Memorial City Hall – 24 South Street – Auburn, New York – 13021
CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF
SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT
PIN 3950.54 LD034841
OCTOBER 2020
Michael D. Quill, Mayor Jeffrey J. Dygert, City Manager William H. Lupien, Jr., P.E., Superintendent of Engineering Services Prepared By: C&S ENGINEERS, INC (315) 455-2000, FAX (315) 455-9667
CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF
SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT
PIN 3950.54 LD034841
OCTOBER 2020 Prepared For Prepared By
DEPARTMENT OF C&S ENGINEERS, INC. ENGINEERING SERVICES 499 Col. Eileen Collins Blvd. Memorial City Hall, 3rd Floor Syracuse, New York - 13212 24 South Street Auburn, NY 13021
WARNING NO ALTERATION PERMITTED HEREIN EXCEPT AS PROVIDED UNDER SECTION 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW
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TABLE OF CONTENTS
Advertisement for Bid ...... 1
Information for Bidders 1. Receipt and Opening of Bids ...... 3 2. Plan Holders List ...... 3 3. Preparation of Bid ...... 3 4. Method of Bidding ...... 3 5. Owner Tax Exempt Status ...... 4 6. Qualifications of Bidder ...... 4 7. Bid Security ...... 4 8. Commencement and Completion ...... 5 9. Liquidated Damages ...... 5 10. Conditions of Work ...... 5 11. Construction Schedule ...... 5 12. Addenda & Interpretations ...... 6 13. Security for Faithful Performance ...... 6 14. Power of Attorney ...... 6 15. Notice of Special Conditions ...... 6 16. Workforce Training ...... 7 17. Laws and Regulations ...... 7 18. Method of Award - Lowest Responsible Bidder ...... 7 19. Obligation of Bidder ...... 7 20. Subsurface Conditions ...... 8 21. Discrepancy in Bids ...... 8 22. Information Not Guaranteed ...... 8 23. Withdrawal of Bids ...... 9 24. Contract Specifications ...... 9 25. Delegation of Authority ...... 10
Bid Documents Project Bid ...... 11 Itemized Proposal ...... 15 Bid Sheets ...... 16-1 Addenda Acknowledgement ...... 17 Bid Bond ...... 19 Similar Work/References ...... 21 Certification For Federal Aid Contracts ...... 23 Iran Divestment Act Certification ...... 24 Non-Collusive Bidding Certifications ...... 25 Certification of Bidder Regarding EEO ...... 33 Bidder’s State on Sexual Harassment ...... 34 Disclosure of Lobbying Activities ...... 35 Offerer Disclosure of Prior Non-Responsibility Determinations ...... 39 Disadvantaged Business Enterprise Utilization Goals ...... 41
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TABLE OF CONTENTS CONTINUED Agreement 1. Contract & Contract Documents ...... 43 2. Work ...... 43 3. Extra Work ...... 43 4. Engineer ...... 43 5. Notice ...... 44 6. Scope of Work ...... 44 7. Commencement of Work ...... 44 8. Time for Completion ...... 44 9. Liquidated Damages ...... 44 10. Extra Work - Increased Compensation ...... 44 11. Certificate of Completion ...... 44 12. Payments ...... 44 13. Representations of Contractor ...... 45 14. Protection of Work & Property ...... 45 15. Owner's Right to Withhold Payments ...... 45 16. Owner's Right to Stop Work or Terminate Contract...... 46 17. All Work Subject to Control of Engineer ...... 46
Acknowledgements Corporation Acknowledgement ...... 51 Partnership Acknowledgement...... 53 Individuals Acknowledgement ...... 55 Corporate Resolution...... 57 Certificate of Owner's Attorney ...... 59
Agreement Bonds & Certificate of Insurance Performance Bond ...... 61 Labor & Materials Bond ...... 63 Insurance Certificate ...... 65
General Conditions Article 1 – Definitions ...... 69 Article 2 – Contract Drawings & Specifications...... 71 Article 3 – Authority of Engineer...... 74 Article 4 – Contractor Status ...... 76 Article 5 – Assignments and Sub-Contracts...... 79 Article 6 – Termination of Contract ...... 80 Article 7 – Payment ...... 81 Article 8 – Time for Completion ...... 84 Article 9 – Subsurface Conditions ...... 88 Article 10 – Insurance and Bonds ...... 89 Article 11 – Prevailing Wage Rates ...... 92 Article 12 – Miscellaneous ...... 93
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TABLE OF CONTENTS CONTINUED
ADDITIONAL CONTRACT REQUIREMENTS Required Contract Provisions for Federal Aid Projects FHWA 1273 ...... 99 Equal Employment Opportunity Requirements ...... 119 Goals for Minority Participation...... 120 Supplemental Title VI Provisions ...... 121
SPECIAL NOTES Utility Coordination...... 125 Environmental ...... 127 Updates, Errata, and Modifications to the NYSDOT Standard Specifications ..... 129 Fuel, Asphalt, & Steel Price Adjustment ...... 131 Owner Requirements for Water Mains and Appurtenances ...... 135 Owner Requirements for Sanitary Sewer Installation...... 139
SPECIAL SPECIFICATIONS ...... 143
WAGE DETERMINATIONS NYS Wage Determination & Debarred List ...... 231 Federal Wage Determination ...... 303
PERMITS Nationwide Permit #3 ...... 321 NYSDOT Highway Work Permit ...... 353
SUPPLEMENTAL INFORMATION The following information can be accessed from the City’s Bid/RFP page on www.auburnny.gov
• Sign Face Layouts • Subsurface Information
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ADVERTISEMENT FOR BIDS
Sealed bids for the SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT, PIN 3950.54 for the City of Auburn will be received at the Engineering Department, Memorial City Hall, 24 South Street, Auburn, New York, until 11:30 a.m. local time, on Tuesday December 1, 2020, and then at said time publicly opened and read in the City Council Chambers.
The project is to reconstruct and widen approximately 2,500 linear feet of South Street from Metcalf Drive south to the City Line. Work includes full depth asphalt pavement reconstruction and widening, new concrete sidewalks, granite curbing, decorative lighting, landscape plantings, closed drainage and storm water management, traffic signal upgrades, replacement of the Wood Brook culvert, installation of a new 12” ductile iron pipe water main, and relocation of existing 8” sanitary sewer.
There will be a non-mandatory remote pre-bid meeting at 10:00 a.m. local time, on Tuesday November 17, 2020. To participate in the remote pre-bid meeting you must be a registered plan holder through the City of Auburn’s Bid/RFP registration system. All registered plan holders who indicate they would like to participate in the remote pre-bid meeting will receive an email to access the meeting by close of business Monday November 16, 2020.
The Bidding and Contract Documents may be obtained through the City of Auburn’s website at www.auburnny.gov, under Bids/RFPs.
Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and prevailing wage rates to be paid under the contract.
This Contract is Federally Funded and has a DBE goal of 5%.
The Owner is an equal opportunity/affirmative action employer and has the following EEO Goals: Minority Participation Goal: 2.5% Women: 6.9%
The Owner reserves the right to waive any informality or to reject any or all bids.
No bidder may withdraw his/her bid within 45 days after the actual date of opening thereof.
END OF ADVERTISEMENT
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INFORMATION FOR BIDDERS
1. RECEIPT AND OPENING OF BIDS
The City of Auburn, (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the Department of Engineering Services, Memorial City Hall, 24 South Street, Auburn, New York, until 11:30 a.m. local time, on Tuesday December 1, 2020, and then at said time publicly opened and read in the City Council Chambers located on the 1st floor of Memorial City Hall.
The envelopes containing the bids must be sealed, addressed to William H. Lupien, Jr., P.E., Superintendent of Engineering Services, and clearly designated as “BID FOR THE SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT, PIN 3950.54”.
There will be a non-mandatory remote pre-bid meeting at 10:00 a.m. local time, on Tuesday November 17, 2020. To participate in the remote pre-bid meeting you must be a registered plan holder through the City of Auburn’s Bid/RFP registration system. All registered plan holders who indicate they would like to participate in the remote pre-bid meeting will receive an email to access the meeting by close of business Monday November 16, 2020.
The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 45 days after the actual date of the opening thereof.
2. PLAN HOLDERS LIST
The Owner will maintain a plan holders list. All bidders accessing the plans via the City’s website at: www.auburnny.gov, under Bids/RFPs, shall enter complete bidder information as requested. Said information will be used by the City to place the bidder on the plan holders list. Submitted bids that were not recorded on the plan holders list shall be considered non- responsive.
3. PREPARATION OF BID
Each bid must be submitted on the prescribed “BID FORM” found on pages 11 through 41. The prospective bidder may substitute the itemized proposal forms found on pages 16-1 to 16-28 with a similar form created from 3rd party bidding software. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures.
Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.
4. METHOD OF BIDDING
The Owner invites the following bid(s): Lump sum/Unit price bids as outlined in the proposal.
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5. OWNER TAX EXEMPT STATUS
The owner is exempt from the payment of sales and compensating use taxes of the State of New York and of cities and counties on all materials, equipment and supplies sold to the Owner pursuant to this Contract. Also exempt from such taxes are purchases by the Contractor and his/her Subcontractors of materials, equipment, and supplies to be sold to the Owner pursuant to this Contract, including tangible personal property to be incorporated in any structure, building or other real property forming part of the Project. These taxes are not to be included in the Bid. The City of Auburns tax ID number is 15-6000403.
6. QUALIFICATIONS OF BIDDER
In determining the qualifications of a bidder, the Owner will consider his/her record in the performance of any contracts for construction work into which he/she may have entered with the Owner, or with public bodies or corporations, and the Owner expressly reserves the right to reject the bid of such bidder if such record discloses that such bidder, in the opinion of the Owner, has not properly performed such contracts or has habitually and without just cause neglected the payment of bills or has otherwise disregarded his/her obligations to sub-contractors, material suppliers or employees. The Owner may make such investigation as he/she deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.
