual, where relevant: education. employment, and business history. However, the individual may present evidence relating to other matters as well. Moreover, the at- tainment of a quality education or Job should not absolutely disqualify the individ- ual from being found socially disadvantaged if sufficient other evidence of social disad- vantage is presented the recipient. (i) Education The recipient should con- sider, as evidence of an individual's social disadvantage. denial of equal access to busi- ness or professional schools; denial of equal seem to curricula; exclusion from social and professional association with students and teachers; denial of educational honors; social patterns or pressures which have dis- couraged the individual from pursuing a professional or business education; and other similar factors. (ii) Employment The recipient should consider, as evidence of an individual's social disadvantage. discrimination In hiring; discrimination in promotions and other aspects of professional advancement; discrimination in pay and fringe benefits; discrimination in other terms and condi- tions of employment; retaliatory behavior by an employer, social patterns or pressures which have channelled the individual Into non-professional or non -business fields; and other similar factors. (iii) Business History. The recipient should consider. as evidence of an individ- ual's social disadvantage, unequal access to credit or capital; acquisition of credit under unfavorable circumstances; discrimination In receipt (award and/or bid) of government contracts; discrimination by potential cli- ents; exclusion from business or profession- al organizations; and other similar factors which have retarded the individual's busi- ness development. B.Ecowohac DIsA)vANTAGS Recipients should always make a determi- nation of social disadvantage before Pro- ceeding to make a determination of econom- ic disadvantage. If the recipient determines that the individual is not socially disadvan- taged, it is not necessary to make the eco- nomic disadvantage determination. As a general rule, economically disadvan- taged Individuals are socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit oppor- tunities, as compared to others in the same or similar line of business and competitive market area who are not socially disadvan- taged In determining the degree of dimin- ished credit and capital opportunites of a so- cially disadvantaged individual, consider- ation will be given to both the disadvan- taged Individual and the applicant concern with which he or she is affiliated. in considering the economic disadvantage of firms and owners, it is Important for re- cipients to understand that they are making a comparative judgment about relative dis- advantage. Obviously, someone who is desti- tute Is not likely to be in any position to own a business. The test is not absolute dep- rivation, but rather disadvantage compared to business owners who are not socially dis- advantaged individuals and firms owned by such individuals. It is the responsibility of applicant firms and their owners to provide information to the recipient about their economic situation when they seek eligibility as disadvantaged businesses. Recipients are encouraged to become as knowledgeable as they can about the types of businesses with which they deal, so that they can mate a reasonably in- formed comparison between an applicant firm and other firms in the same line of business. Recipients are not required to make a detailed. point -by -point, accountant - like comparison of the businesses involved. Recipients are expected to make a basic judgment about whether the applicant firm and its socially disadvantaged owner(s) are In a more difficult economic situation than most firms (including established firms) and owners who are not socially disadvantaged OTaea EI.IGramzz r ComsiD RATIONS It is very important for recipients to real- ize that making a determination of social and economic disadvantage, standing alone, does not mean that a firm is eligible. The re- cipient must also determine that the firm is 51 percent owned by socially and economi- cally disadvantaged individuals and that these Individuals control the firm. In malting these latter determinations, recipi- ents should continue to follow §§ 23.51-23.53 of Subpart C of 49 CFR Part 23. If a firm or other party believes that anY recipient's social and economic disadvantage determination is In error. the firm or party may make an administrative certification appeal to the Department as provided in 49 CFR 23.55. APPENDIx D—JUSTMCATION FOR RE- QUESTS FOR APPROVAL OF OVERALL GOAts OF LESS TIIA' : TEm PERCENT The purpose of a Justification for a re- quest for approval of an overall goal of less than ten percent Is to explain why the goal requested by the recipient is the reasonable expectation for the participation of disad- vantaged businesses in the recipient's DOT' assisted contracts. The justification has taro basic elements. First. the recipient should 196 show that it is doing as much crease disadvantaged busines, to at least a ten percent lev recipient should show that, g ability of disadvantaged buss, quested goal is the reasonab; for the level of disadvantaged ticipation that these efforts obtain. With respect to the specific the justification listed in § 2- partment offers the following ally in the form of questions ti which will help the Departmen formed decision. It should be that this material is guidance, ; tended to create a regulatory or a mandatory list of the con cipient's submissions. However, the Department to make exp: well-informed decisio is If recipi reasonably complete and detail tion. Doing so will alf,) facilitate by the Department t -n addition cipients can increase Oisadvanta= Participation. (a) Efforts to locate dtsadvan nessea. What contacts has th made with sources of informatio, advantaged businesses (such a_ contractors, associations, the Cor Partment's Minority Business D= Administration. DOT Office of Disadvantaged Utilization (and It Management Centers), and other directories of disadvantaged bust what geographic areas has it locate additional disadvantaged i Have these or other informatio Produced additional names of disa, businesses potentially available t. the recipient's DOT -assisted contz: follow-up was done with respect firms? (b) Efforts to make disadvantc nesses aware of contracting opp( tat steps does the recipient talo 3lications, advertising, pre-bi( !es, direct contact, putting disac Finesses in touch with firms tha prime contracts, and other me advantaged businesses know abc *ntracting and subcontracting es as they arise? (Activity of th, recipient is important because,. es. disadvantaged businesses mi L Position to learn of contractil Ities through informal commu works available to non-disad is.) ) Initiatives to encourage anc advantaged businesses. What L ent doing to assist the forma wth of disadvantitged firms, It I as training, technical assistant assistance and involvement rtes of support (such as the FH' sr-- CFR Subtitle A 00-1-89 Edition) office of the Secretary of Transportation Pt. 23, Subpt. D, App. D -vill be given to both the disadvan. ndividuwl and the applicant concern Bich he or she is affiliated. nsidering the economic disadvantage s and owners, It is important for re. to understand that they are making trative judgment about relative dis. ,e. Obviously, someone who is desti. ,lot likely to be in any position to isiness. The test is not absolute dep. but rather disadvantage compared less owners who are not socially dis. aged individuals and firms owned by dividuala the responsibility of applicant firms eir owners to provide information to Mient about their economic situation hey seek eligibility as disadvantaged les. Recipients are encouraged to as knowledgeable as they can about ,es of businesses with which they that they can make a reasonably in. comparison between an applicant other firms in the same line of Recipients are not required to Mailed, point -by -point, accountant. )arison of the businesses involved. .s are expected to make a basic t about whether the applicant firm socially disadvantaged owner(s) are -e difficult economic situation than :ns (including established firma) and ,*ho are not socially disadvantaged. FR ELfantn.mr CONSIURATtONS -Y Important for recipients to real. making a determination of social omic disadvantage, standing alone. mean that a firm is eligible. The re. ust also determine that the firm is A owned by socially and economi- .dvantaged individuals and that ?ividuals control the firm. In :ese latter determinations, rectpi- 1 continue to follow §f 23.51-23.53 C of 49 CFR Part 23. or other party believes that any social and economic disadvantage Ltion is in error, the firm or party an administrative certification the Department as provided in 49 D—JIISTIFICATION FOR RE - _S FOR APPROVAL OF OVERALL S OF LESS THAN TEN PERCENT )ose of a Justification for a re- 'Proval of an overall goal of less rcent Is to explain why the goal Y the recipient is the reasonable for the participation of asad- Isinesses in the recipient's DOT. "tracts. The Justification has two tints. First, the recipient should show that it is doing as much as it can to in- crease disadvantaged business participation to at least a ten percent level. Second, the recipient should show that, given the avail- ability of disadvantaged businesses. the re- quested goal is the reasonable expectation for the level of disadvantaged business par- ticipation that these efforts are likely to obtain. With respect to the specific elements of the Justification listed in g 23.65, the De- partment offers the following guidance, usu- ally In the form of questions the answers to which will help the Department make an In- formed decision. It should be emphasized that this material is guidance, and is not in- tended to create a regulatory requirement or a mandatory list of the contents for re- cipient's submissions. However, it will help the Department to make expeditious and well-informed decisions if recipients provide reasonably complete and detailed informa- tion. Doing so will also facilitate suggestions by the Department on additional ways re- cipients can increase disadvantaged business participation. (a) Efforts to locate disadvantaged busi- nesses What contacts has the recipient made with sources of information about dis- advantaged businesses (such as minority contractors, associations, the Commerce De- partment's Minority Business Development Administration, DOT Office of Small and Disadvantaged Utilization (and its Program Management Centers), and other recipients' directories of disadvantaged businesses)? In what geographic areas has It sought to locate additional disadvantaged businesses? Have these or other information sources produced additional names of disadvantaged businesses potentially available to work on the recipient's DOT -assisted contract? What follow-up was done with respect to these firms? (b) Efforts to make disadvantaged busi- nesses aware of contracting opportunities. What steps does the recipient take through publications, advertising, pre-bid confer- ences. direct contact. putting disadvantaged businesses in touch with firms that may bid on prime contracts, and other means to let disadvantaged businesses know about specif. ic contracting and subcontracting opportu- nities as they arise? (Activity of this kind by the recipient Is important because, in many cases, disadvantaged businesses may not be in a position to learn of contracting oppor- tunities through informal communications networks available to non -disadvantaged firms.) (c) Initiatives to encourage and develop disadvantaged businesses. What is the re- cipient doing to assist the formation and growth of disadvantaged firms, by means such as training, technical assistance, finan. cial assistance and involvement of other sources of support (such as the FHWA Sup - portio.; Services Program and other Federal. state, or local agencies and associations)? What has the recipient done to facilitate the ability of disadvantaged businesses to perform contracts (e.g., splitting a large con- tract or project into smaller segments that disadvantaged businesses can more readily perform)? (d) Legal or other barriers to disadvan- taged business participation. What specific barriers to disadvantaged business participa. tion has the recipient identified? (Common barriers include bonding, prequalification and licensing requirements; difficulty in ob- taining financing: any state or local residen- cy requirement or preference, or any other formal or informal limitations on the area from which disadvantaged businesses are sought; and the reluctance of some mem- bers of the non -disadvantaged contracting community to use firms owned and con- trolled by socially and economically disad- vantaged persons.) What is the recipient doing about the barriers it has identified? (Examples of efforts to overcome or miti- gate the effect of these barriers Include changes to or exceptions from state or local requirements as they affect disadvantaged businesses, technical or financial assistance to disadvantaged businesses to help them meet existing requirements, or cooperative efforts with financial In- titutions and non - minority contractors' assuciations.) (e) The availability a!C isadvantaged busi- nesses. How many disadvantaged businesses are available to perform , iork for the recipi- ent on DOT -assisted contracts? The starting point for the recipient's information should be Its directory or list of certified disadvan- taled businesses. The number of firms in th.s directory may not give a complete Pic- ture, however. Disadvantaged firms in other jurisdictions, not currently certified by the recipient, may be willing and able to work on the recipient's contracts. On the other hand, firms in the directory may have limit- ed availability (e.g., lack of interest In the recipient's work, other commitments, limita- tions of the amount of work they can handle). In some cases (e.g., where a state spends a large portion of its funds on a single large project requiring very special- ized contractors), the availability of work that disadvantaged firms can perform could be a limitation. The recipient, as appropri- ate, should discuss these factors as they affect a determination of the reasonable ex- pectation for disadvantaged business partici- pation in its DOT -assisted contracts. The recipient should not only advise the Department how many disadvantaged firms exist, but also analyze the dollar volume of the recipient's work the available firms are likely to be able to perform in the fiscal year (or other period) in question. 197 § 23.73 (f) Size and other characteristics of the re- cipient's jurisdiction's minority population. What is the size of the minority population of the recipient's jurisdiction? (In some cases, not only the size but also the compo- sition or residence pattern of the minority population may be relevant). Where rele- vant, what is the size of the minority popu- lation of nearby jurisdictions? Minority population is usually not an exact index of the availability of disadvan- taged businesses. In some cases, disadvan- taged business participation levels for vari- ous recipients have ranged well above or below the minority population of the juris- dictions involved. In any event, recipients should tie any assertions they make on the basis of minority population to the effect they believe it has on disadvantaged busi- ness availability. (g) Views and information fiom the con- sultation process. With whom has the recip- ient consulted and what did the consulted parties say with respect to anything in para- graph (a) -(f)? In particular, what were the views of and information provided by the disadvantaged business community concern- ing the availability of such firms, barriers to their participation and what is needed to overcome them, the efficacy of the recipi- ent's efforts to increase disadvantaged busi- ness participation and what could be done to improve these efforts? Subpart E—Compliance and Enforcement § 23.73 Complaints. (a) Filing. Any person who believes himself or herself, another person, or any specific class of individuals to be subjected to a violation of this part may file a complaint in writing, signed and dated, with the Department. The complaint shall be filed no later than 180 days after the date of an alleged violation or the dates on which a con- tinuing course of conduct in violation of this part was disclosed. The Secre- tary may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. (b) Investigations. The Secretary en- sures that a p^ompt investigation ir- made pursurric to prescribed DOT Title VI investigation procedures. (c) Cooperation in investigation. The respondent to the complaint shall cooperate fully with the investigation. Failure or refusal by the respondent to furnish requested information or 49 CFR Subtitle A (10-1-89 Edition) other failure to cooperate is a viola- tion of this part. (d) Determinations. Upon comple- tion of the investigation, the Secretary informs the recipient or contractor and complainant of the results of the investigation in writing. If the investi- gation indicates a failure to comply with this part, the conciliation proce- dures of 123.81 and, if necessary, the enforcement procedures of 3 23.83 are followed. (e) Intimidation or retaliation acts prohibited. No recipient, contractor, or other person shall intimidate, threat- en, coerce. or discriminate against any individual for the purpose of interfer- ing with any right or privilege secured by this part, or because he or she made a complaint, testified, assisted. or participated in any manner in an in- vestigation, proceedin;, or hearing under this part. The identity of com- plainants shall be kept confidential at their election during the conduct of any investigation, proceeding, or hear- ing under this part. But when such confidentiality is likely to hinder the investigation the complainant shall be advised for the purpose of waiving the privilege. § 23.75 Compliance reviews of recipients. (a) Desk audit. All compliance re- views conducted after financial assist- ance has been approved or contracts have been awarded begin with a desk audit. The desk audit is a review of all material and information concerning the recipient's MBE performance. (b) On-site review. An on-site review includes interviews, visits to project or facility sites receiving DOT funds, and inspection of any statistical or docu- mentary materials relevant to the re- cipient's performance which were not available for review during the desk audit. (c) Cooperation. The recipient shall cooperate fully with these reviews. Failure or refusal to furnish requested Information or failure to cooperate is a violation of this part. (d) Determination. As a result of its review of the recipient, the Depart- mental element civil rights staff makes one of the following determina- tions: 198 Office of the Secretary (1) The recipient is with its MBE obligation. (2) There is reasonab lieve that the recipient pliance with its MBE certain specified respect shall be begun in acc § 23.81 and, if necessary, §23.81 Conciliation proce._ � cial assistance program: (a) Reasonable cause ever the responsible of rights makes a determin sonable cause to believe ent is in noncompliance sent promptly and in wrj: tered mail, return recei? describing the areas of nc requiring the applicant oi show cause within 30 d forcement proceedings or Priate action to ensure should not be instituted 1 the recipient an opportuni late. The responsible oft rights shall pursue concilit for at least 30 days from the reasonable cause notice (1) Successful conciliatic ciliation agreement is sign Departmental element's of rights and recipient, it is a disapproved by the head Partmental element within receiving it. If the head of t mental element disapproves Ment, the reasons therefor In writing. The head of t' mental element may prop( ments to the agreement wh: warded to the recipient, reqs recipient's acceptance or n i the amended agreement ( days of receipt. (2) Unsuccessful conciliar agreement is signed within i the notice of reasonable cau meat proceedings set forth begin. The head of the r i office of civil rights, upon determination that an add days are needed to complet tion, may extend the ci Period for 30 days. Subsequ sions may be made upon sup determinations. The deter shall include reasons for the X1. ¢' JK7 Y I _R Subtitle A (10-1-89 Edition) l'?.x' tilure to cooperate is a viola. his part. ,terminations. Upon comple. lie investigation, the Secretary the recipient or contractor lainant of the results of the on in writing. If the invests. licates a failure to comply Part, the conciliation proce- 23.81 and, if necessary, the ent procedures of g 23.83 are imidation or retaliation acts d. No recipient, contractor, or rson shall intimidate, threat- , or discriminate against any 1 for the purpose of interfer. Lny right or privilege secured ,art, or because he or she )mplaint, testified, assisted, Ued in any manner in an in. Proceeding, or hearing Part. The identity of com. Rall be kept confidential at ion during the conduct of igation, proceeding, or hear. this part. But when such ality is likely to hinder the on the complainant shall be the purpose of waiving the -"pliance reviews of recipients. audit. All compliance re- acted after financial assist. een approved or contracts ,warded begin with a desk esk audit is a reviQw of all 3 information concerning c's MBE performance. e review. An on-site review erviews. visits to project or ; receiving DOT funds, and :)f any statistical or docu- tterials relevant to the re- -formance which were not r review during the desk •ation. The recipient shall 'illy with these reviews. fusal to furnish requested ,r failure to cooperate is a is part. -cation. As a result of its recipient, the Depart- :ent civil rights staff the following determina- Office of the Secretary of Transportation (1) The recipient is in compliance with its MBE obligations; or (2) There is reasonable cause to be. lieve that the recipient is not in com- pliance with its MBE obligations in certain specified respects. Proceedings shall be begun in accordance with § 23.81 and, if necessary, 4 23.83. 3 23.81 Conciliation procedures for Finan. cial assistance programs. (a) Reasonable cause notiee. When- ever the responsible office of civil rights makes a determination of rea- sonable cause to believe that a recipi- ent is in noncompliance, a notice is sent promptly and in writing by regis- tered mail, return receipt requested, describing the areas of noncompliance requiring the applicant or recipient to show cause within 30 days why en- forcement proceedings or other appro- priate action to ensure compliance should not be instituted and offering the recipient an opportunity to concil- iate. The responsible office of civil rights shall pursue conciliation efforts for at least 30 days from the date of the reasonable cause no :ice. (1) Successfia conciliation. If a con- ciliation agreement is Signed by the Departmental element'r office of civil rights and recipient, it is approved or disapproved by the head of the De- partmental element within 20 days of receiving it. If the head of the Depart- mental element disapproves the agree- ment, the reasons therefor are stated in writing. The head of the Depart- mental element may propose amend- ments to the agreement which are for- warded to the recipient, requesting the recipient's acceptance or rejection of the amended agreement within 20 days of receipt. (2) Unsuccessful conciliation. If no agreement is signed within 120 days of the notice of reasonable cause enforce- ment proceedings set forth in 4 23.83 begin. The head of the responsible office of civil rights, upon a written determination that an additional 30 days are needed to complete concilia- tion, may extend the conciliation period for 30 days. Subsequent exten- sions may be made upon such written determinations. The determinations shall include reasons for the extension § 23.85 and shall be provided to the complain- ant and respondent. (b) Effect of conciliation agreement. If a conciliation agreement is ap- proved, the existence of the determi- nation of noncompliance does not act as a bar to the provision of financial assistance as long as the terms of the agreement are fulfilled. A compliance review is conducted by the Depart- ment element within nine months of the approval of an agreement. 8 23.83 Enforcement proceedings for fi. nancial assistance programs. (a) Whenever conciliation efforts pursuant to 123.81 are unsuccessful. enforcement proceedings begin. These proceedings are conducted in accord- ance with the Department's proce- dures for enforcing Title VI (49 CFR Part 21). (b) A finding of noncompliance and the imposition of any sanction pursu- ant to these proceedings is binding on all other Departmental elements. Sanctions are limited to the recipient with respect to whom the noncompli- ance finding has been made and to the particular program or activity, or part thereof, in which noncompliance has been found. 123.85 Emergency enforcement proce- dure. (a) General. Whenever the Secretary determines that the conciliation and enforcement proceedings set forth in $1 23.81 and 23.83 will not result in the timely and adequate enforcement of the provisions of this part, he/she ini- tiates special enforcement procedures to obtain compliance. (b) Emergency reasonable cause notice. A notice is sent, registered mail, return receipt requested, describ- ing the areas of alleged noncompli- ance, setting forth the reasons why the normal course of conciliation and enforcement pursuant to JJ 23.81 and 23.83 will not result in timely and ade- quate enforcement, and requiring the recipient to show cause, within a speci- fied period of time, generally not to exceed 15 days, why appropriate action, described in the notice, to ensure compliance should not be taken. The notice states that the re - 199 § 23.87 cipient must respond in writing or orally on the record before an official appointed by the Secretary or the pro- posed action will be taken. (c) Decision. If the Secretary, after reviewing the recipient's oral or writ- ten response, determines that such action Is necessary, he/she orders that all or any part of the contracting ac- tivities of the recipient affected by the recipient's alleged noncompliance be halted until the matter is resolved under 123.81 or § 23.83. The Secre- tary's action under this paragraph may not affect any contract already awarded. When the Secretary makes an order under this paragraph, resolu- tion of the matter shall proceed on an expedited basis. 1123.87 Suspension and debarment; refer- ral to the Departme zt of Justice. (a) If, at any time, any person has reason to believe th.1 any person or firm has willfully and knowingly pro- vided incorrect information or made false statements, or otherwise acted in a manner subjecting that person or firm to suspension or debarment at tion under 49 CFR Part 29, he or she may contact the appropriate DOT element concerning the existence of a cause for suspension or debarment, as provided in 49 CFR 29.17. (b) Upon the receipt of information indicating a violation of 18 U.S.C. 1001, or any other Federal criminal statute, the Department may refer the matter to the Department of Justice for appropriate legal action. 150 FR 18494, May 1. 19851 Scmmu= A—INFORMATION FOR DETER- MINING MINORITY Busiwws ENTER- PRISE ELIGIBILITY 1. Name of firm 2. Address of firm 3. Phone Number of firm 4. Indicate whether firm is sole proprietor. ship, partnership, joint venture, corpora- tion or other business entity (please speci. fy) 5. Nature of firm's business 6. Years firm has been in business 7. Ownership of firm: Identify those who own 5 percent or more of the firm's owner- ship. Colunum a and f need be filled out 49 CFR Subtitia A (10-1-89 Edition) only if the firm is less than 100 percent mi- nority owned. With firms less than 100 percent minority owned, list the contributions of money, equipment, real estate, or expertise of each of the owners. 8. Control of firm: (a) Identify by name, race, sex, and title in the firm those individ- uals (including owners and non -owners) who are responsible for day-to-day management and policy decisionmaking, including, but not limited to, those with prime responsibil- ity for. (1) Financial decisions (2) Management decisions, such as— a. Estimating b. Marketing and sales c. Hiring and firing of management per- sonnel d. Purchases of major items or supplies — (3) Supervision of field operations 9. For each of those listed in question 8, provide a brig summary of the person's ex- perience and number of years with the firm, Indicating the person's qualifications for the responsibilities given him or her. 10. Describe or attach a copy of any stock options or other ownership options that are outstanding, and any agreements between owners or between owners and third parties which restrict ownership or control of mi- nority owners. 11. Identify any owner (see item 7) or management official (see item 8) of the named firm who is or has been an employee of another firm that has an ownership in- terest in or a present business relationship with the named firm. Present business rela- tionships include shared space, equipment, financing, or employees as well as both firms having some of the same owners. 12. What are the gross receipts of the firm for each of the last two years? Year ending t Year ending s 13. Name of bonding company, if any: -- Bonding limit Source of letters of credit. if any 14. Are you authorized to do business in the state as well as locally, including all nec- essary business licenses? 200 Office of the Secretary o 15. Indicate if this firm with any of the same officers ly received or been denied Participation as an MBE an circumstances. Indicate the n- tifying authority and the dat4 fication or denial. AFFIDAVIT "The undersigned swears th Ing statements are true and c clude all material informatior identify and explain the r (name of firm) as well ship thereof. Further, the agrees to provide through th tractor or, if no prime, directly ee current, complete and accw tion regarding actual work p the project, the payment they: Proposed changes, if any, of t. arrangements and to permit ti examination of books, records the named firm. Any material tation will be grounds for t •a contract which may be awa: :d Listing action under Feder or concerning false statements." Nora If, after filing this Sch€ before the work of this firm is cc the contract covered by this there is any significant change b oration submitted, you must i grantee of the change through contractor or, if no prime contras the grantee directly. Signature Name Title Date Corporate Seal (where appropri: Date - State of County of On this — day of —, 19—, beh peared (Name) , to me known, who, being duly sworn, d the foregoing affidavit, and did he or she was properly authorized of firm) to execute the aff did so as his or her free act and de (Seal) Notary Public Commission expires ScMMULg B—INFORMATION FO] MINING JOINT VENTURE ELI (This form need not be filled in 1 venture firms are minority owned.) 1. Name of joint venture 2- Address of,joint venture --- 3. Phone number of Joint venture b— Sax c—Gamer- d— Yeas of e— Ownership f_ voting Naa me Race percentage nw eetaga With firms less than 100 percent minority owned, list the contributions of money, equipment, real estate, or expertise of each of the owners. 8. Control of firm: (a) Identify by name, race, sex, and title in the firm those individ- uals (including owners and non -owners) who are responsible for day-to-day management and policy decisionmaking, including, but not limited to, those with prime responsibil- ity for. (1) Financial decisions (2) Management decisions, such as— a. Estimating b. Marketing and sales c. Hiring and firing of management per- sonnel d. Purchases of major items or supplies — (3) Supervision of field operations 9. For each of those listed in question 8, provide a brig summary of the person's ex- perience and number of years with the firm, Indicating the person's qualifications for the responsibilities given him or her. 10. Describe or attach a copy of any stock options or other ownership options that are outstanding, and any agreements between owners or between owners and third parties which restrict ownership or control of mi- nority owners. 11. Identify any owner (see item 7) or management official (see item 8) of the named firm who is or has been an employee of another firm that has an ownership in- terest in or a present business relationship with the named firm. Present business rela- tionships include shared space, equipment, financing, or employees as well as both firms having some of the same owners. 12. What are the gross receipts of the firm for each of the last two years? Year ending t Year ending s 13. Name of bonding company, if any: -- Bonding limit Source of letters of credit. if any 14. Are you authorized to do business in the state as well as locally, including all nec- essary business licenses? 200 Office of the Secretary o 15. Indicate if this firm with any of the same officers ly received or been denied Participation as an MBE an circumstances. Indicate the n- tifying authority and the dat4 fication or denial. AFFIDAVIT "The undersigned swears th Ing statements are true and c clude all material informatior identify and explain the r (name of firm) as well ship thereof. Further, the agrees to provide through th tractor or, if no prime, directly ee current, complete and accw tion regarding actual work p the project, the payment they: Proposed changes, if any, of t. arrangements and to permit ti examination of books, records the named firm. Any material tation will be grounds for t •a contract which may be awa: :d Listing action under Feder or concerning false statements." Nora If, after filing this Sch€ before the work of this firm is cc the contract covered by this there is any significant change b oration submitted, you must i grantee of the change through contractor or, if no prime contras the grantee directly. Signature Name Title Date Corporate Seal (where appropri: Date - State of County of On this — day of —, 19—, beh peared (Name) , to me known, who, being duly sworn, d the foregoing affidavit, and did he or she was properly authorized of firm) to execute the aff did so as his or her free act and de (Seal) Notary Public Commission expires ScMMULg B—INFORMATION FO] MINING JOINT VENTURE ELI (This form need not be filled in 1 venture firms are minority owned.) 1. Name of joint venture 2- Address of,joint venture --- 3. Phone number of Joint venture CFR Subtitla A (10-1-89 Edition) f the firm is less than 100 percent mi. owned. d— b-- Years e—ERace c—Sex of Ownershipowner- percentage irms less than 100 percent minority list the contributions of money. tient, real estate, or expertise of each owners. )ntrol of firm: (a) Identify by name, t'x, and title In the firm those individ- icluding owners and non -owners) who ponsible for day-to-day management )licy decisionmaking, including, but ited to, those with prime responsibil. uncial decisions nagement decisions, such as— mating keting and sales 1 rig and firing of management per. -chases of major items or supplies — :pervision of field operations r each of those listed in question 8, a brie,/ summary of the person's ex. e and number of years with the firm, ng the person's qualifications for the ibilities given him or h, r. 'scribe Or attach a copy of any stock or other ownership op ions that are ding. and any agreements between or between owners and third parties estrict ownership or control of mi- ..-ners. ratify any owner (see item 7) or ent official (see item 8) of the mi who is or has been an employee .er firm that has an ownership in - or a present business relationship named firm. Present business rela. include shared space, equipment, g, or employees as well as both ving some of the same owners. gat are the gross receipts of the firm of the last two years? ling ting e of bonding company, if any: — mit ietters of credit, if airy You authorized to do business in well as locally, including all nec. "tress licenses? Office of the Secretary of Transportation 15. Indicate if this firm or other firms with any of the same officers have previous- ly received or been denied certification or participation as an MBE and describe the circumstances. Indicate the name of the cer. tifying authority and the date of such certi- fication or denial. ArrIDAVIr "The undersigned swears that the forego- ing statements are true and correct and in- clude all material information necessary to Identify and explain the operations of (name of firm) as well as the owner- ship thereof. Further, the undersigned agrees to provide through the prime con- tractor or. if no print. directly to the grant- ee current. complete and accurate informa- tion regarding actual work performed on the project, the payment therefor and any proposed changes, if any, of the foregoing arrangements and to permit the audit and examination of books, records and files of the named firm. Any material misrepresen- tation will be grounds for terminating any contract which may be awarded and for ini- tiating action under Federal or State laws concerning false statements." Nora If, after filing this Schedule A and before the work of this firm is completed on the contract covered by this regulation, there is any significant change in the infor- mation submitted, you must inform the grantee of the change through the prime contractor or, if no prime contractor, inform the grantee directly. Signature Name Title Date Corporate Seal (where appropriate). Date State of County of On this — day of —, 19—, before me ap- peared (Name) , to me personally known, who. being duly sworn, did execute the foregoing affidavit. and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed (Seal] Notary Public Commission expires ScHzDuLE B—INFORMATION roR DETER- MINING .loINT VENTIIRE ELIGIBILITY (This form need not be filled in If all joint venture firms are minority owned) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture Pt. 23, Schedule d 4. Identify the firms which comprise the Joint venture. (The MBE partner must complete Schedule A.) (a) Describe the role of the MBE firm in the Joint venture. — (b) Describe very briefly the experience and business qualifications of each non - MBE Joint venturer. 5. Nature of the Joint venture's business — 8. Provide a copy of the Joint venture agreement. 7. What is the claimed percentage of MBE ownership? S. Ownship of Joint venture: (This need not be filled in if described in the Joint ven- ture agreement, provided by question 6.) (a) Profit and loss sharing. (b) Capital contributions. including equip- ment. (c) Other applicable ownership interests. 9. Control of and participation in this con- tract. Identify by name. race. sex, and "firm" those individuals (and their titles) who are responsible for day -today manage- ment and policy decisionmaking, including. but not limited to, those with prime respon- sibility for. (a) Financial decisions (b) Management decisions, such as: (1) Estimating (2) Marketing and sales (3) Hiring and firing of management per- sonnel (4) Purchasing of major items or supplies (c) Supervision of field operations Noris If, after Ming this Schedule B and before the completion of the Joint venture's work on the contract covered by this regula- tion. there is any significant change in the Information submitted, the joint venture must inform the grantee, either directly or through the prime contractor if the joint venture is a subcontractor. ArrmAVIT "The undersigned swear that the forego- ing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each Joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the grantee current, complete and accurate information regard- ing actual joint venture work and the pay- ment therefor and any proposed changes in any of the Joint venture arrangements and 201 Part 24 49 CFR Subtitle A (10-1-89 Edition) Office of the Secretary of ire to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representa- tives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concern- ing false statements." Name of Firm Name of Firm Signature Signature Name Name Title Title Date Date Date State of County of On this - day of ---. 19-, before me ap- peared (Name) , to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public - Commission expires [Seal] Date - State of County of On this - day of --, 19-, before me ap- peared (Name) - , to me personally known, who, being duly sworn. did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed Notary Public -- Commission expires [Seal] PART 24 --UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS Subpart A --General Sec. 24.1 Purpose. 24.2 Definitions. 24.3 No duplication of payments. 24.4 Assurances, monitoring and corrective action. 24.5 Manner of notices. 24.6 Administration of jointly -funded projects. 24.7 Federal agency waiver of regulations. 24.8 Compliance with other laws and regu- lations. 24.9 Recordkeeping and reports. 24.10 Appeals. Subpart 6 -Real Property Acquisition 24.101 Applicability of acquisition require- ments. 24.102 Basic acquisition policies. 24.103 Criteria for appraisals. 24.104 Review of appraisals. 24.105 Acquisition of tenant -owned im. provements. 24.106 Expenses incidental to transfer of title to the Agency. 24.107 Certain litigation expenses. 24.108 Donations. Subpart C -General Relocation Requirements 24.201 Purpose. 24.202 Applicability. 24.203 Relocation notices. 24.204 Availability of comparable replace- ment dwelling before displacement. 24.205 Relocation planning, advisory serv- ices, and coordination. 24.206 Eviction for cause. 24.207 General requirements -claims for relocation payments. 24.208 Relocation payments not considered as income. Subpart O -Payments for Moving and Related Expenses 24.301 Payment for actual reasonable moving and related expenses -residen- tial moves. 24.302 Fixed payment for moving ex- penses -residential moves. 24.303 Payment for actual reasonable moving and related expenses -nonresi- dential moves. 202 T. Sec. 24.304 Reestablishment expenses dential moves. 24.305 Ineligible moving and re penes. 24.306 Fixed payment for mo - Penes -nonresidential moves. 24.307 Discretionary utility reloca, ments. Subpart E-Replacomont Mousing Pa 24.401 Replacement housing pays= 180 -day homeowner -occupants. 24.402 Replacement housing pay,, 90 -day occupants. 24.403 Additional rules governing went housing payments. 24.404 Replacement housing of last Subpart F -Mobile Homes 24.501 Applicability. 24.502 Moving and related exp mobile homes. 24.503 Replacement housing paym 180 -day mobile homeowner-occup. 24.504 Replacement housing paym� "day mobile home occupants. 24.505 Additional rules governing tion payments to mobile Lome Panta. Subpart G-C@Wkafion 24.601 Purpose. 24.602 Certification application. 24.803 Monitoring and corrective actin Airpmrmx A TO PART 24 -ADDITIONAL I WATION APPZNDIx B TO PARS 24-8TAT1sncAL Ri FORK Av=oarrr. Section 213, Uniform Re tion Assistance and Real Property Ac, tion Policies Act of 1970 Pub. L 91-64 Stat. 1894 (42 U.S.C. 4601) as amende the Surface Transportation and Uni Relocation Assistance Act of 1987, Titl Of Pub. L 100-17, 101 Stat. 246-256 U.S.C. 4601 note). and 49 CFR 1.48(ce). SOURCE 54 FR 8928. Mar. 2. 1989, w Otherwise noted Subpart A --General 3''3.1 Purpose. The purpose of this part is to 1 MUlgate nales to implement the I form Relocation Assistance and R Property Acquisition Policies Act 1970. as amended (42 U.S.C. 4601 see.). in accordance with the follow objectives: a continuous basis and will therefore be closed to aircraft operations intermittently as follows: 1 10/90 GP 80-1 SECTION 80 PROGRESS PROSECUTION AND PR O - 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any Subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her Contract, said assignment shall be concurred in by the Surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all Subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The Notice To Proceed shall state the date on which it is expected the - Contractor will begin the construction and from which date Contract Time will be charged The Contractor - shall notify the Engineer at least twenty-four (24) hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit. his/her progress schedule for the Engineer's approval within ten (10) days after the effective date of the Notice To — Proceed The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the Plans and Specifications within the time set forth in the proposal. _ If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the Contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notib, the Engineer at least twenty-four (24) hours in advance of resuming operations. , The Contractor shall not commence any actual construction prior to the date on which the Notice To Proceed is issued by the Owner. 80-04 L• I]WrATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her Subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the Air Operations Areas (AOA) of the Airport. When the work requires the Contractor to conduct his/her operations within an AOA of the Airport, the work shall be coordinated with Airport Management (through the Engineer) at least forty-eight (48) hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled Barricades, Warning Signs, And Hazard Markings of Section 70.. When the Contract work requires the Contractor to work within an AOA of the Airport on an intermittent , basis (intermittent opening and closing of the AOA), the ContrRetor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacat, the AOA; immediately obey all instructions - to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AOA until the satisfactory conditions are provided The following AOA cannot be closed to operating aircraft to permit the Contractor's operatiors on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: 1 10/90 GP 80-1 I TIME PERIODS TYPE OF COMMUNICATIONS AOA CAN BE REQUIRED WHEN WORKING CONTROL AOA CLOSED IN AOA AUTHORITY See General Provisions Section 80-12, SPECIFIC AIRPORT OPERATING REQUIREMENTS. ' 80-06 TEMPORARY SUSPENSION n' THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the Contract and over which the Contractor has no control, the Contractor 1 10/90 GP 80-2 The Contractor shall not commence new work that would be prejudicial to work already started. 