Furthermore, for all electrical contracts or contracts involving portions of electrical construction/reconstruction, it is understood that all contractors and/or their sub-contractors must hold a valid City of Auburn Electrical License at the time of bid. In addition, pursuant to Article V of Chapter 125 of the Municipal Code of the City of Auburn, N.Y., all electrical installations must be inspected by an authorized electrical inspection agency. For a list of current licensed Master Electricians and Authorized Electrical Inspectors, visit the City Code Enforcement Webpage at https://www.auburnny.gov/code-enforcement-office/pages/electrician-info-exam-app- announcement
Furthermore, for all plumbing contracts or contracts involving portions of plumbing construction/reconstruction, it is understood that all contractors and/or their sub-contractors must hold a valid City of Auburn Plumbing License at the time of bid. For a list of current licensed Master Plumbers, visit the City Code Enforcement Webpage at https://www.auburnny.gov/code-enforcement-office/pages/plumber-info-exam-app- announcements
7. BID SECURITY
Each bid must be accompanied by certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the owner, in the amount of 5% of the bid. Such checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the owner and the accepted bidder have executed the contract, or, if no award has been made within 45 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as they have not been notified of the acceptance of their bid.
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8. COMMENCEMENT AND COMPLETION
The successful bidder must agree to commence work within ten (10) days after execution of contract.
All work of the contract shall be entirely completed and performed by November 19, 2021.
The successful bidder, upon their failure or refusal to execute and deliver the contract and bonds required within 10 days after they have received notice of the acceptance of their bid, shall forfeit to Owner, as liquidated damages for such failure or refusal, the security deposited with their bid.
9. LIQUIDATED DAMAGES
Consequences for failure to complete work on time are detailed in Article 8 of the General Conditions.
10. CONDITIONS OF WORK
Each bidder must inform themselves fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of their obligation to furnish all material and labor necessary to carry out the provisions of this contract. Insofar as possible the contractor, in carrying out their work, must employ such methods or means as will not cause any interruption of, or interference with, the work of any other contractor.
11. CONSTRUCTION SCHEDULE
The work shall be executed at such time and in such a way as to cause the least inconvenience to the Owner, and with proper consideration for the rights of other contractors. Each contractor shall keep in touch with the entire operations and install their work promptly. The construction schedule for the project will be prepared by the General Contractor.
Each contractor shall cooperate with the Engineer by reviewing the schedule and is required to promptly furnish the Engineer with such data as may be requested and required revisions.
The schedule, when approved by the Engineer, shall be the basis for the dates for starting and completing work for the various portions of each contract and for completing the work for the entire project. It shall be the duty of each contractor to conform to the approved schedule and to arrange its work in such a manner that it will be installed within the time limits indicated.
Each contractor is required by virtue of this contract to take whatever steps are necessary and to cooperate in every way possible with the other contractors in order to maintain the schedule and the scheduled completion date. No additional compensation will be considered for such action and consideration.
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12. ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation or information shall be by email and sent to William H. Lupien, Jr., P.E. at [email protected], AND Jeff Reina, P.E., at [email protected]. The subject line shall clearly identify the project name.
All Requests for Information (RFI) must be received by 11:00 am, 6 working days prior to the date fixed for the opening of bids to be given consideration.
Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested or emailed or faxed with acknowledgement required to all prospective bidders (at the respective address, email address and fax numbers furnished for such purposes), not later than 24 hours prior to the date fixed for the opening of bids. Bidders will be notified by email, at the email address provided for the Plan Holders List. Bidders must respond and acknowledge said notification. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents.
13. SECURITY FOR FAITHFUL PERFORMANCE
Simultaneously with his/her delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner.
14. POWER OF ATTORNEY
Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.
15. NOTICE OF SPECIAL CONDITIONS
Attention is particularly called to those parts of the contract documents and specifications which deal with the following:
(a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (d) DBE & EEO Workforce Goals (e) Utility Coordination
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16. WORKFORCE TRAINING
For all Public Works contracts of $ 250,000.00 or more, every worker employed in the performance of the contract shall be certified as having completed an OSHA 10-hour safety training course prior to performing work on the project. All contractors and subcontractors must attach a copy of proof of completion of the OSHA 10-hour course to the first certified payroll submitted to the City. Proof of completion may include but is not limited to: copies of course completion card, training roster, attendance record or other documentation from the certified trainer, other valid proof. A certification by the employer attesting that all employees have completed such course is not sufficient proof that the course has been completed.
For every Public Work Contract where excavation services are provided, pursuant to NYS Code Rule 16 NYCRR Part 753 effective May 4, 2019, contractor performing excavation services for the City of Auburn shall ensure any employee participating in excavation as an operator or excavator shall receive and hold certification in accordance with Dig Safely New York, Certified Excavator Program classes, as regulated by the NYS Public Service Commission. All contractors and subcontractors must attach a copy of proof of completion of the Certified Excavator Program Course to the first certified payroll submitted to the City. Proof of completion may include but is not limited to: copies of course completion card, training roster, attendance record or other documentation from the certified trainer. At any time, the City reserves the right to audit work crews performing excavation services and can issue stop work orders if proof of certification cannot be provided.
17. LAWS AND REGULATIONS
The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.
18. METHOD OF AWARD - LOWEST RESPONSIBLE BIDDER
In the comparison of Bids, alternates (if provided) will be applied in the order of priority established in the Bid Form, until doing so would cause the project budget to be exceeded. After determination of the responsible bidder based on this comparative process and other factors set forth in these Instructions, the award may be made to the lowest responsible bidder on its Base Bid and any combination of its additive alternate Bids for which the Owner determines funds will be available at the time of award. If the Base Bid or the Base Bid plus combination of its additive alternates exceed the project budget, the Owner may reject all Bids.
19. OBLIGATION OF BIDDER
At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to their bid.
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20. SUBSURFACE CONDITIONS
If boring information has been obtained by the Owner in the vicinity of the work of this contract and it is shown and made available in the form of the boring logs of the drilling company who performed the work, note that this information and the boring logs are not part of the contract documents. The information is made available to bidders and other interested parties only as a convenience and is made available without express 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. Boring samples may be examined at the Office of the Engineer.
It shall be the Contractor's obligation to satisfy themselves 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 they shall neither have nor assert against the Owner or Engineer, any claim for damages for 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 site of the work if they so desire subject to approval by the Owner. It should be understood that the party or parties receiving such approval must assume all risks and liability contingent thereto.
21. DISCREPANCY IN BIDS
In the event there is a discrepancy in any bid between the unit prices and the extended totals, the unit prices shall govern. In the event there is a discrepancy in any bid between the unit or lump sum prices written in figures and the unit or lump sum prices written in words, the unit or lump sum prices written in words shall govern. Bids which do not contain a price for every numbered item contained in the applicable bid form will not be accepted.
22. INFORMATION NOT GUARANTEED
All information given on the drawings or in the contract documents relating to subsurface conditions, existing pipe, and other structures is from the best sources at present available to the Owner. All such information is furnished only for the information and convenience of the bidders.
It is agreed and understood that the Owner does not warrant or guarantee that the conditions, pipes, or other structures encountered during construction will be the same as those indicated on the drawings or in the Contract Documents. The bidder must satisfy themselves regarding the character, quantities, and conditions of the various material and the work to be done.
It is further agreed and understood that the bidder or the contractor will not use any of the information made available to them or obtained in any examination made by them in any manner as a basis or ground of claim or demand of any nature, against the Owner or Engineer, arising from or by reason of any variance which may exist between the information offered and the actual materials of structures encountered during the construction work, except as may otherwise be provided for in the Contract Documents. This project is subject to the provisions of Chapter 605 Laws of the State of New York of 1959, Section 103-A of the General Municipal Law.
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23. WITHDRAWAL OF BIDS
A. Prior to Opening: Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a bid must be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of bids.
B. After Opening: The Owner may in its discretion allow a bidder to withdraw its bid where a unilateral error or mistake is discovered in the bid by the bidder and the following are shown:
1. The mistake is known or made known to the owner prior to the awarding of the contract or within three days after the opening of the bid, whichever period is shorter.
2. The price bid was based on an error of such magnitude that enforcement would be unconscionable.
3. The bid was submitted in good faith and the bidder submits credible evidence that the mistake was a clerical error as opposed to a judgement error.
4. The error in the bid is actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, material, goods or services made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents or materials used in the preparation of the bid sought to be withdrawn.
5. It is possible to place the owner in status quo ante.
24. CONTRACT SPECIFICATIONS
The Specifications covering work on this contract are as follows: A. The “New York State Department of Transportation Standard Specifications (US Customary Units)” current edition in effect at time of advertisement for bid, with all addenda. B. The “New York State Standard Sheets (US Customary Units)” current edition in effect at time of advertisement for bid, with all addenda. C. The special specifications in the Project Proposal, attached hereto; D. Any Engineering Instructions or Engineering Bulletins referenced herewith pertaining to the project.
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25. DELEGATION OF AUTHORITY
Same as Section 101-02 Definitions of Terms, of the New York State Department of Transportation Standard Specifications (US Customary Units), except where modified herein:
1. Award - Delete the word “Department” and substitute “OWNER” 2. Chief Engineer - Delete the stated definition and substitute “OWNER or OWNER’s DESIGNATED REPRESENTATIVE”. 3. Commissioner - Delete the stated definition and substitute “OWNER”. 4. Comptroller - Delete the stated definition and substitute “OWNER”. 5. Department - Delete the stated definition and substitute “OWNER”. 6. Departmental Geotechnical Engineer - Delete the stated definition and substitute “OWNER’s ENGINEER”. 7. Departmental Engineering Geologist - Delete the stated definition and substitute “OWNER’s ENGINEER”. 8. Director, Construction Division - Delete the stated definition and substitute “OWNER’s DESIGNATED REPRESENTATIVE”. 9. Engineer or Engineer-In-Charge - Delete the state definition and substitute “ The Engineer representing the Owner having direct supervision of the execution of the Contract”. 10. Executive Deputy Commissioner - Delete the stated definition and substitute “OWNER”. 11. Final Agreement - Delete “State of New York Department of Transportation” and substitute “OWNER” 12. Geotechnical Engineering Bureau - Delete the term “Geotechnical Engineering Bureau” in the definition. 13. Inspector - Delete “The Department of Transportation” and substitute “OWNER’s DESIGNATED REPRESENTATIVE”. 14. Materials Bureau - Delete the stated definition and substitute “The OWNER has the responsibility in the quality assurance for materials to be used on the contract”. 15. Regional Director - Delete the stated definition and substitute: “When used, means the OWNER”. 16. State - Delete the stated definition and substitute: “When used, means the OWNER”.