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the Contract, Plans, and Specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any Subcontractor who, in the opinion of the Engineer, does not perform his/her work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or Subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Engineer. Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed ' in the Contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the Contract, Plans, and Specifications. ' When the Contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the Contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with Contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet Contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the Contract Items involved nor in Contract Time as a result of authorizing a change in methods or equipment under this Subsection. ' 80-06 TEMPORARY SUSPENSION n' THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the Contract and over which the Contractor has no control, the Contractor 1 10/90 GP 80-2 ri may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the j Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the Contract, Plans, or Specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures, where necessary, to provide for traffic on, to, or from the Airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and Contract and shall be known as the Contract Time. Should the Contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. Contract Time based on Working Days shall be calculated weel-ly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the Contract Time during the week and the number of working days currently specified for completion of the Contract (the original Contract Time plus the number (f working days, if any, that have been included in approved Change Orders or Supplemental Agreements covering Extra Work). The Engineer shall base his/her weekly statement of Contract time charged on the following considerations: 1. No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least six (6) hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, twelve (12) hours shall be used. Should the normal work force be on a triple -shift, eighteen 08) hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the Contract Time. 2. The Engineer will not make charges against the Contract Time prior to the effective date of the Notice To Proceed. 3. The Engineer will begin charges against the Contract Time on the first working day after the - effective date of the Notice To Proceed. 4. The Enor�r will not make charges against the Contract Time after the date of final acceptance as defin -.1 in the subsection tit:ad FINAL ACCEPTANCE of Section 50. 5. The Contractor will be allowed one (1) week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. 10/90 GP 80-3 1 1 1� 1 l] 1 1 L The Contract Time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the Contract require performance of work in greater quantities than those estimated in the proposal, the Contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in Contract Time shall not consider either the cost of work or the extension of Contract Time that has been covered by Change Order or Supplemental Agreement and shall be made at the time of final payment. B. Contract Time based on Calendar Days shall consist of the number of calendar days stated in the Contract counting from the effective date of the Notice To Proceed and including all Saturdays, Sundays, holidays, and non -work days. All calendar days elapsing between effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the Contract Time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the Contract Time shall not consider either the cost of work or the extension of Contract Time that has been covered by a Change Order or Supplemental Agreement. Charges against the Contract Time will cease as of the date of final acceptance. C. When the Contract Time is a specified completion date, it shall be the date on which all Contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the Contract Time as specified, or as extended in ar:ordance with the provisions of this subsection, he may, at any time prior to the expiration of the Contract Time as extended, make a written request to the Engineer for an extension of time setting forth the reasons whic.1 he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall t ien be in full force and effect, the same as though it were the original time for completion. If the Contractor is delayed in the completion of the work by any act or neglect of the Owner, or any employee of the Owner or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer and Owner may decide. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the Contract, that any part of the work remains uncompleted after the Contract Time (including all extensions and adjustments as provided in the subsection titled Determination and Extension of Contract Time of this section), the sum of nine hundred dollars ($900.00) per day will be deducted from any money due or to become due the Contractor or his/her Surety or both. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the Owner should the Contractor fail to complete the work in the time specified in the Contract. The damage stipulated above is to be deducted from any monies due the Contractor as liquidated damages for the loss to the Owner on account of the expense due to the employment of Engineers and their assistants and to any other expenses after the expiration of completion time set forth by the Engineer. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver on the part of the Owner of any of its rights under the Contract. 1 10/90 GP 80-4 Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the 10/90 GP 80-5 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her Contract and such default will be considered as cause for the Owner to terminate the Contract for any of the following reasons if the Contractor: A. Fails to begin the work under the Contract within the time specified in the "Notice To Proceed", or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the Contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform any such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of ten (10) days, or H. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer con rider the Contractor in default of the Contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's Surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the Contract. If the Contractor or Sure :y, within a period of ten 00) days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without viola ing the Contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under Contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the Construction Contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. , Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the 10/90 GP 80-5 I work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the Contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her Surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 GENERA_. AIRPORT OPERATING REQUIREMENTS. During the time that the Contractor is performing the work, the terminal apron, taxiways and runways at the Airport will remain in use by aircraft, to the extent permitted by the Owner and the Federal Aviation Administration. The use of runways and taxiways by aircraft, adjacent to areas where the Contractor is working, will be so scheduled as to reduce disturbance to the Contractor's operations but no representation or guarantee is made as to the extent to which disturbance can or will be reduced. In any event, the aircraft operation shall always have priority over any and all of the Contractor's operations and the Contractor shall not allow his/her employees, Subcontractors, materialmen or any other persons over whom he has control to enter or remain upon or allow any plant or materials to be brought or to remain upon any part of the Airport, which in the opinion of the Owner or the Federal Aviation Administration would be a hazardous location. Because of the arrivals and departures of aircraft, the Owner makes no representation as to the periods of time when conditions at or near the runways or elsewhere at the Airport will be such as to permit the work to be performed without interruption or as to when any work can be performed and completed. Arrivals and departures of airplanes are under the control of the Airport and emergencies and operating conditions may necessitate sudden changes both in airport operations and in the operations of the Contractor. Should runways or taxiways be required for the use of aircraft and should the Owner or the Federal Aviation Administration deem the Contractor to be too close to the portion used by aircraft for safety, the Engineer may order the Contractor to cease his/her operations, remove his/her personnel, plant equipment or materials to a safe distance and standby until the runway and taxiway are no longer required for use by aircraft. The Contractor will not be permitted to enter upon any area of the landing strips unless accompanied by a representative of the Owner designated by the Engineer to escort the Contractor's men and equipment to the point or points of operations within the limits of such areas, and he shall not traverse back and forth between points within such areas unless accompanied by said representatives. The Contractor shall take all precautions necessary to insure the safety of operating aircraft as well as his/her own equipment and personnel. Special considerations must be given to aircraft operations. The Contractor shall obey all instructions as to routes to be taken by equipment traveling within the airport areas and keep �( all such equipment marked as noted herein. The Contractor shall make his/her own estimation of all difficulties to be encountered and shall make allowance for such difficulties in the amounts bid under the several items of the Contract. Equipment not actually in operation shall be kept clear of landing areas. When aircraft are operating, personnel shall not enter areas of the Airport without specific permission. No requirements of this Contract with respect to any precautions required or omitted to be required shall be deemed to limit or impair any responsibilities or obligations assumed by the Contractor under or in connection with this Contract, and the Contractor shall at all times maintain adequate protection to safeguard the public ' and all persons engaged in the work and shall take such precautions as will accomplish such end, without undue interference with the public or the operations of the Owner. Signals approved by the Engineer shall be provided by the Owner to indicate that a runway or taxiway on or near which the Contractor is working is required for use by the aircraft and such designated signals, when given, shall be deemed an order of the Engineer as above provided to remove immediately all personnel, equipment and materials above ground together with any possible obstructions or barriers to the distances from the runway or taxiway stated herein. The Contractor shall make suitable standing arrangements to insure that 1 10/90 GP 80-6 I such signals are observed and such order is complied with including, without limitation, the posting of a watchman or watchmen with the sole assignment of watching for such signals. The watchmen shall be given the authority to clear areas required by the Owner. Provisions shall be made by means of signals for the watchmen to notify the Engineer and the Owner that the critical area has been cleared. Signals given by such watchman or watchmen shall be complied with by the Contractor. The Owner does not guarantee, however, that any signals will be designated for such purpose or that, if designated, such signals will be given, and neither the Contractor nor any other person may rely on any signal being given. The Owner assumes no responsibility to the Contractor or to any other person for the giving of any such signal. Each truck or piece of equipment in use by the Contractor shall be provided with a flag on a staff so attached to the vehicle so that the flag will be readily visible. The flag shall not be less than three (3) feet square consisting of a checkered pattern of international orange and white squares of not less than one (1) foot on each side and displayed in full view above the vehicle. Any vehicle operating within aircraft movement areas during the hours of darkness shall be equipped with a flashing dome -type light, the color to be in accordance with local and/or State codes. Additional identification and control of construction equipment maybe required by the airport security plan, if applicable. 80-12 SPECIFIC AIRPORT OPERATING REQUIREMENTS. During the work under this project, the Owner will make such arrangements to coordinate aircraft movements and Airport operations as necessary to conform to the construction procedures as outlined below. The Contractor shall give adequate notice to the Resident Engineer, so as to afford time to coordinate construction with the Owner. No work shall proceed in any area without prior approval. A. Work Areas. The work of the project has been divided into four (4) areas in order to coordinate construction in a way that will minimize interference with Airport operations: Work Area "A": Contains all work within 75 feet of the Runway 12-30 centerline and within 200 feet of the runway thresholds as shown on the plans. Work Area "B": Contains all work within 75 feet of the Runway 7-25 centerline and within 200 feet of the runway thresholds as shown on the plans. Work Area "C": Contains all work within 75 feet of the intersection of Runway 12-30 and 7-25. Work Area "D": Contains all work outside of Work Area "A", "B" and "C" and within the limits of the Airport property as shown on the plans. B. Construction and Operating Requirements. Work Area "A": During work in this area, Runway 12-30 shall be closed in accordance with this specification and barricades shall be placed as indicated on the Plans. Runway 12-30 closure shall be kept to a minimum. All work in this area shall be coordinated with the Owner and Engineer on a daily basis. While working within this area, Runway 7-25 shall remain open at all times. Work Area "B": During work in this area, Runway 7-25 shall be closed in accordance with this specification and barricades shall be placed as indicated on the Plans. Runway 7-25 c. osr_e shall be kept to a minimum. All work in this area shall be coordinated with the Owner and Engipe .r on a daily basis. While working in this area, Runway 12-30 shall remain open at all times. The Contractor shall provide access for aircraft to taxi on the eastern portion of Runway 7-25 during closure periods so that aircraft are able to access the parking apron. Work Area "C": During work in this area, both Runway 12-30 and Runway 7-25 shall be closed m accordance with this specification. Runway closure shall be kept to a minimum. All work in this area shall be coordinated with the Owner and Engineer on a daily basis and will only be allowed during periods of low 10/90 GP 80-7 r t 1 aircraft activity. Work Area "D": During work in this area, both Runway 12-30 and Runway 7-25 shall remain open and the Contractor shall take precautions to safeguard the public, vehicular traffic and aircraft operations. Under no circumstances shall the Contractor be allowed on the airfield pavements during work in this area. C. Supplemental Requirements. 1. Work Schedule: The Contractor shall submit a work schedule for completion of the project prior to the start of construction for the review and approval of the Engineer and the Owner. The work schedule shall indicate the work to be accomplished in each work area, the duration, and the proposed start and completion dates. This schedule shall be updated weekly and presented at the weekly scheduling meetings as provided by Section 80-12, D. 4. Maintenance of Airport Lighting: All existing airfield lighting circuits shall be maintained in full operation throughout the period of this Contract. Where disconnections are required, such work shall be made at such times and in such a manner as approved by the Owner. The Contractor shall be required to permit the full use of airfield lighting circuits during night operations and during periods of low visibility. The Contractor shall provide such temporary lights and cables as required to maintain full use of existing airfield lighting circuits if necessary. 5. Spoil and Disposal Areas: All granular spoil material, suitable for embankment, shall be disposed of on Airport property as directed by the engineer and Airport authorities. All unsuitable material shall be disposed of off Airport property at approved disposal areas. Contractor shall grade spoil area and maintain drainage patterns. Upon completion of spoiling operations, Contractor shall seed and mulch spoil site. No direSt naMinj W11 a made for gading, seed & mulching thesmn;] awn Such work shall be considered incidental to this contract and the costs stiall e included in the various pay items involved. 6. Contractor's Staging Area and Field Office: A staging area, as indicated on the Contract Drawings, will be provided where the Contractor may set up a field office and store equipment and materials. The Contractor shall make his own arrangements for, and bear all costs of required utilities. The Contractor shall use and maintain the site in accordance with requirements of the Owner. Upon completion of work, the Contractor's staging area shall be removed and the area cleaned and restored to original or better condition. 10/90 GP 80-8 2. Temporary Runways Closings: The Contractor shall notify the Resident Engineer 24 hours in advance when closure of the runway is required so that provisions can be made to close the runway to aircraft traffic. Periods of runway closing shall be held to a minimum. The Contractor shall provide temporary runway closure markings (yellow crosses as detailed on the Contract Drawings) at both ends of the runway during runway closure periods and temporary barricades as shown on the Plans. Prior to reopening the runway which has been closed, all paved surfaces shall be cleaned and the temporary closure markings removed. The runway shall remain open during all Contractor non -working hours unless otherwise directed by the Owner and Engineer. The runway shall not be reopened without the Resident Engineer's authorization. The issuance of all NOTAM's shall be coordinated with the Owner and Resident Engineer. Both runways shall not be closed at the same time unless working within Work Area "C". A runway shall not be reopened with any above grade portion of inpavement edge lights or guidance signs which are not energized and lit. Nor shall runways with incomplete above grade lighting systems be reopened. Prior to opening a runway up ' at a reduced width, all runway markings and edge lighting shall be in place and operational. saw *Wicades: Temporary Barricades shall be as indicated on the Contract Drawings. Barricade lights shall be a 360° flashing warning light, Model No. 214-55200 (655 VISI -Flash) as manu:actured by the R.E. Dietz Company of Syracuse, New York or approved equal. Use of VISI -flash "pancake" lights on Airport operating surfaces will not be accepted. 4. Maintenance of Airport Lighting: All existing airfield lighting circuits shall be maintained in full operation throughout the period of this Contract. Where disconnections are required, such work shall be made at such times and in such a manner as approved by the Owner. The Contractor shall be required to permit the full use of airfield lighting circuits during night operations and during periods of low visibility. The Contractor shall provide such temporary lights and cables as required to maintain full use of existing airfield lighting circuits if necessary. 5. Spoil and Disposal Areas: All granular spoil material, suitable for embankment, shall be disposed of on Airport property as directed by the engineer and Airport authorities. All unsuitable material shall be disposed of off Airport property at approved disposal areas. Contractor shall grade spoil area and maintain drainage patterns. Upon completion of spoiling operations, Contractor shall seed and mulch spoil site. No direSt naMinj W11 a made for gading, seed & mulching thesmn;] awn Such work shall be considered incidental to this contract and the costs stiall e included in the various pay items involved. 6. Contractor's Staging Area and Field Office: A staging area, as indicated on the Contract Drawings, will be provided where the Contractor may set up a field office and store equipment and materials. The Contractor shall make his own arrangements for, and bear all costs of required utilities. The Contractor shall use and maintain the site in accordance with requirements of the Owner. Upon completion of work, the Contractor's staging area shall be removed and the area cleaned and restored to original or better condition. 10/90 GP 80-8 r 7. Storage and Movement of Material and Equipment: The Contractor shall store material and equipment and schedule his operations for work to be done so that no unauthorized interference to normal Airport operations will result therefrom. Grading or stockpiling of materials and other construction operations shall not be conducted in a manner to cause interference with Airport Operations. No Contractor's vehicle or pedestrian crossing of active runways will be allowed at any time during the work of this Contract without the Engineer and Owner's approval. No deviation from the pedestrian and vehicle routes to and from the Project Areas will be allowed unless specific permission has been granted by the Owner. The Owner shall at all times have control of operations on or near active runways and aprons. All operations shall be subject to coordination by the Contractor with the Resident Engineer for controlling traffic. Before entering or crossing an active surface, the Contractor shall receive proper clearance from the Owner. Vehicles maneuvering in the vicinity of the Airport operational services shall be marked in — accordance with Section 70-08 - Barricades, Warning Signs and Hazard Markings. Final method of control of construction operations will be determined during construction. Paved surfaces shall be kept clear at all times and specifically must be kept free from small stones which might cause damage to aircraft. Prior to opening any area to traffic, the pavement surface shall be thoroughly cleaned of all debris and the Contractor's equipment removed from the area as directed by the Resident Engineer. — 8. Contractor's Haul Routes: The Contractor shall clear, construct and maintain h:.ul routes as required for the prosecution of the work. The haul routes shall only be in the locati, -ns approved by the Engineer and the Owner. The Contractor shall be responsible for maintaining existing haul , routes. At the completion of the project, these areas shall be returned to their original lines and grades and shall be restored to a condition equal to or better th, n original. 9. Access to Airport: The Contractor shall use the designated access routes into the Airport for authorized roadway vehicles. If other access routes onto the Airport are proposed, the Contractor must obtain approval from the Owner. 10. No Open Trenches: At the end of each day's work, the Contractor shall close all trenches within 150 feet of a runway centerline and which are adjacent to the apron. The trenches shall be backfilled level to the ground surface and all stockpiled material shall be leveled to the ground surface or moved to an approved storage area. 11. Accidents: The Contractor shall provide at the site such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work. The Contractor must promptly report in writing to the Resident Engineer all accidents whatsoever arising out of, or in connection with, the performance for the work, whether on or adjacent to the site which caused death, personal injury or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or mes:engPr to both the Engineer and the Owner. If any claim is made by anyone against the Contractor or any Subcontractor on account of any , accident, the Contractor shall promptly report the facts in writing to the Resident Engineer giving full details of the claims. 12. Coastal Shoals, Bars and Mudflats. The Contractor shall not damage or alter any coastal wetlands, — shoal, bars or mudflats as a result of his operations. 10/90 GP 80-9 1 u D t 1 1 1 1 13. Contractor's Communication: Contractor shall obtain two radio transievers to coordinate construction activities with aircraft operations on the airport. The transiever shall be capable of operating on the UNICOM frequency of 122.8 Mhz. The radio transievers shall be turned over to the Owner upon completion of the project. 14. Inpavement Edge Light and Guidance Sign Systems. Installation of the inpavement runway edge lighting and guidance sign systems will require that pavements be temporarily closed to aircraft traffic. The above grade portion of the edge light and guidance sign units shall not be installed until all inpavement light and sign bases for the specific system are in place and the light and sign units can be energized. The Contractor shall have in place all runway edge lighting and guidance sign bases, isolating transformers, base covers, power cable and the means to energize the edge lighting circuit prior to installation of any of the above grade portions of the edge light or guidance sign units. Runway closures during Contractor non -working hours may be necessary while installing the above grade portion of the runway edge lights and guidance signs. A runway shall not be open until the above grade portion of the edge lighting and guidance sign system for a specific runway is complete and operational. Periods of runway closure shall be held to a minimum. D. Scheduling. A minimum of one scheduling and coordination meeting shall be held each week unless otherwise directed by the Resident Engineer, throughout the duration of the Contract, between the Owner, Contractor, Engineer and any other interested parties at a time and place to be designated by the Resident Engineer. In attendance at this meeting shall be a Contractor's representative with the authority to make decisions concerning the scheduling and coordination of work and Airport operating problems. Payment. Payment for the items described in Section 80-12, including but are not limited to construction, maintenance and removal of any temporary access roads, providing, placing, relocating, maintaining and removing temporary barricades, protection of aircraft and vehicular traffic, maintenance of airport lighting circuits, installation and removal of temporary wiring, cleaning of paved surfaces, restoration of surfaces disturbed as a result of the Contractor's operations, warning signs, hazard markings, barricade lights and removal thereof shall be included under Special Provisions Item M-100, Maintenance and Protection of Traffic. 80-13 NIGHT WORK. Work after sunset will not be permitted except as provided by the special requirements of Section 80-12, SPECIFIC AIRPORT OPERATING REQUIREMENTS. Where work on this Contract is required to be done after sunset, such work shall be included in the prices bid, and no extra compensation will be allowed therefore. 80-14 OCCUPANCY AREAS. The area to be used by the Contractors and their employees and the location of field offices, job shanties and other semi-permanent structures shall be designated in the field by the Engineer and the Owner. Field offices, job shanties, and other semi-permanent structures shall not extend above a 7 on 1 slope, starting at a point five hundred (500) feet from the centerline of a runway. 80-15 SAFETY ON AIRPORTS DURING CONSTRUCTION ACTIVITY. A. General Safety Requirements. During performance of this Contract, the Airport runways, taxiways and aircraft parking aprons shall remain in use by aircraft to the maximum extent possible. Aircraft use of areas near the Contractor's work will be controlled to minimize disturbance to the Contractor's operation. The Contractor shall not allow employees, subcontractors, suppliers or any other unauthorized person to enter or remain in any Airport area which would be hazardous to persons or to aircraft operations. All work which is too close to an active runway, taxiway or apron to be performed under operational conditions shall be performed when the runway, taxiway or apron is not in use. Such work shall not be accomplished without prior permission from the Engineer. B. Construction and Facilities Maintenance. Contractors shall: 1. Be aware of the potential for safety problems and/or hazards. Potentially hazardous conditions 10/90 GP 80-10 10/90 which may occur during Airport construction and maintenance include, but are not limited to, the following: a. Trenches, holes or excavations on or adjacent to any open runway or in safety areas. b. Unmarked/unlighted holes or excavation in any apron, open taxiway, open taxilane or related safety area. C. Mounds or piles of earth, construction materials, temporary structures or other objects in vicinity of any open runway, taxiway, taxilane or in a related safety, approach or departure area. d. Pavement dropoffs or pavement -turf lips (either permanent or temporary) which could cause, if crossed at normal operating speeds, damage to aircraft that normally use the Airport. (The normal maximum is 1-1/2 inches for either.) e. Vehicles or equipment (whether operating or idle) on any open runway, taxiway, taxilane or in any related safety, approach or departure area. C Vehicles, equipment, excavations, stockpiles or other materials which could degrade or otherwise interfere with electronic signals from radios or electronic navigational aids. g. Unmarked utility, navaid, weather service, runway lighting or other power or signal cables that could be damaged during construction. h. Objects (whether marked or flagged or not) or activities anywhere on or in the vicinity of the Airport which could be distracting, confusing or alarming to pilots during aircraft operations. i. Unflagged/unlighted low visibility i .ems (such as tall cranes, drills and the like) anywhere in the vicinity of active runways or in any approach or departure area. j. Misleading or: nalfunctioning obstruction lights. k. Unlighted/unmarked obstructions in approach to any open runway. 1. Inadequate approach/departure surfaces (needed to assure adequate landing/takeoff clearance over obstructions or work or storage areas). m. Inadequate, confusing or misleading (to user pilots) marking/lighting of runways, taxiways, taxilanes (including displaced or relocated thresholds). n. Water, snow, dirt, debris or other transient accumulation which temporarily obscures pavement marking, pavement edges or derogates visibility of runway/ taxiway marking or lighting, or of construction and maintenance areas. o. Inadequate or improper methods of marking, barricading and lighting of temporarily closed portions of Airport operations area. p. Trash or other materials with foreign object damage (FOD) potential, whether on runways, taxiwayz or aprons, or in related safety areas. q. Inadequate fencing or other marking to separate construction or maintenance areas from open aircraft operating areas. r. Failure to control vehicle, human and large animal access to, and non-essential, non - aeronautical activities in, open aircraft operating areas. GP 80-11 1 1 1 1 1 1 1 r S. Failure to maintain radio communication between construction/maintenance vehicles and air traffic control tower or other on -field communications facility, e.g., FAA Flight Service Station (FSS) or unicom radio. t. Construction/maintenance activities or materials which could hamper crash -fire -rescue (CFR) vehicle access from CFR stations to all parts of the runway/ taxiway system, to runway approach and departure areas and to aircraft parking locations. U. Bird attractants such as edibles (food scraps, etc.) or other miscellaneous garbage, other trash, grass/crop seeding or ponded water on the Airport. 2. Conduct activities so as not to violate any safety standards contained herein. 3. Inspect all construction and storage areas as often as necessary to be aware of conditions. 4. Promptly take all steps needed to prevent/remedy any unsafe or potentially unsafe conditions/activities discovered. Before actual commencement of construction activity, the Contractor shall give adequate notice to Airport management of proposed time and date of commencement of construction in such areas. Upon completion of work and return of all such areas to standard conditions, the Contractor shall notify Airport management of completion of construction. C. Trenches, Excavation, and Stockpiled Material. Open trenches or excavations exceeding 6 inches in depth and 6 inches in width or stockpiled material will not be permitted within the limits of restricted areas of operational rux ways or taxiways. Coverings for open trenches or excavations shall be of sufficient strength to support the weight of the heaviest aircraft operating on the runway or taxiway. D. Construction in Proximity to Runways & Taxiways. 1. Contractor who intends on using equipment greater than 10 feet- eight shall file FAA Form 7460-1 Notice of Proposed Construction or Alteration at least 30 days prior to the start of construction activity. No work shall begin with oversized equipment until a response from the FAA has been received. 2. Runway Sides. If appropriate construction/maintenance NOTAM has been issued, construction equipment under 10 feet tall is permissible as close as the following distances from centerline of runway indicated: rRUNWAY DESIGNATION FEET FROM RUNWAY CENTERLINE 7-25 75' 12-30 75' 3. Runway Ends. If appropriate construction/maintenance NOTAM has been issued, construction/maintenance activity is permissible off the ends of the runway indicated below, provided at least the indicated minimum safety area and indicated unobstructed approach slope are maintained: RUNWAY MINIMUM SAFETY MINIMUM UNOBSTRUCTED APPROACH END AREA BEHIND SLOPE NOMBER THRESHOLD 7 200 feet 20:1 to (threshold) (200 feet , behind threshold) 25 200 feet 20:1 to (threshold) (200 feet 1 10/90 GP 80-12 behind threshold) 12 200 feet 20:1 to (threshold) (200 feet behind threshold) 30 200 feet 20:1 to (threshold) (200 feet behind threshold) E. Threshold Marling and Lighting. Temporary threshold marking, if required, shall be furnished and maintained by the Contractor. F. Closed Runway Marking. Closed runway marking, if required, shall be as shown on the Plans and furnished by the Contractor. Barricades, flagging and flashers are required. Hazard marking and lighting shall be acceptable to the Airport Owner and Engineer. G. Motorized Vehicles. 1. When any vehicle other than those approved for use in the aircraft movement area and runway approach area is required to travel over any portion of that area, it shall be escorted by a vehicle properly identified to operate in the area and be provided with a flag on a staff attached to the vehicle. A flag or escort vehicle is not required for vehicles which have been painted, marked and lighted for routine use on aircraft movement areas. Any vehicle operating on the movement area during the hours of darkness should be equipped with a flashing dome -type light, the color to be in accordance with local and/or State codes. �. Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the control tower, by escort, flagman, signal light or the means appropriate for the particular airport. The clearance should be confirmed by the driver's personal observation that no aircraft is approaching his/her position. 3. It may be desirable to clearly identify the vehicles for control purposes by either assigned initials or numbers prominently displayed on each side. The identifying symbols should be of 8 -inch minimum, block -type characters of a color easily read. They may be applied by use of tape or water soluble paint to facilitate removal. In addition, all vehicles must display the identification media as specified in the approved security plan, if applicable. 4. Employee parking shall be as designated by the Engineer, Superintendent and Airport Manager. 5. Construction Site Access and Haul Roads: Access to the job site shall be as shown on the Plans or as designated by the Engineer, Superintendent and Airport Manager. H. Navigational Aids. The Contractor shall not conduct any construction activity within the navigational aids (i.e., ILS components, VOR, ASR, ATCT) restricted areas shown on the Plans without prior approval from the local FAA Airway Facilities Sector through the Engineer. I. Limitations on Construction. 1. Open -flame welding or torch cutting operations are prohibited unless adequate fire and safety precautions are provided and have been approved by the Engineer. 2. Open trenches, excavations and stockpiled material at the construction site shall be prominently marked with red flags and lighted by light units during hours of restricted visibility and/or darkness. 3. Marking and lighting of closed, deceptive and hazardous areas shall be provided by the Contractor, when required, in accordance with Advisory Circular 150/5340-1. 10/90 GP 80-13 1 1 1 - 1 1 1 1 1 1 1 1 i 1 1 1 1 1 u -1 4. Stockpiled material shall be constrained in a manner to prevent movement resulting from maximum anticipated aircraft blast or forecasted wind conditions. I Debris. Waste and loose material capable of causing damage to aircraft landing gears, propellers or being ingested in jet engines, shall not be placed on active aircraft movement areas. Material tracked on these areas shall be removed continuously during the project work. 1 END OF SECTION 1 1 1 1 1 ri i t P11 LI 1 10/90 GP 80-14 1 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of nine (9) square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the Plans or ordered in writing by the Engineer. Structures will be measured accordingto neat lines shown on the Plans or as altered to fit field t e d conditions. Unless otherwise specified, all Contract Items which are measured by the linear foot such as electrical ducts, , conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. j The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of two thousand (2,000) pounds avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent qualified personnel at locations designated by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material speed to be measured by the cubic yard may be weighed and such weights will be converted to cubic yards for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of mea,,.rement of pay quanti'ies is used. Bituminous materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60°F or will be corrected to the volume at 60°F using ASTM D-1250 for asphalts or ASTM D-633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. 12/89 GP 90-1 1 When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton or hundredweight. Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the Change Order or Supplemental Agreement authorizing such force account work as provided in the Subsection entitled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fdnce, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited Specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent (.5%) of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspecto • before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of one percent (.1%) of the nominal rated capacity of the scale, but not less than one (1) pound. The use of spring balances will not be permitted. Beams, dials, platforms and other scale equipment shall be so arranged that the operator and inspector can safely and conveniently view them. Scale installations shall have available, ten (10) standard fifty (50) pound weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate and all materials received subsequent to the last previous correct weighing accuracy test will be reduced by the percentage of error in excess of one-half of one percent (.5%). In the event inspection reveals the scales have t.zen "underweighing" (i;idicating less than correct weight) they shall be adjusted and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit Contract prices for the various items of the project. 1 12/89 GP 90-2 1 When the estimated quantities for a specific portion of the work are designated as the pay quantities in the Contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the Plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials, for performing all work under the Contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the Subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical Specification requires that the Contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other Contract Item which may appear elsewhere in the Contract, Plans, or Specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as Contract Items are concerned, payment at the original Contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor. which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit amonfr the Contract Items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order non-performance) any Contract Item, except major Contract Items, in the best interest of the Owner. Should the Engineer omit or order non-performance of a Contract Item or portion of such item from the work, the Contractor shall accept payment in full at the Contract prices for any -work actually completed and acceptable prior to the Engineer's order to omit or non perform such Contract Item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted Contract Item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted Contract Item and shall be supported by certified statements by the Contractor as to the nature and amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. A. Agreed Price. Extra work performed in accordance with the subsection titled EXTRA WORK of Section 40 will be paid for at the Contract prices or agreed prices specified in the Change Order or Supplemental A,,reement authorizing such extra work. If the work is to be paid under agreed prices, the prices shall be based upon the Contractor's price analysis of the cost of the work. This price analysis shall be provided by the Contractor and shall be based upon the Contractor's estimated breakdown of his/her cost for the work, including all charges based upon the items as listed in this subsection under "Force Account Work". Lump sum costs for work, without accompanying detailed price analyses, will not be acceptable. Forms intended to aid the Contractor in compiling price analyses are available from the Engineer upon request. 12/89 GP 90-3 For over 40 hours, the rate will be 45% of the above base hourly rate. The number of hours to be paid for shall be the number of hours that the equipment or plant is actually used on a specified force account job. For rented equipment, such equipment will be paid for based upon rental cost as approved by the Engineer. Invoices showing rental charges must be submitted to the Engineer for such payment. For use of all equipment, when, in the opinion of the Contractor and as approved by the Engineer, suitable equipment is not available on the site, the movement of required equipment to and from the site will be paid for at actual cost. Equipment to be used by the Contractor shall be specifically described and be of suitable size and suitable capacity required for the work to be performed. In the event the Contractor elects to use equipment of a higher rental value than that suitable for the work, payment will be made at the rate applicable to the suitable i equipment. The equipment actually used and the suitable equipment paid for will be recorded as part of the record for force account work. The Engineer shall deter- mine the suitability of the equipment. If there is a differential in the rate of pay of the operator of oversize or higher rate equipment, the rate paid for the operator will likewise be that for the suitable equipment. 12/89 GP 90-4 B. Force Account Work. When the Change Order or Supplemental Agreement authorizing extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials, plus an allowance for overhead and profit. 1. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. 2. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and Engineer or their duly authorized representatives. 3. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: a. Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. b. Designation, dates, daily hours, total hours, rate, and extension for each unit of machinery and equipment. For Contractor self owned equipment, the maximum rate paid for equipment will be determined based upon the following factors. The base hourly rates shall be the daily rate as listed in the current Rental Rates for Construction Equipment pi epared by Associated Equipment Distributors divided by eight (8). Where no daily i ate is listed, the daily rate will be determined by dividing the monthly rate by 10. The E st 20 hours will be paid at 90% of the above base hourly rate. For 21 to 40 hours, the rate will be 80% of the above base hourly rate. For over 40 hours, the rate will be 45% of the above base hourly rate. The number of hours to be paid for shall be the number of hours that the equipment or plant is actually used on a specified force account job. For rented equipment, such equipment will be paid for based upon rental cost as approved by the Engineer. Invoices showing rental charges must be submitted to the Engineer for such payment. For use of all equipment, when, in the opinion of the Contractor and as approved by the Engineer, suitable equipment is not available on the site, the movement of required equipment to and from the site will be paid for at actual cost. Equipment to be used by the Contractor shall be specifically described and be of suitable size and suitable capacity required for the work to be performed. In the event the Contractor elects to use equipment of a higher rental value than that suitable for the work, payment will be made at the rate applicable to the suitable i equipment. The equipment actually used and the suitable equipment paid for will be recorded as part of the record for force account work. The Engineer shall deter- mine the suitability of the equipment. If there is a differential in the rate of pay of the operator of oversize or higher rate equipment, the rate paid for the operator will likewise be that for the suitable equipment. 12/89 GP 90-4 In the event that a rate is not established in the Associated Equipment Distributors Rental Rates for a particular piece of equipment or plant, the Owner shall establish a rate for that piece of equipment or plant that is consistent with its cost and use. C. Quantities of materials, prices, and extensions. d. Transportation of materials. e. Cost of property damage, liability and workmen's compensation insurance premiums, unemployment insurance contributions, and social security tax. f. Profit and Overhead. Profit and overhead cost shall be computed at 20 percent of the following: - Total Direct Labor Cost (actual hours worked multiplied by the basic hourly wage rate) plus supplemental benefits payments, payroll taxes, insurance payments and other labor related fringe benefit payments as defined in b) and c) above, but not including the overtime additive payments. Profit and overhead shall not be paid on the premium portion of overtime. - Total Cost of Materials as defined in a) above including the cost of transportation to the project site. If any of the work is performed by a subcontractor, the Contractor shall be paid the actual and reasonable cost of such subcoutracted work computed as outlined in a) through e) above, or on such other ba cis as may be approved by the Owner. Subcontractor profit and overhead shall be paid as outlined in f) above, plus an additional allowance of five percent (5%) of materials and direct labor to cover the Contractor's profit, superintendence, administration, insurance and other overhead. g. Overhead shall be defined to include the following items: Premium on bond'. Premium on insurance required by the State, Workmen's Compensation Insurance, public liability and property damage insurance, unemployment insurance, Federal old -age benefits, other payroll taxes and such reasonable charges that are paid by the Contractor pursuant to written agreement with his/her employee. All salary and expenses of executive officers, supervising officers or supervising employees. All clerical or stenographic employees. All charges for minor equipment, such as small tools, including shovels, P 8 picks, axes, saws, bars, sledges, lanterns, jacks, cables, pails, wrenches, etc. and cther miscellaneous supplies and services. All drafting room accessories such as paper, tracing cloth, blueprinting, etc. Statements shall be accompanied and supported by receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her -stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 12/89 GP 90-5 , 1 1 J --I Ll �J 1 �I 1 1 t 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the Contract, Plans, and Specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars ($500.00). From the total of the amount determined to be payable on a partial payment, five percent (5%) of such total amount will be deducted and retained by the Owner until the final payment is made. When not less than ninety-five percent (95%) of the work has been completed the Engineer may, at his/her discretion and with the consent of the Surety, prepare an estimate from which will be retained an amount not less than twice the Contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved Change Orders or Supplemental Agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the Contract, Plans, and Specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be includzd in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, Plans, and Specifications. In no case will the amount of partial payments for materials on hand exceed the Contract price for such materials or the Contract price for the Contract Item on which' the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. 1 12/89 GP 90-6 The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 ACCEPTANCE AND FINAL PAYMENT. When the Contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the Contract as amended by Change Order or Supplemental Agreement. The Contractor and Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within thirty (30) calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such thirty (30) day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental, fv.al, estimate. The payment of the final amount due under this Contract, and the adjustment and the payment of the bill rendered for work in accordance with any alterations of the same shall release the Owner from any and all claims or liabilities on account of work performed under said Contract, or any alterations thereof. In case the execution of this Contract is delayed by action of the Owner, the time for completion is hereby extended for a time equal to the delay caused by the party of the first part, but no claim for damages by reason of such delay shall be made or allowed. Should postponement or delay be occasioned by the precedence of other Contracts on the line of work, which may be either let or executed before or after the execution of this Contract, no claim for damages will be allowed; but the time for completion may be extended for a time equal to the delay or postponement caused by such precedent Contracts. The Owner shall not be required, or liable to make the aforesaid payments, on any part thereof, or to pay anything whatever on account of said work, or by virtue of this Agreement, any sooner or faster than there shall be money or funds in the treasury of said Owner properly applicable to that purpose, and which shall have been collected or paid into said treasury on account of said work or improvement. 90-09 GUARANTY. The Contractor shall, in consideration of the Contract price, maintain and keep in good repair all the work executed under this Contract for a period of twelve (12) months from the time of its final acceptance. Also, that he will make any and all repairs deemed necessary by the Engineer within five (5) days from the date of a notice from the said Engineer. Within the period of said guaranty, no certificate given nor payment made under the Contract, nor partial or , entire occupancy of the premises by the Owner shall be construed as an acceptance of defective work or of improper materials or as condoning any negligence or omission. 90-10 SECURITY FOR GUARANTEE. The Contractor shall upon final acceptance of the work, furnish a bond to the Owner in a penal sum equal to five percent (5%) of the amount of the Contract price, executed by a surety company authorized by the Department of Insurance of the State of New York to execute such a bond in this State, and which bond shall be approved as to form and manner of execution by the Owner's 12/89 GP 90-7 1 l: l� 7 1 1 1 LJ U attorney. This bond shall be conditioned for the faithful performance by the said Contractor of the conditions and stipulations of Section 90-10 of these Specifications, thereof relating to maintenance and repair, for a period of one (1) year from the date of the final acceptance of the work. In default of the filing of such bond, a sum of money equal to said five percent (5%) may be retained out of any monies due to the Contractor and be held for twelve (12) months, or until the bond above described is filed. 90-11 LIEN LAW. If, at any time before or within thirty (30) days after the whole work herein agreed to be performed has been completed and accepted by the party of the first part, any person or persons claiming to have performed any labor or furnished any material toward the performance or completion of this Contract shall file with the Engineer and with the financial officer of the Owner or other officer or person charged with the custody and disbursement of the Owner funds applicable to the Contract under which the claim is made, such notice as is prescribed in the Act of Legislature of the State of New York passed February 17, 1909, entitled an "Act in Relation to Liens", and the acts amendatory thereof or supplementary thereto, then and in every such case the party of the first part shall retain (anything herein contained to the contrary thereof notwithstanding) from the monies under its control and due or to grow due under this Agreement, as much of such monies as shall be sufficient to pay, satisfy and discharge the amount in such notice claimed to be due to the person or persons filing such lien, together with the reasonable cost of any actions brought to enforce such claim or the lien creating by the filing of such notice. The monies so retained shall be retained by the party of the first part until the lien thereon created by the said act and filing of said notice shall be discharged pursuant to the provisions of said act or acts. END OF SECTION 1 12/89 GP 90-8 1 s n I h i 1 J ITEM P-152 EXCAVATION AND EMBANKMENT 152-1 DESCRIPTION. 152-1.1 This item covers excavation, disposal, placement and compaction of all materials within the limits of the work required to construct runway safety areas, runways, taxiways, aprons and intermediate, as well as other areas for drainage, building construction, parking or other purposes in accordance with these Specifications and in conformity to the dimensions and typical sections shown on the Plans. 152-1.2 CLASSIFICATION. All material excavated shall be classified as defined below and specified in the Payment Items in accordance with these classifications. A. Common Excavation. Common excavation shall consist of the excavation and disposal of all material, regardless of its nature, which is not otherwise classified and paid for under the following items. B. Rock Excavation. Rock excavation shall include all solid rock in ledges, imbedded deposits, in unstratified masses and conglomerate deposits which are so firmly cemented they cannot be removed without blasting or using hoe -rams. All boulders containing a volume of more than 1/2 cubic yard will be classified as "rock excavation". C. Borrow Excavation. Borrow excavation shall consist of approved material required for the construction of embankment or for other portions of the work in excess of the quantity of usable material available from required excavations. Borrow material shall be obtained from areas within the limits of the Airport property but outside the normal limits of necessary grading, or from areas outside the Airport. ' D. Pavement Excavation. Pavement excavation shall consist of the removal and disposal of existing bituminous concrete pavement or portland cement concrete pavement including soil cement, stabilized base or subbase material as shown on the Plans, regardless of the thickness encountered and restoration of the surface including topsoiling, seeding, and mulching. 152-1.3 UNSUITABLE EXCAVATION. Any material containing vegetation or organic matter, such as muck, peat, organic silt or sod shall be considered unsuitable for use in embankment construction. Material, when approved by the Engineer as suitable to support vegetation, may be used on the embankment slope. 152-2 MATERIALS. 1524.1 BORROW MATERIAL. Borrow material shall be of soils group GW, GP, GU, GM, SW, SP, SU or SM as designated by ASTM D-2487, Classification of Soils for Engineering Purposes. Stones or rock larger than 12 inches in their greatest dimension will not be allowed. In addition, borrow material shall exhibit characteristics equal to or exceeding the original on site soil with regards to CBR, modulus of subgrade reaction, liquid limit, plastic limit and permeabilia- 152-3 SUBMITTALS AND CERTIFICATIONS. ' 152-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: ' 4/91 SP P-152-1 Certified test results indicating materials obtained off-site meet the requirements specified. I 152-4 CONSTRUCTION METHODS. 1524.1 GENERAL. The suitability of material to be placed in embankments shall be subject to approval by the Engineer. All unsuitable material shall be disposed of off-site at a spoil area approved by the Engineer. When the Contractor's excavating operations encounter artifacts of historical or archeological significance, the operations shall be temporarily discontinued. At the direction of the Engineer, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and allow for their removal. Such excavation will be paid for as extra work. Those areas outside of the pavement areas in which the top layer of soil material has become compacted, by hauling or other activities of the Contractor, shall be scarified and disked to a depth of 4 inches in order to loosen and pulverize the soil. If it is necessary to interrupt existing surface drainage, sewers or under -drainage, conduits, utilities or similar underground structures, the Contractor shall be responsible for and shall take all necessary precautions to preserve them or provide temporary services. When such facilities are encountered, the Contractor shall notify the Engineer, who shall arrange for their removal if necessary. The Contractor shall, at his/her own expense, satisfactorily repair or pay the cost of all damage to such facilities or structures which may result from any of the Contractor's operations during the period of the Contract. 152-4.2 EXCAVATION. No excavation shall be started until the work has been slaked out by the Contractor and the Engineer has obtained elevations and measurements of the ground surface. All suitable excavated material shall be used in the formation of embankment, subgrade or for other purposes shown on the Plans. All unsuitable material shall be disposed of as shown on the Plans. When rock is encountered, Contractor shall excavate overburden so that elevations of the rock can be taken. Overburden which cannot be spoiled or placed in its final location shall be stockpiled temporarily, adjacent , to the work. After cross sections have been taken and quantities calculated, Contractor shall proceed with excavation as directed by the Engineer. Work on excavation may be temporarily suspended by the Engineer until grades are redesigned. The Contractor shall have no claims against the Owner or Engineer for down time or loss of production which is the result of encountering rock. ' When the volume of the excavation exceeds that required to construct the embankments to the grades indicated, the excess shall be used to grade the areas of ultimate development or disposed of as directed. When the volume of excavation is not sufficient for constructing the fill to the grades indicated, the deficiency shall be obtained from borrow areas. The grade shall be maintained so that the surface is well drained at all times. When necessary, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the work. A. Selective Grading. When selective grading is indicated on the Plans, the more suitable material as designated by the Engineer shall be used in constructing the embankment or in capping the pavement subgrade. If, at the fila.; of excavation, it is not possible to place tfiis material in its final location, it shall be stockpi'_es in approved areas. B. Undercutting. Rock, shale, hardpan, loose rock, boulders or other material unsatisfactory for runway safety areas, subgrades, roads, shoulders or any areas intended for turfing, shall be , excavated to a minimum depth of 12 inches, or to the depth specified by the Engineer, below the subgrade. Muck, peat, matted roots or other yielding material unsatisfactory for subgrade foundation, shall be removed to the depth specified. Unsuitable materials shall be disposed of off 4/91 SP P-152-2 ' u airport property at a disposal area approved by the Engineer. No direct payment shall be made for undercut excavation. The excavated area shall be backfilled with suitable material obtained from the grading operations or borrow areas and thoroughly compacted by rolling. The necessary backfilling will constitute a part of the embankment. C. Overbreak. Overbreak, including slides, is that portion of any material displaced or loosened beyond the finished work as planned or authorized by the Engineer. The Engineer shall determine if the displacement of such material was unavoidable and the decision shall be final. All overbreak shall be graded or removed by the Contractor and disposed of as directed. However, payment will not be made for the removal and disposal of overbreak which the Engineer determines as avoidable. Unavoidable overbreak shall be classified as common excavation. D. Removal of Utilities. The removal of existing structures and utilities required to permit the orderly progress of work will be accomplished by someone other than the Contractor, e.g., the utility unless otherwise shown on the Plans. All existing foundations shall be excavated for at least 2 feet below the top of subgrade, or as indicated on the Plans, and the material disposed of as directed. All foundations thus excavated shall be backfilled with suitable materials and compacted as specified herein. E. Compaction Requirements. It shall be the Contractor's responsibility to properly place and compact all material in accordance with these Specifications and as shown on the Plans, and to correct any deficiencies resulting from insufficient or improper compaction of such materials. The subgrade under areas to be paved shall be coml acted in accordance with the following applicable requirements: - For subgrades under flexible pavements in cat sections, the top 6 inches shall be compacted to a density of not less than 95 percent for cohesive soils or 100 percent for noncohesive soils of the maximum density as determined by ASTM D698. For fill ' sections, the subgrade shall be compacted for the entire depth of the fill to a density of not less than 95 percent for cohesive soils or 100 percent for noncohesive soils of the maximum density as determined by ASTM D698. - For subgrades under rigid pavements in cut sections, the top 6 inches shall be compacted to a density of not less than 90 percent for cohesive soils of the maximum density as determined by ASTM D698. For cut sections in noncohesive soils, the top 6 inches of the subgrade shall be compacted to a density of not less than 100 percent of the maximum density and the next 18 inches of the subgrade compacted to a density of not less than 95 percent of the maximum density as determined by ASTM D698. For cohesive soils used in fill sections, the entire depth of the fill shall be compacted to a density of not less than 90 percent of the maximum density as determined by ASTM D698 and for noncohesive soils used in fill sections, the top 6 inches shall be compacted to a density of not less than 100 percent of the maximum density and the remainder of the fill compacted to a density of not less than 95 percent of the maximum density as determined by ASTM D698. The in-place field density shall be determined in accordance with ASTM D1556 or ASTM D2167. - Stones c. rock fragments larger than 4 inches in their greatest dimension will not be permitted in �I the 1-c,p 6 inches of the subgrade. The finished grading operations, conforming to the typical cross section, shall be completed and maintained at least 1,000 feet ahead of the paving operations or as directed by the Engineer. In cuts, all loose or protruding rocks on the back slopes shall be barred loose or otherwise removed to line of finished grade of slope. All cut -and -fill slopes shall be uniformly dressed to the slope, cross section and alignment shown on the Plans or as directed by the Engineer. 4/91 SP P-152-3 F. Blasting. Blasting will be permitted only when proper precautions are taken for the safety of all persons, the work and the property. All damage done to the work or property shall be repaired at the Contractor's expense. All operations of the Contractor in connection with the transportation, storage and use of explosives shall conform to all State and local regulations and explosive manufacturers instructions, with applicable approved permits reviewed by the Engineer. Any approval given, however, will not relieve the Contractor of his responsibility in blasting operations. Where blasting is approved, the Contractor shall employ a vibration consultant, approved by the Engineer, to advise on explosive charge weights per delay and to analyze records from seismograph recordings. The seismograph shall be capable of producing a permanent record of the three components of the motion in terms of particle velocity and in addition, shall be capable of internal dynamic calibration. In each distinct blasting area, where pertinent factors affecting blast vibrations and their effects in the area remain the same, the Contractor shall submit a blasting plan of the initial blasts to the Engineer for approval. This plan must consist of hole size, depth, spacing, burden, type of explosives, type of delay sequence, maximum amount of explosive on any one delay period, depth of rock and depth of overburden, if any. The maximum explosive charge weights per delay included in the plan shall not be increased without the approval of the Engineer. The Contractor shall keep a record of each blast fired; its date, time and location, the amount of explosives used, maximum explosive charge weight per delay period and where necessary, seismo- graph records identified by instrument number'and location. These records shall be made available to the Engineer on a monthly bas s or in tabulated form at other times as required. 1524.3 BORROW EXCAVATION. Borrow area(s) within the Airport property, if any, are indicated on the Plans. Borrow excavation shall be male only at these designated locations and within the horizontal and vertical limits as staked or as directed. When borrow sources are outside the boundaries of the Airport property, it shall be the Contractor's responsibility to locate and obtain the supply, subject to the approval of the Engineer. The Contractor shall notify the Engineer at least fifteen (15) days prior to beginning the excavation so necessary measurements and tests can be made. All unsuitable material shall be disposed of by the Contractor. All borrow pits shall be opened up to expose the vertical face of various strata of acceptable material to enable obtaining a uniform product. Borrow pits shall be excavated to regular lines to permit accurate measurements and they shall be drained and left in a neat, presentable condition with all slopes dressed uniformly. 1524.4 DRAINAGE EXCAVATION. Drainage excavation shall consist of excavating for drainage ditches such as intercepting, inlet or outlet; for temporary levee construction; or for any other type as designed or as shown on the Plans. The work shall be performed in the proper sequence with the other construction. All satisfactory material shall be placed in fills. Unsuitable material shall be placed in waste areas or as directed. Intercepting ditches shall be constructed prior to starting adjacent excavation operations. All necessary work shall be performed to secure a finish true -to -line elevation and cross section. The Contractor shall maintain ditches constructed on the Project to the required cross section and shall keep them free of debris or obstructions until the Project is accepted. This work shall be paid for at the Contract unit price per cubic yard for Common Excavation. 1524.5 PREPARATION OF EMBANKMENT AREA. All sod shall be removed from the subgrade and from areas of future pavement, regardless of the height of embankment. Where an embankment is to be constructed to a height of 4 feet or less, all sod and vegetable matter shall be removed from the surface upon which the embankment is to be placed and the cleared surface shall be completely broken up by 4/91 SP P-152-4 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 plowing or scarifying to a minimum depth of 6 inches. This area shall then be compacted as indicated in Paragraph 3.6. When the height of fill is greater than 4 feet, sod not required to be removed shall be thoroughly disked and recompacted to the density of the surrounding ground before construction of embankment. Where embankments are to be placed on natural slopes steeper than 3 to 1, horizontal benches shall be constructed as shown on the Plans. No direct payment will be made for the work performed under this section. The necessary clearing and grubbing and the quantity of excavation removed will be paid for under the respective items of work. ' 152-4.6 FORMATION OF EMBANKMENTS. Embankments shall be formed in successive horizontal layers of not more than 8 inches in loose depth for the full width of the cross section, unless otherwise approved by the Engineer. The grading operations shall be conducted, and the various soil strata shall be placed, to produce a soil structure as shown on the typical cross section or as directed. Materials such as brush, hedge, roots, stumps, grass and other organic matter, shall not be incorporated or buried in the embankment. Operations on earthwork shall be suspended at any time when satisfactory results cannot be obtained because of rain, freezing or other unsatisfactory conditions of the field. The Contractor shall drag, blade or slope the embankment to provide proper surface drainage. The material in the layer shall be within t2 percent of optimum moisture content before rolling to obtain the prescribed compaction. In order to achieve a uniform moisture content throughout the layer, wetting or drying of the material and manipulation shall be required when necessary. Should the material be too wet to permit proper compaction or rolling, ' all work on all of th -. affected portions of the embankment shall be delayed until the material has dried to the required moistiu•e content. Natural drying may be accelerated by blending in a dry material or manipulation alone to increase the rate of evaporation. Sprinkling of dry material to obtain the proper moisture content shall be done with approved equipment that will sufficiently distribute the water. Sufficient equipment to furnish the required water shall be available at all times. Samples of all embankment materials for testing, both before and after placement and compaction, will be taken as a minimum for each 1,000 cubic yards of material placed per layer or other appropriate frequencies as determined by the Engineer. Based on these tests, the Contractor shall make the necessary corrections and adjustments in methods, materials or moisture content in order to achieve the correct embankment density. Rolling operations shall be continued until the embankment is compacted to not less than 95 percent of maximum density for noncohesive soils and 90 percent of maximum density for cohesive soils, as determined by ASTM D698. Under all areas to be paved, the embankments shall be compacted as specified under Section 152-3.2(E). The selection of compaction equipment is the Contractor's responsibility but shall be approved by the Engineer. The Contractor shall determine the size, type and weight of the compactor(s) best suited to the work at hand to obtain satisfactory results. All compaction equipment shall be marked by a permanently attached manufacturer's identification plate designating the name of the manufacturer, model number and serial number of the machine as.a minimum identification. This plate shall be installed in a readily visible ' location. Compaction equipment lacking such an original manufacturer's identification plate, or with altered or illegible plates, will not be recognized as acceptable compaction equipment. Any equipment not principally manufactured for compaction purposes and equipment which is not in proper working order in all respects shall not be approved or used. The Engineer will also withhold approval of any compactor for which the, Contractor cannot furnish manufacturer's specifications covering data not obvious from a visual inspection of the equipment and necessary to determine its classification. The in-place field density shall be determined in accordance with ASTM D1556 or ASTM D2167. Compaction areas shall be kept separate and no layer shall be covered by another until the proper density is obtained. 4/91 SP P-152-5 Il l� During construction of the embankment, the Contractor shall route his equipment at all times, both when loaded and when empty, over the layers as they are placed and shall distribute the travel evenly over the entire width of the embankment. The equipment shall be operated in such a manner that hardpan, cemented gravel, clay or other chunky soil material will be broken up into small particles and become incorporated with the other material in the layer. In the construction of embankments, layer placement shall begin in the deepest portion of the fill. As placement progresses, layers shall be constructed approximately parallel to the finished pavement grade line. When rock and other embankment material are excavated at approximately the same time, the rock shall be incorporated into the outer portion of the embankment and the other material -shall be incorporated , under the future paved areas. Stones or fragmentary rock larger than 4 inches in their greatest dimensions will not be allowed in the top 6 inches of the subgrade. Rockfill shall be brought up in layers as specified or as directed and every effort shall be exerted to fill the voids with the finer material forming a dense, compact mass. Rock or boulders shall not be disposed of outside the excavation or embankment areas, except at places and in the manner designated by the Engineer. When the excavated material consists predominantly of rock fragments'of such size that the material cannot be placed in layers of the prescribed thickness without crushing, pulverizing or further breaking down the pieces, such material may be placed in the embankment as directed in layers not exceeding 2 feet in thickness. Each layer shall be leveled and smoothed with suitable leveling equipment and by distribution of spalls and finer fragments of rock. These type lifts shall not be constructed above an elevation 4 feet below the finished subgrade. Density requirements will not apply to portions of embankments constructed of materials which cannot be tested in accordance with specified methods. Frozen material shall not be placed in the embankment nor shall embankment be placed upon frozen material. There will be no separate measurement or payment for compacted embankment and all costs incidental to placing in layers, compacting, disking, watering, mixing, sloping and other necessary operations for construction of embankments will be included in the contract price for excavation, borrow or other items. 1524.7 FINISHING AND PROTECTION OF SUBGRADE. After the subgrade has been substantially completed, the full width shall be conditioned by removing any soft or other unstable material which will not compact properly. The resulting areas and all other low areas, holes or depressions shall be brought ' to grade with suitable select material. Scarifying, blading, rolling and other methods shall be performed to provide a thoroughly compacted subgrade shaped to the lines and grades shown on the Plans. ' Grading of the subgrade shall be performed so that it will drain readily. The Contractor shall take all precautions necessary to protect the subgrade from damage. Contractor shall limit hauling over the finished subgrade to that which is essential for construction purposes. All ruts or rough places that develop in a completed subgrade shall be smoothed and recompacted. No subbase, base or surface course shall be placed on the subgrade until the subgrade has been approved , by the Engineer. 1524.8 HAUL. All hauling will be considered a necessary and incidental part of the work. Its cost shah' be considered by the Contractor and included in the Contract unit price for the pay of items of work involved. No payment will be made separately or directly for hauling on any part of the work. The Contractor's equipment shall not cause damage to any compacted lift or to the subgrade as a result of hauling operations. Any damage to subgrade or compacted lifts caused as a result of the contractor's hauling operations shall be fully repaired at the Contractor's expense. 4/91 SP P-152-6 1 1524.9 TOLERANCES. In those areas upon which a subbase or base course is to be placed, the top of the subgrade shall be of such smoothness that, when tested with a 16 -foot straightedge applied parallel and at right angles to the centerline, it shall not show any deviation in excess of 1/2 -inch or shall not be more than 0.05 -foot from true grade as established by grade hubs or pins. Any deviation in excess of these amounts shall be corrected by loosening, adding or removing materials; reshaping, and recompacting by sprinkling and rolling. On runway safety areas, intermediate and other designated areas, the surface shall be of such smoothness that it will not vary more than 0.10 -foot from true grade as established by grade hubs. Any deviation in excess of this amount shall be corrected by loosening, adding or removing materials and reshaping. 1524.10 TOPSOIL. When topsoil is specified or required as shown on the Plans or under Item T- 902, it shall be salvaged from stripping or other grading operations. The topsoil shall meet the requirements of Item T- 902. If, at the time of excavation or stripping, the topsoil cannot be placed in its proper and final section of finished construction, the material shall be stockpiled at approved locations. Stockpiles shall not be placed within runway safety area limits and shall not be placed on areas which subsequently will require ' any excavation or embankment. If, in the judgement of the Engineer, it is practical to place the salvaged topsoil at the time of excavation ' or stripping, the material shall be placed in its final position without stockpiling or further rehandling. Upon completion of grading operations, stockpiled topsoil shall be handled and placed as directed or as required in Item T- 902. Payment will be made for topsoil under Item P-152. The quantity removed and placed directly or stockpiled and later placed shall be paid for at the Contract unit price per cubic yard under Common Excavation. ' Excess topsoil from the stockpile not utilized in the finished work shall be placed in locations on the site or disposed of as approved by the Engineer and shall be paid for at the Contract unit price for common excavation. 1524.11 REMOVAL OF WATER. Removal of water, if encountered, shall be in accordance with the Removal of Water Section of the General Provisions. Performance of the work described in this section is not payable directly, but shall be considered as a subsidiary obligation of the Contractor and included in ' the Contract price for the pay items of work involved. 1524.12 COMMON EXCAVATION - AREA NO. 1. Common excavation in Area No. 1 as indicated on the Plans shall include the removal of earth from the existing runway surface. The excavated material shall be removed and disposed of as directed by the Engineer. Areas adjacent to the Runway which are disturbed shall be restored and topsoiled, seeded and mulched in accordance with Item T-902. 152-5 METHOD OF MEASUREMENT. 152-5.1 Measurement for common excavation will be made on a lump sum basis for the completed items of work as identified on the Plans and as specified herein. 152-52 The quantity of pavement excavation to be paid for shall be the number of square yards of bituminous concrete and/or portland cement concrete, including stabilized base o- subbase material, measured in its original position. Unstabilized bases and subbases shall be in6uded under common excavation. 152-6 BASIS OF PAYMENT. 152-6.1 For common excavation, payment shall be made at the Contract lump sum price. No payment will be made for rehandling of stockpiled materials. This price shall be full compensation for furnishing all 4/91 SP P-152-7 materials, labor, equipment, tools and incidentals necessary to compelte the item. ' 152-6.2 For pavement excavation, payment shall be made at the Contract unit price per square yard. This price shall be full compensation for furnishing all materials, restoration of surfaces as indicated on the plans, labor, equipment, tools and incidentals necessary to complete the item. Payment will be made under: , Item P-152-6.1 - Common Excavation, Area No. 1 - Lump Sum Item P-152-62 - Pavement Excavation (Bituminous Concrete) - Per Square Yard TESTING REQUIREMENTS ASTM D698 Tests for Moisture -Density Relations of Soils ' and Soil -Aggregate Mixtures, Using 5.5 -pound Rammer and 12 -inch Drop ASTM D1556 Test for Density of Soil In -Place by the Sand Cone Method , ASTM D1557 Tests for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures, Using a 10 -pound Rammer and 18 -inch Drop ASTM D2167 Test for Density of Soil In -Place by the Rubber Balloon Method , END OF ITEM 4/91 SP P-152-8 I,] ITEM P-158 I SUBBASE COURSE ' 158-1 DESCRIPTION. 158-6.1 No payment will be made separately or directly for this item on any part of the work unless otherwise listed in the various pay items. All subbase course will be considered a necessary and incidental part of the work and its cost shall be considered by the contractor and included in the contract price for the pay items of work involved. IEND OF ITEM 10/90 SP P-158-1 158-1.1 This item shall consist of a subbase course composed of granular materials constructed on a ' prepared subgrade or underlying course in accordance with these Specifications, and in conformity with the dimensions and typical cross section shown on the Plans, and with the lines and grades established by the Engineer. ' 158-2 MATERIALS. ' 158-2.1 SUBBASE MATERIAL. Materials shall meet the requirements of the New York State Department of Transportation Standard Specifications latest issue, Section 304-2 plus all revisions and addenda pertaining thereto and shall meet the requirements for Type 2 subbase course. ' 158-3 SUBMITTALS AND CERTIFICATIONS. 158-3.1 SUBMITTALS AND CERTIFICATIONS. Submittals of "Shop and Setting Drawings," "Working Drawings," "Catalogue Data" and "Certifications" for review shall be submitted in r ccordance with appropriate sections of the General provisions. Submittals and Certifications required are as follows: - Gradation sieve analysis. ' - Material identification and certification that material meets NYSDOT Standard Specifications for Subbase Course. 1584 CONSTRUCTION DETAILS. ' 1584.1 Construction details shallbe in accordance with the New York State Department of Transportation Standard Specifications, latest issue, Section 3043 all revisions and addenda pertaining thereto. plus 158-5 METHOD OF MEASUREMENT. 158-5.1 No measurement will be made for direct payment of subbase course, as the cost of furnishing and installing shall be considered as a subsidiary obligation in the completion of the work. 158-6 BASIS OF PAYMENT. 158-6.1 No payment will be made separately or directly for this item on any part of the work unless otherwise listed in the various pay items. All subbase course will be considered a necessary and incidental part of the work and its cost shall be considered by the contractor and included in the contract price for the pay items of work involved. IEND OF ITEM 10/90 SP P-158-1 ITEM P409 ' BITUMINOUS CONCRETE PAVEMENT 409-1 DESCRIPTION. 409-1.1 This item shall consist of Bituminous Concrete Pavement courses placed on a prepared foundation , course in accordance with these Specifications and in conformance with the lines, grades, thiclmesses, and typical section shown on the Plans or established by the Engineer. 409-2 MATERIALS. 409-2.1 The materials for the Bituminous Concrete Pavement courses shall meet the requirements of the New York State Department of Transportation Standard Specifications latest issue, Section 401-2 - Materials, plus all revisions and addenda pertaining thereto. The composition of the bituminous plant mixtures shall meet the requirements under Table 401-1, for the following courses: ' Binder Course Type 3 Surface Course - Type 6F 409-3 SUBMITTALS AND CERTIFICATIONS. , 409-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: NYSDOT approved Job Mix Formulas for each type of bituminous mix used in the work. Material identification and certification that material meets NYSDOT Standard Specifications for Plant Mix Pavements. 4094 CONSTRUCTION METHODS. 4094.1 Construction methods shall be in accordance with New York State Department of Transportation Standard Specifications latest issue, plus all revisions and addenda pertaining thereto, and shall meet the ' requirements under 401-3. True and level courses shall be constructed in accordance with Section 401-3.07 Conditioning of Existing ' Surface of the NYSDOT Standard Specifications. 409-5 METHOD OF MEASUREMENT. 409-5.1 No measurement will be made for direct payment of bituminous concrete pavement, as the cost of furnishing and installing shall be considered as a subsidiary obligation in the completion of the work. , 409-6 BASIS OF PAYMENT. 409-6.1 No p..yment will be made separately or directly for this item on any part of the work unless , otherwise listed in the various pay items. All bituminous concrete pavement will be considered a necessary and incidential part of the work and its cost shall be considered by the contractor and included in the contract price for the pay items of work involved. , END OF ITEM 4/91 SP P409-1 C 1 11 1� 1 ITEM P-603 BITUMINOUS TACK COAT 603-1 DESCRIPTION. 603-1.1 This item shall consist of preparing and treating a bituminous or concrete surface with bituminous material in accordance with these Specifications and in conformity with the limits shown on the Contract Drawings or established by the Engineer. 603-2 MATERIALS. 603-2.1 BITUMINOUS MATERIALS. The bituminous material shall be emulsified asphalt and shall conform to the requirements of Table 1. The type, grade, controlling specification and application temperature of bituminous material to be used shall be approved by the Engineer and shall be in accordance with the New York State Department of Transportation Standard Specifications, latest issue, plus all revisions and addenda pertaining thereto. TABLE 1- BITUMINOUS MATERIAL Type and Grade Emulsified Asphalt SS -1h CSS -1h HFMS-2h 603-3 SUBMITTALS AND CERTIFICATIONS Specification NYSDOT Item 702-3601 NYSDOT Item 7024501 NYSDOT Item 702-3401 603-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required aiie as follows: Material identification and certification that material meets NYSDOT Standard Specifications for Bituminous Materials The Contractor shall furnish the vendor's certified test reports for each carload, or equivalent, of bituminous material shipped to the Project. The report shall be delivered to the Engineer before permission is granted for use of the material. The furnishing of the vendor's certified test report for the bituminous material shall not be interpreted as a basis for final acceptance. All such test reports shall be subject to verification by testing samples of material received for use on the Project. 6034 CONSTRUCTION METHODS. 6034.1 WEATHER LII4IITATIONS. The tack coat shall be applied only when the e3dsting surface is dry and the atmospheric temperature is above 60 degrees F. The temperature requirements may be waived, but only when so directed by the Engineer. 1/90 SP P-603-1 6034.2 EQUIPMENT. The Contractor shall provide equipment for heating and applying the ' bituminous material. The distributor shall be designed, equipped, maintained and operated so that bituminous material at ' even heat may be applied uniformly on variable widths of surface at the specified rate. The allowable variation from the specified rate shall not exceed 10 percent. Distributor equipment shall include a , tachometer, pressure gages, volume measuring devices or a calibrated tank and a thermometer for measuring temperatures of tank contents. The distributor shall be self -powered and shall be equipped with a power unit for the pump and full circulation spray bars adjustable laterally and vertically. A power broom and/or blower shall be provided for any required cleaning of the surface to be treated. 6034.3 APPLICATION OF BITUMINOUS MATERIAL. Immediately before applying the tack coat, , the full width of surface to be treated shall be swept with a power broom and/or airblast to remove all loose dirt and other objectionable material. Emulsified asphalt shall be diluted by the addition of water when directed by the Engineer and shall be , applied a sufficient time in advance of the paver to ensure that all water has evaporated before any of the overlying mixture is placed on the tacked surface. The bituminous material including vehicle or solvent shall be uniformly applied with a bituminous , distributor at the rate of 0.05 to 0.15 gallons per square yard depending on the condition of the existing surface. The type of T -ituminous material and application rate shall be approved by the Engineer prior , to application. Following the applicat-on, the surface shall be allowed to cure without being disturbed for such period of time as may be necessary to permit drying out and setting of the tack coat. This period shall be ' determined by the Engineer. The surface shall then be maintained by the Contractor until the next cc arse has been placed. Suitable precautions shall be taken by the Contractor to protect the surface against damage during this interval. ' 6034.4 FREIGHT AND WEIGH BILLS. Before the final estimate, the Contractor shall file with the 1_ \Engineer receipted bills when railroad shipments are made and certified weigh bills when materials are ' deceived in any other manner, of the bituminous materials actually used in the construction covered by this Contract. The Contractor shall not remove bituminous material from the tank car or storage tank until the initial outage and temperature measurements have been taken by the Engineer, nor shall the car or tank be release unt e m outage as een en y eEngineer. Copies of freight bills , and weigh bills shall be furnished to the Engineer during the progress of the work. 603-5 METHOD OF MEASUREMENT. I 603-5.1 No measurement will be made for direct payment of bituminous tack coat, as the cost of furnishing and installing shall be considered as a subsidiary obligation in the completion of the work. 603-6 BASIS OF PAYMENT. I 603-6.1 No payment will be made separately or directly for this item on any part of the work unless ' otherwise listed in the various pay items. All bituminous tack coat will be considered a necessary and incidental part of the work and its cost shall be considered by the contractor and included in the contract price for the pay items of work involved. ' 1/90 SP P-603-2 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1/90 MATERIAL REQUIREMENTS ASTM D977 Emulsified Asphalt ASTM D2397 Cationic Emulsified Asphalt Asphalt Institute Temperature -Volume Corrections for Manual MS -6 Emulsified Asphalts Table IV -3 END OF ITEM SP P-603-3 ITEM P-605 ' JOINT SEALING FILLER ' 605-1 DESCRIPTION. 