10 BID FORM
PROJECT BID
The signer of this bid declares that the only person, persons, company or parties interested in the bid are named in this bid; that the bid is made without any connection with any person making another bid for the same contract; that it is in all respects fair and without collusion or fraud; that no officer or agent of the owner and no employee of the City of Auburn is directly or indirectly interested in the bid; and that the bidder has carefully examined the annexed form of the contract and all contract documents.
Pursuant to Section 103-D of the General Municipal Law, the bidder certifies that: (a) the bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and (b) the contents of the bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid.
Pursuant to and in compliance with your advertisement for bids and the documents relating hereto, the undersigned hereby offers to furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to the construction and completion of this contract, as required by and in strict compliance with the applicable provisions of all contract documents, for the following unit and/or lump sum prices:
Bid Item Total Gross Sum Bid in Figures Total Gross Sum Bid in Words
Base Bid
11 BID FORM
If written notice of the acceptance of this bid is mailed, faxed, emailed, or delivered to the undersigned within forty-five (45) days after the date of opening the bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, faxing, or delivering of such notice, execute and deliver the contract or contracts in the form of the agreement attached hereto.
The undersigned hereby designates as his/her office to which such notice be mailed, faxed, emailed or delivered:
Name:
Address:
Phone:
Fax:
Email:
12 BID FORM
The undersigned further agrees to comply with the requirements as to the conditions of employment, wage rates, and hours of labor set forth in the contract documents.
This bid may be withdrawn at any time prior to the scheduled time for opening of bids or any authorized postponement thereof.
Accompanying this proposal is a certified check or checks, or bid bond for the sum of ($)______dollars, which shall become the property of the Owner, if upon acceptance of this proposal, the undersigned shall fail to execute a contract with and give the required bonds and insurance to the Owner within ten (10) days after the date of said mailing, or delivering of said written notice of acceptance.
Dated:______, 20___
______
______*(Signature of Bidder)
By: ______
Address: ______
______
Tel No.: ______
STATE OF______COUNTY OF______CITY OF______
Sworn to and Subscribed Before Me This ______Day of ______, 20____.
______(Notary Public)
*Insert Bidder's Name: If a corporation, give the exact official corporate name and affix the corporate seal; if a partnership or an individual doing business under an assumed name, give the exact official name as it appears on the assumed name certificate.
13 BID FORM
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14 BID FORM
ITEMIZED PROPOSAL FOR
SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PIN 3950.54
The bidder proposes to provide all labor, materials, equipment and services necessary to complete the project in accordance with the contract drawings, contract documents and technical specifications.
This is a unit cost project and each bidder shall complete the following Bid Sheets, Pages 16-1 through 16-28.
The unit price bid for each item shall be written in words and figures including totals at the end. If the unit price written in words does not match the unit price written in figures, the unit price written in words will be applied. Bids which do not contain a price for every item contained in the Bid Sheets will not be accepted.
15 BID FORM
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16 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 201.07 0.6 CLEARING AND GRUBBING
FOR ……………………………………………………………………………….. PER ACRE 202.19 140 REMOVAL OF SUBSTRUCTURES
FOR ……………………………………………………………………………….. PER CY 203.02 11025 UNCLASSIFIED EXCAVATION AND DISPOSAL
FOR ……………………………………………………………………………….. PER CY 203.03 2545 EMBANKMENT IN PLACE
FOR ……………………………………………………………………………….. PER CY 203.07 1550 SELECT GRANULAR FILL
FOR ……………………………………………………………………………….. PER CY 203.21 450 SELECT STRUCTURE FILL
FOR ……………………………………………………………………………….. PER CY 204.01 23 CONTROLLED LOW STRENGTH MATERIAL (CLSM)
FOR ……………………………………………………………………………….. PER CY CARRY FORWARD
16-1 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 206.01 1670 STRUCTURE EXCAVATION
FOR ……………………………………………………………………………….. PER CY 206.0201 6830 TRENCH AND CULVERT EXCAVATION
FOR ……………………………………………………………………………….. PER CY 206.03 3500 CONDUIT EXCAVATION AND BACKFILL INCLUDING SURFACE RESTORATION
FOR ……………………………………………………………………………….. PER LF 206.05 20 TEST PIT EXCAVATION
FOR ……………………………………………………………………………….. PER EA 207.20 260 GEOTEXTILE BEDDING
FOR ……………………………………………………………………………….. PER SY 207.21 9500 GEOTEXTILE SEPARATION
FOR ……………………………………………………………………………….. PER SY 207.26 235 PREFABRICATED COMPOSITE STRUCTURAL DRAIN
FOR ……………………………………………………………………………….. PER SY CARRY FORWARD
16-2 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 209.100101 5000 MULCH - TEMPORARY
FOR ……………………………………………………………………………….. PER SY 209.1003 5520 SEED AND MULCH - TEMPORARY
FOR ……………………………………………………………………………….. PER SY 209.1501 55 TURBIDITY CURTAIN - TEMPORARY
FOR ……………………………………………………………………………….. PER LF 209.1703 1100 DRAINAGE STRUCTURE INLET PROTECTION, PREFABRICATED - TEMPORARY
FOR ……………………………………………………………………………….. PER LF 209.22 500 CONSTRUCTION ENTRANCE
FOR ……………………………………………………………………………….. PER SY 209.2301 7000 SEDIMENT FILTER LOG - TEMPORARY, 12"
FOR ……………………………………………………………………………….. PER LF 304.12 4790 SUBBASE COURSE, TYPE 2
FOR ……………………………………………………………………………….. PER CY CARRY FORWARD
16-3 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 402.000013 255 PLANT PRODUCTION QUALITY ADJUSTMENT TO HMA ITEMS
For SIXETY DOLLARS AND NO CENTS $60 .00 $15,300 .00 PER QU 402.000053 200 TEST SECTION ADJUSTMENT TO HMA ITEMS
For SIXETY DOLLARS AND NO CENTS $60 .00 $12,000 .00 PER QU 402.096203 790 9.5 F2 TOP COURSE HMA, 60 SERIES COMPACTION
FOR ……………………………………………………………………………….. PER TON 402.196903 1060 19 F9 BINDER COURSE HMA, 60 SERIES COMPACTION
FOR ……………………………………………………………………………….. PER TON 402.256903 3240 25 F9 BASE COURSE HMA 60 SERIES COMPACTION
FOR ……………………………………………………………………………….. PER TON 402.438903 120 19 F9 TEMPORARY BINDER COURSE HMA, 80 SERIES COMPACTION
FOR ……………………………………………………………………………….. PER TON 403.448903 170 25 F9 TEMPORARY BINDER COURSE HMA, 80 SERIES COMPACTION
FOR ……………………………………………………………………………….. PER TON CARRY FORWARD
16-4 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 407.0102 1500 DILUTED TACK COAT
FOR ……………………………………………………………………………….. PER GAL 418.7603 17000 ASPHALT PAVEMENT JOINT ADHESIVE
FOR ……………………………………………………………………………….. PER LF 490.30 80 MISCELLANEOUS COLD MILLING OF BITUMINOUS CONCRETE
FOR ……………………………………………………………………………….. PER SY 552.17 86800 SHIELDS AND SHORING
FOR ……………………………………………………………………………….. PER SF 553.030001 1 TEMPORARY WATERWAY DIVERSION STRUCTURE
FOR ……………………………………………………………………………….. PER EA 559.16960118 6160 PROTECTIVE SEALING OF STRUCTURAL CONCRETE
FOR ……………………………………………………………………………….. PER SF 562.03 52 WING WALL WITH FOOTING
FOR ……………………………………………………………………………….. PER SY CARRY FORWARD
16-5 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 568.51 30 STEEL BRIDGE RAILING (FOUR RAIL)
FOR ……………………………………………………………………………….. PER LF 568.70 128 TRANSITION BRIDGE RAILING
FOR ……………………………………………………………………………….. PER LF 595.50000018 1555 SHEET-APPLIED WATERPROOFING MEMBRANE
FOR ……………………………………………………………………………….. PER SF 603.171216 2 GALVANIZED STEEL END SECTIONS-PIPE (2-2/3" X 1/2"CORRUGATIONS) 18 INCH DIAMETER, 16 GAUGE
FOR ……………………………………………………………………………….. PER EA 603.171614 2 GALVANIZED STEEL END SECTIONS-PIPE (2-2/3" X 1/2"CORRUGATIONS) 30 INCH DIAMETER, 14 GAUGE
FOR ……………………………………………………………………………….. PER EA 603.171912 1 GALVANIZED STEEL END SECTIONS-PIPE (2-2/3" X 1/2"CORRUGATIONS) 42 INCH DIAMETER, 12 GAUGE
FOR ……………………………………………………………………………….. PER EA 603.6005 8 REINFORCED CONCRETE PIPE CLASS III, 24 INCH DIAMETER