605-1.1 This item shall consist of providing and installing a resilient and adhesive joint sealing filler capable of effectively sealing joints and cracks in pavements. , 605-2 MATERIALS. , 605-2.1 JOINT SEALERS. Joint sealing materials shall meet the requirements of one or more of the following types as indicated on the Contract Drawings. ' Fed. Spec. SS -S-200 - Sealing Compounds, Two -Component, Elastomeric, Polymer Type, Jet Fuel Resistant, Cold Applied. ASTM D1854 - Jet Fuel Resistant Concrete Joint Sealer, Hot Poured Elastic Type ' ASTM D2628 - Preformed Polychloroprene Elastomeric Joint Seals for Concrete Pavements ' ASTM D3405 - Joint Sealants, Hot Poured, for Concrete and Asphalt Pavements ASTM D3406 - Joint Sealants, Hot Poured, Elastomeric Type, for Portland Cement Concrete ' Pavements ASTM D3569 - Joint Sealant, Hot Poured, Elastomeric, Jet Fuel Resistant Type, for Portland Cement Concrete Pavements , ASTM D3581 - Joint Sealant, Hot Poured, Jet Fuel Resistant Type, for Portland Cement Concrete and Tar Concrete Pavements ' If preformed joint sealer is specified, the manufacturer shall certify that the preformed seal will exert a minimum pressure of 3.0 pounds per square inch when compressed to 80 percent of nominal width and a maximum of 25.0 pounds per square inch when compressed to 50 percent of nominal width. ' Each lot or batch of sealing compound shall be delivered to the job site in the manufacturer's original sealed container. Each container shall be marked with the manufacturer's name, batch or lot number and ' the safe heating temperature and shall be accompanied by the manufacturer's certification stating that the compound meets the requirements of this Specification. ' Each lot of preformed joint sealer delivered to the job site shall be accompanied by the manufacturer's certification stating that it meets the requirements of this Specification. 605-2.2 LUBRICANT. Lubricant for installation of preformed joint seal shall be a one -component ' polychloroprene compound containing only soluble phenolic resins blended together with anti -oxidants and acid acceptors in aromatic hydrocarbon solvent mixture and shall meet the following requirements: ' 1/90 SP P-605-1 1 r 1 L' l LJ Requirements ASTM Average Weight Per Gallon, Pounds 7.8 Solids Content, Percent by Weight 22-28 D1644, Method A Film Strength, psi 2,300 Min. D412 Elongation, Percent 750 Min. D412 Each shipment of lubricant shall be delivered to the job site in the manufacturer's original sealed container. Each container shall be marked with the manufacturer's name, batch or lot number and the date of manufacture and shall be accompanied by the manufacturer's certification stating that the lubricant meets the requirements of the Specification. This lubricant shall be stored at a temperature between 50 degrees F (10 degrees C) and 80 degrees F (27 degrees C) and shall be used within 270 days of its manufacture. 605-23 BACKER ROD. Backer rod shall be a flexible, round, continuous rod, manufactured from cross- linked, closed cell polyolefin, and capable of withstanding temperatures of hot -applied sealers. Backer Rods shall be compatible with the sealer and made specifically for this purpose, and approved by the Engineer. 605-2.4 BOND BREAKER. Bond breaker shall be compatible with the sealer and made specifically for this purpose, and approved by the Engineer. 605-3 SUBMITTALS AND CERTIFICATIONS 605-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: - Catalog Data and Certification showing that the joint sealer meets the requirements specified. - Catalog data and certification that lubricant meets the requirements specified. - Catalog data and certification that backer rod meets the requirements specified. - Catalog data and certification that bond breaker meets the requirements specified. 6054 CONSTRUCTION METHODS. 6054.1 TIME OF APPLICATION. Joints shall be sealed as soon as the concrete has cured the required amount of time. No traffic will be allowed on pavements (includin- construction vehicles) until the joints have been sealed in accordance with this Specification. The �,avement temperature shall be above 40 degrees F (5 degrees C) at the time of the installation of the preformed joint seal or 50 degrees F (10 degrees C) at the time of installation of poured joint sealing material. " 60542 PREPARATION OF JOINTS. Immediately before sealing, the joints shall be thoroughly cleaned of all laitance, curing compound and other foreign material. Cleaning shall be accomplished by sandblasting, wire brushing or high pressure water blast. Upon completion of cleaning, the joints shall be blown out with compressed air. The joint faces shall be surface dry when the seal is applied. 1/90 SP P-605-2 Prior to resealing joints, the existing joint material shall be removed to the depth as shown on the Contract ' Drawings. If joint sealer other than that originally used is specified, all existing joint sealer shall be removed. Sandblasting or wire brushing is the recommended method of cleaning since the joints can be primed immediately after the cleaning. — 60543 INSTALLATION OF SEALANTS. Joints shall be inspected for proper width, depth, alignment and , preparation, and shall be approved by the Engineer before sealing is allowed. Sealants shall be placed in accordance with the following requirements: ' A. Hot Poured Sealants. The joint sealant shall be applied uniformly solid from bottom to top and shall be filled without formation of entrapped air or voids. A backing material shall be placed as shown on the Contract Drawings and shall be nonadhesive to the concrete or the sealant material. , The heating kettle shall be an indirect heating type, constructed as a double boiler. A positive temperature control and mechanical agitation shall be provided. The sealant shall not be heated to more than 20 degrees F (-11 degrees C) below the safe heating temperature. The safe heating temperature can be obtained from the manufacturer's shipping container. A direct connecting ' pressure type extruding device with nozzles shaped for insertion into the joint shall be provided. — Any sealant spilled on the surface of the pavement shall be removed immediately. ' B. Cold Applied Sealants. Cold applied joint sealing compound shall be applied by means of pressure equipment that will force the sealing material to the bottom of the joint and completely fill the joint without spilling the material on the surface of the pavement. A backing ma.erial shall be , placed as shown on the Contract Drawings and shall be non -adhesive to the concrete or the sealant material. Sealant which does not bond to the concrete surface of the joint walls, cortains voids or fails to set to a tack -free condition will be rejected and replaced by the Contractor at no additional cost. Before sealing the joints, the Contractor shall demonstrate that the equipment and , procedures for preparing, mixing and placing the sealant will prc duce a satisfactory joint seal. This shall include the preparation of two small batches and the application of the resulting material. ' Backup material or bond breaker in the bottom of the joint to be filled is required to control the depth of the sealant, to achieve the desired shape factor and to support the sealant against indentation and sag. Backup materials and bond breakers shall be compatible with the sealant, shall not adhere to the sealant, shall be compressible without extruding the sealant and shall ' recover to maintain contact with the joint faces when the joint is open. C. Preformed Elastomeric Joint Seals. Preformed joint sealer shall be placed using equipment ' capable of installing the sealer in the upright position, without cutting, nicking, distorting or otherwise damaging the seal. Lubricant shall be applied to the concrete or the preformed seal, or both, and the seal shall be installed in a substantially compressed condition and at the depth below ' the surface of the pavement as shown on the Contract Drawings. The method of installation shall be such that the joint sealer will not be stretched more than 5 percent of the minimum theoretical length or compressed more than 2 percent. The method of installation shall be checked for ' stretching or compression, using transverse joint sealer. The check shall consist of installing sealer in five joints of at least 25 feet in length, removing the sealer immediately after installation and checking the length. This check -,ay be modified by pre -marking or precutting the sealer to length ' prior to installation if this is compatible with the equipment being used. If the measured length of any of these five sealers indicated that the sealer is stretched or compressed beyond these limits, the installation shall be modified to correct the situation. Once satisfactory sealing operations have started, one joint length per every hundred shall be removed and checked. If the limits are , exceeded, the joint sealers on either side should be removed until the condition disappears. The affected joints shall be resealed in a satisfactory manner at no cost to the Owner and the method of installation shall be checked again for satisfactory procedure. The seal shall be installed in the ' 1/90 SP P-605-3 1 longest practicable lengths in longitudinal joints and shall be cut at the joint intersections for continuous installation of the seal in the transverse joints. 605-5 METHOD OF MEASUREMENT. 605-5.1 No measurement will be made for direct payment of joint sealing filler, as the, cost of furnishing and installing shall be considered as a subsidiary obligation in the completion of the work. 605-6 BASIS OF PAYMENT. 605-6.1 No payment will be made separately or directly for this item on any part of the work unless otherwise listed in the various pay items. All joint sealing filler will be considered a necessary and incidental part of the work and its cost shall be considered by the Contractor and included in the contract price for the pay items of work involved. TESTING REQUIREMENTS ASTM D412 Tests for Rubber Properties in Tension ASTM D1644 Tests for Nonvolatile Content of Varnishes MATERIAL REQUIREMENTS ASTM D1854 Jet Fuel Resistant Concrete Joint Sealer, Hot Poured Elastic Type ASTM D2628 Preformed Polychloroprene Elastomeric Joint Seals for Concrete Pavements ASTM D3405Joint Sealants, Hot Poured, for Concrete and Asphalt Pavements ASTM D3406 Joint Sealants, Hot Poured, Elastomeric Type, for Portland Cement Concrete Pavements ASTM D3569 Joint Sealant, Hot Poured, Elastomeric, Jet Fuel Resistant Type, for Portland Cement Concrete Pavements ASTM D3581 Joint Sealant, Hot Poured, Jet Fuel Resistant Type, for Portland Cement Concrete and Tar Concrete Pavements Fed. Spec. SS -S-200 Sealing Compounds, Two Component, Elastomeric, Polymer Type, Jet Fuel Resistant, Cold Applied END OF ITEM 1/90 SP P-605-4 ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE 610-1 DESCRIPTION. 610-1.1 This item shall consist of either plain or reinforced structural portland cement concrete, prepared, constructed, finished, and cured in accordance with these Specifications, at the locations and of the form and dimensions shown on the Plans. The concrete shall be composed of coarse aggregate, fine aggregate, portland cement, admixtures, and water. 610-2 MATERIALS. 610-2.1 GENERAL Only approved materials, conforming to the requirements of these specifications, shall be used in the work. They may be subjected to inspection and tests at any time during the progress of their preparation or use. The source of supply of each of the materials shall be approved by the Engineer before delivery or use is started. Representative preliminary samples of the materials shall be submitted by the Contractor, when required, for examination and test. Concrete shall be mixed and supplied from a New York State Department of Transportation certified plant. Aggregate sources shall be NYSDOT approved sources. Materials shall be stored and handled to insu a the preservation of their quality and fitness for use and shall be located to facilitate prompt inspection. Upon delivery to site, c taterials shall be unloaded and stored off the ground on pallets or blocking and covered with a waterproof covering allowing for adequate air circulation. Reinforcing steel shall be delivered to the project site cut to length, bent, and in secure bundles, marked with metal tags indicating bar sizes and lengths. All equipment for handling and transporting materials and concrete must be clean before any material or concrete is placed therein. In no case shall the use of pit -run or naturally mixed aggregates be permitted. Naturally mixed aggregate shall be screened and washed, and all fine and coarse aggregates shall be stored separately and kept clean. The mixing of different kinds of aggregates from different sources in one storage pile or alternating batches of different aggregates will not be permitted. 610-2.2 COARSE AGGREGATE. The coarse aggregate for concrete shall meet the requirements of ASTM C 33. The percentage of wear shall be not more than 45 at 500 revolutions as determined by the ASTM C 131. Coarse aggregate shall be well graded from coarse to fine and shall meet one of the gradations shown in Table 1, using ASTM C 136. 1/90 SP P-610-1 r TABLE 1 - GRADATION FOR COARSE AGGREGATE Mix Design Percentage By Weight Passing Sieves 2 " 11/2" 1" /4" 1/2" /8" No. 4 610-2.6 ADMIXTURES. The use of any material added to the concrete mix shall be approved by the • Engineer. Before approval of any material, the Contractor shall be required to submit the results of complete physical and chemical analyses made by an acceptable testing laboratory. Subsequent tests shall 190 SP P-610-2 11h" Max . --- 100 95-100 --- 25-60 --- 0-10 610-2.3 FINE AGGREGATE. The fine aggregate for concrete shall meet the requirements of ASTM C 33 and the gradation shown in Table 2. TABLE 2 - GRADATION FOR FINE AGGREGATE Percentage By Weight Sieve Designations Passing Sieves 3/8 Inch 100 No. 4 95-100 No. 16 45-80 No. 30 25-55 No. 50 10-30 No. 100 2-10 Blending will be permitted, if necessary, in order to meet the gradation requirements for fine aggregate. Fine aggregate deficient in the percentage of material passing the No. 50 mesh sieve may be accepted, provided that such deficiency does not exceed 5% and is remedied by the addition of pozzolanic or cementitious materials other than portland cement, as specified in 610-2.6 on admixtures, in sufficient quantity to produce the required workability as approved by the Engineer. 610-2.4 CEMENT. The cement used shall be portland cement conforming to the requirements of the type specified: , A. Portland Cement ASTM C 150 B. Air -Entraining Portland Cement ASTM C 150 C. Portland Blast -Furnace Slag Cement ASTM C 595 D. Air Entraining Portland Blast Furnace Slag Cement ASTM C 595 The Contractor shall furnish vendors' certified mill test reports for each carload, or equivalent, of cement shipped to the project. The report shall be delivered to the Engineer before permission to use the cement is granted. All such test reports shall be subject to verification by testing sample materials received for use on the project. 610-2.5 WATER. The water used in concrete shall be clear, free from sewage, oil, acid, strong alkalies, vegetable matter, clay, loam, or other deleterious substances. If the water is of questionable quality, it shall be tested in accordance with AASHTO T 26. Approval of the Engineer is required for any water source other than a public potable water supply. 610-2.6 ADMIXTURES. The use of any material added to the concrete mix shall be approved by the • Engineer. Before approval of any material, the Contractor shall be required to submit the results of complete physical and chemical analyses made by an acceptable testing laboratory. Subsequent tests shall 190 SP P-610-2 1 - Certification that coarse aggregate meets the requirements specified -Gradation sieve analyses of coarse aggregate - Certification that fine aggregate meets the requirements specified - Gradation sieve analyses of fine aggregate Vendors certified mill test report showing that cement meets the requirements specified - Certification that water meet., the requirements specified - Certifications and catalogue d, ra showing that admixtures meet the requirements specified - Certifications and catalogue data showing that premolded joint material meets the requirements specified - Certification that reinforcing steel meets the requirements specified - Certification that calcium chloride meets the requirements speed - Method of curing concrete and certification that curing material meets the requirements specified - Concrete mix designs for each class and type of concrete used in the work - Certified test results showing the minimum design strength at twenty-eight days 1/90 SP P-610-3 be made of samples taken by the Engineer from the supply of the material being furnished or proposed for use on the work to determine whether the admixture is uniform in quality with that approved. Air -entraining admixtures shall meet the requirements of ASTM C 260. Air -entraining admixtures shall be added at the mixer in the amount necessary to produce the specified air content. Water -reducing, set -controlling admixtures shall meet the requirements of ASTM C 494, Type A, water - reducing or Type D, water -reducing and retarding. Water -reducing admixtures shall be added at the mixer separately from air -entraining admixtures in accordance with the manufacturer's printed instruction. Fly ash and raw or calcined natural pozzolan admixtures shall meet the requirements of ASTM C 618. No admixture containing calcium chloride shall be used in concrete which comes in contact with aluminum or galvanized metal. 610-2.7 PREMOLDED JOINT MATERIAL Premolded joint material for expansion joints shall meet the requirements of ASTM D 1751 or ASTM D 1752. 610-2.8 JOINT SEALANT. The sealant for joints shall meet the requirements of U.S. Federal Spec. No. TT -S -00227E, unless otherwise speed in the proposal. 610-2.9 STEEL REINFORCEMENT AND ACCESSORIES. Concrete reinforcing shall consist of deformed bars of new billet steel with a minimum yield of 60,000 psi and meeting the requirements of ASTM A 615, grade 60. Epoxy -coated reinforcing bars shall meet the requirements of ASTM A 775. Weldec wire fabric shall meet the requirements of ASTM A 185. Tie wire shall be 16 gage (minimum) annealet. steel type. Chairs, bolsters, bar supports and spacers shall be sized and shaped for strength and support of reinforcement during installation and placement of concrete. , 610-2.10 CALCIUM CHLORIDE. When calcium chloride is permitted b - the Engineer as an accelerator, the maximum allowable total chloride content in concrete shall not exceed 0.1Q percent by weight of cement. 610-2.11 COVER MATERIALS FOR CURING. Curing materials shall conform to the requirements of ASTM C 171 Sheet Materials for Curing Concrete. 610-3 SUBMITTALS AND CERTIFICATIONS. 610-3.1 Submittals of "Shop and Setting Drawings% "Working Drawings% "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: - Certification that coarse aggregate meets the requirements specified -Gradation sieve analyses of coarse aggregate - Certification that fine aggregate meets the requirements specified - Gradation sieve analyses of fine aggregate Vendors certified mill test report showing that cement meets the requirements specified - Certification that water meet., the requirements specified - Certifications and catalogue d, ra showing that admixtures meet the requirements specified - Certifications and catalogue data showing that premolded joint material meets the requirements specified - Certification that reinforcing steel meets the requirements specified - Certification that calcium chloride meets the requirements speed - Method of curing concrete and certification that curing material meets the requirements specified - Concrete mix designs for each class and type of concrete used in the work - Certified test results showing the minimum design strength at twenty-eight days 1/90 SP P-610-3 l - Name, location and NYSDOT certification of concrete supplier and material sources Reinforcing bar list and schedule 6104 CONSTRUCTION METHODS. 6104.1 GENERAL. The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work as shown on the drawings and specified herein. All machinery and equipment owned or controlled by the Contractor, which he proposes to use on the work, shall be of sufficient size to meet the requirements of the work, and shall be such as to produce satisfactory work; all work shall be subject to the inspection and approval of the Engineer. The Contractor shall employ, at all times, a sufficient force of workmen of such experience and ability that the work can be prosecuted in a satisfactory and workmanlike manner. 6104.2 CONCRETE PROPORTIONS. The concrete shall consist of a mixture of coarse aggregate, fine aggregate, portland cement, approved admixtures, and water. All aggregates and bulk cement shall be measured by weight. In pro -portioning aggregates and mixing water, compensation shall be made for the weight of moisture in the aggregates, and shall be determined on a daily basis. If it is impossible, with the aggregates selected, to prepare concrete of the proper consistency without exceeding the maximum water -cement ration specified, the total weight of aggregate shall be reduced by the Engineer until concrete of the proper consistency is obtained without exceeding the maximum net water content specified. However, the Contractor shall not be compensated for any additional cement which may be required by such adjustment. Unless otherwise specified, all concrete shall have a minimum 28 -day c-)mpressive strength of 4,000 psi as determined by test cylinders made in accordance with ASTM C 31. Tie water -cement ratio shall not be greater than 0.46. Slump range shall be 3" to 4" when tested in accordance with ASTM C 143. Yield tests, made in accordance with specificatioa,s ASTM C 85, may be made by the Engineer for the purpose of determining the cement content per Cubic yard of concrete. If at any time such cement content is found to be less than that speed per cubic yard, the batch weights shall be reduced until the amount of cement per cubic yard of concrete conforms to the requirements. The net mixing water shall be adjusted for the moisture contained in the aggregates, and for the moisture which they will absorb, in order to determine the amount of water to be added at the mixer. The absorption of the fine and coarse aggregates shall be determined by ASTM C 128 and ASTM C 127. When an air -entraining admixture or air -entraining pordand cement is used, there will be a bulking of the mortar of the concrete due to the amount of entrained air. To keep the cement factor specified at the correct amount, the weight of the fine aggregate shall be reduced, as directed by the Engineer. The reduction in the fine aggregate shall be determined by yield tests as specified. Under average conditions the reduction of the sand should be about 3% of the total weight of the fine and coarse aggregate. The air content of the concrete shall be between 3 and 6%, by volume. The air content by volume shall be based on measurements made on concrete immediately after discharge r from the mixer in acc . *dance with ASTM C 231. 61043 CONTROL TESTS. When directed by the Engineer, the Contractor shall make test cylinders or beams from the concrete as mixed for the work as herein specified. jConcrete cylindrical test specimens and beam test specimens shall be made in accordance with ASTM C 31. The Contractor shall cure, protect, and store the test specimens under such conditions as directed by the Engineer. The transportation of and testing of concrete cylinders and beams will be performed by a testing laboratory, employed by the Owner. Compressive strength of concrete cylinders will be determined 1/90 SP P-610-4 Ll in accordance with ASTM C 39. Flexural strength of concrete beam specimens will be determined in accordance with ASTM C 78. 6104.4 PROPORTIONING AND MEASURING DEVICES. When package cement is used, the quantity for each batch shall be equal to one or more whole sacks of cement. The aggregates shall be measured separately by weight. If aggregates are delivered to the mixer in batch trucks, the exact amount for each mixer charge shall be contained in each batch compartment. Weighing boxes or hoppers shall be approved by the Engineer and shall provide means of regulating the flow of aggregates into the batch box so that the required and exact weight of aggregates can be readily obtained. 6104.5 CONSISTENCY. The consistency of the concrete shall be checked by the slump test specified in ASTM C 143. 6104.7 MIXING CONDITIONS. The concrete shall be mixed only in quantities required for immediate use. Concrete shall not be mixed while the air temperature is below 40°F without permission of the Engineer. If permission is granted for mixing under such conditions, aggregates or water, or both, shall be heated and the concrete shall be placed at a temperature not less than 50° nor more than 100°F. The Contractor shall be held responsible for any defective work, resulting from freezing or injury in any manner during placing and curing, and shall replace such work at his expense. Retempering of concrete by adding water or any other material shall not be permitted. The delivery of concrete to the job shall be in su :h a manner that batches of concrete will be deposited at uninterrupted intervals. Maximum interval between successive truckloads of concrete discharged into the work shall not exceed 30 minutes. 6104.8 FORMS. Concrete shall not be placed until all the forms and reinforcements have been inspected; and approved by the Engineer. Forms shall be of suitable material and shall be of the type, size, shape, quality, and strength to build the structure as designed on the plans. The forms shall be true to line and grade and shall be mortar -tight and sufficiently rigid to prevent displacement and sagging between supports. The Contractor shall bear responsibility for their adequacy. The surfaces of forms shall be smooth and free from irregularities, dents, sags, and holes. The internal ties shall be arranged so that, when the forms are removed, no metal will show in the concrete surface or discolor the surface when exposed to weathering. All forms shall be wetted with water or with a nonstaining mineral oil which shall be applied shortly before the concrete is placed. Forms shall be constructed so that they can be removed without injuring the concrete or concrete surface. The forms shall not be removed, before the expiration of at least 30 hours, from vertical faces, walls, slender columns, and similar structures; forms supported by falsework under slabs, beams, girders, arches, and similar construction shall not be removed until tests indicate that at least 60% of the design strength of the concrete has developed. Forms shall not be removed without prior approval from the Engineer. 6104.9 PLACING REINFORCEMENT. All reinforcement shall be accurately placed, as shown on the plans, and shall be firmly held in position during concreting. Bars shall be fastened together at intersections. The reinforcement shall be supported by approved metal chairs. Shop drawings, lists, and vending details shall be supplied by the Contractor when required. 6104.10 EMBEDDED ITEMS. Before placing concrete, any items that are to be embedded shall be firmly and securely fastened in place as indicated. All such items shall be clean and free from coating, rust, scale, oil, or any foreign matter. The embedding of wood shall be avoided. The concrete shall be spaded and consolidated around and against embedded items. 6104.11 PLACING CONCRETE. All concrete shall be placed during daylight, unless otherwise approved. The concrete shall not be placed until the depth and character of foundation, the adequacy of forms and 1/90 SP P-610-5 J falsework, and the placing of the steel reinforcing have been approved. Concrete shall be placed as soon as practical after mixing and in no case later than one (1) hour after water has been added to the mix. The method and manner of placing shall be such to avoid segregation and displacement of the reinforcement. Troughs, pipes, and chutes shall be used as an aid in placing concrete when necessary. Dropping the concrete a distance of more than 5 feet, or depositing a large quantity at one point, will not be permitted. Concrete shall be placed upon clean, damp surfaces, free from running water, or upon properly consolidated soil. The concrete shall be compacted with suitable mechanical vibrators operating within the concrete. When necessary, vibrating shall be supplemented by hand spading suitable tools to assure proper and adequate compaction. Vibrators shall be manipulated so as to work the concrete thoroughly around the reinforcement and embedded fixtures and into corners and angles of the forms. The vibration at any joint shall be of sufficient duration to accomplish compaction but shall not be prolonged to the point where segregation occurs. Concrete deposited under water shall be carefully placed in a compact mass in its final position by means of a tremie, a closed bottom dump bucket, or other approved method and shall not be 1� disturbed after being deposited. 6104.12 CONSTRUCTION JOINTS. When the placing of concrete is suspended, necessary provisions shall be made for joining future work before the placed concrete takes its initial set. For the proper bonding of old and new concrete, such provisions shall be made for grooves, steps, keys, dovetails, reinforcing bars or other devices as may be prescribed. The work shall be arranged so that a section begun on any day shall be finished during daylight of the same day. Before depositing new concrete on or against concrete which has hardened, the surface of the hardened concrete shall be cleaned by a heavy steel broom, roughened slightly, wetted, and covered with a neat coating of cement paste or grout. 6104.13 EXPANSION JOINTS. Expansion joints shall be constructed at such points and of such �I dimensions as may be indicated on the drawings. The premolded filler shall be cut to the same shape as that of the surfaces being joined. The filler shall be fixed firmly against the surface of the concrete already in p' ace in such manner that it will not be displaced when concrete is deposited against it. 6104.14 DEFECTIVE WORK. Any defective work disclosed after the forms have been removed shall be immediately removed and replaced. If any dimensions are deficient, or if the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactorily, the entire section shall be removed and replaced at the expense of the Contractor. 6104.15 SURFACE FINISH. All exposed concrete surfaces shall be true, smooth, free from open or rough spaces, depressions, or projections. The concrete in horizontal plane surfaces shall be brought flush with the Finished top surface at the proper elevation and shall be struck -off with a straightedge and floated. Mortar finishing shall not be permitted, nor shall dry cement or sand -cement mortar be spread over the concrete during the finishing of horizontal plane surfaces. When directed, the surface finish of exposed concrete shall be a rubbed finish. If forms can be removed while the concrete is still green, the surface shall be pointed and wetted and then rubbed with a wooden float until all irregularities are removed. If the concrete has hardened before being rubbed, a carborundum stone shall be used to finish the surface. When approved, the finishing can be done with a rubbing machine. 6104.16 CURING AND PROTECTION. All concrete shall be properly cured and protected by the Contractor. The work shall be protected from the elements, flowing water, and from defacement of any nature during the building operations. The concrete shall be cured as soon as it has sufficiently hardened by covering with an approved material. Water -absorptive coverings shall be thoroughly saturated when placed and kept saturated for a period of at least 3 days. All curing mats or blankets shall be sufficiently weighted or tied down to keep the concrete surface covered and to prevent the surface from being exposed to currents of air. Where wooden forms are used, they shall be kept wet at all times until removed to prevent the opening of joints and drying out of the concrete. Traffic shall not be allowed on 1/90 SP P-610-6 t concrete surfaces for 7 days after the concrete has been placed. When specifically approved by the Engineer in writing, curing compound may be used, subject to approval of brand, provided discoloration does not occur and application is in accordance with manufacturer's directions and is compatible with subsequent finishes. Curing compounds shall not be used on any surface against which additional concrete or other cementitious finishing materials are to be bonded or on any surface which a waterproofing membrane is to be applied. Curing shall continue until the cumulative number of days, not necessarily consecutive, during which the temperature of the air in contact with the concrete is above 45 degrees F., has totaled seven days (three days with the use of Type III cement). i 6104.17 DRAINS OR DUCTS. Drainage pipes, conduits, and ducts that are to be encased in concrete shall be installed by the Contractor before the concrete is placed. The pipe shall be held rigidly so that it will not be displaced or moved during the placing of the concrete. 6104.18 COLD WEATHER PROTECTION. Adequate equipment shall be provided for beating the concrete materials and protecting the concrete during freezing or near freezing weather. All concreting operations in cold weather, when temperatures are below 40 degrees F., or are expected to fall below 40 degrees F shall conform to the requirements of ACI 306. 6104.19 HOT WEATHER CONCRETING. Care shall be taken to protect the concrete or schedule the op, .rations to avoid problems incurred with flash set or too -rapid drying conditions. All concreting operations during hot weather shall conform to the requirements of ACI 305. 610420 FILLING JOINTS. All joints which require filling shall be thoroughly cleaned, and any excess mortar or concrete shall be cut out with proper tools. Joint filling shall not be started until after final curing and shall be done only when the concrete is completely dry. The cleaning and filling shall be carefully done with proper equipment and in a manner to obtain a neat looking joint free from excess filler. 610421 EMBEDDED ITEMS. The Contractor shall build into the concrete such embedded items as inserts, sleeves, waterstops, etc., as shown on the Contract Drawings or as specified' 610-5 METHOD OF MEASUREMENT. 610-5.1 No measurement will be made for direct payment of structural concrete, as the cost of furnishing and installing shall be considered a subsidiary obligation to the completion of the work. 610-6 BASIS OF PAYMENT. 610-6.1 No payment will be made separately or directly for this item on any part of the work, unless otherwise listed in the various pay items. All structural concrete will be considered a necessary and incidental part of the work and its cost shall be considered by the Contractor and included in the Contract price for the pay items of work involved. TESTING AND MATERIAL REQUIREMENTS AASHTO T 26 Water AASHTO T 96 Los Angeles Abrasion Test U.S. Federal Spec. TT -S -00227E 1/90 SP P-610-7 1 i f L� 1 R END OF ITEM 1/90 SP P-610-8 ASTM C 33 Specification for Concrete Aggregates ASTM C 136 Sieve Analysis of Fine and Coarse Aggregates ASTM C 150 Specification for Portland Cement ASTM C 595 Specification for Blended Hydraulic Cements ASTM C 618 Specification for Fly Ash and Raw or Calcined Natural Poaolan for Use as a Mineral Admixture in Portland Cement Concrete ASTM C 260 Specification for Air Entraining Admixtures for Concrete ASTM C 494 Specification for Chemical Admixtures for Concrete ASTM C 171 Specification for Sheet Materials for Curing Concrete ASTM C 39 Test Method for Compressive Strength of Cylindrical Concrete Specimens ASTM C 78 Test Method for Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading) ASTM C 85 Cement Content of Hardened Portland Cement Concrete ASTM C 31 Method of Making and Curing Concrete Test Specimens in the Field ASTM C 127 Specific Gravity and Absorption of Coarse Aggregate ASTM C 128 Specific Gravity and Absorption of Fine Aggregate ASTM C 231 Test Method for Air Content of Freshly Mixed Concrete ASTM C 143 Test Method for Slump of Portland Cement Concrete ASTM C 185 Specification for Steel Welded Wire Fabric, Plain, for Concrete Reinforcement ASTM A 615 Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement ASTM D 1751 Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction ASTM D 1752 Specification for Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction ACI 305 Hot Weather Concreting ACI 306 Cold Weather Concreting i f L� 1 R END OF ITEM 1/90 SP P-610-8 1 ITEM P-612 FIELD OFFICE 612-1 DESCRIPTION. 612-1.1 This item shall consist of providing, furnishing and maintaining an Engineer's Field Office for the exclusive use of and occupancy by the Consultant field engineers. 612-2 FIELD OFFICE. - 612-2.1 FIELD TRAILER. The field office shall meet the requirements of the New York State Department of Transportation Standard Specifications, latest issue, plus all revisions and addenda pertaining thereto, Section 637 and shall be a Type "B" Engineer's Office. 612-2.2 FURNISHING EXISTING FACILUMS AND BUILDINGS. The Contractor may furnish equivalent facilities in existing buildings provided such facilities and buildings are located to provide convenient service and provided that the building location and facilities are approved by the Engineer in writing. 612-2.3 ADDITIONAL REQUIREMENTS. The Contractor shall provide and maintain an automatic telephone answering machine and a telefax machine (on separate telephone lines), both in good working order. 612-3 METHOD OF MEASUREMENT. 612-3.1 Payment will be made at the lump sum price bid for the field office. 6124 BASIS OF PAYMENT. 6124.1 The lump sum price bid shall include the cost of all labor, material, equipment, utility charges and all incidentals necessary to complete this item. Partial payments may be made at the discretion of the Engineer as the work progresses. Payment will be made under. Item P-612-4.1 - Field Office - Lump Sum END OF ITEM 1/90 SP P-612 1 1 ITEM P-620 RUNWAY PAINTING 620-1 DESCRIPTION. 620-1.1 This item shall consist of the painting of numbers, markings and stripes, and black paint over existing markings to be abandoned, on the surface of runways applied in accordance with these specifications and at the locations shown on the Contract Drawings, or as directed by the Engineer. 620-2 MATFRTAi.S. 620-2.1 PAINT. White and yellow paint shall meet the requirements of Federal Specification TT -P-85 or TT -P-1952. Black paint shall meet the requirements of Federal Specification TT -P- 110. Paint will be used without reflective media, unless otherwise shown or specified. 620-3 SUBMITTALS AND CERTIFICATIONS 620-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General ■ Provisions. Submittals and Certifications required are as follows: Catalog Data and Certification showing that paint meets the requirements specifie d. Catalog Data and Certification showing that reflective media meets the requirements ,specified. 6204 CONSTRUCTION METHODS, 6204.1 WEATHER LIMJTATIONS. The painting shall be performed only upon a dry surface, when the atmospheric temperature is above 45 degrees F (7 degrees C), and when the weather is not foggy or windy. The suitability of the weather will be determined by the Engineer. V 6204.2 EQUIPMENT. All equipment for the work shall be approved by the Engineer and shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, and such auxiliary hand painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall be designed so as to apply markings of uniform cross sections and clear-cut edges without running or spattering. 6204.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt laitance, and loose materials. Existing markings or stripes which are to be removed, shall be 95% removed by sand blasting or vacuum blasting to the satisfaction of the Owner and Engineer. Paint shall not be applied to portland cement concrete pavement until the concrete iq the areas to be painted is clean of curing material. Sand blasting or high pressure water shall be used to remove curing material from concrete surfaces. 4/91 SP P-620-1 A No direct payment for the work of this section will be made. All preparation of surfaces shall be considered a necessary and incidental part of the work and the costs shall be included in the various pay items involved. 620-4.4 LAYOUT OF MARIONGS. On those sections of pavement where no previously applied markings are available to serve as a guide, the proposed markings shall be laid out in advance of the paint application. Existing markings to be abandoned shall be covered with black paint. 620-4.5 APPLICATION. Markings shall be applied at the locations and to the dimensions and spacing �� PP shown on the plans. Paint shall not be applied until the layout and condition of the surface have been approved by the Engineer. All paint delivered to the job site must be accompanied by the manufacturer's certification that the paint meets the appropriate Federal Specification. The paint shall be delivered in sealed containers clearly �1 labeled by the manufacturer. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the following rates: Federal Specification No. ADolication Rate TT -P-85 100-110 s.f. per gallon TT -P-1952 100-110 s.f. per gallon TT -P-110 100-110 ;.f. per gallon The addition of thinners will not be permitted. The following periods shall elapse between placement of a bituminous surface course or seal coat and application rate unless otherwise approved by the Engineer. Federal SRecification No. Time Period TT -P-85 30 days 71T -P-1952 24 hours TT -P-110 30 days The edges of the markings shall not vary from a straight line more than 1/2 -inch in 50 feet and the dimensions shall be within a tolerance of plus or minus five percent (5%). Glass spheres, if required, shall be distributed to the surface of the marked areas immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass spheres. The spheres shall be applied at the rate of ten (10) pounds per gallon of paint. The Contractor shall furnish certified test reports for the materials shipped to the project. The reports shall not be interpreted as a basis for final acceptance. The Contractor shall notify the Engineer upon arrival of a shipment of paint to the job site. All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorizes' oy the Engineer. 6204.6 PROTECTION. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. 4/91 SP P-620-2 1 1 1 1 1 f 1 620-5 METHOD OF MEASUREMENT. 620-5.1 The quantity of runway markings to be paid for shall be the number of square feet of paint complete in place, all performed in accordance with the specifications and accepted by the Engineer. 620-6 BASIS OF PAYMENT. 620-6.1 Payment shall be made at the Contract unit price per square foot for runway painting. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-620-6.1 - . Runway Painting - per Square Foot Fed Spec. TT -P-85 Fed. Spec. TT -P-1952 Fed Spec. TT -P-110 Fed. Spec. TT -B-1325 4/91 TESTING REQUIREMENTS None MATERIAL REQUIREMENTS Paint, Traffic: Reflectorized for Airfield Runway Marking (Drop -On Type) Paint Traffic and Airfield Marking, Acrylic Emulsion Paint, Traffic: Black (Non-Reflectorized) Beads (Glass Spheres), Retro -Reflective END OF ITEM SP P-620-3 ITEM T-902 TOPSOIL, SEED AND MULCH 902-1 DESCRIPTION. 902-1.1 This item shall consist of furnishing and placing topsoil, fertilizer, seed and mulch on all areas shown on the Contract Drawings and all areas damaged due to the Contractor's operations, in accordance with these Specifications. 902-2 MATERIALS AND CONSTRUCTION METHODS. 902-2.1 TOPSOIL. Topsoil shall be placed in the locations designated on the Contract Drawings and by the Engineer. The Contractor shall furnish the required quantity of topsoil from approved sources off the site. Topsoil furnished shall be in accordance with the New York State Department of Transportation Standard Specifications latest issue, Section 713-01, plus all revisions and addenda pertaining thereto. Topsoil shall be spread over the areas to be seeded and shall be uniformly compacted by a light hand roller. When finished, the surfaces shall conform to existing grades and shall have a smooth pulverized surface prior to seeding. Any irregularities shall be corrected before the fertilizer and seed is placed. Any settlement or displacement of the topsoil shall be restored at the Contractor's expense. 