FOR ……………………………………………………………………………….. PER LF CARRY FORWARD
16-6 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 603.64110515 66 PRECAST CONCRETE BOX CULVERT (FILL HEIGHT 2 FT OR GREATER) 11 FOOT SPAN, 5 FOOT RISE
FOR ……………………………………………………………………………….. PER LF 603.77 1 CONCRETE COLLARS
FOR ……………………………………………………………………………….. PER EA 603.98100404 8 POLYVINYL CHLORIDE (PVC) SEWER PIPE & FITTINGS 4" DIAMETER
FOR ……………………………………………………………………………….. PER LF 603.98100804 66 POLYVINYL CHLORIDE (PVC) SEWER PIPE & FITTINGS 8" DIAMETER
FOR ……………………………………………………………………………….. PER LF 603.9812 364 SMOOTH INTERIOR CORRUGATED POLYETHYLENE CULVERT AND STORM DRAIN 12 INCH DIAMETER
FOR ……………………………………………………………………………….. PER LF 603.9815 12 SMOOTH INTERIOR CORRUGATED POLYETHYLENE CULVERT AND STORM DRAIN 15 INCH DIAMETER
FOR ……………………………………………………………………………….. PER LF 603.9818 2600 SMOOTH INTERIOR CORRUGATED POLYETHYLENE CULVERT AND STORM DRAIN 18 INCH DIAMETER
FOR ……………………………………………………………………………….. PER LF CARRY FORWARD
16-7 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 603.9824 88 SMOOTH INTERIOR CORRUGATED POLYETHYLENE CULVERT AND STORM DRAIN 24 INCH DIAMETER
FOR ……………………………………………………………………………….. PER LF 603.9836 65 SMOOTH INTERIOR CORRUGATED POLYETHYLENE CULVERT AND STORM DRAIN 36 INCH DIAMETER
FOR ……………………………………………………………………………….. PER LF 603.99050002 4 CONCRETE PLUGS FOR SEWER PIPE
FOR ……………………………………………………………………………….. PER EA 603.99100105 1 TEMPORARY SANITARY SEWER
FOR ……………………………………………………………………………….. PER LS 604.070301 3 ALTERING DRAINAGE STRUCTURES, LEACHING BASINS AND MANHOLES
FOR ……………………………………………………………………………….. PER EA 604.070302 12 ALTERING DRAINAGE STRUCTURES, LEACHING BASINS AND MANHOLES
FOR ……………………………………………………………………………….. PER EA 604.070303 1 ALTERING DRAINAGE STRUCTURES, LEACHING BASINS AND MANHOLES
FOR ……………………………………………………………………………….. PER EA CARRY FORWARD
16-8 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 604.24010018 9 24 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE
FOR ……………………………………………………………………………….. PER EA 604.300992 8.4 RECTANGULAR DRAINAGE STRUCTURE TYPE I FOR PARALLEL BAR #12PCB FRAME
FOR ……………………………………………………………………………….. PER LF 604.302192 271 RECTANGULAR DRAINAGE STRUCTURE TYPE U FOR PARALLEL BAR #12PCB FRAME
FOR ……………………………………………………………………………….. PER LF 604.4048 10.9 ROUND PRECAST CONCRETE MANHOLE TYPE 48
FOR ……………………………………………………………………………….. PER LF 604.51020615 2 STORMWATER TREATMENT SYSTEM (SWTS) – 11.0 CFS (315 L/S)
FOR ……………………………………………………………………………….. PER EA 605.1001 630 UNDERDRAIN FILTER TYPE 2
FOR ……………………………………………………………………………….. PER CY 605.1501 2800 PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN TUBING, 4 INCH DIAMETER
FOR ……………………………………………………………………………….. PER LF CARRY FORWARD
16-9 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 605.98101818 1521 SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE, 18 INCH DIAMETER
FOR ……………………………………………………………………………….. PER LF 606.10 47 BOX BEAM GUIDE RAILING
FOR ……………………………………………………………………………….. PER LF 606.100002 20 BOX BEAM GUIDE RAILING (SHOP BENT or SHOP MITERED)
FOR ……………………………………………………………………………….. PER LF 606.120101 2 BOX BEAM END PIECE
FOR ……………………………………………………………………………….. PER EA 606.120201 2 BOX BEAM GUIDE RAILING END ASSEMBLY, TYPE IIA
FOR ……………………………………………………………………………….. PER EA 606.71 129 REMOVING AND DISPOSING CORRUGATED BEAM GUIDE RAILING
FOR ……………………………………………………………………………….. PER LF 607.21000011 530 REMOVE AND DISPOSE OF CHAIN LINK FENCE
FOR ……………………………………………………………………………….. PER LF CARRY FORWARD
16-10 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 607.91110011 0 PIPE RAIL FENCE - 3 RAIL
FOR ……………………………………………………………………………….. PER LF 607.99010003 0 REMOVE AND RELOCATE FENCING
FOR ……………………………………………………………………………….. PER LF 607.41010010 720 TEMPORARY PLASTIC BARRIER FENCE
FOR ……………………………………………………………………………….. PER LF 608.000013 10 PLANT PRODUCTION QUALITY ADJUSTMENT TO HMA SIDEWALK ITEMS
For SIXETY DOLLARS AND NO CENTS $60 .00 $600 .00 PER QU 608.0101 230 CONCRETE SIDEWALKS AND DRIVEWAYS
FOR ……………………………………………………………………………….. PER CY 608.0102 110 ACCELERATED CURE SIDEWALKS AND DRIVEWAYS
FOR ……………………………………………………………………………….. PER CY 608.020102 200 HOT MIX ASPHALT (HMA) SIDEWALKS, DRIVEWAYS AND BICYCLE PATHS
FOR ……………………………………………………………………………….. PER TON CARRY FORWARD
16-11 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 608.21000003 21 CAST IRON EMBEDDED DETECTABLE WARNING UNITS
FOR ……………………………………………………………………………….. PER SY 609.0203 4800 STONE CURB, GRANITE, (TYPE C)
FOR ……………………………………………………………………………….. PER LF 610.0501 950 FERTILIZER
FOR ……………………………………………………………………………….. PER LB 610.19 30 WATERING
FOR ……………………………………………………………………………….. PER MGAL 610.16010020 5970 TURF ESTABLISHMENT - PERFORMANCE
FOR ……………………………………………………………………………….. PER SY 611.0161 23 PLANTING – MAJOR DECIDUOUS TREE – 2.5 INCH CALIPER BALL AND BURLAP, FIELD POTTED OR FIELD BOXED
FOR ……………………………………………………………………………….. PER EA 611.0181 27 PLANTING – MAJOR DECIDUOUS TREE – 3.5 INCH CALIPER BALL AND BURLAP, FIELD POTTED OR FIELD BOXED
FOR ……………………………………………………………………………….. PER EA CARRY FORWARD
16-12 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 611.19010024 50 POST PLANTING CARE WITH REPLACEMENT MAJOR DECIDUOUS TREES
FOR ……………………………………………………………………………….. PER EA 614.060204 3 TREE REMOVAL OVER 6 INCHES TO 12 INCHES DIAMETER BREAST HEIGHT - STUMPS GRUBBED
FOR ……………………………………………………………………………….. PER EA 614.060304 2 TREE REMOVAL OVER 12 INCHES TO 18 INCHES DIAMETER BREAST HEIGHT - STUMPS GRUBBED
FOR ……………………………………………………………………………….. PER EA 614.060404 5 TREE REMOVAL OVER 18 INCHES TO 24 INCHES DIAMETER BREAST HEIGHT - STUMPS GRUBBED
FOR ……………………………………………………………………………….. PER EA 614.060604 1 TREE REMOVAL OVER 36 INCHES TO 48 INCHES DIAMETER BREAST HEIGHT - STUMPS GRUBBED
FOR ……………………………………………………………………………….. PER EA 614.0701 19 PRE-EXISTING STUMP REMOVAL UP TO 24 INCH DIAMETER AT 6 INCH ABOVE GRADE
FOR ……………………………………………………………………………….. PER EA 619.01 1 BASIC WORK ZONE TRAFFIC CONTROL
FOR ……………………………………………………………………………….. PER LS CARRY FORWARD
16-13 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 619.04 35 TYPE III CONSTRUCTION BARRICADES
FOR ……………………………………………………………………………….. PER EA 619.0901 12550 TEMPORARY PAVEMENT MARKINGS STRIPES (TRAFFIC PAINT)
FOR ……………………………………………………………………………….. PER LF 619.110513 2 (PVMS) STANDARD SIZE - FULL MATRIX (LED) NO OPTIONAL EQUIPMENT SPECIFIED, CELLULAR COMMUNICATIONS WITH NTCIP
FOR ……………………………………………………………………………….. PER EA 619.1613 15 MAINTAIN TRAFFIC SIGNAL EQUIPMENT (REQUIREMENT C)
FOR ……………………………………………………………………………….. PER INTM 619.1711 360 TEMPORARY POSITIVE BARRIER - CATEGORY 1 (PINNING PROHIBITED)
FOR ……………………………………………………………………………….. PER LF 619.1719 40 WARNING LIGHTS ON TEMPORARY POSITIVE BARRIERS
FOR ……………………………………………………………………………….. PER EA 619.27 23 MAILBOXES
FOR ……………………………………………………………………………….. PER EA CARRY FORWARD
16-14 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 620.05 200 STONE FILLING (HEAVY)
FOR ……………………………………………………………………………….. PER CY 620.0801 55 BEDDING MATERIAL, TYPE 1
FOR ……………………………………………………………………………….. PER CY 620.29010009 80 NATIVE STREAM BED MATERIAL (A)
FOR ……………………………………………………………………………….. PER CY 621.03 600 CLEANING CLOSED DRAINAGE SYSTEMS
FOR ……………………………………………………………………………….. PER LF 621.04 3 CLEANING DRAINAGE STRUCTURES
FOR ……………………………………………………………………………….. PER EA 621.51000015 100 GRADING CLEANING AND RESHAPING EXISTING DITCHES
FOR ……………………………………………………………………………….. PER LF 623.12110001 1600 CRUSHED STONE (IN-PLACE MEASURE) SIZE DESIGNATION 1
FOR ……………………………………………………………………………….. PER CY CARRY FORWARD
16-15 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 623.12120001 90 CRUSHED STONE (IN-PLACE MEASURE) SIZE DESIGNATION 2
FOR ……………………………………………………………………………….. PER CY 625.01 1 SURVEY OPERATIONS
FOR ……………………………………………………………………………….. PER LS 627.50140008 3850 CUTTING PAVEMENT
FOR ……………………………………………………………………………….. PER LF 637.12 16 ENGINEERS FIELD OFFICE - TYPE 2
FOR ……………………………………………………………………………….. PER MNTH 637.34 2000 OFFICE TECHNOLOGY AND SUPPLIES
For ONE DOLLAR AND NO CENTS $1 .00 $2,000 .00 PER DC 645.45040124 1 RESTORE NEW YORK STATE HISTORIC MARKER - PANEL INCLUDING POST AND CONCRETE FOOTING
FOR ……………………………………………………………………………….. PER EA 645.5101 7.5 GROUND-MOUNTED SIGN PANELS WITHOUT Z-BARS
FOR ……………………………………………………………………………….. PER SF CARRY FORWARD
16-16 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 645.5102 131136 GROUND-MOUNTED SIGN PANELS LESS THAN OR EQUAL TO 30 SF, WITH Z-BARS
FOR ……………………………………………………………………………….. PER SF 645.5202 91 GROUND-MOUNTED SIGN PANELS LESS THAN OR EQUAL TO 30 SF, WITH Z-BARS, HIGH-VISIBILITY SHEETING
FOR ……………………………………………………………………………….. PER SF 645.81 37 TYPE A SIGN POSTS
FOR ……………………………………………………………………………….. PER EA 645.81020003 8 RETROREFLECTIVE SIGN POST STRIP
FOR ……………………………………………………………………………….. PER EA 645.85 4 POLE MOUNTED SIGN SUPPORT SYSTEM (BAND MOUNTED)
FOR ……………………………………………………………………………….. PER EA 646.21 1 REFERENCE MARKER PANEL
FOR ……………………………………………………………………………….. PER EA 647.31 2 RELOCATE SIGN PANEL, SIGN PANEL ASSEMBLY SIZE I (UNDER 30 SF)
FOR ……………………………………………………………………………….. PER EA CARRY FORWARD
16-17 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 647.51 2 REMOVE AND DISPOSE SIGN PANEL, SIGN PANEL ASSEMBLY SIZE I (UNDER 30 SQUARE FEET)
FOR ……………………………………………………………………………….. PER EA 647.61 25 REMOVE AND DISPOSE SIGNS, GROUND MOUNTED TYPE A SIGN SUPPORTS AND FOUNDATIONS - SIZE I (UNDER 30 SF)
FOR ……………………………………………………………………………….. PER EA 655.0903 35 PARALLEL BAR FRAME 12 PCB & PARALLEL BAR GRATE 12 PCB (WITH CROSS BARS)
FOR ……………………………………………………………………………….. PER EA 655.1202 5 MANHOLE FRAME AND COVER
FOR ……………………………………………………………………………….. PER EA 655.13000015 13 ASPHALT PAVEMENT SUPPORTED MANHOLE FRAME AND APPROVED COVER
FOR ……………………………………………………………………………….. PER EA 660.21240008 30 FURNISH AND INSTALL STEEL CASING 24 NPS (O.D.)
FOR ……………………………………………………………………………….. PER LF 663.0106 230 DUCTILE IRON CEMENT LINED WATER PIPE, 6"
FOR ……………………………………………………………………………….. PER LF CARRY FORWARD
16-18 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 663.0108 40 DUCTILE IRON CEMENT LINED WATER PIPE, 8"
FOR ……………………………………………………………………………….. PER LF 663.0112 1700 DUCTILE IRON CEMENT LINED WATER PIPE, 12"
FOR ……………………………………………………………………………….. PER LF 663.0604 600 COPPER WATER SERVICE PIPE, 1"
FOR ……………………………………………………………………………….. PER LF 663.1006 11 RESILIENT WEDGE VALVE & VALVE BOX, 6"
FOR ……………………………………………………………………………….. PER EA 663.1008 2 RESILIENT WEDGE VALVE & VALVE BOX, 8"
FOR ……………………………………………………………………………….. PER EA 663.1012 7 RESILIENT WEDGE VALVE & VALVE BOX, 12"
FOR ……………………………………………………………………………….. PER EA 663.1301 6 HYDRANT
FOR ……………………………………………………………………………….. PER EA CARRY FORWARD
16-19 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 663.1806 2 BOLTED SLEEVE TYPE COUPLING, 6"
FOR ……………………………………………………………………………….. PER EA 663.1812 1 BOLTED SLEEVE TYPE COUPLING, 12"
FOR ……………………………………………………………………………….. PER EA 663.2001 500 IRON WATER MAIN FITTINGS (3 " - 8 ")
FOR ……………………………………………………………………………….. PER LB 663.2002 1700 IRON WATER MAIN FITTINGS (10" - 16")
FOR ……………………………………………………………………………….. PER LB 663.2106 37 WEDGE TYPE MECHANICAL RESTRAINT GLANDS, 6"
FOR ……………………………………………………………………………….. PER EA 663.2108 7 WEDGE TYPE MECHANICAL RESTRAINT GLANDS, 8"
FOR ……………………………………………………………………………….. PER EA 663.2112 44 WEDGE TYPE MECHANICAL RESTRAINT GLANDS, 12"
FOR ……………………………………………………………………………….. PER EA CARRY FORWARD
16-20 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 663.2504 12 WATER SERVICE CONNECTION, 1"
FOR ……………………………………………………………………………….. PER EA 663.33 2 ADJUSTING EXISTING VALVE BOX ELEVATION
FOR ……………………………………………………………………………….. PER EA 663.40 5 DISCONNECT AND CAP EXISTING WATER MAIN
FOR ……………………………………………………………………………….. PER EA 663.4106 120 REMOVE AND DISPOSE OF EXISTING WATER MAIN, 6"
FOR ……………………………………………………………………………….. PER LF 663.43 5 REMOVE AND DISPOSE OF EXISTING HYDRANT
FOR ……………………………………………………………………………….. PER EA 663.44 12 REMOVE AND DISPOSE OF EXISTING WATER SERVICE CONNECTION
FOR ……………………………………………………………………………….. PER EA 663.50000017 450 INSTALLING WATER SUPPLY UTILITIES BY DIRECTIONAL DRILLING
FOR ……………………………………………………………………………….. PER LF CARRY FORWARD
16-21 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 670.0105 36 FOUNDATION FOR LIGHT STANDARDS, 5 FEET LONG
FOR ……………………………………………………………………………….. PER EA 670.15100108 36 FURNISH AND INSTALL DECORATIVE STREET LIGHT POLE AND LUMINAIRE ASSEMBLIES TYPE-1
FOR ……………………………………………………………………………….. PER EA 670.2007 3700 GALVANIZED STEEL CONDUIT (1.5")
FOR ……………………………………………………………………………….. PER LF 670.3010 4 PULLBOXES 7.6 CUBIC FEET TO 10 CUBIC FEET, INSIDE VOLUME (LIGHTING)
FOR ……………………………………………………………………………….. PER EA 670.53070104 1 POWER POINT DISCONNECT ASSEMBLY
FOR ……………………………………………………………………………….. PER EA 670.53070204 1 POWER POINT DISCONNECT ASSEMBLY
FOR ……………………………………………………………………………….. PER EA 670.53070304 1 POWER POINT DISCONNECT ASSEMBLY
FOR ……………………………………………………………………………….. PER EA CARRY FORWARD
16-22 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 670.7003 5750 SINGLE CONDUCTOR CABLE, NUMBER 4 GAGE
FOR ……………………………………………………………………………….. PER LF 670.7004 2700 SINGLE CONDUCTOR CABLE, NUMBER 6 GAGE
FOR ……………………………………………………………………………….. PER LF 670.7005 2700 SINGLE CONDUCTOR CABLE, NUMBER 8 GAGE
FOR ……………………………………………………………………………….. PER LF 670.7006 3300 SINGLE CONDUCTOR CABLE, NUMBER 10 GAGE
FOR ……………………………………………………………………………….. PER LF 680.01970210 3 PAINT GALVANIZED EXISTING TRAFFIC SIGNAL POLE (ALL SIZES)
FOR ……………………………………………………………………………….. PER EA 680.5001 1.6 POLE EXCAVATION AND CONCRETE FOUNDATION
FOR ……………………………………………………………………………….. PER CY 680.510501 3 PULLBOX RECTANGULAR 26 X 18 INCH REINFORCED CONCRETE
FOR ……………………………………………………………………………….. PER EA CARRY FORWARD
16-23 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 680.520106 70 CONDUIT, METAL STEEL, ZINC COATED, 2"
FOR ……………………………………………………………………………….. PER LF 680.520108 170 CONDUIT, METAL STEEL, ZINC COATED, 3"
FOR ……………………………………………………………………………….. PER LF 680.53 140 CONDUIT JACKING OR BORING
FOR ……………………………………………………………………………….. PER LF 680.67080309 4 PEDESTRIAN POLE TOP MOUNT - PAINTED
FOR ……………………………………………………………………………….. PER EA 680.71 140 SHIELDED LEAD-IN CABLE
FOR ……………………………………………………………………………….. PER LF 680.730714 1120 SIGNAL CABLE, 7 CONDUCTOS 14 AWG
FOR ……………………………………………………………………………….. PER LF 680.77000105 1 MODIFY TRAFFIC SIGNAL INSTALLATION
FOR ……………………………………………………………………………….. PER ELOC CARRY FORWARD
16-24 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 680.79000105 1 REMOVE TRAFFIC SIGNAL INSTALLATION
FOR ……………………………………………………………………………….. PER ELOC 680.8111 4 TRAFFIC SIGNAL BRACKET ASSEMBLY - 1 WAY
FOR ……………………………………………………………………………….. PER EA 680.8112 2 TRAFFIC SIGNAL BRACKET ASSEMBLY - 2 WAY
FOR ……………………………………………………………………………….. PER EA 680.8142 4 PEDESTRIAN SIGNAL POST TOP MOUNT ASSEMBLY
FOR ……………………………………………………………………………….. PER EA 680.8210 1 OVERHEAD SIGN ASSEMBLY, TYPE J
FOR ……………………………………………………………………………….. PER EA 680.82254310 2 RECTANGULAR RAPID FLASHING BEACON (RRFB) ASSEMBLY - FOUR BEACONS, SOLAR POWERED
FOR ……………………………………………………………………………….. PER EA 685.11 8800 WHITE EPOXY REFLECTORIZED PAVEMENT STRIPES - 20 MILS
FOR ……………………………………………………………………………….. PER LF CARRY FORWARD
16-25 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS 685.12 6950 YELLOW EPOXY REFLECTORIZED PAVEMENT STRIPES - 20 MILS
FOR ……………………………………………………………………………….. PER LF 685.13 8 WHITE EPOXY REFLECTORIZED PAVEMENT LETTERS - 20 MILS
FOR ……………………………………………………………………………….. PER EA 685.14 6 WHITE EPOXY REFLECTORIZED PAVEMENT SYMBOLS - 20 MILS
FOR ……………………………………………………………………………….. PER EA 697.03 262000 FIELD CHANGE PAYMENT
For ONE DOLLAR AND NO CENTS $1 .00 $262,000 .00 PER DC 698.04 10000 ASPHALT PRICE ADJUSTMENT
For ONE DOLLAR AND NO CENTS $1 .00 $10,000 .00 PER DC 698.05 6000 FUEL PRICE ADJUSTMENT
For ONE DOLLAR AND NO CENTS $1 .00 $6,000 .00 PER DC 698.06 100 STEEL/IRON PRICE ADJUSTMENT
For ONE DOLLAR AND NO CENTS $1 .00 $100 .00 PER DC CARRY FORWARD
16-26 BID FORM
BIDDER'S NAME ______SOUTH STREET (NYS ROUTE 34) CORRIDOR ENHANCEMENT PROJECT PIN 3950.54, D034841 BROUGHT FORWARD
ITEM ESTIMATE OF UNIT BID PRICE AMOUNT BID NUMBER QUANTITIES ITEMS WITH UNIT BID PRICE WRITTEN IN WORDS DOLLARS CTS DOLLARS CTS