902-2.2 SEEDING AND MULCHING OPERATIONS. A. Fertilizer. Complete, partially organic, containing by weight: Nitrogen 10% Phosphorous 6% Potash 4% B. Lawn Seed. Fresh, clean, new crop delivered unopened, bearing guaranteed analysis: Percent Percent Percent By Weight Varie Ew�y Germination 55 Kentucky Blue Grass 85 80 30 Red Fescue 98 85 15 Perennial Rye Grass 98 90 C. Mulch. Stalks of straw, free from noxious weeds. D. Tests. Sample of seed mixture shall be taken by Owner's representative for laboratory test. Cost of test shall be paid by Contractor. E. Lawn Work. 1. Plar.ting Season. Usually April 1 to May 15; August 15 to September 15, unless otherwise approved by the Engineer. 1/90 SP T-902-1 1 1 1 1 F. Seeding. 1. Preparation of Surfaces. Remove all stones, roots, rubbish, etc. 2. Fertilizing. 0.2 pounds commercial 10-6-4 per 10 square feet worked lightly into top 3 inches of topsoil. 3. Raking. Immediately before seeding, scarify and rake until surface is smooth, friable and of uniformly fine texture. 4. Mixture and Method. Lawn seed mixture shall be spread at the rate of 0.03 pounds per 10 square feet with a mechanical spreader. Seed shall be raked into the ground, rolled with a 100 -pound roller and watered with a fine spray to continue during dry weather. G. Mulching. 1. Scope. All seeded areas to depth as required. 2. Method. Hand spread immediately after seeded areas have been rolled and watered. 3. Responsibility. It shall be the Contractor's responsibility to add or remove mulch as needed to encourage seed germination and growth. H. Maintenance. Maintenance shall begin immediately after seeding is completed. The Contracti is responsibility for maintenance is to be continuous to the time of final acceptance of the work by the Owner. It is to include, but not be limited'to, reseeding, remulching, watering, mowing and reworking. 1. Owner's Responsibility. After final acceptance. I. Protection. 1. Areas. All seeded areas. 2. Responsibility. This Contractor at his own expense. J. Inspection and Acceptance. 1. Time. At conclusion of maintenance period. 2. Request. Written notice by Contractor requesting inspection, at least 10 days prior to anticipated date. 3. Inspection. Condition of lawn areas noted and determination by Owner's representative whether maintenance shall continue in any part. Contractor notified by Owner's representative of deficiencies or requirement for completion of work. 4. Reinspection. Maintenance and .nher work remaining to be done subject to reinspection before acceptance. 1/90 SP T-902-2 1 5. Final Acceptance. Written notification by Owner's representative to Contractor that lawn areas are acceptable according to Contract Drawings, details and Specifications. Time. After completion and reinspection of all remaining to be done. 4 l Payment. After final acceptance and in accordance with Item T- 902- 5. Basis of Payment. p K. Cleanup. 1. Materials. Stone, debris, tools, equipment, etc., removed. Entire area left in neat and. sightly condition. L. Refertilizing and Reseeding. The Contractor shall give all seeded areas an additional fertilization of 0.10 pounds per 10 square feet and reseed all unsatisfactory areas as directed the next planting season. Fertilizer shall be commercial 10-6-4. Nitrogen burn responsibility of this Contractor. Roll with a 100 -pound lawn roller to smooth out turf areas. (Coincide rolling with optimum soil moisture conditions.) AND CERTIFICATIONS. 902-3 SUBMITTALS 902-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: - Certification that topsoil meets the requirements specified; or Gradation Sieve Analysis, pH test of topsoil and organic content analysis. - Catalogue Data and certification showing that the guaranteed analysis of fertilizer meets the requirements specified. - Catalogue Data and certification showing that the seed mixture meets the requirements speed.; 9024 METHOD OF MEASUREMENT. 9024.1 No measurement will be made for direct payment of topsoil, seeding and mulching as the cost of furnishing and installing shall be considered as a subsidiary obligation in the completion of the various installations. 902-5 BASIS OF PAYMENT. 902-5.1 No payment will be made separately or directly for this item on any part of the work unless otherwise listed in the various payment items. All topsoil, seeding and mulching will be considered a necessary and incidental part of the work and its cost shall be considered by the Contractor and included in the Contract price for the pay items of work involved. I END OF ITEM 1/90 SP T-902-3 1 1 1 J 1 ITEM L-102 INSTALLATION OF AIRPORT SERVICE ENTRANCE 102.1. DESCRIPTION. 102-1.1: This item shall consist of the extension of an existing overhead primary powerline and installation of a secondary service entrance in a 2 -way ductbank to the proposed electrical building as shown on the Plans and specifications herein; and the furnishing of all incidentals necessary to place the service in operating condition to the satisfaction of the Engineer and Fisher Island Electric Company. 102-2. EQUIPMENT AND MATERIALS. 102-2.1 GENERAL. A. All equipment and materials necessary to perform required work shall be as supplied or as specified by Fisher Island Electric Company. 102-22 WIRE. The wires shall be of the type, size and number of conductors, and voltage ratings shown on the Plans and as directed by Fisher Island Electric Company. Power Circuits. 600 Volts Maximum. Wire shall be THWN No. 12 AWG copper or larger unless otherwise shown on the Contract Drawings and insulated for at least 600 volts. 102-23 RIGID STEEL CONDUIT. Rigid steel conduit and fittings shall be in accordance with Federal Specification WW -C-581 and ANSI Standard C80.1. Finish shall be hot dipped galvanized or sherardized inside and outside. All fittings for rigid metal conduit shall be the threaded type. 102-2.4 PVC COATED RIGID GALVANIZED STEEL. Conduit shall be in accordance with Federal Specification WW -C-581, prior to plastic coating. Coating shall be 0.040 -inch PVC factory applied, meeting NEMA Standard No. RN1-1980 (Type 40). Fittings shall have same treatment. Conduits and fittings shall be threaded. 102-25 PLASTIC CONDUIT. Plastic conduit and fittings shall conform to the requirements of Federal Specification W -C-1094 and shall be one of the following, as specified in the proposal: a. Type I - Suitable for underground use when encased in concrete; Type A - Thin Wall Rigid PV- Duit Conduit as manufactured by Carlon or approved equal. b. T)pe II - Suitable for either above ground or underground use, with or without concrete, encasement; Type 40 - Heavy Wall Rigid PV-Duit Plus Conduit as manufactured by Carlon or approved equal. 102-2.6 DUCT BANK. All duct bank shall be installed in accordance with the details shown on the Plans and Item L-110. No direct payment will be made for the installation of duct bank for the secondary service. The cost associated with installation of the duct bank from the utility pole to the proposed electrical building shall 8/90 SP L-102-1 1 be included in the Lump um price rice for this item. 102-3. SUBMITTALS AND CERTIFICATIONS 102.3.1: Submittals of "Shop and Setting Drawings", "Working Drawings", Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Each particular item of manufacture shall be submitted for approval with Catalogue Data and certifications showing that the material meets the requirements specified. Items which connect, interact or otherwise interface with one another shall be submitted concurrently for review and coordination. 1024. CONSTRUCTION METHODS. 1024.1 SERVICE ENTRANCE FEEDER. The Contractor shall provide single phase, three wire 120/240 volt 1 service as shown on the Plans. All work involved in the installation of the service entrance shall be performed by or at the direction of Fisher Island Electric Company: Jim Hancock Phone: 516-788-7543. The Contractor shall be responsible for and shall include in his proposal all Fisher Island Electric Company fees for the installation and connection of the new service, including inspection by the Board of Fire Underwriters. The Contractor shall provide electrical service from the existing overhead pole line to the proposed electric building along the approximate route shown on the Contract Drawings or as directed by Fisher Island Electric Company. Unless otherwise shown, exposed above groand conduit shall be .040 PVC coated RGS conduit. 102-5. METHOD OF MEASUREMENT. 102-5.1: Measurement 'or the installation of the Electrical Building service entrance shall be made on a Lump Sum basis including installation of all equipment, ductbank, cable, conduit, payment of all utility fees and installations as required for the complete installation of the proposed primary and secondary service entrance from the existing overhead pole line to the main terminals of DP -1. 102-6. BASIS OF PAYMENT. 102-6.1: Payment will be made on a lump sum basis for the completed and accepted service entrance installation. This price shall be full compensation for furnishing all materials and for all installation of these materials, and for all labor, equipment, utility fees, tools and incidentals necessary to complete the item. Payment will be made under: Item L-102-6.1 - Electrical Building Electrical Service - Lump Sum FEDERAL SPECIFICATIONS REFERENCED ON ITEM L-102 Number Title J -C-30 Cable and Wire, Electrical (Power, Fixed Installation) END OF ITEM 8/90 SP L-102-2 1 ITEM L-106 SEGMENTED CIRCLE 106-1 DESCRIPTION. 106-1.1 This item shall consist of an airport segmented circle of the type, size and dimensions shown on r� the Plans, furnished, constructed and installed in accordance with the dimensions, design and details shown on the Plans, at the location shown on the Plans and in accordance with these Specifications. The work shall include the furnishing and installation of segments, painting, landscape fabric, specified stone material and all incidentals necessary to complete this item. ' 106-2 MATERIALS. 106-2.1 BARRELS. Steel barrels must be new; or used steel barrels must be certified clean from a drum recycler. Used barrels must be washed and cleaned with no residual products and shall not have been used previously to store hazardous materials. 106-2.2 SUPPORTS AND ANCHOR PLATES. Steel used for supports and anchor plates shall meet the requirements of ASTM A-36 structural steel. 106-2.3 WELDING MATERIALS. Welding materials shall conform to American Welding Society and shall be of ti a type required for the materials being welded. 106-2.4 CONCRETE. Concrete shall be in accordance with the New York State Department of Transportation Standard Specifications, latest issue, plus all revisions and addenda pertaining thereto, Section 555-2. Unless otherwise shown on the Plans, the concrete shall be Class A, with a maximum permissible slump of 3 1/2 inches. Cement shall be Portland Cement Type I or Type H. 106-2.5 LANDSCAPE FABRIC. The fabric shall be a non -woven continuous filament fiber fabric recommended by the manufacturer for use as a landscape fabric and having the following properties: " Grab Strength 70 lbs. (Min.) Grab Elongation 70% (Min.) Trapezoidal Tear 25 lbs. (Min.) Puncture Strength 20 lbs. (Min.) Coefficient of Permeability (K) 0.07 cm/sec (Min.) 106-2.6 PAINT. A. Red lead priming paint for ungalvanized metal surfaces and the mixing thereof shall conform to the 97 -percent grade Federal Specification TT -R-191. The red lead shall be furnished in paste form and delivered to the job in the original, unbroken packages bearing the maker's name and brand designation. The raw linseed oil, turpentine and drier shall be in accordance with the Federal Specifications listed below: Raw Linseed Oil TT -L-215 Turpentine TT -T-801 Drier; Paint, Liquid, Type I TT -D-651 B. Priming paint for galvanized metal surfaces shall be zinc dust -zinc oxide primer paint conforming 1/90 SP L-106-1 to Federal Specification TT -P-641. If necessary, add not more than 1/2 pint of turpentine to each gallon. C. Orange paint for the body and the finish coats on metal and wood surfaces shall consist of a ready - mixed, non -fading paint meeting the requirements of Federal Specification TT -P-59. The color shall be in accordance with Federal Standards 595, Aviation Gloss Orange Number 12197. D. White paint for body and finish coats on metal and wood surfaces shall be ready -mixed paint conforming to Federal Specification TT -P-102. !' E. Paint for concrete segments shall meet the requirements of Federal Specification TT -P-85 or TT -P- 1952. The addition of thinners will not be permitted. F. Priming paint for wood surfaces shall be mixed on the job by thinning the above specified aviation - orange or white paint by adding 1/2 paint of raw linseed oil to each gallon. 106-2.7 REINFORCING STEEL. All reinforcing steel shall be deformed bars of new billet steel meeting the requirements of ASTM A-615, Grade 60. 106-2.8 CRUSH STONE. Crushed stone shall be provided in accordance with NYSDOT Crushed Stone, Item 703-0201, Size 1.. 106-3 SUBMITTALS AND CERTIFICATIONS. 106-3.1 Submittals of "Shop and Setting Drawings," "Working Drawings," "Catalogde Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certification required are as follows: - NYSDOT approved Concrete Mix Design. Catalogue data showing that the landscape fabric meets the requirements specified. Catalogue data and certification showing that paint meets the requirements specified. Certification that reinforcing steel meets the requirements. 106-4 CONSTRUCTION METHODS. 1064.1 GENERAL. Contractor shall excavate to the necessary depth to allow installation of landscape fabric, stone and concrete pads. The material removed and disposed of shall not be paid for separately but shall be incidental to the construction of the segmented circle. 1064.2 CONCRETE PADS. All pads are to be formed or set with the contour of the land on a prepared subbase course in accordance with Item P-158. Prior to constructing the subbase course, the Contractor shall compact the subgrade to 100% maximum density, ASTM D-698. Concrete pads shall be formed with one control joint to control contraction cracking. Concrete pads shall be formed with 1" chamfers. The concrete pad surfaces shall be finished to a "sidewalk like" surface. 1064.3 BARRELS AND SUPPORTS. Barrels and supports may be manufactured in the field or ;n z shop. All welding shall be in accordance with American Welding Society Standards. All welds crust be thoroughly cleaned and protected from corrosion. Support legs shall be field welded to anchor plates. One drainage hole shall be drilled in each barrel and shall be a minimum 1/2" diameter. Drainage holes shall be drilled after the barrels and supports are welded to the anchor plates. Holes shall be drilled at the low end of each barrel if they are sloped and at the midpoint of each barrel if they are level. 1/90 SP L-106-2 I 1 1064.4 PAINTING. Three (3) coats of paint shall be applied (one prime, one body and one finish) to all exposed metal. Barrel ends that are welded face to face must be painted prior to welding. Colors shall be as indicated on the Plans. 106-5 METHOD OF MEASUREMENT. 106-5.1 The quantity to be paid for under this item shall be the number of segmented circles installed as completed units in place and accepted by the Engineer. 106-6 BASIS OF PAYMENT. 106-6.1 Payment will be made on a lump sum for the completed segmented circle installation. This price shall be full compensation for furnishing all materials including segments, landscape fabric, and stone material and installation of these materials, and for all labor, equipment, tools and incidentals necessary to complete this item. Payment will be made under: Item L-106-6.1 - Segmented Circle - Lump Sum END OF ITEM 1/90 SP L-106-3 1 ITEM L-107 1� INSTALLATION OF AIRPORT - WIND CONES 107-1 DESCRIPTION. 107-1.1 This item shall consist of the removal of existing windcone and foundation and installation of a new airport windcone furnished and installed in accordance with this Specification at the location and in accordance with the dimensions, design and details shown in the Plans. The work shall include the furnishing and installation of a support for mounting the wind cone, the specified wire and a concrete foundation. The item shall also include all cable connections, conduit and conduit fittings, disconnect and transformer units, the furnishing and installation of all lamps, ground rod and ground connection, the testing of the installation and all incidentals necessary to place the wind cone in operation as a completed unit to the satisfaction of the Engineer. 107-2 EQUIPMENT AND MATERIALS. 107-2.1 GENERAL. A. Airport lighting equipment and materials covered by Federal Aviation Administration Specifications shall have the prior approval of the Federal Aviation Administration, Airports Service, Washington D.C. 20590 and shall be listed in Advisory Circular 150/5345-1, Approved Airport Lighting Equipment. B. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when requested by the Engineer. 107-2.2 WIND CONES ASSEMBLIES. The 8 -foot and 12 -foot wind cones and rigid supporting structures shall conform to the requirements of Advisory Circular 150/5345-27, Specification Wind Cone Assemblies. 107-2.3 WIRE. Wire in conduit rated up to 5,000 volts shall conform to Advisory Circular 150/5345-7, Specification for L-824 Underground Cables for Airport Lighting Circuits, for rubber insulated neoprene covered wire of Federal Specification J -C-30, Type RHW, for rubber insulated fibrous covered wire. For ratings up to 600 volts, thermoplastic wire conforming to Federal Specification J -C-30, Types TW, THW and THWN shall be used. The wire shall be of the type, size, number of conductors and voltage shown in the Plan or in the proposal. 107-2.4 CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Underwriters Laboratories Standard 6, 514, and 1242. 107-2.5 PAINT. A. Red lead priming paint for ungalvanized met -1 surfaces and the mixing thereof shall conform to the 97 -percent grade specified in ASTM D 83. The red lead shall be furnished in paste form and delivered to the job in the original, unbroken packages bearing the maker's name and brand desig- nation. The raw linseed oil, turpentine and drier shall be in accordance with the Federal Specifications listed below: Raw Linseed Oil Turpentine 1/90 SP L-107-1 TT -L-215 TT -T-801 1 r 1 t 9- J 1 1 Drier; Paint, Liquid, Type I TT -D-651 B. Priming paint for galvanized metal surfaces shall be zinc dust -zinc oxide primer paint conforming to Federal Specification TT -P-641. If necessary, add not more than 1/2 pint of turpentine to each gallon. C. Orange paint for the body and the finish coats on metal and wood surfaces shall consist of a ready - mixed, non -fading paint meeting the requirements of Federal Specification TT -P-59. The color shall be in accordance with Federal Standards 595, Aviation Gloss Orange Number 12197. D. White paint for body and finish coats on metal and wood surfaces shall be ready -mixed paint conforming to Federal Specification TT -P-102. E. Priming paint for wood surfaces shall be mixed on the job by thinning the above specified aviation - orange or white paint by adding 1/2 pint of raw linseed oil to each gallon. 107-3 SUBMITTALS AND CERTIFICATIONS. 107-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: - Catalogue Data with manufacturer's catalogue number showing that the Wind Cone Assembly is listed in Advisory Circular 150/5345 -1 -"Approved Au port Equipment" Catalogue Data and certification showing that the wire meets the requirements specified - Catalogue Data and certification showing that the conduit meets the requirements specified _ Certifications and Concrete Mix Design submittal in accordance with Item P-610 Catalogue Data and certification that paint(s) meet the requirements specified - Operation and maintenance manual for wind zone 107-4 CONSTRUCTION METHODS. 1074.1 INSTALLATION. The hinged support or hinged pole shall be installed on a concrete foundation as shown in the Plans. 1074.2 ELECTRICAL CONNECTION. The Contractor shall furnish all labor and materials and shall make complete electrical connections in accordance with the wiring diagram furnished with the Project Plans. If underground cable from the electrical building to the wind cone site and duct for this cable installation under paved areas is required, the cable and duct shall be installed in accordance with and paid for by linear foot measurement as described in Item L-108, Installation of Underground Cables for Airports and Item L-110, Installation of Airport Underground Electrical Duct. 1074.3 GROUND CONNECTION AND GROUND ROD. The Contractor shall furnish and install a ground rod, grounding cable and g--.-,und clamps for grounding the wind cone assembly. The ground rod shall be 5/8" * 8' copper or conger clad. The ground rod shall be driven into the ground adjacent to the concrete foundation so the top is at least six (6) inches below grade. The grounding cable shall consist of No. 8 AWG bare stranded copper wire or larger and shall be firmly attached to the ground rod by means of a ground connector or clamp. The other end of the grounding cable shall be securely attached to the wind cone assembly. The resistance to ground shall not exceed 25 ohms. 1074.4 PAINTING. Three (3) coats of paint shall be applied (one prime, one body and one finish) to 1/90 SP L-107-2 all exposed material installed under this item except the fabric cone, obstruction light globe and lamp reflectors. The wind cone assembly, if painted on receipt, shall be given one (1) finish coat of paint in lieu of the three (3) coats specified above. The paint shall meet the requirements of Federal Specification TT -P- 59. The color shall be in accordance with Federal Standard 595, Aviation Gloss Orange Number 12197. 1074.5 LOWERING DEVICE AND PADLOCK. The Contractor shall furnish and install a suitable device for lowering and raising the hinged top section. The device shall be attached to the pole support in a manner to prevent the light fixture assembly from striking the ground in the lowered position. A padlock resistant to corrosion shall also be furnished by the Contractor on the wind cone assembly for securing the hinged top section to the fixed lower section. Keys for the padlock shall be delivered to the Resident Engineer. 1074.6 SEGMENTED CIRCLE. The segmented circle shall be constructed and installed in accordance with Item L-106. Payment for the segmented circle will be made under Item L-106, windcone and segmented circle. 1074.7 REMOVAL OF EXISTING WINDCONE. The Contractor shall remove the existing windcone, foundation and all other appurtenances associated with the existing windcone. The Contractor shall dispose of the windcone as directed by the Owner. The windcone foundation shall be disposed of off-site. 1074.8 FIELD MOUNTED DISCONNECTS AND TRANSFORMERS. The Contractor shall provide and install a field mounted disconnect and transformer at the locations and in accordance with the details shown on the Contract Drawings. The disconnect and transforme installation shall be considered part of the windcone installation. No payment will be made separately or directly for this installation, the field disconnect and transformer installation will be considered pat C- of the work of the windcone installation and the cost shall be considered by the Contractor and included n the contract unit price for this item. 107-5 METHOD OF MEASUREMENT. 107-5.1 The quantity to be paid for under this item shall be the number of wind cones installed as completed units in place, accepted and ready for operation. 107-6 BASIS OF PAYMENT. 107-6.1 Payment will be made at the Contract unit price for each completed and accepted wind cone. This price shall be full compensation for furnishing all materials and for all preparation, assembly and installation of these materials, removal and disposal of the existing windcone and foundation, and for all labor, equipment, tools and incidentals necessary to complete this item. This item shall also include the field transformer and disconnect installation and all required cables from the transformer/disconnect to the windcone. Payment will be made under: Item L-107-6.1 - Lighted Wind Cone - Lump Sum FEDERAL S2ECIFICATIONS REFERENCED IN ITEM L-107 Number Title J -C-30 Cable and Wire, Electrical (Power, Fixed Installation) TT -D-651 Drier, Paint, Liquid 1/90 SP L-107-3 1 1/90 SP L-107-4 77-L-215 Linseed Oil, Raw, (for Use in Organic Coatings) TT -P-59 Paint: Ready -Mixed, International Orange TT Primer, Paint; Zinc Dust Oxide -P-641 -Zinc TT -P-102 Paint, Oil: Titanium -Lead -Zinc and Oil, Exterior, Ready -Mixed, White and Lights Tints TT -R-191 Red Lead, Dry and Paste in Oil TT -T-801 Turpentine; Gum Spirits, Steam Distilled, Sulphate Wood, and Destructively Distilled W Panel, Power Distribution -P-115 WW -C-581 Conduit, Metal, Rigid; and Coupling, Elbow; and Nipple, Electrical Conduit: Zinc -Coated Fed. Std. 595 Colors FAA SPECIFICATIONS REFERENCED IN ITEM L-107 AC 150/5345-7 Specification for L-824 Underground Cables for Airport Lighting Circuits AC 150/5345-27 Spec"fication for Wind Cone Assemblies END OF ITEM w 1/90 SP L-107-4 ITEM L-108 INSTALLATION OF UNDERGROUND CABLE FOR AIRPORTS 108-1 DESCRIPTION. 108-1.1 This item shall consist of underground cable furnished and installed in accordance with this specification at the locations and in accordance with the design, dimensions and details shown on the Plans. This item shall include the excavation and backfill of the trench, restoration of the surface and the installation of cable and counterpoise wire in trench, dud or conduit. It shall include splicing, cable marking and testing of the installation and all incidentals necessary to place the cable in operating condition as a completed unit to the satisfaction of the Engineer. This item shall not include the installation of the duct or conduit. 108-2 EQUIPMENT AND MATERIALS. 108-2.1 GENERAL. I A. Airportlighting equipment and materials covered by Federal Aviation Administration specifications shall ha -e the prior approval of the Federal Aviation Administration, Office of Airports Programs Washington, D.C. 20591 and shall be listed in Advisory Circular 150/5345-1 Approved Airport Lighting Equipment, latest edition. B. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification, when requested by the Engineer. 108-2.2 CABLE. Underground cable shall conform to the requirements of specification for L-824, Underground Electrical Cable for Airport Lighting Circuits. The following types are covered in Specification L-824. A. Type A. Single and multiple conductor cable with 600 -volt rubber insulation with overall jacket. B. Type B. Single and multiple conductor cable with 5,000 -volt "Ozone Resistant" insulation with an overall jacket. C. Type C. Single or multiple conductor cable with 600 -volt or 5,000 -volt, cross-linked polyethylene insulation. Multiple conductor cables will have a jacket applied overall. All cable for airport lighting service shall be standard viz: 600 -volt, 7 -strand; 5,000 -volt, 19 or 7 strand. These limits on conductor sizes shall not apply to leads furnished by manufacturers on transformers and fixtures. If control cable is specified, a THWN cable with multi -solid copper conductors, 300 volt, double jacket, copper shielded, direct burial cable manufactured by Spear, Continental or Anaconda shall be used. Wher ; counterpoise conductors are to be installed where soil conditions would adversely affect bare copper wire, thermoplastic wire conforming to Federal Specification J -C-30, Type TW, 600 -volt, shall be used. Cable type, size, number of conductors, strand and service voltage shall be specified in the plans and/or 1/90 SP L-108-1 t 1 1 1 1 1 1 F� i 1 11 1 1 Ci proposal. 108-2.3 BARE COPPER WIRE (COUNTERPOISE). Bare copper wire for counterpoise installations shall be stranded wire conforming to ASTM Specifications B3 and B8. 108-2.4 CABLE CONNECTIONS. In-line connections of underground cables shall be as specified herein. A. The Cast Splice. A cast splice, employing a plastic mold and using epoxy resin equal to that manufactured by Minnesota Mining and Manufacturing Company, "Scotchcast" Kit No. 82--A, or as manufactured by Hysol Corporation, "Hyseal Epoxy Splice" Kit No. E1135, for potting the splice is approved. This means of splicing is the only type approved for telephone control cable. B. The Vulcanized Splice. A vulcanized splice employing Joy Manufacturing Company's Vulcanizing Kit No. X-1604-8 or equal is approved for field vulcanized splices. The proper molds for various cable sizes shall be used. C. For connection to airfield lighting equipment with factory supplied plug-in connectors, in-line connectors shall be one of the following types: 1. The Field -Attached Plug -In Splice. Figure 14 of specification for 1-823, Plug and Receptacle, Cable Connectors, employing connector kits, is approved for field attachment to single conductor cable. 2. The Factory -Molded Plug -In Splice. Specification for L-823,Connectors, Factory -Molded to Individual Conductors, are approved. D. Splices in manholes shall be one of the types specified above as directed by the Engineer. 108-2.5 CONCRETE. Concrete shall be in accordance with the New York State Department of Transportation Standard Specifications, latest issue, plus all revisions and addenda pertaining thereto, Section 555-2. Unless otherwise shown on the Plans, the concrete shall be Class A, with a maximum permissible slump of 31h inches. Cement shall be Portland Cement Type I or Type H. 108-2.6 BEDDING. Bedding shall be in accordance with the New York State Department of Transportation Standard Specifications Section 703-06 - Cushion Sand unless otherwise noted on the Contract Drawings. 108-3 SUBMITTALS AND CERTIFICATIONS. 108-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: 1/90 Catalogue Data and Certification showing that Airport lighting cable meets the requirements specified Catalogue Data and Certification showing that control cable meets the requirements specified Catalogue Data and Certification showing that counterpoise wire meets the requirerr eats specified - Catalogue Data and Certification showing that cable connections meets the requirements specified NYSDOT approved Concrete Mix Design Certification and gradation sieve analysis showing that bedding meets the requirements specified SP L-108-2 1 1084 CONSTRUCTION METHODS. I 1084.1 GENERAL. The Contractor shall install the specified cable at the approximate locations indicated in the airport lighting layout plans. The Engineer shall indicate specific locations. Cable connections between lights will be permitted only at the light locations for connecting the underground cable to the primary leads of the individual insulating transformers. The Contractor shall be responsible for providing cable in continuous lengths for home runs or other long cable runs without connections, unless otherwise authorized in writing by the Engineer or shown in the plans. 1084.2 INSTALLATION IN DUCT OR CONDUIT. This item includes the installation of the cable in duct or conduit as described below. The maximum number and voltage ratings of cables installed in each single duct or conduit and the current -carrying capacity of each cable shall be in accordance with the latest National Electric Code or the code of the local agency having jurisdiction. The Contractor shall make no connections or joints of any kind in cables installed in conduits or ducts. "Installation The duct or conduit shall be installed as a separate item in accordance with Item 1,110, of Airport Underground Electrical Duct". The Contractor shall make sure that the duct is open, continuous and clear of debris before installing cable. The cable shall be installed in a manner to prevent harmful stretching of the conductor, injury to the insulation or damage to the outer protective covering. The ends of all cables shall be sealed with moisture - seal tape before pulling into the conduit and it shall be left sealed until connections are made. Where more than one cable is to be installed in a duct under the same contract, all cable shall be pulled in the duct at the same time. The pulling of a cable through ducts or conduits may be accomplished by hand winch or power winch with the use of cable grips or pulling eyes. Pulling tensions should be governed by recom- mended standard practices for straight pulls or bends. A lubricant recommended for the type of cable being installed shall be used where pulling lubricant is required. Duct or conduit markers temporarily removed for excavations shall be replaced as required. 1084.3 TRENCHING. Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. Paved areas to be trenched shall be saw cut prior to removal of pavement. Trenches for cables may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Road patrols or graders shall not be used to excavate the trench with their blades. The bottom surface of trenches shall be essentially smooth and free from coarse aggregate. Unless otherwise specified, cable trenches shall be excavated to a minimum depth of 18 inches below finished grade, except as follows: A. When off the airport or crossing under a roadway or driveway, the minimum depth shall be 36 inches unless otherwise specified. B. Minimum cable depth when crossing under a railroad track shall be 42 inches unless otherwise specified. The Contractor shall excavate all cable trenches to a width not less than 6 irCAes. The trench shall oe widened where more than two cables are to be installed parallel in the same trench. Unless otherwise specified in the plans, all cables in the same location and running in the same general direction shall be installed in the same trench. When rock excavation is encountered, the rock shall be removed to a depth of at least 3 inches below the required cable depth and it shall be replaced with bedding material of earth or sand containing no mineral 1/90 SP L-108-3 1 aggregate particles that would be retained on a 1/4 -inch sieve. The Contractor shall ascertain the type of soil or rock to be excavated before bidding. All excavation shall be unclassified. 108-4.4 INSTALLATION IN TRENCHES. The Contractor shall not use a cable plow for installing the cable. Mechanical cable -laying equipment may be used in conjunction with a trenching machine if specified on project plans and specifications and it should provide for physical inspection of cable prior to backfilling. Sharp bends or kinks in the cable shall not be permitted. Cables shall be unreeled in place alongside or in the trench and shall be carefully placed along the bottom of the trench. The cable shall not be unreeled and pulled into the trench from one end. Where two or more cables are laid parallel in the same trench, they shall be placed laterally a minimum distance of 3 inches apart and the trench shall be widened sufficiently to accomplish this. Cables crossing over each other shall have a minimum of 3 -inch vertical displacement with the topmost cable depth at or below the minimum required depth below finished grade. 1 Not less than one foot of cable slack shall be left on each side of all connections, insulating transformers, light units and at all other points where cable is connected to field equipment. The slack cable shall be placed in the trench in a series of S curves. Additional slack cable shall be left in runway light bases, handholes, manholes, etc., where it is required to bring the cable above ground level to make connections. The amount of slack cable shall be stipulated by the Engineer or as shown in the plans and specifications. 1084.5 BACKFILLING. The first three layers shall be NYSDOT Item 703-06 Cushion Sand. The first layer shall be 3 inches deep, loose measurement and shall not be compacted. The second layer shall be 4 inches deep and the third layer shall be 3 inches deep, loose measurement. The remainder of the backfill shall be excavated or imported material and shall not contain stone or aggregate larger than 4 inches maximum diameter. The fourth and subsequent layers of the backfill shall not exceed 8 inches in maximum depth, loose measurement. The second, and subsequent layers shall be thoroughly tamped and compacted to at least the density of the adjacent undisturbed soil, and to the satisfaction of the engineer. If necessary to obtain the desired. compaction, the backfill material shall be moistened or aerated as required. Trenches shall not be excessively wet and shall not contain pools of water during backfill operations. The trench shall be completely backfilled and tamped level with the adjacent surface, except that when sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement. Any excess excavated material shall be removed and disposed of in accordance with instructions issued by the Engineer. 1084.6 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying, pad construction and other work shall be restored to its original condition. The restoration shall include any necessary paving, topsoiling, fertilizing, liming, seeding, sodding, sprigging or mulching. All such work shall be performed in accordance with the turfing and paving specifications. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. 108-4.7 CABLE MARICM. The location of runway Aght circuits shall be marked by a concrete slab marker, 2 feet square and 4 inches thick, extending approximately 1 inch above the surface. Each cable run from the line of runway lights to the equipment vault shall also be marked at approximately every 200 feet along the cable run, with an additional marker at each change of direction of cable run. All other cable buried directly in the earth shall be marked in the same manner. The Contractor shall not install slab markers where cable lies in straight lines between obstruction light poles which are spaced 300 feet apart or less. 1/90 SP L-108-4 1 Cable markers shall be installed immediately above the cable. The Contractor shall impress the word "CABLE" and directional arrows on each cable marking slab. The letters shall be approximately 4 inches high and 3 inches wide, with width of stroke 1/2 inch and 1/4 inch deep. The location of each underground cable connection, except at lighting units or insulating transformers, shall be marked by a concrete marker slab placed above the connection. The Contractor shall impress the word "SPLICE" on each slab. He also shall impress additional circuit identification symbols on each slab if so desired by the Engineer. All circuits in electrical manholes are to be tagged with plastic or nylon tags. Circuit identification numbers should be permanently marked with indelible ink. All direct burial cable shall have identifier tape 3 to 4 inches below finished grade and above the cable; size and type to be shown on the Plans. 108-4.8 SPLICING. Connections of the typeass ecified, shall be made by experiencedpersonnel regularly engaged in this type of work and shall be made as follows: A. Cast Splices. These shall be made by using crimp connectors for jointing conductors. Molds shall be assembled, and the compound shall be mixed and poured in accordance with manufacturer's instructions and to the satisfaction of the Engineer. B. Vulcanized Splices. These shall be made by using crimp connectors for joining conductors. The splice shall be made, using compounds furnished by the manufacturer, in , ccordance with his instructions and to the satisfaction of the Engineer. C. Field -Attached Plug -In Splices. These shall be assembled in accordance with manufacturer's instructions. These splices shall be made by plugging directly into mating connectors. In all cases, the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, onj-half lapped,extending at least 1-1/2 inches on each side of the joint. Where plug-in splices are used in manholes, they shall be secured by nylon ties to cable supports. Securing shall be made 6 inches both sides of splice. D. Factory -Molded Plug -In Splices. These shall be made by plugging directly into mating connectors. In all cases, the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 1-1/2 inches on each side of the joint. 1084.9 BARE COUNTERPOISE WIRE INSTALLATION AND GROUNDING FOR LIGHTNING PROTECTION. If shown on the plans or specified herein, stranded bare copper wire, No. 8 AWG minimum size, shall be installed for lightning protection of the underground cables. The bare counterpoise wire shall be installed in the same trench for the entire length of the insulated cables it is designed to protect and shall be placed at a vertical distance of approximately 4 inches from the insulated cable. The counterpoise wire shall be securely attached to each light fixture base or mounting stake. The counterpoise wire shall also be securely attached to copper or copper -clad ground rods installed not more than 1,000 feet apart around the entire circuit. Thi: qr:,,md rods shall be of the length and diameter specified in the Plans, but in no case shall they be less th..n 8 feet long nor less than 5/8 inch in diameter. The counterpoise system shall terminate at the transformer vault or at the power source. It shall be securely attached to the vault or equipment grounding system. The connections shall be made as shown in the project plans and specifications. 1/90 SP 1108-5 1 1084.10 TESTING. The Contractor shall furnish all necessary equipment and appliances for testing the underground cable circuits after installation and as specified below. The test equipment for insulation resistance shall be an insulation resistance tester with a digital readout. The instrument shall provide a 500 volt test voltage for insulation resistance with a meter range of 0 to 199.9 megohms. The Contractor shall test and demonstrate to the satisfaction of the Engineer the Mowing- A. ollowingA. Test Requirnnents Prior to Construction. 1. Test all circuits within the work area for continuity and insulation resistance to ground, at the transformer vault, in the presence of the Engineer and the Owner. t: 2. Provide a copy of the test results to the Engineer and the Owner. 3. That all lighting power and control circuits are continuous and free from short circuits. 4. That all circuits are free from unspecified grounds. i5. That the insulation resistance to ground of all non -grounded series circuits is not less than 50 megohms. 6. That the insulation resistance to ground of all non -grounded conductors of multiple circuits is not less than 50 megohms. 4. That the insulation resistance to ground of all non -grounded series circuits is not less than 50 megohms. 5. That the insulation resistance to ground ,of all non -grounded conductors of multiple circuits is not less than 50 megohms. 6. That all circuits are properly connected in accordance with applicable wiring diagrams. 7. The Contractor shall test all circuits within the work area for continuity, after backfilling cable trenches. The reading shall be logged and approved by the Resident Engineer prior to payment. Circuit testing during construction shall be as directed and witnessed by the Engineer when the Contractor is working on existing circuitry or excavating adjacent to or near existing circuitry. 1/90 SP L-108-6 7. That all circuits are properly connected in acc ndance with applicable wiring diagrams. S. That all circuits are operable. Tests shall be coi.ducted that include operating each control not less than 10 times and the continuous operation of each lighting and power circuit for not less than 1/2 hour. B. Test Requirements During Consh uction. 1. Test all circuits within the work area for continuity and insulation resistance at the transformer vault, prior to requesting any circuit be energized. 2. Insure that all circuits within the work area are operational, prior to the Contractor leaving the project at the end of the work day. Specific times for circuit checks will be determined by the Engineer relative to the Contractor's work hours each day. 3. That all circuits are free from unspecified grounds. 4. That the insulation resistance to ground of all non -grounded series circuits is not less than 50 megohms. 5. That the insulation resistance to ground ,of all non -grounded conductors of multiple circuits is not less than 50 megohms. 6. That all circuits are properly connected in accordance with applicable wiring diagrams. 7. The Contractor shall test all circuits within the work area for continuity, after backfilling cable trenches. The reading shall be logged and approved by the Resident Engineer prior to payment. Circuit testing during construction shall be as directed and witnessed by the Engineer when the Contractor is working on existing circuitry or excavating adjacent to or near existing circuitry. 1/90 SP L-108-6 Circuit testing during construction will not be required during the times when the Contractor's operations do not effect existing airfield lighting circuitry. It is the intent of this section to insure that airfield lighting circuitry remains operational throughout the duration of the contract. C. Test Requirements at the Completion of the Project. The Contractor shall test and demonstrate to the satisfaction of the Engineer the following: 1. That all lighting power and control circuits are continuous and free from short circuits. 2. That all circuits are free from unspecified grounds. 3. That the insulation resistance to ground of all non -grounded series circuits is not less than 50 megohms. 4. That the insulation resistance to ground of all non -grounded conductors of multiple circuits is not less than 50 megohms. 5. That all circuits are properly connected in accordance with applicable wiring diagrams. 6. That all circuits are operable. Tests shall be conducted that include operating each control not less than 10 times and the continuous operation of each lighting and power circuit for not less than 1/2 hour. 7. That the counterpoise o - ground rod resistance is 25 ohms or less. 8. Test all circuits within the work area for continuity and insulation resistance to ground, at the transformer vault, it the presence of the Engineer -and the Owner. 9. Provide the Owner and the Engineer copies of all test results. 