SUBTOTAL $ ______
699.040001 NEC MOBILIZATION, MUST NOT EXCEED 4.00 % OF SUBTOTAL SHOWN ABOVE. SEE SPECIFICATION FOR THIS ITEM.
FOR ……………………………………………………………………………….. PER LUMP SUM PLEASE BE SURE BID IS ENTERED FOR EACH ITEM, EXCEPT AS DIRECTED FOR OPTIONAL ITEMS.
TOTAL OR GROSS SUM WRITTEN IN WORDS ______$ ______EACH PROPOSAL MUST BE ACCOMPANIED BY CASH, CERTIFIED CHECK OR BID BOND PAYABLE TO THE ORDER OF THE ''CITY OF AUBURN'' IN AN AMOUNT NOT LESS THAN FIVE PERCENT (5%) OF THE GROSS SUM BID.
16-27 BID FORM
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16-28 BID FORM
ADDENDA ACKNOWLEDGEMENT
Bidder acknowledges receipt and inclusion of the following addenda (if none, state “NONE”):
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
(Printed Name)
(Signature of Bidder)
17 BID FORM
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18 BID FORM
BID BOND
KNOWN ALL MEN BY THESE PRESENTS, that we, the undersigned, ______,as principal, and ______, as surety, are hereby held and firmly bound unto ______, as owner in the penal sum of ______for 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 ______day of ______, 20____. The condition of the above obligation is such that whereas the principal has submitted to ______a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for: ______
NOW THEREFORE,
(A) If said bid shall be rejected, or in the alternate,
(B) If said bid shall be accepted and the principal shall execute and deliver a contract in the form of contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his/her 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 Owner may accept such bid; and said surety does hereby waive notice of any such extension.
19 BID FORM
IN WITNESS WHEREOF, the principal and the surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereunto affixed and these presents to be signed by their proper officers, the day and year first set forth above.
L.S. ______Principal
______Surety
S E A L By: ______
20 BID FORM
The bidder is requested to state below what work of similar character to that included in the proposed contract he/she has done and to give references that will enable the Owner to judge his/her experience, skill, and business standing.
SIMILAR WORK ______
REFERENCES ______
21 BID FORM
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22 BID FORM
CERTIFICATION FOR FEDERAL AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his/her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure.
The prospective participant also agrees by submitting his/her bid or proposal that he/she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000.00 and that such subrecipients shall certify and disclose accordingly.
23 BID FORM
IRAN DIVESTMENT ACT CERTIFICATION
As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. This act may be viewed in its entirety at:
https://www.ogs.ny.gov/iran-divestment-act-2012
Pursuant to SFL § 165-a(3)(b), the Commissioner of the Office of General Services (OGS) has developed and maintains a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). The list may be found on the OGS website above.
By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that, it will not utilize, on such Contract, any subcontractor that is identified on the prohibited entities list.
Additionally, any Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation, must certify at the time the Contract is renewed, extended or assigned that it is not included on the prohibited entities list.
During the term of the Contract, should the Owner or the Owner’s Representative receive information that a Bidder/Contractor (or any assignee) is in violation of the above-referenced certification, the Owner will offer the Bidder/Contractor (or any assignee) an opportunity to respond. If the Bidder/Contractor (or any assignee) fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the Owner shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.
The Owner reserves the right to reject any bid or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award
24 BID FORM
NON-COLLUSIVE BIDDING CERTIFICATIONS
REQUIRED BY SECTION 139-D, STATE FINANCE LAW and SECTION 103-D OF GENERAL MUNICIPAL LAW
“Section 139-d, SFL and Section 103-d, GML, “Statement of non-collusion in bids to the state.”
1. Every bid hereafter made to the state or any public department, agency, or official thereof, where competitive bidding is required by statute, rule, or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury:
Non-collusive bidding certification.
(a) 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 his 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.
(b) A bid shall not be considered for award nor shall any award be made where (a)(1)(2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a)(1)(2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the state, public department, or agency to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.
The fact that the bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).
2. Any bid hereafter made to the state or any public department, agency, or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, or regulation, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to have included the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation."
25 BID FORM
"By submission of this bid, the bidder does hereby tender to the Owner this sworn statement pursuant to Section 1128 of Title 23, U. S. Code-Highways and does hereby certify, in conformance with said Section 112 of Title 23, U. S. Code-Highways that the said Contractor has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the above contract."
REQUIRED BY TITLE 49, CFR, VOLUME 1, SUBTITLE A, PART 29
"The signatory to the proposal, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, his/her company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (of five percent or more ownership):
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past three years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
EXCEPTIONS: The Contractor should list any relevant information, attaching additional sheets to the proposal if necessary. (Exceptions will not necessarily result in disapproval, but will be considered in determining responsibility. For any exception noted, the Contractor should indicate to whom it applies, the initiating agency, and the dates of actions. Providing false information may result in criminal prosecution or administrative sanctions).
26 BID FORM
NON-COLLUSIVE BIDDING CERTIFICATION BIDDER INFORMATION
Bidder to provide information listed below:
Bidder Address: ______Street or P. O. Box No. ______City ______State ZIP
Federal Identification No.: ______
Name of Contact Person: ______
Phone # of Contact Person: ______
If Bidder is a Corporation:
President's Name & Address:
______
Secretary's Name & Address:
______
Treasurer's Name & Address:
______
If Bidder is a Partnership:
Partner's Name & Address:
______
Partner's Name & Address:
______
If Bidder is a Sole Proprietorship:
Owner's Name & Address:
______
27 BID FORM
REPORTING VIOLATIONS OF NON-COLLUSIVE BIDDING PROCEDURES, MISCONDUCT, OR OTHER PROHIBITED CONTRACT ACTIVITIES
U. S. DEPARTMENT OF TRANSPORTATION HOTLINE. Persons with knowledge of bid collusion (i.e., contractors, suppliers, workers, etc.) or other questionable contract related practices (inadequate materials, poor workmanship, theft of materials, etc.) are encouraged to report such activities by calling the U. S. D. O. T. HOTLINE. The HOTLINE number is 1-800- 424-9071 and calls will be answered from 8:00 A.M. to 5:00 P.M. EST, Monday thru Friday. This HOTLINE is under the direction of the U.S.D.O.T.'s Inspector General. All information will be treated confidentially and the caller's anonymity will be respected.
NEW YORK STATE INSPECTOR GENERAL HOTLINE. Reports of New York State Governmental Misconduct may be made in strict confidence to the New York State Inspector General on the Toll Free Statewide HOTLINE or by writing to the Office of the Inspector General. The Toll Free Statewide HOTLINE telephone number is 1-800-367-4448 and calls will be answered between 8:00 A.M. and 4:30 P.M., Monday through Friday. The address of the Office of the State Inspector General is the State Capitol, Executive Chamber, Albany, New York 12224.
28 BID FORM
BY SIGNING ONE OF THESE CERTIFICATIONS, THE CONTRACTOR CERTIFIES THAT HE/SHE UNDERSTANDS AND AGREES TO BE BOUND BY THE PROVISIONS OF THE FOLLOWING LAWS:
1. NEW YORK STATE FINANCE LAW, ARTICLE 9, SECTION 139-d 2. TITLE 49, CFR, PART 29 3. TITLE 23, U. S. CODE-HIGHWAYS, SECTION 112
THE CONTRACTOR SHOULD CHOOSE THE APPROPRIATE NOTARIZATION WHICH CORRESPONDS TO THE TYPE OF COMPANY (SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION) THAT HE/SHE REPRESENTS OR IS AFFILIATED WITH. ALL BIDDERS SHOULD FILL OUT THE APPROPRIATE SECTION OF THE BIDDER INFORMATION SHEET.
BY EXECUTING THIS DOCUMENT, THE CONTRACTOR AGREES TO:
1. Perform all work listed in accordance with the Contract Documents at the unit prices bid; subject to the provisions of Section 104 -04, Standard Specifications, Construction and Materials, published by the New York State Department of Transportation, and dated May 4, 2006, if applicable;
2. All the terms and conditions of the non-collusive bidding certifications required by Section 139-d of the State Finance Law, and Section 112, Title 23, U.S. Code;
3. Certification of Specialty Items category selected, if contained in this proposal;
4. Certification of any other clauses required by this proposal and contained herein;
5. Certification, under penalty of perjury, as to the current history regarding suspensions, debarments, voluntary exclusions, determinations of ineligibility, indictments, convictions, or civil judgments required by 49 CFR Part 29.
6. 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 the bidder has and has implemented a written policy addressing sexual harassment in the workplace and provides annual sexual harassment training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the New York State Labor Law.
______Date:______(Legal Name of Person, Corporation, or Firm Which is Submitting Bid or Proposal)
BY: ______(Signature of Person Representing Above)
AS: ______(Official Title of Signatory in Above Firm)
29 BID FORM
(Acknowledgment by Individual Contractor, If a Corporation)
STATE OF NEW YORK ) ) SS: COUNTY OF )
On this ____ day of ______, 20______, before me personally came personally came ______, to me known and known to me to be the person described in and who executed the above instrument, who being duly sworn by me, did depose and say that he/she resides at
______, and that he/she is the ______of the ______corporation described in and which executed the above instrument, and that he/she signed his/her name thereto on behalf of said Corporation by order of the Board of Directors of said
Corporation.
______Notary Public
30 BID FORM
(Acknowledgment by Co-Partnership Contractor)
STATE OF NEW YORK ) ) SS: COUNTY OF )
On this ____ day of ______, 20______, before me personally came
______, to me known and known to me to be the person described in and who executed the above instrument, who, being duly sworn by me, did for himself/herself depose and say that he/she is a member of the firm of
______, consisting of himself/ herself and ______, and that he/she executed the foregoing instrument in the firm name of
______and that he/she had authority to sign same, and did duly acknowledge to me that he/she executed same as the act and deed of said firm of ______for the uses and purposes mentioned herein.
______Notary Public
31 BID FORM
(Acknowledgment by Individual Contractor)
STATE OF NEW YORK ) ) SS: COUNTY OF )
On this ____ day of ______, 20______, before me personally came personally came ______, to me known and known to me to be described in and who executed the foregoing instrument, and that he/she acknowledged that he/she executed the same.
______Notary Public
32 BID FORM
CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.
Certification by Bidder
Bidder's Name:______Address & Zip Code:______
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes_____ No_____ (If answer is yes, identify the most recent contract.)
2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes____ No____ (If answer is yes, identify the most recent contract.)
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. Yes____ No____ None Required____
4. If answer to item 3 is "No", please explain in detail on reverse side of this certification.
Certification - The information above is true and complete to the best of my knowledge and belief.
______Name & Title of Signer (Type)
______Signature Date
33 BID FORM
BIDDER’S STATEMENT ON SEXUAL HARASSMENT IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW §139-l
In accordance with State Finance Law §139-l, which generally prohibits the City of Auburn from entering into contracts pursuant to the bid process with persons who fail to submit a certification affirming compliance with New York Labor Law §201-g, the bidder submits the following certification under the penalty of perjury:
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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201-g of the Labor Law.
Dated: ______, 20_____
______, New York
Name of Bidder
Signature of Authorized Official
Printed or Typed Name of Official and Title
Sworn to before me this
______day of______, 20______
34 BID FORM
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in item 4 checks “Subawardee”, then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001”.
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code for the lobbying registrant under
35 BID FORM the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the Federal covered action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form; print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB Control Number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington D.C. 20503.
36 BID FORM
DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative c. post-award For Material Change Only: agreement year quarter e. loan guarantee date of last report d. loan f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Prime Subawardee Name Tier , if known: and Address of Prime:
Congressional District, if Congressional District, if known: 6. Federal Department/Agency:known: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying b. Individuals Performing Services (including address if Registrant different from No. 10a) (if individual, last name, first name, MI): (last name, first name, Ml):
Information requested through this form is Signature: authorized by title 31 U.S.C. section 11. 1352. This Print Name: disclosure of lobbying activities is a material representation of fact Title: upon which reliance was placed by the tier above when this transaction was made Telephone No.: Date:
Federalor entered Use into.Only: This disclosure is required Authorized for Local pursuant to 31 U.S.C. 1352. Reproduction This Standard Form LLL information will be available (Rev. 7-97) for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10.000 and not more than $100.000 for each such failure.
37 BID FORM
REQUIREMENTS REGARDING LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Continuation Sheet 0348-0046
Reporting Entity: Page Of
Authorized for Local Reproduction - Standard Form LLL
38 BID FORM
OFFERER DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS
Name of Individual or Entity Seeking to Enter into the Procurement Contract: ______
Address: ______
Name and Title of Person Submitting this Form: ______
Contract Procurement Number: ______Date:______
1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle): No Yes
If yes, please answer the next questions:
2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle): No Yes
3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle): No Yes
4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below.
Governmental Entity: ______
Date of Finding of Non-responsibility: ______
Basis of Finding of Non-Responsibility: ______(Add additional pages as necessary)
39 BID FORM
5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle): No Yes
6. If yes, please provide details below.
Governmental Entity: ______
Date of Termination or Withholding of Contract: ______
Basis of Termination or Withholding: ______(Add additional pages as necessary)
Offerer certifies that all information provided to the Sponsor with respect to State Finance Law §139-k is complete, true and accurate. Offerer acknowledges and agrees that the Sponsor has the right to terminate a contract with Offerer in the event it is found that the certification by the Offerer in accordance with State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Sponsor may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract.
By: Date: Signature
Name:
Title:
40 BID FORM
FEDERAL AID PROJECT
DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION GOALS
NEW YORK STATE DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION REQUIREMENTS
The Department has established the following Disadvantaged Business Enterprise (DBE) utilization goals for this contract. The goal is expressed as a percentage of the total bid price.
DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION GOAL – 5%
Information related to the current certification status of Disadvantaged Business Enterprises can be obtained by contacting visiting:
https://nysucp.newnycontracts.com/
Disadvantaged Business Enterprise Officer:
The Bidder shall designate and enter below the name of a Disadvantaged Business Enterprise Officer who will have the responsibility for and must be capable of effectively administering and promoting an active Disadvantaged Business Enterprise Program and who must be assigned adequate authority and responsibility to do so.
Bidder Designated DBE Officer ______(Name, Title)
Telephone Number ______
Bid includes meeting the above DBE goals YES ______NO______
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AGREEMENT
CONTRACT FOR ______
______
______
______in Auburn, New York, dated ______, 20____, by and between the City of Auburn,
New York (herein called the "Owner"), and ______
______, with an office and official place of business at
______(hereinafter called the "Contractor").
WITNESSETH, that the Owner and the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained, agree as follows:
1. CONTRACT AND CONTRACT DOCUMENTS
The Plans, Specifications, Proposal, Advertisement, Information for Bidders, General Conditions, Special Conditions, Contract and all other documents contained herein shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. Whenever the term "contract documents" is used, it shall mean and include this contract, the Plans, Specifications, Proposal, Advertisement, Information for Bidders, General Conditions, Special Conditions, etc., bound with this document. In case of any conflict or inconsistency between the provisions of this contract, proposal, or the specifications, the provisions of this Contract shall govern.
2. WORK
The term "Work" as used herein, refers to and includes all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for or incidental to the carrying out and completion of the terms of this Contract.
3. EXTRA WORK
The term "Extra Work" as used herein, refers to and includes work required by the Owner, which in the judgement of the Engineer, involves changes in or additions to that required by the Plans and Specifications in their present form.
4. ENGINEER
In the performance of the work, the Owner shall be represented by the Engineer, or by any other person, or persons, designated by the Engineer as his/her assistants.
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5. NOTICE
The term "Notice" as used herein shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to or at the last known business address of the person, firm, or corporation for whom intended, or to his/her, their, or its duly authorized agent, representative or office; or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm, or corporation at his/her, their, or its last known business address and deposited in a United States mailbox.
6. SCOPE OF THE WORK
The Contractor will furnish all labor, materials, supplies, equipment and other facilities and things necessary or proper for or incidental to the work contemplated by this contract as required by and in strict accordance with the applicable plans and specifications prepared by the Engineer.
7. COMMENCEMENT OF WORK
The Contractor must commence work within ten (10) days after being notified by the Engineer to commence the project.
8. TIME FOR COMPLETION
The Time For Completion shall be as specified in “Information For Bidders - Section 8” unless modified in accordance with Section 109-05 of the “New York State Department of Transportation Standard Specifications (US Customary Units)”, current addition at time of advertisement for bid, with all addenda.
9. LIQUIDATED DAMAGES
The Owner and Contractor agree that the amount of liquidated damages specified in the “General Conditions - Article 8” shall apply.
10. EXTRA WORK - INCREASED COMPENSATION
The Owner may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be as described in the General Conditions – Article 7.
11. CERTIFICATE OF COMPLETION
Upon the completion of all work, whatsoever required, the Engineer shall file a written certificate with the Owner and with the Contractor as to the entire amount of work performed, and compensation earned by the Contractor, including Extra Work and compensation therefor.
12. PAYMENTS
Within thirty (30) days after the filing of the Completion Certificate by the Engineer, the Owner shall pay to the Contractor the amount therein stated, less all prior payments and advances whatsoever to, or for, the account of the Contractor. All prior estimates and payments, including those relating to Extra Work, shall be subject to correction by this payment, which is throughout this Contract called "Final Payment".