1084.11 RECORD DRAWINGS. The Contractor shall submit to the Engineer at the completion of the project, detailed, dimensioned as -built records and wiring diagrams of the circuitry installed under this contract, prior to payment of the final estimate. 108-5 METHOD OF MEASUREMENT. 108-5.1 The quantity of trench to be paid for shall be the number of linear feet of trench, including excavation, backfill and restoration, completed, measured as excavated, and accepted as satisfactory. All trench areas shall be restored to their original condition. 108-5.2 The footage of cable or counterpoise wire installed in trench to be paid for shall be the number of linear feet of cable or counterpoise wire installed, measured along the centerline of the trench between light units or structures, completed, ready for operation and accepted as satisfactory. No measurement will be made for cable slack in trenches or at light units. Separate measurement shall be made for each cable or counterpoise wire installed. 108-5.3 The footage of cable installed in duct or conduit to be paid for shall be the number of linear feet of cable instated, measured from the inside face of structure or end of conduit to inside face of structure or end of conduit, completed, ready for operation and accepted as satisfactory. No measurement will be made for cable slack installed in ducts, conduits, light units or navigational aids. However, cable or counterpoise wire required in electrical manholes shall be measured as the actual number of linear feet of cable or counterpoise wire installed within the manhole and included under the measurement of cable in duct or conduit, or the measurement of counterpoise wire in trench. Separate measurement shall be made for each cable installed in duct or conduit. 1/90 SP L-108-7 1 1 1 1 t 1 1 108-6 BASIS OF PAYMENT. 108-6.1 Payment will be made at the contract unit price for trenching, cable and bare counterpoise wire installed in trench or duct in place by the Contractor and accepted by the Engineer. No direct payment will be made for cable slack installed in trench, conduit, ducts, light units or navigational aids. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools and incidentals necessary to complete this item. Payment will be made under: 1/90 Item L-108-6.1 - Cable Trenching for the Installation of Underground Cable Per Linear Foot Item L-108-6.1 - No. 8 AWG, 600V, Type "C" Single Conductor, Underground Cable Installed in Trench or Duct - Per Linear Foot Item L-108-6.1 - No. 8 AWG, SKV, Type "C" Single Conductor, Underground Cable Installed in Trench or Duct - Per Linear Foot Item L-108-6.1 - No. 8 AWG, Bare Copper Counterpoise Wire Installed In Trench, Including Grounding Rods and Exothermic Connections - Per Linear Foot FAA SPECIFICATIONS REFERENCED IN ITEM L-108 Number Title AC 150/5345-7C Specification for L-824 Underground Electrical Cables for Airport Lighting Circuits AC 150/5345-26A Specification for L-823 Plug and Receptacle Cable Connectors FEDERAL SPECIFICATIONS REFERENCED IN ITEM L-108 Number Title J -C-30 Cable and Wire, Electrical Power, Fixed Installation HH -I-595 Insulation Tape, Electrical Pressure -Sensitive Adhesive, Plastic, for Low -Temperature Application ASTM SPECIFICATIONS REFERENCED IN ITEM L-108 Number Title B-3 Soft or Annealed Copper Wire B-8 Concentric -Lay -Stranded Copper Conductor, Hard, Medium -Hard or Soft MILITARY SPECIFICATIONS REFERENCED IN ITEM L-108 SP L-108-8 Number MIL -I-3825 MIL -I-24391 4 Title Insulation Tape, Electrical, Self -Fusing, for Use in Electronics, Communications, and Allied Equipment Insulation Tape, Electrical, Pressure -Sensitive Plastic END OF ITEM SP L-108-9 1� J 1 J 1 ITEM L109 INSTALLATION OF AIRPORT ELECTRICAL BUILDING EQUIPMENT 109-1 DESCRIPTION. 109-1.1 This item shall consist of furnishing and installing all electrical building equipment, wiring, electrical buses, cable, conduit and grounding systems as shown on the Plans or specified herein. This item shall also include the painting of equipment and conduit; the marking and labeling of equipment and the labeling or tagging of wire; the testing of the installation; and the furnishing of all incidentals necessary to place the equipment in operating condition as a completed unit to the satisfaction of the Engineer. 109-2 EQUIPMENT AND MATERIALS. 109-2.1 GENERAL. A. Airport lighting equipment and materials covered by Federal Aviation Administration Specifications shall have the prior approval of the Federal Aviation Administration, Airports Service, Washington, D.C. 20591, and shall be listed in Advisory Circular 150/5345- 1E, Approved Airport Lighting Equipment. Certain items of airport lighting equipment installed in vaults are covered by individual Federal Aviation Administration equipment specifications. The specifications are listed below: AC L%/5345 -3C, Specification for L-821 Panels for Remote Control of Airport Lighting. AC 150/5345-7C, Specification for L-824 Underground Electrical Cables for Airport Lighting Circuits. AC 150/5345-10C, Specification for L-828 Constant Current Regulators. AC 150/5345-13, Specification for 1-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits. AC150/5345-49, Specification L-854, Radio Control Equipment. B. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification. 109-2.2 OTHER ELECTRICAL EQUIPMENT. Constant -current regulators, distribution transformers, oil switches, cutouts, relays, terminal blocks, transfer relays, circuit breakers, and all other regularly used commercial items of electrical equipment not covered by Federal Aviation Administration equipment specifications shall conform to the applicable rulings and standards of the Institute of Electrical and Electronic Engineers or the National Electrical Manufacturers Association. When specified, test reports from a testing laboratory indicating that the equipment meets the specifications stall he supplied. In all cases, equipment shall be new and a first -grade product. This equipment shall be slr,.plied in the quantities required for the specific project and shall incorporate the electrical and mechanical characteristics specified in the proposal and Plans. 109-2.3 WIRE. Wire in conduit rated up to 5,000 volts shall conform to Advisory Circular 150/5345-7C, Specification for L- 824 Underground Electrical Cables for Airport Lighting Circuits, for rubber insulated neoprene -covered wire, or Federal Specification J -C- 30, Type RHW, for rubber insulated fibrous -covered 1/90 SP L-109-1 1 wire. For ratings up to 600 volts, thermoplastic wire conforming to Federal Specification J -C- 30, Types TW, THW, and THWN, shall be used. The wires shall be of the type, size and number of conductors, and voltage shown in the Plans or in the proposal. A. Control Circuits. Wire size shall be as specified in the plans and shall be insulated for 600 volts. If telephone control cable is specified, No. 19 AWG telephone cable conforming to the United States Department of Agriculture, Rural Electrification Administration (REA) Bulletin 345-14 shall be used. B. Power Circuits. 1. 600 Volts Maximum. Wire shall be No. 12 AWG copper or larger unless otherwise shown on the Contract Drawings and insulated for at least 600 volts. 2. 3,000 Volts Maximum. Wire shall be No. 6 AWG or larger and insulated for at least 3,000 volts. 3. Over 3,000 Volts. Wire shall be No. 6 AWG or larger and insulated for at least the , circuit voltage. 109-2.4 CIRCUIT BREAKERS. Circuit breakers shall be of the bolt -on type, molded case, thermal magnetic indicating handle operated of common trip type. Rating to be visible from front of breaker either on handle or trip unit. All branch breakers are to have a minimum 10,000 Amps RMS Symmetrical Interrupting Capacity short circuit rating with Amp ratings as shown on the Contract Drawings. Breakers shall be UL listed. 109-2.5 RIGID STEEL CONDUIT. Rigid steel conduit and fittings shall be in accordance with Federal Specification WW -C-581 and ANSI Standard C80.1. Finish shall be hot dipped galvanized or sherardized inside and outside. All fittings for rigid metal conduit shall be the threaded type. 109-2.6 PVC COATED RIGID GALVANIZED STEEL. Conduit shall be in accordance with Federal Specification WW -C-581, prior to plastic coating. Coating shall be 0.040 -inch PVC factory applied, meeting NEMA Standard No. RN1-1980 (Type 40). Fittings shall have same treatment. Conduits and fittings shall be threaded. ' 109-2.7 LIQUID -TIGHT FLEXIBLE. Flexible metal conduit with PVC jacket fittings and conduit bodies ANSI/NE. 109-2.8 ELECTRICAL METALLIC TUBING (EMT). Conduits shall conform to ANSI Standard C80.3. Fittings, connections and couplings shall be specifically approved for use with EMT. 109-2.9 CIRCUIT BREAKER PANELBOARD. Shall have size and ratings as shown on drawings with copper busing, UL listed, Square D NQOB or equal. 109-2.10 240/600V DRY TYPE STEP-UP TRANSFORMER. Shall be of size and type as shown on the Contract Drawings with an encapsulated core and coil, UL listed. 109-2.11 SURGE ARRESTORS. 240V, UL listed, HearyELothers HB175X or equal. 109-2.12 PHOTO CONTROL. Per AC 70/7460-1G, shall conform to FAA requirements of 35 foot candles turn -on and 58 foot candles turn-off. 109-2.13 SAFETY SWITCHES. Shall be UL listed, size, type and quantity as shown on the Contract Drawings. 1/90 SP L-109-2 1 109-2.14 OUTLETS. Convenience outlets in general areas shall be Type 5-20R heavy-duty units designed for industrial use. Provide stamped steel coverplates. 1 109-2.15 LOCAL SWITCHES. Brown toggle operated A.C. type, slow -make, slow -break, specification grade. Provide stamped steel coverplates. 109-2.16 LIGHTING EQUIPMENT. Lighting fixtures shall be provided as follows: 1 e Description A Fixture shall be 100W incandescent vaportight with globe and guard for ceiling mounted as manufactured by Crouse -Hinds, Vaporguard, Appleton or equal. B B -Fixture shall be die-cast aluminum, weatherproof, 70 watt high pressure sodium wall cube, 1MV with automatic photo control as manufactured by Keene 300 series or equal. 109-2.17 CONTACTOR Contactors shall be definite purpose lighting contactors sized as required for circuits shown of industrial use as manufactured by Square D, Westinghouse or equal. 1009-2.18 AIRFIELD LIGHTING CONTROL OPERATION AND DESCRIPTION. The lighting control panel L-821 shall enable manual operation of all airfield lighting. From dusk to dawn, the windcone will automatically be turned on by photo control regardless of the control panel switch settings or pilot control operations unless overriden by the H.O.A. switches. At any time, activation of the L-854 radio control equipment will also override the operation of the lighting control panel switch settings for ;he runway lights, glide slope indicators and REILS. In pilot control operation, Runways 7-25 and 12-30 will be lighted to 10% intensity and 7, 25, 12, ad 30 Glide Slope Indicators turned on by 3 microphone clicks in a 5 second period. Five clicks will increase both runway intensities to 30% and turn on REIL 7, 25, 12, and 30. Seven key clicks increase both runway intensities to 100% with all glide slope indicators and REIM remaining on. After 15 minutes, these lights will return to their manually preset switch positions. 109-3 SUBMITTALS AND CERTIFICATIONS. 109-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Each particular item of manufacture shall be submitted for approval with Catalogue Data and certifications showing that the material meets the requirements specified. Items which connect, interact or otherwise interface with one another shall be submitted concurrently for review and coordination. 1094 INSTALLATION OF EQUIPMENT IN VAULT. 1094.1 GENERAL. The Contractor shall furnish, install, and connect all equipment, equipment accessories, conduit, cables, wires, buses, grounds, and support necessary to insure a complete and operable electrical distribution center for the airport lighting system as specified herein and shown in the Plans. When specified, an emergency power supply and transfer switch shall be provided and installed. The equipment installation and mo*u.dng shall comply with the requirements of the National Electrical Code and local code agency having jurisdiction. 1094.2 POWER SUPPLY EQUIPMENT. Transformers, regulators, booster transformers, and other power supply equipment items shall be furnished and installed at the location shown in the Plans or as directed by the Engineer. The equipment shall be placed so as not to obstruct the oil -sampling plugs of the oil -filled units; and nameplates shall, so far as possible, not be obscured. 1/90 SP L-109-3 1 1 109-4.3 SWITCHGEAR AND PANELS. Oil switches, fused cutouts, relays, transfer switches, panels, panel boards, and other similar items shall be furnished and installed at the location shown in the Plans or as directed by the Engineer. Wall or ceiling- mounted items shall be attached to the wall or ceiling with galvanized bolts of not less than 3/8 -inch diameter engaging metal expansion shields or anchors in masonry or concrete vaults. 1094.4 DUCT AND CONDUIT. The Contractor shall furnish and install square -type exposed metallic ducts with hinged covers for the control circuits in the vault. These shall be mounted along the walls behind all floor -mounted equipment and immediately below all wall -mounted equipment. The hinged covers shall be placed to open from the front side with the hinges at the front bottom. Wall brackets for square ducts shall be installed at all joints 2 feet or more apart with intermediate brackets as specified. Conduit shall be used between square ducts and equipment or between different items of equipment when the equipment is designed for conduit connection. When the equipment is not designed for conduit connection, conductors shall enter the square -type control duct through insulating bushings in the duct or on the conduit risers. 1094.5 CONDUITS. All interior dry areas shall be EMT conduit unless otherwise shown. Connections between wireways and regulators may use liquid tight conduit. 109-4.6 CABLE ENTRANCE AND HIGH-VOLTAGE BUS SYSTEM. Incoming underground cable from field circuits and supply circuits will be installed outside the walls of the electrical building as a separate item under Item L-108. The Contractor installing the electrical building equipment shall bring the cables from the trench or duct through the entrance conduits into the elegy trical building and make the necessary electrical connections. Electrical service to the electrical building shall be as a separate item under 1-102. 109-4.7 WIRING AND CONNECTIONS. The Contractor shall it ake all necessary electrical connections in the vault in accordance with the wiring diagrams furnished and as directed by the Engineer. In wiring to the terminal blocks, the Contractor shall leave sufficient extra length on each control lead to make future changes in connections at the terminal block. ''his shall be accomplished by running each control lead the longest way around the box to the proper terminal. Leads shall be neatly laced in place. Wireways designated as "low voltage" shall contain control conductors and 600 volt maximum cables. Wireways designated as "high voltage" shall contain 5,000 volt L-824 airfield lighting cables. 109-4.8 MARKING AND LABELING. All equipment, control wires, terminal blocks, etc., shall be tagged, marked or labeled as specified below: A. Wire Identification. The Contractor shall furnish and install self -sticking wire labels or identifying tags on all control wires at the point where they connect to the control equipment or to the terminal blocks. Wire labels, if used, shall be of the self -sticking, preprinted type and of the manufacturer's recommended size for the wire involved. Identification markings designated in the ' Plans shall be followed. Tags, if used, shall be of fiber not less than 3/4 -inch in diameter and not less than 1/32 -inch thick. Identification markings designated in the Plans shall be stamped on tags by means of small tool dies. Each tag shall be securely tied to the proper wire by a non-metallic cord. B. LabeLS, The Contractor shall stencil identifying labels on the cases of regulators, breakers, and distribution and control relay cases with white oil paint as designated by the Engineer. The letters and numerals shall be not less than 1 -inch in height and shall be of proportionate width. The Contractor shall also mark the correct circuit designations in accordance with the wiring diagram i on the terminal marking strips which are a part of each terminal block. 109-5 METHOD OF MEASUREMENT. 1/90 SP 1-109-4 1 109-5.1 The quantity of electrical building equipment to be paid for under this item shall consist of all equipment installed within the electrical building, connected, and accepted as a complete unit ready for operation. 109-6 BASIS OF PAYMENT. 109-6.1 Payment will be made on a lump sum basis for the completed and accepted Electrical Building equipment installation. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools and incidentals necessary to complete the item. Payment will be made under: Item L-109-6.1 - Installation of Airport Electrical Building Equipment, In Place - Lump Sum FEDERAL SPECIFICATIONS REFERENCED ON ITEM L-109 Number Title J -C-30 Cable and Wire Electrical (Power, Fixed Installation) END OF ITEM 1/90 SP L-109-5 FAA SPECIFICATIONS REFERENCED ON ITEM L-109 Number Title AC 150/5345-3C Specification for 1-821 Panels for Remote Control of Airport Lighting. AC 150/5345-7C Specification for L-824 Underground Electrical Cables for Airport Lighting Circuits. AC 150/5345-1OC Specification for L-828 Constant Current Regulator. AC 150/5345-13 Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits. AC 150/5345-49 Specification for L-854 Radio Control Equipment. REA BULLETIN REFERENCED IN ITEM L-109 Number Title 345-15 REA Specification for Fully Color -Coded, Polyethylene -Insulated, Double Polyethylene -Jacketed Telephone Cables for Direct Burial. END OF ITEM 1/90 SP L-109-5 ITEM L-110 INSTALLATION OF AIRPORT UNDERGROUND ELECTRICAL DUCT 110-1 DESCRIPTION. 110-1.1 This item shall consist of underground electrical ducts or conduit installed in accordance with this Specification at the locations and in accordance with the dimensions, designs and details shown in the Plans. This item shall include the installation of all underground electrical ducts or installation or reinstallation of underground conduits. It shall also include all excavation, trenching, backfilling, concrete encasement, mandreling installation of drag lines, duct markers, capping and the testing of the installation as a completed duct system ready for installation of cables, to the satisfaction of the Engineer. Unless otherwise provided for elsewhere, this item shall also include the removal of existing conduit ducts and duct banks, the removal of pavement and turf and the restoration of pavements and turf including any special backfill required. 110-2 EQUIPMENT AND MATERIALS. 110-2.1 GENERAL. All equipment and materials covered by referenced Specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable Specification when so requested by the Engineer. 110-2.2 STEEL COPMUIT. Threaded rigid steel conduit and fittings shall conform to the requirements of Federal Specificatit n WW -C-581. 110-23 REINFORCING STEEL. All reinforcing steel shall be deformed bars of new billet steel meeting the requirements of ASTM A615, Grade 60. 110-2.4 CONCRETE. Concrete shall be in accordance with the New York State Department of Transportation Standard Specifications, latest issue, plus all revisions and addenda pertaining thereto, Section 555-2. Unless otherwise shown on the Plans, the concrete shall be Class A, with a maximum permissible slump of 3'fz inches. Cement shall be Portland cement Type I or Type II. 110-2.5 PLASTIC CONDUIT. Plastic conduit and fittings shall conform to the requirements of Federal Specification W -C- 1094 and shall be one of the following, as specified in the proposal: A. Type I. Suitable for underground use when encased in concrete; Type A - Thin Wall Rigid PVC Conduit as manufactured by Carlon or approved equal. B. Type H. Suitable for either above ground or underground use, with or without concrete encasement; Type 40 - Heavy Wall Rigid PVC Conduit as manufactured by Carlon or approved equal. 110-2.6 BITUMINOUS CONCRETE PAVEMENT. Bituminous concrete pavement shall be in accordance with Item P-409. No direct payment will be made for bituminous concrete installations. 110-2.7 SUBBASE COURSE. Subbase material shall be provided in accordance with Item P-158. No direct payment will be made for subbase course installation. 110-3 SUBMITTALS AND CERTIFICATIONS. I 110-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and 1/91 SP L-110-1 I 1 "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: - Catalogue Data and Certification showing that Steel Conduit meets the requirements specified NYSDOT approved Concrete Mix Design - Catalogue Data and Certification showing that plastic conduit meets the requirements specified A. The Contractor shall do all excavation for underground electrical duct to the lines and grades or elevations shown on the Plans or as staked by the Engineer. The excavation shall be of sufficient size to permit the placing of the full width and length of the underground electrical duct shown. The elevations of the bottoms of the duct as shown on the Plans shall be considered as approximately only and the Engineer may order, in writing, changes in dimensions or elevations 1/91 SP L-110-2 1104 CONSTRUCTION METHODS. 1104.1 GENERAL. The Contractor shall install underground ducts and conduits at the approximate locations shown on the Contract Drawings. The Engineer shall indicate specific locations as the work progresses. Ducts shall be of the size, material and type indicated in the Plans or Specifications. All duct lines shall be laid so as to grade toward handholes, manholes and duct ends for drainage. Grades shall be at least 3 inches per 100 feet. On runs where it is not practicable to maintain the grade all one way, the duct lines shall be graded from the center in both directions toward manholes, handholes or duct ends. Pockets or traps where moisture may accumulate shall be avoided. The Contractor shall mandrel each duct. An iron -shod mandrel, not more than 1/4 -inch smaller than the bore of the duct, shall be pushed through each duct by means of jointed conduit rods. The mandrel shall have a leather or rubber gasket slightly larger than the duct hole. All ducts installed shall be provided with a nylon drag line having a minimum strength of 1,000 pounds for pulling the permanent wiring. Sufficient length shall be left in manholes or handholes to tie off the drag line to prevent it from slipping back into the duct. Where spare ducts are installed, as indicated on the Plans, the open ends shall be plugged with removable tapered plugs, designed by the duct manufacturers, or with hardwood plugs conforming accurately to the shape of the duct and having the larger end of the plug at least 1/4 -inch greater in diameter than the duct. All ducts shall be securely fastened in place during construction and progress of the work and shall be plugged to prevent seepage of grout, water or dirt. Any duct section having a defective joint shall not be installed. All ducts, except steel conduit, installed under runways, taxiways, aprons and other paved areas shall be encased in a concrete envelope as indicated on the Plans. Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. Existing paved areas to be trenched shall be saw cut prior to removal of pavement. Trenches for ducts may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Blades of road patrols or graders shall not be used to excavate the trench. The Contractor shall ascertain the type of soil or rock to be excavated before bidding. All excavation shall be included in the unit price of the duct. 11042 EXCAVATION. All excavation shall be considered unclassified excavation including pavement excavation. Unclassified excavation shall consist of the excavation of all material (including pavement), regardless of its nature and the disposal of all such material as directed by the Engineer. A. The Contractor shall do all excavation for underground electrical duct to the lines and grades or elevations shown on the Plans or as staked by the Engineer. The excavation shall be of sufficient size to permit the placing of the full width and length of the underground electrical duct shown. The elevations of the bottoms of the duct as shown on the Plans shall be considered as approximately only and the Engineer may order, in writing, changes in dimensions or elevations 1/91 SP L-110-2 1 of footings necessary to secure a satisfactory foundation. B. Boulders, logs or any other objectionable material encountered in excavation shall be removed. All rock or other hard foundation material shall be cleaned of all loose material and cut to a firm surface either level, stepped or serrated, as directed by the Engineer. All seams or crevices shall be cleaned out and grouted. All loose and dissintegrated rock and thin strata shall be removed. When concrete is to rest on a surface other than rock, special care shall be taken not to disturb the bottom of the excavation and excavation to final grade shall not be made until just before the concrete or reinforcing is to be placed. C. The Contractor shall do all bracing, sheeting or shoring necessary to implement and protect the excavation and the structure as required for safety or conformance to governing laws. The cost of bracing, sheeting or shoring shall be included in the unit price bid for the duct. All trench bracing, sheeting and shoring shall be in accordance with the Sheeting and Bracing section of the General Provisions. D. Unless otherwise provided, bracing, sheeting and shoring involved in the construction of this item shall be removed by the Contractor after the completion of the duct. Removal shall be effected in a manner which will not disturb or mar finished masonry. The cost of removal shall be included in the unit price bid for the duct. E. After each excavation is completed, the Contractor shall notify the Engineer to that effect and the duct shall be constructed after the Engineer has approved the depth of the excavation and the character of the foundation material. 1104.3 DUCTS ENCASED IN CONCRETE. Unless otherwise shown in tht Plans, concrete -encased ducts shall be installed so that the top of the concrete envelope is not less than 18 inches below the finished subgrade where installed under runways, taxiways, aprons or other paved areas, and not less than 18 inches below finished grade where installed in unpaved areas. Trenches for concrete- encased ducts shall be opened the complete length before concrete is laid so that if any obstructions are encountered, proper provisions can be made to avoid them. All ducts for concrete encasements shall be placed on a layer of concrete not less than 3 inches thick prior to its initial set. Where two or more ducts are encased in concrete, the Contractor shall space them not less than 2 inches apart (measured from outside wall to outside wall) using spacers applicable to the type of duct. As the duct laying progresses, concrete not less than 3 inches thick shall be placed around the sides and top of the duct bank. End bells or couplings shall be installed flush with the concrete encasement where required. When specified or shown, the Contractor shall reinforce the bottom side and top of encasements with steel reinforcing mesh or fabric or other approved metal reinforcement. When directed, the Contractor shall supply additional supports where the soil bearing capacity is inadequate, where ducts cross under roadways or where otherwise shown on the Plans. Under such conditions, the complete duct structure shall be supported on reinforced concrete footings, piers or piles located at approximately 5 -foot intervals. ' 1104.4 DUCTS WITHOUT CONCRETE ENCASEMENT. Trenches for single -duct lines shall be not less than 6 inches nor more than 12 inches wide, and the trench for 2 or more ducts installed at the same level shall be proportionately wider. Trench bottoms for ducts without concrete encasement shall be made to conform accurately to grade so as to provide uniform support for the duct along its mare length. A layer of fine earth material, at least 4 inches thick (loose measurement) shall be placed in the bottom of the trench as bedding for the duct. The bedding material shall consist of sand or acceptable other fine fill, and it shall contain no particles that would be retained on a 1/4 -inch sieve. The bedding material shall be tamped until firm. Unless otherwise shown in Plans, ducts for direct burial shall be installed so that the tops of all ducts are 1/91 SP L-110-3 1 1 at least 18 inches below the finished grade. When two or more ducts are installed in the same trench without concrete encasement, they shall be spaced not less than 2 inches apart (measured from outside wall to outside wall) in a horizontal direction and not less than 6 inches apart in a vertical direction. Trenches shall be opened the complete length before the duct is installed so -that if any obstructions are encountered proper provisions can be made to avoid them. 1104.5 DUCT MARKERS. The location of the ends of all ducts shall be marked by a concrete slab marker 2 feet square and 4 inches thick extending approximately 1 inch above the surface. The markers shall be located above the ends of all ducts or duct banks, except where ducts terminate in a handhole, manhole or building. The Contractor shall impress the word "DUCT" on each marker slab. He shall also impress on the slab the number and size of ducts beneath the marker. The letters shall be 4 inches high and 3 inches wide with width of stroke 1/2 -inch and 1/4 -inch deep or as large as the available space permits. -1104.6 BACKF LLING. After concrete -encased ducts have been properly installed and the concrete has had time to set, the trench shall be backfilled in at least two layers with excavated material not larger than 4 inches in diameter and thoroughly tamped and compacted to at least the density of the surrounding undisturbed soil. If necessary to obtain the desired compaction, the backfill material shall be moistened or aerated as required. Trenches shall not be excessively wet and shall not contain pools of water during backfilling operations. The trench shall be completely backfilled and tamped level with the adjacent surface, except that when sod is to be placed over the trench the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement. Any excess excavated material shall be removed and disposed of in accordance with instructions issued by the Engineer. For ducts without concrete envelope, 8 inches of sand, or other acceptable fine fill (loose measurement) shall be placed around the ducts and carefully tamped around and over them with hand tampers. The remaining trench may be filled with excavated material and thoroughly tamped as specified above. 1104.7 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying, pad construction and other work, shall be restored to its original condition. The restoration shall include any necessary paving, topsoiling, fertilizing, liming, seeding, sprigging or mulching. All such work shall be performed in accordance with the appropriate specification. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. The restoration shall also include excavation of existing pavement, installation of duct or conduit and restoring the pavement as shown on the plans or if not shown to match the existing pavement section with material shown on the plans. The restoration shall also include pavement markings as a result of the Contractor's operation. 1104.8 CONDUIT REINSTALLATION. Conduits as indi„ated on the Plans shall be reinstalled in accordance with the appropriate details on the plans. The Contractor shall provide all materials as required for accomplishment of the work. 110-5 METHOD OF MEASUREMENT. 110-5.1 The quantity of underground duct or conduit to be paid for under this item shall be the number 1/91 SP L-110-4 L of linear feet of duct or conduit installed or reinstalled, measured in place, from end or outside face of structure to end or outside face of structure, including all required excavation, backfill, and restoration of surfaces, completed and accepted. Separate measurement shall be made for the various types and sizes. 110-6 BASIS OF PAYMENT. 110-6.1 Payment will be made at the Contract unit price for each type and size of single -way or multi -way duct or conduit completed and accepted. This price shall be full compensation for furnishing all materials and for all preparation, assembly, installation of these materials, restoration of surfaces, and for all labor, equipment, tools and incidentals necessary to complete this item. Payment will be under: Item L-110-6.1 - 4 -Way Electrical Duct Bank, Type 1 - per linear foot Item L-110-6.1 - 8 -Way Electrical Duct Bank, Type 1- per linear foot Item L-110-6.1 - 2 -Inch Diameter Rigid Steel Conduit Installed In Pavement - per linear foot Item L-110-6.1 - 2 -Inch Diameter Rigid Steel Conduit Installed In Turf - per linear foot Item L-110-6.1 - 2 -Inch Diameter Rigid Steel Conduit Reinstalled In Turf - per linear foot FEDERAL SPECIFICATIONS REFERENCED IN ITEM L-110 Number Title W -C-571 Conduit and Fittings, Nonmetal, rigid; (Asbestos -Cement or Fire -Clay Cement), (for Electrical Purposes). W -C-575 Conduit and Fittings; Nonmetallic, Ri6id, Bituminized Fiber; Laminated Wall. W -C-581 Conduit and Fittings; Nonmetallic, Rigid, (Bituminized Homogeneous Fiber). W -C-1094 Conduit and Fittings; Nonmetallic, Rigid, (Plastic). WW -C-581 Conduit, Metal, Rigid; and Coupling, Elbow; and Nipple, Electrical Conduit: Zinc -Coated. END OF ITEM 1/91 SP L-110-5 1 1 1 1 1 i 1 1 f 1 1 1 1 1 1 1 1 1 ITEM I.-112 1 ELECTRICAL BUILDING D. Louver shop drawings and manufacturer's information. 112-2 MATERIALS. 112-2.1 RESTORATION OF SURFACES. All surfaces disturbed as a result of the electrical building construction shall be restored to a condition equal or better than original at completion of the work. All restoration work shall be in accordance with the :.ppropriate specification. 112-2.2 GRANULAR MATERIALS. Granular materials shall be provided in accordance with Item P-158. 112-2.3 CONCRETE. Concrete shall conform to the requirements of Item P-610, Structural Portland Cement Concrete. 112-2.4 STEEL REINFORCEMENT. Welded wire mesh shall meet the requirements of ASTM A497. Deformed steel bars shall meet the requirements of ASTM A615. 112-2.5 PRECAST CONCRETE PLANKS. Planks shall be of the thickness shown on the drawings and shall be of the hollow core type with prestressed reinforcement. Planks shall be as manufactured by Spancrete, Spandeck or equal. All precast units shall be designed, cast, and erected in accordance with all applicable provisions of ACI 318-71, Chapter 16, entitled "Precast Concrete" and Chapter 18 entitled "Prestressed Concrete." A. Design. I)es,.-n and reinforce planks for all dead loads and uniform live load of 100 psf unless otherwise shown or scheduled. Maximum allowable deflection of roof planks shall be 1/180 of span. Concrete materials shall be clean and properly graded. Concrete shall have a minimum compressive strength of 5,000 psi at 28 days. Design of all hollow core, precast, roof planks shall be by a duly registered professional engineer in the employ of the plank manufacturer. Planks shall conform to PCI MNL -116, PCI MNL -120, PCI MNL -123 and PCI Manual for Designer of Hollow Core Slabs. 1/90 SP L-112-1 112-1 GENERAL. 112-1.1 DESCRIPTION. This item shall consist of the complete general construction of the electrical building including all site excavation, grading, access road installation, restoration of surfaces and all related mechanical items as shown on the Plans and specified. 112-1.2 SUBMITTALS. Contractor shall submit to Engineer: A. Precast concrete plank, shop drawings including reinforcing details, design data and manufacturer's information. B. Roofing shop drawings, manufacturer's information, and 12" wide sample of gravel stop and fascia. C. Door shop drawings, including hardware schedules and manufacturer's information. D. Louver shop drawings and manufacturer's information. 112-2 MATERIALS. 112-2.1 RESTORATION OF SURFACES. All surfaces disturbed as a result of the electrical building construction shall be restored to a condition equal or better than original at completion of the work. All restoration work shall be in accordance with the :.ppropriate specification. 112-2.2 GRANULAR MATERIALS. Granular materials shall be provided in accordance with Item P-158. 112-2.3 CONCRETE. Concrete shall conform to the requirements of Item P-610, Structural Portland Cement Concrete. 112-2.4 STEEL REINFORCEMENT. Welded wire mesh shall meet the requirements of ASTM A497. Deformed steel bars shall meet the requirements of ASTM A615. 112-2.5 PRECAST CONCRETE PLANKS. Planks shall be of the thickness shown on the drawings and shall be of the hollow core type with prestressed reinforcement. Planks shall be as manufactured by Spancrete, Spandeck or equal. All precast units shall be designed, cast, and erected in accordance with all applicable provisions of ACI 318-71, Chapter 16, entitled "Precast Concrete" and Chapter 18 entitled "Prestressed Concrete." A. Design. I)es,.-n and reinforce planks for all dead loads and uniform live load of 100 psf unless otherwise shown or scheduled. Maximum allowable deflection of roof planks shall be 1/180 of span. Concrete materials shall be clean and properly graded. Concrete shall have a minimum compressive strength of 5,000 psi at 28 days. Design of all hollow core, precast, roof planks shall be by a duly registered professional engineer in the employ of the plank manufacturer. Planks shall conform to PCI MNL -116, PCI MNL -120, PCI MNL -123 and PCI Manual for Designer of Hollow Core Slabs. 1/90 SP L-112-1 a B. Materials. Concrete shall be in accordance with ACI 318-71. Grout shall be non -shrink, non metallic, minimum yield strength of 10,000 psi at 28 days. Prestressing steel shall be in accordance with ASTM A416. Reinforcing steel shall be in accordance with ASTM A615, Grade 60. Bearing pads shall be 1/4 -inch hardboard unless otherwise shown. Fabrication tolerances shall conform to PCI MNL -116. Planks shall be completely cured prior to delivery and shall be clean, smooth and straight with no projecting fins, broken .edges, or structural defects. Warped units shall be rejected. Planks shall be machine cast in a factory under controlled mixing, casting and curing conditions, in accordance with PCI Standards for Prestressed Concrete Planks. , Planks shall be stored up off the ground, and kept clean and dry prior to installation. C. Openings. Openings shall be provided as required for passage of electrical conduits or other required equipment. 112-2.6 MASONRY MATERIALS. A. Portland Cement. Portland cement shall be approved standard brand ASTM C-150, Type 1, delivered to site in unopened sacks bearing brand and name of manufacturer. B. Masonry Concrete. Masonry concrete shall be ASTM C-91, Type H. C. Lime. Lime shall be approved standard brand ASTM C-207, Type S, Minute Man of Lee Lime Corporation, Mortaseal of United States Gypsum, Type S Mason's Lime of National Gypsum, Super Limoid of Warner Company, Quickmix of Ohio Lime Company or equal. D. Sand. Sand shall be natural sand, clean, sharp, uncoated grains, free from loam, clay, organic impurities, frozen material, ASTM C-144, source approved by the Engineer, no change without written approval. E. Water. Water shall be potable, clean, free from oil, acids, vegetable matter, alkalies, salts or other injurious substances. F. Steel Reinforcing Bars. Steel reinforcing bars shall be deformed bars of intermediate grade billet steel in accordance with ASTM A-615. G. Wall Reinforcing. Wall reinforcing shall be cold drawn steel wire, ASTM A-82 for single-wythe walls, all hot -dipped galvanized as per ASTM A-153,consisting of two deformed side rods not less than 3/16" diameter and a No. 9 gauge diagonal cross rod butt welded in same plane at 16" intervals to side rods. For cavity walls, reinforcement shall be 3/16" mill galvanized wire wall tie, ASTM 580, Type 304, truss -style within wythe and between-wythe hook -and -eye connections at 24 -inches o.c. with adjustable wall tie pintle sections. 1/90 SP L-112-2 G 1 Products shall be Extra -Heavy Dur -O -Wall, Heavy Truss Keywall of Keystone Steel and Wire or equal. Reinforcing shall be of proper widths for partitions and walls shown. H. Miscellaneous Masonry Reinforcement. Zee ties, rectangular ties, clips and other miscellaneous masonry wire ties shall be provided as shown on the contract drawings or specified. Wire ties and clips shall be cold drawn steel wire, standard 3/16" thickness or an equivalent gauge, conforming to ASTM A-82 standards. Finished reinforcement and wire ties shall be hot dipped galvanized after fabrication conforming to ASTM A-153 standards. I. Concrete Block Masonry Units. Concrete block masonry units shall be ASTM C90 Grade N, Type 1, normal weight, 2 -cell units with design strength of fin =1,350 psi as shown on the Contract Rigid Perimeter Wall Insulation. Rigid perimeter wall insulation shall be extruded, closed cell Drawings in plain or special faced units. Plain units shall be 8" H x 16"L x 8"T. [Special faced units shall include split faced block, 8"H x 16"L x 8"T, Terra -Cotta (red) in color.] 0.02% by volume, density 2.1 1-lb./c.f. by weight. In the thicknesses as shown on the Contract Concrete or other approved load bearing block shall meet the requirements of ASTM C-90 for hollow core units and ASTM C-145 for solid masonry units, and shall be free from deleterious matter that will stain plaster or drywall or corrode metal. Brick Units. Brick units shall conform to ANSI/ASTM C-216, Type FBS tolerances and Grade Water repellant coating for masonry, shall be in accordance with "Field Painting', below. Approved aggregates for these units shall be limited to sand, gravel, crushed stone, expanded clay or expanded shale. METALS. Units shall be to v pressure cured for 8 hours and aged for thirty (30) days under cover. Block units shall be stored under cover at all times after curing. The Engineer shall be furnished an affidavit indicating compiiance with the curing requirements. 1 J. Mortar Mix. Mortatr mix shall be Type "M", composed of Portland Cement, lime and sand, proportioned 4:1:13 by volume, conforming to ASTM C-270. K. Grout Fill. Grout fill shall conform to Item P-610. L. Unit Masonry Insulation. Unit masonry insulation shall be compatible to the unit masonry system 190 as shown on the Contract Drawings and the unit masonry manufacturer. It shall be a one-piece core insert or granulated fill, polystyrene material, vermin -proof, rot and moisture -proof. Insulation inserts or fill shall be capable of providing a U value of .17 typical in a single wythe of 8" lightweight aggregate concrete block with a density of 95 P.C.F. Materials shall be by Korfil, Inc., Basf Wyandotte Products or equal. M. Rigid Perimeter Wall Insulation. Rigid perimeter wall insulation shall be extruded, closed cell polystyrene foam, rigid insulation board with a K value of 0.20 at 75 degrees F, water absorption 0.02% by volume, density 2.1 1-lb./c.f. by weight. In the thicknesses as shown on the Contract Drawings. N. Brick Units. Brick units shall conform to ANSI/ASTM C-216, Type FBS tolerances and Grade SW for severe weather. Color shall match existing adjacent brick. Units shall be nominal modular size of 8"L x 2-2/3H x 4"T. 112-2.7 METALS. A. Loose Steel Lintels. Loose steel lintels shall be made of A-36 shop primed steel or equal,'and furnished in sizes and locations as shown on the Contract Drawings. 190 SP L-112-3 fj B. Fasteners. All anchor bolts shall be of A-307 steel or equal unless otherwise specified on the Contract Drawings. C. Finish Painting. See Section "Field Painting" below. 112-2.8 CARPENTRY WORK. Materials shall conform to the following requirements: A. Lumber and Blocking. AWI PS -20 grade; with wood preservative treatment, Type C, AWPA Standard P5, "Wohnanized." B. Nails, Spikes, Staples, Bolts, Nuts, Washers, Lags, Pins and Screws. Galvanized, size and type to suit applications. C. Fasteners. Expansion -shield lag bolt type for anchorage to solid masonry or concrete. D. Hardboard. Pressed wood fiber with resin binder, tempered grade, PS -51. 112-2.9 BUILT-UP BITUMINOUS ROOFING. Roofing membrane shall be 4 -ply assembly in conformity with F.M. Class I: primed concrete, vapor retarder, insulation board, asphalt, insulation, 4 -plies fiberglass felts, top coating, and aggregate. A. Asphalt. ASTM D312, Type II, 158-178 degrees F. B. Felts. Fiberglass, ASTM D-2178, Type VI; asphalt impregnated; 540 sq. ft. (one roll), minimum 41.3 lbs., maximum 54 lbs. C. Aggregate. Washed gravel, ASTM D-1863, f=ee of any sharp pointed stones. D. Nails to Wood. 1 -inch round, solid cap, galvanized, minimum 1-1/2 inch long. E. Vapor Retarder. FM or UL approved with perm rating of 0.5. F. Tapered Roof Insulation. Use 1/8" ft. tapered wood fiber insulation board as manufactured by Owens Corning Fiberglas Corporation or equal. Boards shall be installed to provide a minimum of 1" between membrane and roof plank and attached by hot asphalt. 112-2.10 SHEET METAL: FLASHING, TRIM, GUTTERS, DOWNSPOUTS. Materials shall conform to following: A. Concealed Flashings. Galvanized steel, ASTM A55, G90, 26 -gage steel. B. Gravel Stops and Fascia. Aluminum sheet, ASTM B209,.050 -inch thick, Kynar 500 finish, plain surface. C. Underlayment. ASTM D266, No. 15 asphalt saturated roofing felt. D. Protective Backing Paint. Bituminous. E. Slip Sheet. Rosin building sized paper. F. Plastic Cement. Federal Specification SS -C-151, Type I - Asphaltic. G. Gutters/Downspouts. Aluminum sheet, ASTM B209, alloy, standard temper, .125 -inch thick, plain with shop precoating of color to be selected. 1/90 SP L-112- 4 112-2.11 CAULKING AND SEALANTS. Colors shall be as selected and approved by the Engineer from manufacturer's standard colors to suit conditions. Sealants shall also conform to the following: A. Traffic Bearing Sealant. A two-part self -leveling polyurethane sealant, Federal Spec. TT -S - 00227E, Type I, Class A, at sidewalk expansion joints, and at interior concrete slab joints. This sealant shall be used in conjunction with expansion joint filler. Products shall include Sonolastic by Sonneborn Products, Weatherban by 3M Products or equal. B. Non -Traffic Bearing Sealant. Two parts Elastromeric Sealant, U.S. Federal Spec. No. TTS- ' 00227E, Type 11, Class A. Use for watertight seals on all interior and exterior locations. C. Tape Spacers. Tape spacers shall be 1/8" polybutene tape. Use where aluminum meets ferrous metals or masonry. D. Primers, Solvents and Cleaners. Primers, solvents and cleaners shall be non -staining, of type proven by tests to be compatible with the compound used, of brand recommended by the manufacturer of the compound. Manufacturer's recommendations shall be followed in handling, storing and curing. E. Backer Rod. Backer rod shall be non -staining type and compatible with the sealant used. Backer rod shall be composed of a compressible material, rods or tubes of expanded polyethylene or polyurethane foam, or extruded synthetic rubber. No material shall be used that is impregnated with oils, asphalt or solvents that tend to bleed. F. Bond Breakers. Bond breakers, where required, shall be polyethylene tape or similar material as recommended by the manufacturer of the sealant. G. Premolded Joint Filler. Premolded joint filler shall be compressible material, capable of recovering 95% of original size fully compatible with backup and sealants used. Material may either be cork or rubber based. H. Interior Caulk. Interior caulk shall be acrylic latex, ASTM C-834-76. Use at all non -watertight locations and at interior joints between dissimilar materials. 112-2.12 DOORS AND FRAMES. Doors and frames shall conform to the following: A. Hollow Metal Door Materials. Sheet steel, ANSI/SDI-100; galvanized, ASTM A525; 1-3/4 inch thick; factory primed and factory -finished baked enamel; sizes shown on drawing. All doors shall be factory -prepared to receive finished hardware: Mortise reinforcement, holes drilled and tapped, reinforcement for hardware specified. Gauges of metal reinforcing plates, not lighter than required by the Steel Door. Institute Technical Data 107. Hardware shall not be attached to doors with self -tapping or sheet metal screws. Doors and frames shall be thoroughly cleaned, chemically bonderized, treated to provide maximum paint adhesion and given one baked -on coat of rust inhibitive primer. Finish surface shall be smooth and free from irregularities and rough spots. B. Fiberglass Reinforced Polyester Door. Door faces of fiberglass reinforced polyester with rails and stiles of extruded 6063 T5 aluminum alloy. Special -Lite, Inc., Model SL -17 or equal. C. Interior Doors, Non -Rated. SDI -100, Grade I, standard duty; Model 1, full flush, hollow steel construction. 190 SP L-112-5 D. Fire -Rated Doors. SDI -100, Grade I, Model 1; U.L. or FM rated B Label hollow metal door core construction shall be rated in accordance with procedures ASTM E152, U.L. 10B, N.F.PA. 252, or ANSI A2.2. E. Hollow Metal Frame (Interior). Hollow metal frames shall be of sizes, profiles, and design indicated on drawings. Frames formed of not less than 16 gauge rolled sheet steel, provided with integral stops and trim, full welded units. Stops for exterior frames 1/2" high and not less than 1- 3/4" wide. Fabrication: Joints in frames; mitered and welded; all contact edges, closed tight; welds on exposed surfaces, dressed smooth and flush. Provide a minimum of three anchors at each jamb, of type required for adjoining wall construction, fabricated of sheet steel not lighter than gauge used for frame. Provide floor anchors, 16 gauge steel, at each door jamb, welded to jamb and drilled with two holes for anchoring to floor. Provide temporary steel spreaders fastened securely across bottom of door frames to provide rigidity in shipment, handling and setting frames. All frames shall be prepared for finish hardware. Mortise, drill and tap frames, and reinforce at factory to receive hardware specified. No hardware attached to frames with self -tapping or sheet metal screws. Welding of hinges to frames not permitted. Provide cover boxes in back of all hardware cutouts. All frames shall have 4" heads. t Hollow metal frames for masonry walls will be 5'k in width unless otherwise shown on the Contract Drawings. F. Aluminum Frame (Exterior). Frame members to be one piece tubular extrusions of 6063 T5 aluminum alloy with a minimum .125" wall thickness. Size of frame members to be 2" x 5" unless shown otherwise on contract drawings. Finish to be special anodized. Frame as manufactured by Special -Lite, Inc. or equal. 112-2.13 DOOR HARDWARE. A. General. Catalog numbers and manufacturers names scheduled are given as means of describing type, materials, strength, design, quality, weight, mechanical construction, operation of items, and other requirements to which hardware shall conform. Hardware shall be wrapped or packaged so as to be protected during shipment; deliver hardware items, each suitably identified. Furnish templates of items as required immediately after approval of same. In general, all architectural hardware in this section to be installed on hollow metal doors shall have the same finish unless specified otherwise. All locks shall be master keyed as directed by the Engineer. Provide two (2) keys for each lock and five (5) master keys for each group. The Contractor shall deliver master keys directly to the Engineer in a sealed package. All locks shall also be construction master keyed. B. Hardware Schedule. I Interior Door Butts. 1-1/2 Pr. per door 4-1/2" x 4-1/2" up to 36" wide. 1-1/2 Pr. per door 5" x 1/90 SP L-112-6 I 1 1 4-1/2" over 36" wide. Five (5) knuckle ball bearing hinges for high and medium frequency doors. NRP on exterior doors. U.L. or F.M. listed. U.S. 32D Finish. Exterior Door Butts. Continuous anodized aluminum hinge. Hagar Roton model 780-224HD or ■ equal. Store Room Lock. Bored lock, Sargent 7600 Series, keyed one side, opposite side unlocked Schlage D80PD or equal. U.L. listed. ' Latchsets. Sargent Cylindrical Type 8 line latchsets, wrought knob sets, OB design, General 31110 Series or equal. U.L. listed. Match Owner's hardware, no substitutions. Closers. Parallel arm application, LCN Smoothee Series 4010, or Sargent 50 Series or equal, as required for door size and weight, US 32D plated finish, unless noted otherwise. U.L. or F.M. listed. Weatherstripping. Zero #50A at head and jamb and #39A at sill; Pemko #305 at head and jamb, Pemko #315 at sill or equal. 112-2.14 FIELD PAINTING. All materials to be used in the work, including paints, stains, varnishes, thinners, etc. shall be delivered to the site in their original unbroken containers. All ingredients shall be prepared, packaged, labeled and guaranteed by the manufacturer. Painting materials shall be stored at the site in a place and in a manner approved by the Engint er. Paint storage space shall be kept clean at all times and every precaution shall be taken to avoid fire hazards. Materials used for coating systems for each type surface shall be the product of a single manufacturer. , Color chips shall be submitted to the Engineer for color selection. From time to time, as the Engineer may direct, analyses of paint and oil or pigment samples may be made and any samples that are found not complying with these specifications may be cause for rejection of the paint. The cost of the analyses and the cost of supplying paint that complies with these specifications shall be at the Contractor's expense. A. Painting and Finishing Materials. Painting and finishing materials shall be the best quality of the manufacturer. Written approval by the Engineer shall be obtained for all materials prior to starting work. Products shall be equal to Glidden Products, Mobil Chemical Company or approved equal. Manufacturers' names indicated in the Paint Schedule are included for reference only. Other manufacturers as specified are approved, providing finishes specified and colors intended are equal. B. Turpentine. Turpentine shall be in accordance with the requirements of Federal Specification TT - T -801. C. Mineral Spirits. Mineral spirits shall be in accordance with the requirements of Federal Specification TT -T-291. D. Linseed Oil. Linseed oil, shall be pure, well filtered and settled, conforming to ASTM D-234 for raw linseed oil and to ASTM D-260 for boiled linseed oil. E. Water Repellent coating for Masonry and Concrete. Coating shall be a clear penetrating silicone meeting the requirements of Federal Specification SS -W-110. 19 - / 0 SPL 112-7 11 112-2.15 EPDXY FEqISHES. The epoxy finishes shall be a two component system, applied by brush or roller after proper mixing. The finish shall be a high -build, tile -like, moisture insensitive coating, resistant to periodic detergent cleanings when cured. All materials to be used in the work, including base coats, curing agents, primers, thinners, etc., shall be delivered to the site in their original unbroken containers. All ingredients shall be prepared, packed, labeled and guaranteed by the manufacturer. , Coating materials shall be stored at the site in a place and in the manner approved by the Engineer, and in environmental conditions approved by the coating manufacturer. The storage space shall be kept clean at all times and every precaution shall be taken to avoid fire hazards. The Contractor shall refer to schedules in the Contract Drawings for the extent of all areas to receive epoxy finishes, and the thickness of the finish as specified. All protective coatings to be applied to any one surface shall be of the same manufacturer's batch number. It shall be the Contractor's responsibility to have sufficient quantities on hand to comply with this requirement. A. Samples. Color chips shall be submitted to the Engineer for color section. Where epoxy finishes shall be applied to concrete block, a block filler will be required. The Contractor shall submit a sample of block to be used with one coat block filler and a two -coat application of the material specified for the Engineer's approval. Once approved, no changes in source, density or concrete block or method of application of epoxy finishes will be acceptable without a resubmittal of samples and approval by the Engineer. From time to time, as the Engineer may direct, analyses samples may be made and any samples that are found not complying with these Specifications may be cause for rejection of the material. The cost of the analyses and the cost of sulplying coatings that comply with these specifications shall be at the Contractor's expense. B. Epoxy Materials. The coatings shall consist of a flexibilized epoxy resin base, combined with an amine curing agent such as Sikaguard Hi -Build 664/9 manufactured by the Sika Chemical Corporation, Lyndhurst, New Jersey 07071, or a catalyzed epoxy coating, consisting of a base coat and a catalyst curing agent such as Cepoxy 2 -Pack Enamel as manufactured by the Cheesman-Elliot Company, Division of the Seagrave Corporation, Brooklyn, New York 11232 or equal. 112-2.16 LOUVERS. Louvers shall be extruded aluminum mullion type storm proof louvers of thickness as scheduled. Frames and blades shall be 6063-T52 alloy, minimum .081 -inch thick with reinforcing bosses. , Head, sill and jambs to be one piece structural extruded members with integral caulking slot and retaining head. Interlocking mullions shall have provision for expansion and contraction. All fastenings shall be stainless steel or aluminum. Unless otherwise scheduled, all louvers shall be provided with wire insect screen secured to removable extruded aluminum frames. Where shown, provide continuous mill finish aluminum closure angle at inside perimeter 2" x 1" x 1/8". Where shown, provide continuous extruded aluminum sill extension i-. same finish as louver. All fastenings, trim pieces and accessories to be of same finish as louver. All louvers shall be delivered free of scratches and blemishes and shall be covered or packaged to prevent damage. Louvers shall be stored on pallets above the floor and shall not be stacked. 1/90 SP L-112-8 IAll louvers shall be a Kynar 500 finish. Color to be selected by Engineer. 112-2.17 MECHANICAL WORK. A. Thermostats. 1. Cooling Thermostat. Line voltage 120V two position cooling room thermostat with bimetal sensing element capable of full load amps of 3.0. Provide with SPST or SPDT electric switch with 2'F differential and dial setpoint range of 55 to 85' . Provide with thermostat guard, subbase and all mounting. Manufacturer and Model: Barber Coleman TC -1101 or equal. 1 B. Control Motors. 1. Type 1. Two position spring return, 120 VAC oil submerged actuator for operation of dampers. Rated torque as scheduled on drawings. U.L. listed. ' Provide crank arm and linkage cc mponents required for proper operation. Provide SPDT to make circuit at powered end of stroke for DM -3. Manufacturer and Model: Barber Coleman MA -418 or equal for required torque of 60 lb. -in. C. Utility Set Centrifugal. Fan wheel shall be airfoil wheel, steel construction with smooth curved inlet flange, heavy backplate die formed hollow airfoil shaped blades continuously welded at tip flange, and backplate; cast iron or cast steel hub riveted to backplate and keyed to shaft with set screws. 1. Housing. Continuously welded airtight housing with heavy gauge steel, adequately braced, designed to minimize turbulence with spun inlet bell and shaped cut-off. Factory finish before assembly with enamel or prime coat. 2. Motors and Drives. a. Motors. Open drip -proof. ib. Bearings. ANSI/AFBMA 9, L-10 life at 50,000 hours, heavy duty pillow block type, self -aligning, grease -lubricated ball bearings. Provide with external lubrication fittings. C. Shafts. Hot rolled steel, ground and polished, with key -way, protectively coated with lubricating oil. d. V -Belt Drive. Cast iron or steel sheaves, dynamically balanced, keyed. Variable and adjustable pitch sheaves for motors 16 hp (11.2 kW) and under, selected so required rpm is obtained with sheaves set at mid-position. Fixed sheave for 20 1/90 SP L-112-9 Q 1/90 hp (15 kW) and over, matched belts, and drive rated as recommended by manufacturer or minimum 1.5 times nameplate rating of the motor. e. Belt Guard. Fabricate to SMACNA Low Pressure Duct construction Standards; of 12 gauge, 3/4 inch diamond mesh wire screen welded to steel angle frame or equivalent, prime coated. Secure to fan or fan supports without short circuiting vibration isolation, with provision for adjustment of belt tension, lubrication, and use of tachometer with guard in place. 3. General. Fans used shall not increase motor size, or increase noise level, or increase tip speed by more than 10 percent, or increase inlet air velocity by more than 20 percent, from speed criteria. Fans shall be capable of accommodating static pressure variations of plus or minus 10 percent. Base performance on sea level conditions. Statically and dynamically balance fans to eliminate vibration or noise transmission to occupied areas. On belt driven fans, provide balanced variable and adjustable pitch sheaves so desired RPM is obtained with sheaves set at mid-position. Provide access doors shaped to conform to scroll with quick opening latches and gaskets. Provide belt guards on belt driven fans. ' Provide 1/, inch mesh safety screen where inlet or outlet is exposed. Factory prime coat fan wheels and housing, except on aluminum construction. Manufacturer and Model: Chicago Blower SQA, Size 22-1/4 or equal. Metal and Flexible Ductwork Fabrication. 1. General. Fabricate and support in accordance with SMACNA Metal and Flexible HVAC �. Duct Construction Standards and ASHRAE handbooks, except as indicated. Provide duct material, gages, reinforcing, and sealing in accordance with the SMACNA Duct Manual. The maximum duct dimension metal gauge shall comply with the latest edition of the SMACNA Duct Manual. Increase duct sizes gradually, not exceeding 15 degrees divergence wherever possible. Divergence upstream of equipment (i.e., coils) shall not exceed 30 degrees; convergence down -stream shall not exceed 45 degrees. Connect flexible ducts to metal ducts with adhesive plus sheet metal screws and tape. Metal collars shall be used where flexible ducts are connected to metal ducts and shall be a minimum of 2" in length. Fabricate ductwork with accessories installed during fabrication to the greatest extent possible. Construct plenums of galvanized steel panels jointed by standing seams on outside of casing riveted or bolted on approximately 12 inch centers. Reinforce with steel angles and provide diagonal bracing. Tightly fit at apparatus and seal with sealant. SP L-112-10 Plenum gages shall be in accordance with the SMACNA Metal and Flexible HVAC Duct Construction Standards and as indicated below: Upstream of fan between apparatus: 16 gage. Non-combustible or conforming to requirements for Class 1 air duct materials, or UL 181. 2. Steel Ducts. AASTM A527 galvanized steel sheet, lockforming quality, having zinc coating of 1.25 oz. per sq. ft. for each side in conformance with ASTM A90. 3. Fasteners. Rivets, bolts, or sheet metal screws. 4. Sealant. Non -hardening, water resistant, fire resistive, compatible with mating materials; liquid used alone or with tape, or heavy mastic. 5. Hanger Rod. Steel, galvanized; threaded both ends, threaded one end, or continuously threaded. E. Ductwork Support Materials. Except as otherwise indicated, provide hot -dipped galvanized steel fasteners, anchors, rods, straps, trim and angles for support of ductwork. F. Insulated Control Damper (Type 1). Damper frames shall be constructed of 16 gauge galvanized steel with pre -punched mounting holes. Provide flange as required for mounting damper to wall. Damper blade shall be insulated with 1/2" polystyrene and have extruded vinyl seals on the closing edge. Blade shall be constructed of a 20 gauge galvanized cover panel with a 16 gauge galvanized back panel. Axles shall be 1/2" diameter zinc plate steel with bronze or nylon bushing. Control shaft shall extend 6" beyond frame. Manufacturer and Model: Greenheck VCD-5000 or equal. G. Flexible Duct Connections. Fabricate in accordance with SMACNA Low Pressure Duct Construction Standards, and as indicated. UL listed fire -retardant neoprene coated woven glass fiber fabric to NFPA 90A, minimum density 36 oz. per sq. yard., approximately 6 inches wide, crimped into metal edging strip. Manufacturer: Elgen or approved equal. H. Duct Access Doors. Fabricate in accordance with SMACNA Low Pressure Duct Construction Standards and as indicated. Review locations prior to fabrication. Fabricate rigid and close -fitting doors of galvanized steel with sealing gaskets and quick fastening locking devices. Access doors smaller than 12 inches square may be secured with sash locks. Access doors with sheet metal screw fasteners are not acceptable. 1/90 SP L-112-11 Manufacturer and Model: Ruskin ADH2, or equal. I. Duct Test Boles. Cut or drill temporary test holes in ducts as required. Cap with heat patches, neoprene plugs, threaded plugs, or threaded or twist -on metal caps. Permanent test holes shall be factory fabricated, air tight flanged fittings with screw cap. Provide extended neck fittings to clear insulation. 112-3 CONSTRUCTION METHODS. 112-3.1 GENERAL. The Contractor shall construct the electrical building including all site excavation, grading, restoration of surfaces and all related plumbing items as shown on the Contract Drawings and specified. 112-3.2 EXCAVATION. Excavation shall be of sufficient size, and only of sufficient size, to give suitable room for the proper construction of structures and appurtenances, including allowances for sheeting, dewatering, and other similar work necessary for completion of the Contract. Excavation for structures shall be made only to the lines and grades shown on the Plans, specified or directed. In no case will undercutting excavation faces for extended footings be permitted. Provide not less than twelve inches (12") clearance between excavation faces and subgrade exterior wall surfaces to permit application of plaster or dampproofing. Subgrade for all concrete structures shall be undisturbed original earth or, where excavation below subgrade is ordered, it shall be a thoroughly compacted and consolidated lining, special lining or special backfill as directed and shall be sufficiently stable to remain firm and intact during the surfacing of subgrade, laying reinforcing steel and placing concrete thereon. Where necessary, a layer of concrete, conforming to Item P-610, of sufficient thickness to withstand subsequent construction operations shall be installed below the specified subgrade elevation and the structure concrete deposited thereon. Subject to the approval of the Engineer, lining or special lining may be used for subsoil reinforcement if satisfactory results can be obtained thereby. Such material shall be applied in thin layers, each layer being entirely embedded in the subsoil by thorough tamping. All excess soil shall be removed to compensate for the displacement of the gravel or crushed stone and the finished elevation of any subsoil reinforced in this manner shall not be above the specified subgrade. 112-3.3 BACKFILLING. Backfilling around structures shall not be commenced until directed by the Engineer. Backfill evenly and simultaneously on both sides of foundation walls in 6 -inch lifts. Backfill around structures may be placed by machine, provided the work is done carefully to prevent damage to the structure. Any damage to a structure caused by the Contractor through the use of a machine to place backfill will be repaired at the Contractor's own expense. 112-3.4 PRECAST CONCRETE PLANKS. Skilled mechanics shall install planks in strict conformity with approved Shop Drawings and details. Where required, saw cut units to fit. Align and level slabs with steel shims. Keep units tight and at right angles to bearing wa».,. Minimum bearing shall be four inches (4") on masonry and three inches (3") on steel. Weld planks to steel and to case or built-in plates. Install z -shape reinforcement bar anchors in joints between planks, grout joints between planks. For walls parallel to plank spans, fill voids between walls and planks with grout. Clean joints prior to placing grout, removing loose particles of sand and dirt with stiff broom. Grout shall be mixture of one part Portland 1/90 SP L-112-12 C] Ci Where colored mortar is called for, the dry cement, color agents and aggregate shall be mixed dry to a uniform consistency, remixed with water, then lime shall be added and the mortar remixed to a uniform color. The Contractor shall mix all cementitious material and sand thoroughly in a mechanical batch mixer for a minimum of five minutes, adding only as much water as necessary to make mortar workable. If mortar begins to stiffen, it shall be retempered b f adding water immediately and remixing. All mortar shall be used within 2-1/2 hours of in:`ial mixing. Mortar shall not be used after it has begun to set. D. Workmanship for Block Units. Plain faced and special faced block walls, backup and partitions shall be erected where shown on the Contract Drawings. Each course shall be bedded solidly in mortar with vertical joints breaking halfway over course 1/90 SP L-112-13 Cement and three parts sand. Rake grout joints at walls 1/2" reveal. Caulk as required. All reinforcing steel related to the support or movement of roof plank to include grouting shall be closely 1 coordinated with the structural requirements for the proper execution of the work of this section. Keep site neat and orderly. Remove any rubbish, debris, etc. resulting from this section of work from the premises. Upon completed installation of the deck, all chipped ceiling joints in exposed areas shall be pointed up. The pointed work shall match the finished texture. 112-3.5 MASONRY WORK. A. General. All materials shall be stored in such manner as to prevent breakage or deterioration of materials, inclusion of dirt or other foreign materials and provide access for inspection and identification of materials. Cement, lime, delivered in original sealed containers, shall be stored immediately in dry, weathertight, ventilated structures. Masonry units shall be delivered commercially dry, free from ice, frost and snow. Units shall be sorted in orderly stacks above ground on planks, covered with tarpaulins or other suitable protection from weather. iSand shall be stored on plank platforms, in a manner to provide good drainage and prevent inclusion of dirt. Joint reinforcing, fabricated metal items shall be stored on planks, above ground in orderly piles, covered with tarpaulins or other suitable protection from weather. Lay out all work to lines and elevations as indicated on the Contract Drawings. Run levels from benchmarks to insure work being to proper elevation. Run taut lines at every course on exterior side of wall. B. Cutting and Patching. Coordinate allmasonry work to eliminate or reduce to a minimum necessary cutting and patching. All openings shall be neatly done using drilled openings. C. Mortar. No antifreeze, liquid salts or other substances shall be added to mortar unless noted otherwise. Where colored mortar is called for, the dry cement, color agents and aggregate shall be mixed dry to a uniform consistency, remixed with water, then lime shall be added and the mortar remixed to a uniform color. The Contractor shall mix all cementitious material and sand thoroughly in a mechanical batch mixer for a minimum of five minutes, adding only as much water as necessary to make mortar workable. If mortar begins to stiffen, it shall be retempered b f adding water immediately and remixing. All mortar shall be used within 2-1/2 hours of in:`ial mixing. Mortar shall not be used after it has begun to set. D. Workmanship for Block Units. Plain faced and special faced block walls, backup and partitions shall be erected where shown on the Contract Drawings. Each course shall be bedded solidly in mortar with vertical joints breaking halfway over course 1/90 SP L-112-13 F� below. Vertical joints shall be buttered the full height of each unit. Jamb units shall be provided in sizes required to bond with wall units. No cells shall appear in the walls. Provisions shall be made for supporting plumbing or heating units as required. Intersecting walls shall be bonded with true bond, toothed bond or wire mesh ties 24 inches long ' by 16 inches on vertical centers. Wall reinforcement shall be provided in all walls. Reinforcement of proper width shall be placed in every second bed joint, shall extend to within 1 inch of face of wall and rod shall be continuous around comers of intersecting walls. Reinforcement shall stop at control joints unless otherwise shown. E. Coarsing. One CMU block and one joint shall equal 8 -inches. Three brick courses and three joints shall equal 8 -inches. F. Tooling Joints. All mortar joints shall be coved and concave unless otherwise shown or specified using jointers of uniform size and shape to cover both edges and produce a concave joint approximately 1/8" deep. Long uniform strokes shall be used on horizontal joints. Junction of vertical and horizontal joints shall be mitered. Partially completed masonry and completed masonry awaiting further construction shall be temporarily covered to prevent rain, snow, ice or debris from entering hollow cells, chases, cavities, etc. at the end of each work day. G. Cold -Weather Protection. Cold weather protection must be maintained by the Contractor when outside air temperature is below 40 degrees F. The temperature of the masonry when laid snd the , air temperature on both sides of the masonry walls must be maintained above 40 degrees F for a period of not less than 72 hours. Written approval of the Engineer is required of methods the Contractor proposes to use for protection and heating to protect masonry against freezing temperatures. Protection is required as recommended by Structural Clay Products Institute. It is the intent of.this specification to avoid laying masonry in temperatures below 40 degrees F, except miscellaneous work which would delay the job. Masonry work showing evidence of freezing or having been frozen shall be removed and replaced at no additional cost to the Owner. H. Hot Weather Protection. Hot weather protection of masonry work in progress shall be undertaken by the Contractor when the outside air temperature rises above 90 degrees F. Written approval of the Engineer is required of methods the Contractor proposes to use for protection of masonry against excessive drying. Protection is required as recommended by Structural Clay Products Institute. It is the intent of this Specification to avoid laying masonry in temperatures above 90 degrees F, except miscellaneous work which would delay the job. Masonry work showing evidence of excessive drying shall be removed and replaced at --.) additional cost to the Owner. I. Cleaning and Pointing. Immediately scrape/cut fresh mortar splatters from brick. Allow 60 -days , for mortar to age before cleaning. Clean -down all exterior masonry wall with brush, soap and water, then fully rinse wall with water. No cleaning shall be performed when freezing weather is possible and until after tooling work is completed. Only if authorized in writing by the Engineer, masonry shall be cleaned with a solution containing 1/90 SP L-112-14 1 rl fl L� t 11 C 5% hydrochloric (muriatic) acid. Rinse thoroughly with water. Protect stone and metal work. Acid wash is prohibited on all light colored bricks. While cleaning, inspect the masonry, replace where required or directed any chipped, cracked, damaged or poorly laid materials. Any joints found to be defective because of hairline cracks or any other defective work shall be chiseled out. After reaching solid and sound mortar, clean thoroughly with a wet, stiff brush. Point the work while damp. The color and tooling of the pointed work shall match the surrounding work upon full set of the mortar. 112-3.6 GENERAL ROOFING REQUIREMENTS. Examine all surfaces to be covered with roofing and flashing. Notify Engineer immediately of any defects. Starting of roofing and flashing constitutes acceptance of surfaces to be covered as satisfactory. Roof assembly shall be in accordance with Factory Mutual Construction Bulletin 1-28. The membrane roofing system shall be applied by a recognized roofer, experienced in installations of this type and approved as applicator by the manufacturer of roofing materials to be used. All surfaces must be dry and thoroughly cleaned of all dust, dirt and debris. Decks of questionable dryness shall be checked prior to application of roofing. All projections through or openings in the deck shall be completed before application of roofing. All applications of roofing and fascia started must be completed within the same day. No application of materials in inclement weather. Insulation must be installed with stagl ered joints with top surface transitions smooth. Board gaps not to exceed 1/8". Contractor shall hold "Pre -Roofing Conference" prior to ordering materia -s and after approval of Shop Drawings. Attendees shall include roofing subcontractor, roofing foreman, roofing manufacturer, Owner and Engineer. 112-3.7 BUILT-UP BITUMINOUS ROOFING. (Installation on concrete deck.) A. General. Complete each day's application of roofing system to line of cut off, including aggregate surfacing. Install temporary water cut-off at completion of each day's work and remove, "clean", upon completion of work. Cut-off shall be stepped fashion, staggered 12" minimum at double layer. Extend plies of roofing felts up walls and curbs 2" above cant. Nail felts as required by manufacturer, or as indicated. Protect building edges from bitumen runs. B. First Layer. Prime concrete deck with asphalt primer. Install vapor retarder. Install first layer of insulation in full mopping of asphalt. Lay second layer of insulation over first in full mopping of asphalt, stagger joints. C. Envelope Strict. Extend first ply of felt sufficiently to cover all wood -blocking when folded back over other plys to create envelope. D. Plys. Install felts in shingle fashion, start at low point and work to high point; mop solid continuous asphalt under and between felts; broom felts into hot asphalt to provide tight and smooth lamination without wrinkles, buckles or fish mouths. 1/90 SP L-112-15 E. Top Layer Asphalt. Upon completion of all plys, flood coat with asphalt at rate of 60 lbs./100 s.f.; embed aggregate at rate of 500 lbs./100 s.f. F. Built -Up Roof, (1 + 1) Coated Base Flashing. At primed masonry walls and at previously felted wood blocking, install in a uniform coating of flashing cement, one ply asphalt saturated inorganic glass felt extending form roof deck (not less than 4 inches beyond cant strip on deck), run felts up cant and wall to top of blocking or ragglet. Where walls exceed 18 inches in height, terminate first stage of base flashing at 18 inches high and nail off at wood blocking. On top of this apply a second uniform coating of flashing cement into which embed one ply of reinforced inorganic base flashing from roof membrane to wood blocking. Nail along upper edge at 6 -inch o.c. maximum into mortar joints or wood blocking, as detailed. End laps for the 2 plies shall not be less than 3 inches and staggered not less than 24 inches. Nail end laps vertically at upper edge and 4 inches o.c. At walls exceeding 18 inches high, repeat steps in the above paragraph and lap first stage of base flashing a minimum of 4 inches. Nail through lap at 4 inches o.c. Cover all nails with a strip of inorganic felt not less than 4 inches wide set in a coating of flashing cement. Coat entire surface of flashing with flashing cement before gravelling adjacent roof deck. Initial coating, interply and top coating shall je troweled uniformly, full height and continuously, each in approximately 1/16 inch thick coating. Use proper grades to prevent runs. Plies laid smoothly, no pockets, wrinkles or t uckles. Install metal counterflashing or coping. Flashing cement shall be compatible with roofing materials. G. Built-up Roof, Aluminum Coping. All wood blocking shallbe covered with one play impregnated felt, nailed in place. 1. Aluminum Coping. Nail continuous hold down strips at 6 inches o.c.; hood over hold down strip and set in flashing cement and secure back flange by using neoprene gasketed screws at 12 inches apart. 2. Butt Joints. Fasten subflashing and cover plate as detailed, center over butt joint. Caulk with sealant, all butt joints. 112-3.8 CAULKING AND SEALING. All surfaces of joints shall be thoroughly cleaned and must be dry prior to application of sealing compound. Protective coating such as lacquers, rust -preventing coatings, oil or wax film, etc. must be removed from ah.mi^_•un or other metal surfaces and solvents wiped dry. Concrete, mortar joints, etc. shall be brushed clean and all loose particles removed. Joints shall be primed as recommended by the manufacturer of the sealing compound used and allowed to become dry before sealing is applied. All joints requiring sealing shall receive same preparatory treatment whether indicated on drawings or not. Prior to start of sealing, inspect all joints and report all defects to Engineer. Starting of sealing constitutes 1/90 SP L-112-16 1 acceptance of joints to be sealed. Joints shall be a minimum of 1/4" deep unless shown otherwise. Depth of joint equal to width up to 1/2". Joints 1/2 to 1 wide, 1/2 deep or deeper, install backup material to within 1/2 of face of adjoining surfaces. iApply masking tape to concrete and masonry each side of joint to protect the surfaces from excess compound. Tape shall be removed as soon as possible after joint is sealed and tooled and before compound begins to set. Application shall be made in strict accordance with the recommendations of the manufacturer of the sealant used, to produce a non -staining caulking job. In general, application shall be made with gun with proper sizes of nozzles to fit joints. Sealant shall be applied with sufficient pressure to fill the joints completely. No sealing shall be applied when temperature is under 40 degrees F. Install backer rod at proper depth in joint to provide caulking dimensions as detailed. Backer rod shall be of suitable size and shape to fit into joint when compressed to 50%. Where sufficient space for backer rod does not exist, bond breaker tape shall be installed in joint. Prime surfaces where required with primer recommended by manufacturer of compound used. All caulked joints shall be tooled as sealant is applied, to provide neat appearance. All joints shall be left without holes, cracks, sags or other imperfections, neatly finished against adjoining surfaces and left smooth and even. All joints improperly caulked or failing shall be completely cleaned and recaulked. Failure cousidered as leakage, hardening, cracking, crumbling, shrinking, running or sagging of compound, staining of adjacent surfaces, or any condition not characteristic of the compound used. 112-3.9 DOORS AND FRAMES. Protect doors and frames from damage during shipment and at the site. Store on wood blocking off the floor to prevent damage and rust. Doors and frames damaged or rusted shall be removed from the site and replaced at no additional cost to the Owner. Each door and frame, labeled with metal or plastic tag, indicating location, size, swing and other pertinent information. All labeled conditions shall bear U.L. Label. Hollow metal doors and frames shall be thoroughly cleaned, chemically treated to provide maximum paint adhesion and have one (1) baked -on coat of rust inhibitive primer. Finish surface smooth and free from irregularities and rough spots. All frames stayed in place under carpentry and built-in under masonry. Provide three (3) adjustable ' masonry T -anchors at each jamb, welded anchors at labeled openings. All frames shall be plumb and square and in alignment with other work. All joints between metal and masonry shall be shimmed 1/4 -inch and a 1/4 -inch reveal provided for caulking. All frames shall be back primed with asphalt and H.M. frames are to be filled with grout. 112-3.10 FIELD PAINTING. All surfaces shall be cleaned of dirt and debris and any scratches, cracks 1/90 SP L-112-17 i or other defects shall be filled flush with adjacent surfaces and sanded smooth. Fillers used shall be of an , approved type and shall be dry before painting. All field surfaces prepared for field painting shall have the Engineer's approval before any painting is done. All galvanized surfaces shall first be coated with approved galvanized primer. All other prime coats, undercoats and filler coats shall be tinted to approximate color of final coats to assure uniformity of color in the finish. All field painting shall be under the direct and complete control of the Engineer and only skilled painters shall be used in the work. All paint shall be applied in accordance with the manufacturer's recommendations and as directed. Film thickness of applied paint shall be at least equal to the value determined by the number of coats multiplied by the thickness per coat as recommended by the manufacturer for specific paint products. If other paint products are approved, the thickness per coat shall be as determined by the Engineer. A film thickness indicator will be used by the Engineer to determine compliance with the specifications. When field coats of paint are to be applied to shop painted or shop primed surfaces, care shall be taken to ensure that only compatible paints are used. All materials shall be brush painted unless spray painting is specifically and approved by the Engineer. All surfaces to be painted as well as the atmosphere in which painting is to be done shall be kept warm and dry by heating and ventilating if necessary until each coat of paint has hardened. Any defective paint shall be scraped off and repainted in accordance with the Engineer's directions. Before tinal acceptance of the work, all damaged surfaces of paint shall be cleaned and repainted as directed by the Engineer. In general, aluminum, stainless steel, copper and bronze work shall not be field painted. The Contractor shall, through personal supervision or supervision of a competent superintendent, insure that all work is proceeding properly and is being carried out in accordance with the letter and intent of these Specifications. Galvanized iron pans or pails of adequate capacity shall be used for mixing paints or similar materials. All paints shall be thoroughly stirred before being taken from the containers and all ready -mixed paint shall be applied exactly as received from the manufacturer and no thinner or drier shall be added except as specified, permitted or directed by the Engineer. Successive coats of paint shall be tinted so as to make each coat easily distinguishable from each other with the final undercoat tinted to the approximate shade of the finished coat. All paint shall be at room temperature before applying and no painting shall be done when the temperature is below 50 degrees F, or in dust laden air, or when rain or snow is falling, or during fog or until all traces of moisture have completely disappeared from the surfaces to be painted. Finished surfaces shall not show brush marks or other irregularities. Undercoats shall be thoroughly and uniformly sanded with No. 00 sandpaper or equal to remove defects and provide a smooth even surface. Top and bottom edges of doors scheduled to be painted shall be painted and all exterior trim shall be backprimed before installation. Painting shall be continuous and shall be accomplished in an orderly manner so as to facilitate inspection. Materials subject to weathering shall be prime coated as quickly as possible. Surfaces of exposed members that will be inaccessible after erection shall be cleaned and painted before erection. 1/90 SP L-112-18 112-3.11 WATER REPELLENT COATING FOR MASONRY AND CONCRETE. Masonry shall be cured a minimum of 60 days and joint sealants must be cured prior to applying coating. All surfaces shall be thoroughly cleaned of all efflorescence, oil and loose matter. Masonry shall be scrubbed, rinsed and ' dried prior to applying coating. Coating shall be applied in two uniform coats. 112-3.12 EPDXY FINISHES. All surfaces prepared for field coating shall have the Engineer's approval before any epoxy finishes are applied. All surfaces shall be clean and sound,and shall be free of dirt, dust, loose concrete, curing compounds, impregnations and other foreign materials. Concrete surfaces shall be cured and prepared by a light sandblasting or etching with a 10% solution of hydrochloric (muriatic) acid, depending on the type of material used. Where acid etching is used, the Contractor shall consult the manufacturer's instructions for the procedures of etching, neutralizing, and washing the concrete prior to applying the epoxy material. All honeycombs, pinholes and other surface irregularities shall be patched in accordance with the Engineer's instructions and other applicable Specifications before application of the coating. Porous concrete block work to receive an epoxy finish shall be given one coat of approved block filler and ' sealer prior to the epoxy finish. On metal surfaces, the first coat or primer shall be as specified by the manufacturer of the epoxy finish and shall be applied as per the manufacturer's instructions and procedures. All epoxy finish work shall be under the direct and complete control of the Engineer, and only skilled tradesman with professional equipment shall be used in the work. All interior concrete walls and floors and concrete blocks walls in building structures shall receive a two (2) coat application of an epoxy protective coating where shown or specified. The coating shall be mixed and applied in accordance with the manufacturer's instructions and shall contain no solvents, thinners, fillers, or other dilutents. Only brush or roller shall be used unless written approval for spraying is obtained by the Engineer after Contractor has contacted manufacturer on spray procedures. The manufacturer's recommendations concerning cleaning of equipment, minimum and maximum temperature for applications, time intervals between recoating, the cleaning of equipment, and pot life length for mixed batches shall be strictly followed by the Contractor. Any defective work shall be corrected by the Contractor at his own expense. Epoxy coating shall be continuous and shall be accomplished in an orderly manner so as to facilitate inspection. Materials subject to weathering shall be prime coated as quickly as possible. Surfaces of exposed members that will be inaccessible after erection shall be cleaned and coated before erection. The Contractor shall, through personal supervision or supervision of a competent superintendent, insure that all work is proceeding properly and is being carried out in accordance with the letter and intent of ' these Specifications. The components of epoxy finishes contain hazardous material and applicators should follow the manufacturer's precautions. All materials are to be applied in accordance with OSHA Regulation.:. Provide all scaffolding, staging, etc., required to properly execute the work. If moving of scaffolding is required to permit erection of other work, do so at no additional expense to the Owner. The starting of epoxy coating work shall constitute an acceptance of all base work. Finish on shop and prime coats shall constitute acceptance of all improper shop and prime coat work not reported to the Engineer before beginning work. 1/90 SP L-112-19 Protect all finished materials and surfaces from spatter and drippings of materials applied under this section using drop cloths, masking tape and other means as required. Clean all epoxy coating residue from all surfaces defaced by materials applied under this section. Before final acceptance of the work, all damaged surfaces of coating shall be cleaned and recoated as , directed by the Engineer, and in accordance with the recommendations of the manufacturer. Keep all rooms and spaces free from oily rags, waste and debris. All empty cans shall be removed from the site. Plumbing fixtures and drains shall not be used for disposal of any of the epoxy coating materials. 112-3.13 MECHANICAL WORK. The Contractor shall be responsible for the supervision of installation and calibration of the controls and instrumentation. Check and verify location of thermostats and other exposed control sensors with plans and room details before installation. Locate thermostats 54 inches above floor, unless otherwise shown. Provide for complete service of control systems, including call-backs, for one year running concurrent with connection period. Instruct operating personnel on control system operation after completion. Do not operate fans for any purpose until ductwork is clean, bearings lubricated, and fan has been test run under observation. Install fans as indicated with resilient mountings and flexible electrical leads. Install flexible connections specified between fan inlet and discharge ductwork. Ensure metal bands of connectors are parallel with minimum one inch flex between ductwork and fan while running. ' Provide sheaves required for final air balance. Ductwork shall be installed to present a neat, workmanlike appearance and be straight, plumb or level as location requires. Unless otherwise shown, avoid diagonal runs wherever possible. Locate ducts with sufficient space around equipment to allow normal operating and maintenance activities. A. Reinforcing and Stiffening. In compliance with applicable section of SMACNA Duct Manual. Provide supplementary ductwork stiffening as required to prevent drumming and to produce structurally sound assembly. Construct, brace and support ducts to prevent any appreciable sag, "breathing" or vibration when operating fan. Ductwork, joints, connections, bracing, supports and other details not listed in these Specifications , or indicated on the Drawings shall comply with the current issue of the SMACNA Metal and Flexible HVAC Duct Construction Standards. Provide access doors in ductwork for inspection and maintenance as required or shown. Arrange access door swings so that fan static pressure holds door in closed position. During construction provide temporary closures of metal or taped polyethylene on open ductwork to prevent construction dust from entering ductwork system. 1/90 SP L-112-20 Support ductwork from structure with hangers each side of duct in accordance with the SMACNA Metal and Flexible HVAC Duct Construction Standards. Space maximum 8 feet o.c. not more than 5 feet from any turn or branch. B. Securing Hangers to Rectangular Duct. Extend hangers down full size of duct and 3 inches across bottom. Fasten in 2 places on side of dud and 1 place at bottom. Secure by bolts or No. 10 sheet metal screws. ' Use double nuts and lock washers on threaded rod supports. Install ductwork accessories in accordance with manufacturer's instructions. 1 1 11 1 Provide flexible connections at each fan intake and discharge immediately adjacent to equipment in ducts associated with fans and immediately adjacent to motorized equipment. Provide duct access doors for inspection and cleaning before and after fans, automatic dampers and elsewhere as required. Provide minimum 8 x 8 inch size for hand access, 18 x 18 inch size for shoulder access, and as indicated. Provide duct test holes where indicated and required for testing and balancing purposes. Total system balance shall be performed in accordance with NEBB Procedural Standards for Testing, Balancing and Adjusting of Environmental Systems. Vary total system air quantities by adjustment of fah speeds. Provide drive changes requires. Measure total pressure across the fan. 1124 METHOD OF MEASUREMENT. 1124.1 The quantity for construction of the electrical building to be paid for under this item shall consist of all building construction including all site grading, excavation, access road construction, restoration of surfaces, all related mechanical and plumbing work, and all work below grade accepted as a completed unit as shown on the Contract Drawings and specified herein. 112-5 BASIS OF PAYMENT. 112-5.1 Payment will be made on a lump sum basis for the completed and accepted electrical building. This price shall be full compensation for furnishing all materials and for all preparation, assembly and installation of these materials and for all labor, equipment, tools and incidentals necessary to complete this item. Payment will be made under: 1/90 Item L-112-5.1 - Electrical Building - Luml, Sum END OF ITEM SP L-112-21 ITEM L-115 ELECTRICAL MANHOLES AND PULL BOXES 115-1 DESCRIPTION. I 115-1.1 This item shall consist of electrical manholes and pull boxes installed in accordance with these Specifications, at the specified locations and conforming to the lines, grades and dimensions shown on the Plans or required by the Engineer. This item shall include the installation of each electrical manhole or pull box with all associated excavation, backfilling, sheeting and bracing, concrete, reinforcing steel, ladders, appurtenances, testing, dewatering and restoration of surfaces to the satisfaction of the Engineer. 115-2 MATERIALS. 115-2.1 PRECAST CONCRETE STRUCTURES. Precast concrete structures shall conform to the details and dimensions shown on the Contract Drawings. Precast concrete structures shall be an approved standard design of the manufacturer, except as modified herein. Minimum comprehensive strength of the concrete shall be 4,000 psi and the structure shall be reinforced to withstand H-20 loading unless otherwise specified on the contract drawings. Openings or knockouts shall be provided in the structure as detailed on the PI -ins. Threaded inserts and pulling eyes shall be cast in as shown. , 115-2.2 MORTAR. The mortar shall be composed of -)ne part of portland cement and two parts of mortar sand, by volume. The portland cement shall conform to the requirements of ASTM C 150, Type I. The sand shall conform to the requirements of ASTM C 144. Hydrated lime may be added to the mixture of sand and cement in an amount not to exceed 15 percent of the weight of cement used. The hydrated lime shall meet the requirements of ASTM C 6. The water shall be clean and free of deleterious amounts of acid, alkalies or organic material. If the water is of questionable quality, it shall be tested in accordance with AASHTO T-26. 115-2.3 CONCRETE. Plain and reinforced concrete used in structures shall conform to the requirements of Item P-610. 115-2.4 FRAMES AND COVERS. The frames shall conform to one of the following requirements: A. Gray iron castings shall meet the requirements of ASTM A 48. 1 B. Malleable iron castings shall meet the requirements of ASTM A 47. 1 C. Steel castings shall meet the requirements of ASTM A 27. D. Structural steel for frames shall conform to the requirements of ASTM A-283, Grade D. Covers shall be high strength aluminum with a design load of 225 psi. a All castings or structural steel units shall conform to the dimensions shown on the plans and shall be designed to support the loadings specified. 1/90 SP L-115-1 Each frame and cover unit shall be provided with fastening members to prevent it from being dislodged by traffic, but which will allow easy removal for access to the structure. All castings shall be thoroughly cleaned and given two coats of approved bituminous paint. After fabrication, structural steel units shall be galvanized to meet the requirements of ASTM A 123. The covers shall consist of four pieces, aluminum, hinged and shall have the word "ELECTRIC" or other approved designation cast on one piece. Each frame and cover shall be as specified on the contract drawings or approved equal. No cable notches are required. 115-2.5 LADDERS. Ladders shall be galvanized steel and shall be as shown on the Contract Drawings. 115-2.6 REINFORCING STEEL. All reinforcing steel shall be deformed bars of new billet steel meeting the requirements of ASTM A 615, Grade 60. 115-2.7 LINING. Lining shall conform to the requirements of Item P-158. 115-2.8 CABLE TRAYS. Cable trays shall be of aluminum and shall have aluminum brackets. Cable trays shall be located as shown on the Contract Drawings. 115-2.9 PLASTIC DUCTS. Plastic ducts shall comply with Item L-110 - Installation of Airport Underground Electrical Duct. ' 115-3 SUBMITTALS AND CERTIFICATIONS 115-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", Catalogue Data" and "Certifications" for review shall be submitted in accoi dance with appropriate sections of the General ' Provisions. Submittals and Certifications required are as follows: - Certifications and Concrete Mix Design submittals in accordance with Item P-610. ' -Catalogue data and certifications that frames and covers meet the requirements specified. Catalogue data and certification that ladders meet the requirements specified. - Certification that reinforcing steel meets the requirements specified. Catalogue data showing that cable trays meet the requirements specified. Catalogue data showing that plastic duct meets the requirements specified. - Submittal of Strength Design Calculations, Shop Drawings and Certifications for Pre -cast units. Shop Drawings when structure to be built is at variance with plans. 115-4 CONSTRUCTION METHODS. 1154.1 UNCLASSIFIED EXCAVATION. A. The Contractor shall do all excavation for structures and structure footings to the lines and grades or elevations shown on the Plans or as staked by the Engineer. The excavation shall be of sufficient size to permit the placing of the full width and length of the structure or structure :ootings shown. The elevations of the bottoms of footings as shown on the Plans shall be considered as approximately only and the Engineer may order, in writing, changes in dimensions or elevations of footings necessary to secure a satisfactory foundation. ' . B. Boulders, logs or any other objectionable material encountered in excavation shall be removed. All rock or other hard foundation material shall be cleaned of all loose material and cut to a firm surface either level, stepped or serrated, as directed by the Engineer. All seams or crevices disinte- grated rock and thin strata shall be removed. When concrete is to rest on a surface other than 1/90 SP L-115-2 F -I L 1� rock, special care shall be taken not to disturb the bottom of the excavation and excavation to final grade shall not be made until just before the concrete or reinforcing is to be placed. C. The Contractor shall do all bracing, sheeting or shoring necessary to implement and protect the excavation and the structure as required for safety or conformance to governing laws. The cost of bracing, sheeting or shoring shall be included in the unit price bid for the structure. All trench bracing, sheeting and shoring shall be in accordance with the Sheeting and Bracing section of the General Provisions. D. Unless otherwise provided, bracing, sheeting and shoring involved in the construction of this item shall be removed by the Contractor after the completion of the structure. Removal shall be effected in a manner which will not disturb or mar finished masonry. The cost of removal shall ' be included in the unit price bid for the structure. E. After each excavation is completed, the Contractor shall notify the Engineer to that effect and the structures shall be placed after the Engineer has approved the depth of the excavation and the character of the foundation material. 1154.2 CONCRETE STRUCTURES. Concrete structures shall be built on prepared foundations conforming to the dimensions and form indicated on the Plans. The concrete and construction methods shall conform to the requirements specified in Item P- 610. Any reinforcement required shall be placed as indicated on the Plans and shall be approved by the Engineer before the concrete is poured. 1154.3 PLACEMENT AND TREATMENT OF CASTINGS, FRAMES AND FITTINGS. All castings, frames and fittings shall be placed in the positions indicated on the Plans or as directed by the Engineer and shall be set true to line and to correct elevation. If frames or fittings are to be set in concrete or cement mortar, all anchors or bol s shall be in place and position before the concrete or mortar is placed. The unit shall not be disturbed until the mortar or concrete has set. , After the frac ies or fittings have been set in final position and the concrete or mortar has been allowed to harden for seven (T) days, then the covers shall be placed and fastened down. 1154.4 INSTALLATION OF LADDERS. Ladders shall be installed such that they may be removed if necessary. Mounting brackets shall be supplied top and bottom and shall be cast in place during fabrication of the structure or drilled and grouted in place after erection of the structure. 1154.5 REMOVAL OF SHEETING AND BRACING. In general, all sheeting and bracing used to support the sides of trenches or other open excavations shall be withdrawn as the trenches or other open excavations are being refilled. That portion of the sheeting extending below the top of a structure shall be withdrawn, unless otherwise directed, before more than six (6) inches of material is placed above the top of the structure and before any bracing is removed. Voids left by the sheeting shall be carefully refilled with selected material and rammed tight with tools especially adapted for the purpose or otherwise as may be approved. The Engineer may order the Contractor to delay the removal of sheeting and bracing if, in his judgment, the installed work has not attained the necessary strength to permit placing of backfill. 1154.6 BACKFILLING. After a structure has been completed, the area around it shall be backfilled in horizontal layers not to exceed 6 inches in thickness measured after compaction to 90% of ASTM D-698. Each layer shall be deposited all around the structure to approximately the same elevation. The top of the fill shall meet the elevation shown on the plans or as directed by the Engineer. , Backfilling shall not be placed against any structure until permission is given by the Engineer. In the case of concrete, such permission shall not be given until tests made by the laboratory under supervision of the 1/90 SP L-115-3 ' i 115-6 BASIS OF PAYMENT. 115-6.1 The accepted quantity of electrical manholes and pull boxes will be paid for at the Contract unit price per each, complete and in place. This price shall be full compensation for furnishing all materials and for all preparation, excavation, backfilling and placing of the materials, furnishing and installation of such specials and connections to ducts and other structures as may be required to complete the item as shown on the Plans and for all labor, equipment, tools and incidentals necessary to complete the structure. Ir l L� ' 1/90 SP L-115-4 Engineer establish that the concrete has attained sufficient strength to provide a factor of safety against damage or strain in withstanding any pressure created by the backfill or the methods used in placing it. Where required, the Engineer may direct the Contractor to add, at his own expense, sufficient water during compaction to assure a complete consolidation of the backfill. The Contractor shall be responsible for all damage or injury done to ducts, structures, property or persons due to improper placing or compacting of backfill. 1154.7 CLEANING AND RESTORATION OF SITE. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt and rubbish from the site. The Contractor shall restore all disturbed areas equal to or better than their original condition. After all work is completed, the Contractor shall remove all tools and other equipment, leaving the entire ' site free, clear and in good condition. 1154.8 INSPECTION. Prior to final approval of the electrical manholes, the Engineer, accompanied by the Contractor's representative, shall make a thorough inspection, by an appropriate method, of the entire installation. Any indication of defects in material or workmanship shall be further investigated and corrected. Defects due to the Contractor's negligence shall be corrected by the Contractor without additional compensation and as directed by the Engineer. ' 1154.9 REMOVAL OF WATER. Removal of water, if encountered, shall be in accordance with the Removal of Water section of the General Provisions. Performance of the work described in this section is not payable directly, but shall be considered as a subsidiary obligation of the Contractor and included in the Contract price for the pay items of work involved. 1154.10 FULL BOX REINSTALLATION. Pull boxes as indicated on the plans shall be reinstalled to the satisfaction of the Engineer. The pull boxes shall be installed in a vertical position with rim elevation to match existing grade. Backfill shall be provided as required for the installation. ' 115-5 METHOD OF MEASUREMENT. 115-5.1 Electrical manholes and pull boxes shall be measured by each unit completed in place and accepted. The following additional items are specifically included in each unit. - All Required Excavation - Sheeting and Bracing - All Required Backfilling With On -Site Materials Restoration of All Surfaces - All Required Connections Dewatering If Required Temporary Cables and Connections 115-6 BASIS OF PAYMENT. 115-6.1 The accepted quantity of electrical manholes and pull boxes will be paid for at the Contract unit price per each, complete and in place. This price shall be full compensation for furnishing all materials and for all preparation, excavation, backfilling and placing of the materials, furnishing and installation of such specials and connections to ducts and other structures as may be required to complete the item as shown on the Plans and for all labor, equipment, tools and incidentals necessary to complete the structure. Ir l L� ' 1/90 SP L-115-4 Payment will be made under: Item L-115-6.1 - Electrical Manhole No. 1- Per Each Item L-115-6.1 - Pull Box Reinstallation - Per Each END OF ITEM 1/90 SP L-115-5 U ITEM L-125 INSTALLATION OF AIRPORT LIGATING AND NAVIGATIONAL SYSTEMS 125-1 DESCRIPTION. ' 125-1.1 This item shall consist of airport lighting and navigational systems furnished and installed, modified or rehabilitated in accordance with this Specification, the referenced Specification and the applicable Advisory Circulars. The systems shall be installed at the location and in accordance with the dimensions, design, and details shown in the Plans. This item shall include all excavation, backfilling, and restoration of surfaces and the furnishing of all equipment, materials, services, and incidentals necessary to place the systems in operation as completed units to the satisfaction of the Engineer. 125-1.2 Additional details pertaining to a specific system covered in this item are contained in the Advisory Circulars listed in paragraphs 125-1.3 through 125-1.7. 125-1.3 AC 150/5340-4, Installation Details for Runway Centerline and Touchdown Zone Lighting Systems. 125-1.4 AC 150/5340-14, Economy Approach Lighting Aids. i125-1.5 AC 150/5340-18, Taxiway Guidance Sign System. 125-1.6 AC 150/5340-21, Airport Miscellaneous Lighting Visual Aids. 125-1.7 AC 150/5340-24, Runway and Taxiway Edge Lighting System. 125-2 EQUIPMENT AND MATERIALS. 125-2.1 GENERAL. A. Airport lighting equipment and materials covered by Federal Aviation Administration Specifications shall have the prior approval of the Federal Aviation Administration, Airports Service, Washington, D.C. 20591 and shall be listed in Advisory Circular 150/5345-1, Approved Airport Lighting Equipment, latest edition. B. All other equipment and materials covered by other referenced Specifications shall be subject to acceptance through the manufacturer's certification of compliance with the applicable Specifications. C. Lists of the equipment and materials required for a particular system are contained in the ' applicable Advisory Circulars. 125-2.2 TAPE. Rubber and plastic electrical tapes shall be Scotch Electrical Tape Numbers 23 and 88, respectively, as manufactured by the Minnesota Mining and Manufacturing Company, or an approved equal. 125-2.3 CONCRETE. Concrete shall be in accordance with the New York State Department of Transportation Standard Specifications, latest issue, plus all revisions and addenda pertaining thereto, Section 555-2. Unless otherwise shown on the Plans, the concrete shall be Class A, with a maximum permissible slump of 31/2 inches. Cement shall be Portland cement Type I or Type II. ' 125-2.4 CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Federal 12/90 SP L-125-1 Specification WW -C-581. , 125-2.5 PVC COATED RIGID GALVANIZED STEEL. Conduit shall be in accordance with Federal Specification WW -2-581, prior to plastic coating. Coating shall be 0.040 -inch PVC factory applied, meeting , NEMA Standard No. RN1-1980 (Type 40). Fittings shall have same treatment. Conduits and fittings shall be threaded. 125-2.6 POWER ADAPTER. Power adapters for navigational systems shall operate on an input of 2.8 , to 6.6 amps, 60 Hz with an output of 120/240 VAC ±3% over entire input range. Maximum power output shall be 670 VA. Adapter shall be of water tight construction for direct earth burial. 125-2.7 Squeeze connectors, ifq SQUEEZE CONNECTORS. S specified, shall be equal to Crouse -Hinds Q Company, Type CGB cable connector with neoprene rubber bushing. Company No. ET- 43. 125-2.8 TEES. Large radius bend tees, if specified, shall be equal to Crouse -Hinds 125-2.9 LANDSCAPE FABRIC. The fabric shall be a non -woven continuous filament fiber fabric recommended by the manufacturer for use as a landscape fabric and having the following properties: Grab Strength 70 lbs. (Min.) Grab Elongation 70% (Min.) Trapezoidal Tear 25 lbs. (Min.) Puncture Strength 20 lbs. (Min.) Coefficient of Permeability (K) 0.07 cm/sec (Min.) 125-2.10 AGGREGATE. The aggregate shall meet the requirements for NYSDOT, Item 703-0201, Crushed Stone, Size 1. ' 125-3 SUBMITTALS AND CERTIFICATIONS. 125-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and ' "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: - Catalogue Data and certification that each type of Airport lighting equipment meets the ' requirements specified - Catalogue Data and certification that other equipment meets the requirements specified - Catalogue Data for tape - NYSDOT Approved Concrete Mix Design - Catalogue Data and certification showing that conduit meets the requirements specified - Catalogue Data for squeeze connectors - Catalogue Data for large radius bend tees 1254 CONSTRUCTION METHODS. 1254.1 GENERAL. The installation and testing details for the systems shall be as specified in the applicable Advisory Circulars and as shown on the 11-ir." or directed by the Engineer. 1254.2 EXCAVATION. All excavation shall be considered unclassified excavation. Unclassified excavation shall consist of the excavation of all material, regardless of its nature and the disposal of all such material as directed by the Engineer. A. The Contractor shall do all excavation for airport lighting and navigational system installations to the lines and grades or elevations shown on the Plans or as directed by the Engineer. The 12/90 SP L-125-2 1254.4 PLACING LIGHTS, SIGNS AND NAVIGATIONAL SYSTEM. The lighting or navigational systems shall be installed at the approximate location indicated in the Plans. The exact location shall be as directed by the Engineer. The lighting or navigational systems shall be installed in accordance with the ' Plans and the manufacturer's recommendations. 12545 FIELD MOUNTED DISCONNECTS AND TRANSFORMERS. The Contractor shall provide and install field mounted disconnects and transformers at the locations and in accordance with the details shown on the Contract Drawings. The disconnect and transformer installations shall be considered part of the lighting or navigation system installations. No payment will be made separately or directly for this installation, all field disconnect and transformer installations will be considered part of the work of the ' lighting or navigational system installation and the cost shall be considered by the Contractor and included in the contract unit price for the specific system installation. 1254.6 CABLE INSTALLATION. All necessary cable installation required for installation of the navigational or lighting systems shall be in accordance with Item L-108. All required cable installation from the field disconnect/transformer to the navigation or lighting system shall be considered part of the work of system installation and the cost ,hall be considered by the Contractor and included in the contract unit ' price for the specific system ;-i.,callation. 1254.7 OBSTRUCTION LIGHT SYSTEM REHABILITATION. The Contractor shall excavate around the existing pull box and reinstall in the same location to a vertical position. The Contractor shall also reinstall the frame and cover. Payment will be made under Item L-115. ' The Contractor shall reinstall or replace the existing 2 inch rigid steel conduit and fittings as shown on the 12/90 SP L-125-3 excavation shall be of sufficient size to permit the placing of the airport lighting or navigational system. B. Boulders, logs or any other objectionable material encountered in excavation shall be removed. All rock or other hard foundation material shall be cleaned of all loose material and cut to a firm surface either level, stepped or serrated, as directed by the Engineer. All seams or crevices shall be cleaned out and grouted. All loose and disintegrated rock and thin strata shall be removed. ' When concrete is to rest on a surface other than rock, special care shall be taken not to disturb the bottom of the excavation and excavation to final grade shall not be made until just before the ' concrete or reinforcing is to be placed. C. The Contractor shall do all bracing, sheeting or shoring necessary to implement and protect the excavation and the structure as required for safety or conformance to governing laws. The cost of bracing, sheeting or shoring shall be included in the unit price bid for the structure. All trench bracing, sheeting and shoring shall be in accordance with the Sheeting and Bracing section of the General Provisions. D. Unless otherwise provided, bracing, sheeting and shoring involved in the construction of this item shall be removed by the contractor after the completion of the structure. Removal shall be effected in a manner which will not disturb or mar finished masonry. The cost of removal shall be included ' in the unit bid for that item. 1254.3 BACKFILLING. Backfilling around structures shall not be commenced until directed by the Engineer. Backfill evenly and simultaneously on both sides of foundation walls in 6. inch lifts. All structures shall be backfilled to the lines and grades shown on the Plans, or as required for proper operation of the lighting or navigation system and as directed by the Engineer. If the previously excavated material is unsuitable for backfill, or if additional suitable fill is required for backfill, the Contractor shall provide suitable backfill. All borrow materials shall be approved in advance by the Engineer. No direct payment will be made for borrow material or its placement. 1254.4 PLACING LIGHTS, SIGNS AND NAVIGATIONAL SYSTEM. The lighting or navigational systems shall be installed at the approximate location indicated in the Plans. The exact location shall be as directed by the Engineer. The lighting or navigational systems shall be installed in accordance with the ' Plans and the manufacturer's recommendations. 12545 FIELD MOUNTED DISCONNECTS AND TRANSFORMERS. The Contractor shall provide and install field mounted disconnects and transformers at the locations and in accordance with the details shown on the Contract Drawings. The disconnect and transformer installations shall be considered part of the lighting or navigation system installations. No payment will be made separately or directly for this installation, all field disconnect and transformer installations will be considered part of the work of the ' lighting or navigational system installation and the cost shall be considered by the Contractor and included in the contract unit price for the specific system installation. 1254.6 CABLE INSTALLATION. All necessary cable installation required for installation of the navigational or lighting systems shall be in accordance with Item L-108. All required cable installation from the field disconnect/transformer to the navigation or lighting system shall be considered part of the work of system installation and the cost ,hall be considered by the Contractor and included in the contract unit ' price for the specific system ;-i.,callation. 1254.7 OBSTRUCTION LIGHT SYSTEM REHABILITATION. The Contractor shall excavate around the existing pull box and reinstall in the same location to a vertical position. The Contractor shall also reinstall the frame and cover. Payment will be made under Item L-115. ' The Contractor shall reinstall or replace the existing 2 inch rigid steel conduit and fittings as shown on the 12/90 SP L-125-3 1 plans or as required in accordance with Item L-110, Installation of Airport Underground Electrical Duct. I Payment will be made under Item L-110. The Contractor shall replace all damaged cable and counterpoise wire as required. All work shall be in , accordance with Item L-108, Installation of Underground Cable for Airports. Payment will be made under Item L-108. 1254.8 RESTORATION. Surfaces disturbed as a result of the lighting or navigational system installation ' shall be restored upon completion of the installation. Turfed areas shall be reinstalled in accordance with Item T-902. Restoration shall include excavation and replacement of existing pavement as shown on the plans. t 125-5 METHOD OF MEASUREMENT. 125-5.1 The quantity of lights, signs, and navigational system to be paid for under this item shall be the , number of each type installed as completed units in place, ready for operation and accepted by the Engineer. 125-5.2 Measurement for removal of existing lights or navigational system will be made on a Lump Sum , basis and shall include the removal of all lights or navigational systems as indicated on the plans or as directed by the Engineer. , 125-6 BASIS OF PAYMENT. 125-6.1 Payment will be made at the Contract unit or lump sum price for each complete light, sign, or ' navigational unit or system installed in place by the Contractor and accepted by the Engineer. This price shall be full compensation for all excavation backfilling anc surface restoration, furnishing of all materials and for all preparation, assembly and installation of these materials and for all labor, equipment, tools and incidentals necessary to complete this item. This item shall also include the field transformer and disconnect installations and all require(. cable and conduit placement from the field transformer/disconnect to and between the navigational systems. , 125-6.2 Payment will be made at the Contract lump sum price for the complete removal of all light or navigational systems as indicated on the plans or as directed by the Engineer. This price shall be full compensation for all excavation and backfilling, restoration of surfaces, furnishing all materials and for all ' preparation disassembly, and for all labor, equipment, tools and incidentals necessary to complete this item. Payment will be made under: Item L-125-6.1 - Medium Intensity Runway Edge Light, Base Mounted In Pavement - Per Each Item L-125-6.1 - Runway 25 Threshold Lights - Lump Sum Item L-125-6.1 - Airport Guidance Sign No. R-2-5, Base Mounted In Pavement - Lump Sum ' Item L-125-6.1 - Airport Guidance Sign No. R-2-19, Base Mounted In Pavement - Lump Sum Item L-125-6.1 - Airport Guidance Sign No. R-1-3, Base Mounted In Turf - Lump Sum Item L-125-6.1 - Airport Guidance Sign No. R-1-19, Base Mounted In Turf - Lump Sum Item L-125-6.1 - Runway End Identification Light (REIL) System, Runway 7 End - Lump Sum Itr-n L-125-6.1 - Runway End Identification Light (REIT,) System, Runway 25 End - Lump Sum item L-125-6.1 - Runway End Identification Light (REIL) System, Runway 12 End - Lump Sum Item L-125-6.1 - Runway End Identification Light (REIL) System, Runway 30 End - Lump Sum , Item L-125-6.1 - Generic Visual Approach Descent Indicator System, Runway 7 - Lump Sum Item L-125-6.1 Generic Visual Approach Descent Indicator System, Runway 25 Lump Sum Item L-125-6.1 - Generic Visual Approach Descent Indicator System, Runway 12 - Lump Sum Item L-125-6.1 Generic Visual Approach Descent Indicator System, Runway 30 Lump Sum Item L-125-6.2 - Removal of Existing Runway Edge Lights - Lump Sum ' 12/90 SP L-125-4 FEDERAL SPECIFICATION REFERENCED IN ITEM L-125 Number Title WW -C-581 Conduit, Metal Rigid; and Coupling, Elbow; and Nipple, Electrical Conduit: Zinc - coated. Number AC 150/5340-4 AC 150/5340-14 AC 150/5340-18 AC 150/5340-24 AC 150/5345-1 AC 150/5345-42 AC 150/5345-44 FAA SPECIFICATIONS REFERENCED IN ITEM L-125 Title Installation Details for Centerline and Touchdown Zone Lighting Systems. Economy Approach Lighting Aids. Taxiway Guidance Sign System. Runway and Taxiway Edge Lighting System. Approved Airport Lighting Equipment. FAA Specification L-857, Airport Light Bases, Transformer Housing and Junction Boxes. Specification for Taxiway and Runway Signs. END OF ITEM 12/90 SP L-125-5 ITEM M•100 ' MAINTENANCE AND PROTECTION OF TRAFFIC ' 100-1 DESCRIPTION ' 100-1.1 GENERAL. This work shall consist of maintaining aircraft and vehicular traffic and protecting the public from damage to person and property within the limits of and for the duration of the Contract. ' The requirements of Section 619, as specified in the New York State Department of Transportation Standard Specifications latest issue, plus all revisions and addenda pertaining thereto, shall apply with the following modifications and/or revisions as described below. , The following additional items are specifically included without limiting the generality implied by these Specifications and the Contract Drawings. ' Restoration of all surfaces disturbed as a result of the Contractor's Operations. Installation, maintenance and removal of temporary barricades, warning signs and hazard ' markings. - Installation, maintenance and removal of temporary lights and lighting circuits. , - Testing and maintenance of existing and new lighting circuitry. - Installation, maintenance and removal of barricade lights. , - Cleaning and maintenance of all paved areas. - Opening and closure of Runway 7-25 and 13-30. , 100-2 METHOD OF MEASUREMENT. ' 100-2.1 Payment for maintenance and protection of traffic will be made on a lump sum basis. The lump sum shall include all items required to satisfy this Specification. 100-3 BASIS OF PAYMENT. 100-3.1 The lump sum price bid for maintenance and protection of traffic shall include all equipments, ' materials and labor necessary to adequately and safely maintain and protect traffic. In the event the contract completion date is extended, no additional payment will be made for maintenance ' and protection of traffic. Progress payments will be made for this item in proportion to the total amount of contract work completed, , less any deductions for unsatisfactory maintenance and protection of traffic. No payment will be made under maintenance and protection of traffic for each calendar day during which there are substantial deficiencies in compliance with the Specification requirements of any subsection of this Section as determined by the Engineer. 10/90 SP M-100-1 ' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The amount of such calendar day non-payment will be determined by dividing the lump sum amount bid for maintenance and protection of traffic by the number of calendar days between the date the Contractor commences work and the date of completion as designated in this proposal, without regard to any extension of time. If the Contractor fails to maintain and protect traffic adequately and safely for a period of 24 hours, the Owner shall correct the adverse conditions by any means it deems appropriate and shall deduct the cost of the corrective work from any monies due the Contractor. The cost of this work shall be in addition to the liquidated damages and non-payment for maintenance and protection of traffic listed above. However, where major nonconformance with the requirements of this Specification is noted by the Engineer and prompt Contractor compliance is deemed not to be obtainable, all contract work may be stopped by direct order of the Engineer regardless of whether corrections are made by the Owner as stated in the paragraph above. Payment will be made under: Item M-100-3.1 - Maintenance and Protection of Traffic - Lump Sum 10/90 END OF ITEM SP M-100-2 ITEM M-150 PROJECT SURVEY AND STAKEOUT 150-1 DESCRIPTION. 150-1.1 Under this item, the Contractor shall do all necessary surveying required to construct all elements of the Project as shown on the Contract Drawings and specified in the Proposal and Specifications. This shall include but not be limited to stakeout, layout and elevations for pavements, structures, forms, pile layouts and appurtenances as shown and required, consistent with the current practices and shall be performed by competently qualified personnel acceptable to the Engineer. The stakeout survey shall proceed immediately following the award of the Contract and shall be expeditiously progressed to completion in a manner and at a rate satisfactory to the Engineer. The Contractor shall keep the Engineer fully informed as to the progress of the stakeout survey. All survey work shall be provided under the direction of a licensed land surveyor. 150-2 MATERIALS. 150-2.1 All instruments, equipment, stakes and any other material necessary to perform the work satisfactorily shall be provided by the Contractor. All stakes used shall be of a type approved by the Engineer. It shall be the Contractor's responsibility to maintain these stakes in their proper position and location at all times. 150-3 CONSTRUCTION DETAILS. 150-3.1 The Contractor shall trim trees, brush and other interfering objects, not inconsistent with the Contract Drawings, from survey lines in advance of all survey work to permit accurate and unimpeded work by his stakeout survey crews and the Engineer's cross- section survey crews. The exact position of all work shall be established from control points, baseline transit points or other points of similar nature which are shown on the Contract Drawings and/or modified by the Engineer. Any error, apparent discrepancy or absence in or of data shown or required for accurately accomplishing the stakeout survey shall be referred to the Engineer for interpretation or furnishing when such is observed or required. The Contractor shall place two offset stakes or references at each centerline station and at such intermediate locations as the Engineer may direct. From computations and measurements made by the Contractor, these stakes shall be clearly and legibly marked with the correct centerline station number, offset and cut or fill so as to permit the establishment of the exact centerline location and elevation during construction. If markings become faded or blurred for any reason, the markings shall be restored by the Contractor and at the request of the Engineer. He shall locate and place all cut, fill, slope, fine grade or other stakes and points, as the Engineer may direct, for the proper progress of the work. All control points shall be properly guarded and flagged for easy identification. Drainage structures shall be staked out by the Contractor at the locations ar a elevations shown on the Contract Drawings or specified by the Engineer. Reference points, baselines, stakes and benchmarks for borrow pits shall be established by the Contractor. Permanent survey marker locations shall be established and referenced by the Contractor. F] Li 1 1 1 1 1/90 SP M-150-1 I 1 n ' The Contractor shall be responsible for the accuracy of his work and shall maintain all reference points, stakes, etc., throughout the life of the Contract. Damaged or destroyed points, benchmarks or stakes, or any reference points made inaccessible by the progress of the construction, shall be replaced or transferred by the Contractor. ' Any of the above points which may be destroyed or damaged shall be transferred by the Contractor before they are damaged or destroyed. All control points shall be referenced by ties to acceptable objects and recorded. Any alterations or revisions in the ties shall be so noted and the information furnished to the Engineer ' immediately. All stakeout survey work shall be referenced to the centerlines shown on the Contract Drawings. All computations necessary to establish the exact position of the work from control points shall be made and preserved by the Contractor. All computations, survey notes and other records necessary to accomplish the work, shall be neatly made. Such computations, survey notes and other records shall be made available to the ' \ , Engineer upon request and shall become the property of the Owner and delivered to the Engineer not later than �1 the date of acceptance of the Contract. ' The Engineer may check all or any portion of the stakeout survey work or notes made by the Contractor. Any necessary correction to the work shall be made immediately by the Contractor. Such checking by the Engineer shall not relieve the Contractor of any responsibilities for the accuracy or completeness of his work. I Prior to the final cross-section survey of the Project by the Engineer, the Contractor shall reestablish centerline or baseline points and stationing as required by the Engineer. ' Prior to the final cross-section survey of any borrow pits by the Engineer, the Contractor shall reestablish baseline points and stationing, as well as any necessary benchmarks as required by the Engineer. ' The Contractor will not be required or permitted to take the preconstruction or final cross-sections that are used for payment purposes. During the progress of the construction work, the Contractor will be required to furnish all of the surveying and stakeout incidental to the proper location by line and grade for each phase of the work. For paving and any other operation requiring extreme accuracy, the Contractor will restake with pins or other acceptable hubs located directly adjacent to the work at a spacing directed by the Engineer. ' Any existing stakes, iron pins, survey monuments or other markers defining property lines which may be disturbed during construction shall be properly tied into fixed reference points before being disturbed and accurately reset in their proper position upon completion of the work. ' Just prior to completion of the Contract, the Contractor shall reestablish, if necessary, and retie all control points as permanently as possible and to the satisfaction of the Engineer. 150-4 METHOD OF MEASUREMENT. 1504.1 No direct payment for project survey and stakeout, as the cost shall be considered as a subsidiary obligation in the completion of the various installations. 150-5 BASIS OF PAYMENT. 150-5.1 No payment shall be made separately or directly for this item on any part of the work unless otherwise listed in the various payment items. Project suiver end stakeout will be considered a necessary and ' incidential part of the work and its cost shall be considerer oy the Contractor and included in the contract price for the pay items of work involved. I END OF ITEM ' 1/90 SP M-150-2 1 ITEM M-200 I MOBILIZATION t 200-1 DESCRIPTION. 200-1.1 Under this work the Contractor shall set up his necessary general plant, including shops, storage ' areas, office and such sanitary and other facilities as are required by local or state law or regulation. 200-2 MATERIALS. ' 200-2.1 Such materials as are required for mobilization and that are not to be a part of the completed contract shall be as determined by the Contractor, except that they shall conform to all pertinent local or state law, regulation or code. ' 200-3 CONSTRUCTION DETAILS. ' 200-3.1 The work required to provide the above facilities and services for mobilization shall be done in a safe and workmanlike manner and shall conform with any pertinent local or state law, regulation or code. Good housekeeping consistent with safety shall be maintained. ' 2004 METHOD OF MEASUREMENT. 2004.1 Payment for mobilization will be made on a lump sum basis. ' 200-5 BASIS OF PAYMENT. 200-5.1 THE AMOUNT BID FOR MOBILIZATION FOR THE BASE BID SHALL NOT EXCEED FOUR PERCENT (4%) OF THE BASE BID PRICE, EXCLUDING THE BID PRICE FOR MOBILIZATION. THE AMOUNT BID FOR MOBILIZATION FOR ALTERNATES, OR ALTERNATE ADD-ONS, WHERE A MOBILIZATION ITEM IS LISTED, SHALL NOT EXCEED ' FOUR PERCENT (4%) OF THE TOTAL BID PRICE F('R THAT ALTERNATE, OR THAT ALTERNATE ADD-ON, EXCLUDING THAT ALTERNATE'S BID PRICE FOR MOBILIZATION. SHOULD THE BIDDER EXCEED THE FOREGOING FOUR PERCENT (401b), THE ENGINEER ' WILL MAKE THE NECESSARY ADJUSTMENT TO DETERMINE THE TOTAL AMOUNT BID BASED ON THE ARITHMETICALLY CORRECT PROPOSAL. , The amount bid shall include the furnishing and maintaining of services and facilities noted under 100-1, Description, to the extent and at the time the Contractor deems them necessary for his operations, consistent with the requirements of this work and the respective contract. ' The amount bid shall be payable to the Contractor whenever he shall have completed ten (1001o) percent of the contract work. For the purposes of this item, 10% of the work shall be considered completed when the total of payments earned, as reflected by estimates of work done, not including the amount bid for this ' work, shall exceed 10% of the total amount of the Contractor's bid for this contract. Unless provided for elsewhere, the cost of required insurance and bonds and/or any initiation of the , contract work may be included in this work. Payment will be made under: - - I Item M-200-5.1 - Mobilization - Lump Sum END OF ITEM I 1/90 SP M-200-1 I