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13. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
a) That he/she is financially solvent and that he/she is experienced in and competent to perform the type of work or to furnish the plant, materials, supplies, or equipment to be so performed or furnished by him; and
b) That he/she is familiar with all Federal, State and Municipal laws, ordinances and regulations, which may in any way affect the work or those employed therein, including, but not limited to, any special acts relating to the work or to the project of which it is a part; and
c) That such temporary and permanent work required by the contract documents as is to be done by him can be satisfactorily constructed and used for the purposes for which it is intended, and that such construction will not injure any person or damage any property; and
d) That he/she has carefully examined the plans, the specifications, and the site of the work, and that, from his/her own investigations, he/she has satisfied himself as to the nature and location of the work, the character, quality and quantity of surface and subsurface materials likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions, and all other materials which may in any way affect the work or its performance.
14. PROTECTION OF WORK AND PROPERTY
The Contractor will continuously and adequately protect that portion of the work to be performed by him against damage and will protect all materials and supplies to be furnished by him, or by the Owner, whether or not incorporated in the work against damage from any cause, and will make good any such damage unless it be due directly to errors in the contract documents or be caused by agents or employees of the Owner. To the extent required by law, by public authority or by local conditions.
15. OWNER'S RIGHT TO WITHHOLD PAYMENTS
The Owner may withhold from the Contractor so much of any approved payments due him as may in the judgement of the Owner be necessary, (a) to assure the payment of just claims then due and unpaid of any person supplying labor or materials for the work; (b) to protect the Owner from loss due to defective work not remedied; or (c) to protect the Owner from loss due to injury to persons or damage to the work or property of other Contractors, Subcontractors, or others caused by the act or neglect of the Contractor or of any of his/her Subcontractors. The Owner shall have the right as agent for the Contractor to apply any such amounts not withheld in such manner as the Owner may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor.
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16. OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If, (a) the Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or (b) a receiver or liquidator shall be appointed for the Contractor of for any of his/her property and shall not be dismissed within 20 days after such appointment or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (c) the Contractor shall refuse or fail, after notice of warning from the Engineer to supply enough properly skilled workmen or proper materials, or (d) the Contractor shall refuse or fail to execute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to make prompt payment to persons supplying labor or materials for the work, or (e) the Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, administrative and inspection services, and any damage for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his/her sureties shall be liable to the Owner for such excess. if the right of the Contractor to proceed with the work is so terminated, the Owner may take possession of and utilize in completing the work such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary therefor. If the Owner does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work.
17. ALL WORK SUBJECT TO CONTROL OF ENGINEER
In the performance of the work, the Contractor shall abide by all orders, directions and requirements of the Engineer, and shall perform all work to the satisfaction of the Engineer, and at such time and places by such methods and in such manner and sequence as he/she may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work order and shall decide all other questions in connection with the work. The Contractor shall employ no plant, equipment, materials, methods or men to which the Engineer objects, and shall remove no plant, material, equipment or other facilities from the site of the work without the Engineer's permission. Upon request, the Superintendent shall confirm in writing any oral order, direction, requirement or determination.
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IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals and have executed this agreement the date and year written.
DATED:______, 20_____.
CITY OF AUBURN, NEW YORK
By:______( S E A L ) Michael D. Quill Mayor
______Contractor's Signature
( S E A L ) ______Typed Name & Title
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STATE OF NEW YORK ) ) SS: COUNTY OF CAYUGA
On this _____ day of ______, 20___, before me came MICHAEL D. QUILL, to me known, who being by me duly sworn, did depose and say that he resides in the City of Auburn, New York; that he is the Mayor of the CITY OF AUBURN, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that it was so affixed by order of said Council of the City of Auburn, and that he signed his/her name thereto by like order.
______(Notary Public)
STATE OF NEW YORK ) ) SS: COUNTY OF ______)
On this _____ day of ______, 20___, before me personally came
______, to me known, who being by me duly sworn, did depose and say that he/she resides in ______, that he/she is the
______of ______, the corporation described herein and which executed the foregoing instrument, that he/she signed his/her name thereto by like order.
______(Notary Public)
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CORPORATION ACKNOWLEDGEMENT
STATE OF NEW YORK ) ) SS: COUNTY OF ______)
On this ______day of ______, 20_____, before me personally appeared
______, known to me as an officer of
______, the corporation that executed the within instrument, and acknowledged to me that he/she executed the same as such officer, in the name of and for and on behalf of the said corporation.
In witness whereof, I have hereby set my hand and seal.
______(Notary Public)
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PARTNERSHIP ACKNOWLEDGEMENT
STATE OF NEW YORK ) ) SS: COUNTY OF ______)
On this _____ day of ______, 20____, before me personally appeared
______, known to me as one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.
In witness whereof, I have hereby set my hand and seal.
______(Notary Public)
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INDIVIDUAL'S ACKNOWLEDGEMENT
STATE OF NEW YORK ) ) SS: COUNTY OF ______)
On this _____ day of ______, 20____, before me personally appeared
______, to me known to be one of the persons described in and who executed the foregoing instrument, and duly acknowledged that he/she executed the same.
In witness whereof, I have hereby set my hand and seal.
______(Notary Public)
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CORPORATE RESOLUTION
I hereby certify that a meeting of the Board of Directors of ______
______, a corporation duly organized and existing under the
laws of the State of ______, and having its principal place of business as set forth in its certificate of incorporation in ______held on
______(Date), a quorum being present, the following resolution was duly adopted:
RESOLVED THAT: ______, that he/she is the ______of the corporation herein described, and can execute instruments of ______
______.
I hereby certify that the names and signatures of the persons holding the titles, if any, referred to in the foregoing resolution are as follows:
NAME TITLE OF OFFICER SIGNATURE
Witness my hand and the seal of the corporation this ___ day of ______, 20____.
______(Secretary)
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CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, the duly authorized and acting legal representative of the City of Auburn, New York do hereby certify as follows:
I have examined the foregoing CONTRACT and surety bonds 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 terms, conditions and provisions thereof.
______Signature
______Name & Title
Date:______
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AGREEMENT BONDS
(ATTACH PERFORMANCE BOND HERE)
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AGREEMENT BONDS
(ATTACH LABOR & MATERIALS BOND HERE)
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CERTIFICATE OF INSURANCE
(ATTACH INSURANCE CERTIFICATE HERE)
REFER TO GENERAL CONDITIONS – ARTICLE 10 FOR ADDITIONAL INSURED REQUIREMENTS
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GENERAL CONDITIONS
Article 1 - Definitions
Article 2 - Contract Drawings & Specifications
Article 3 - Authority of Engineer
Article 4 - Contractor Status
Article 5 - Assignments and Sub-Contracts
Article 6 - Rights to Terminate Contract
Article 7 - Payment
Article 8 - Time for Completion
Article 9 - Subsurface Conditions
Article 10 - Insurance & Bonds
Article 11 - Wage Rates
Article 12 – Miscellaneous
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GENERAL CONDITIONS
ARTICLE 1 DEFINITIONS
1.1 Definitions: Whenever the words herein defined or pronouns used in their stead occur in this Contract, they shall have the meanings here given:
Any reference made to the masculine gender in the contract shall also include the female gender where applicable.
Owner: The word "Owner" shall mean the party of the first part above designated or any board, officer, or agent duly authorized to act for the said party of the first part in the matter covered by this contract.
Contractor: The word "Contractor" shall mean the party of the second part above designated entering into this contract for the performance of the work required, the legal representative of said party, or the agent appointed to act for said party in the performance of the work.
Engineer: The word "Engineer" shall mean that person or firm duly appointed by the Owner to undertake the duties herein assigned to the Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. The term "Architect" or "Architect/Engineer" shall have the same meaning as "Engineer".
Sub-Contractor: Any person, firm or corporation, other than the contractor, furnishing labor and materials or performing work under the supervision of the contractor.
Bid: The offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed Bid Form, properly signed and guaranteed.
Proposal Guaranty: The cashiers check, cash, or bidders bond, accompanying the Proposal submitted by the Bidder as guaranty that the Bidder will enter into a Contract with the Owner for the construction of the work if the Contract is awarded to them.
Performance Bond: The approved form of Contract Security furnished by the Contractor and their Surety as a guarantee of good faith on the part of the Contractor to execute the work in accordance with the terms and conditions of the Contract.
Surety: A person, firm or corporation who executes the Contractor's Bonds which are required in the Contract Documents.
Specifications: Shall be considered to include all of the General Conditions, General Specifications, Technical Specifications, and Special conditions included in the Contract Documents.
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Addendum or Addenda: Shall mean the additional contract provisions issued in writing by the Owner prior to the receipt of bids.
Written Notice: Written notice shall be considered as served when delivered in person or sent by Registered Mail to the Individual, Firm or Corporation, to the last known business address which was known to him/her that serves the written notice. It shall be the responsibility of each party to advise the other party as to any change in their business address until the completion of the Contract.
Act of God: An Act of God constitutes an earthquake, flood, cyclone, or any cataclysmic phenomenon of nature. Rain, wind, flood, or other nature phenomenon of normal intensity for the locality shall not be construed as an Act of God. No reparation shall be made to the Contractor for damages resulting therefrom.
Project: The entire improvement as proposed by the Owner to be provided in part, or in whole, pursuant to and within the Contract.
The Work: Whenever the term "the work" is used herein: then shall be interpreted to mean the work, including all materials, labor, tools, machinery, plant, services, and all appliances and appurtenances necessary to perform and complete everything specified, or implied, in the Plans or in this Contract, in full compliance with all the terms and conditions thereof.
Inspector: The term "Inspector" shall mean the authorized representative of the Owner, or of the Engineer, whose duties are to witness that all operations performed by the Contractor are in accordance with the requirements of the Contract Documents, and that any changes in work directed by the Engineer during construction are properly made.
The words "as directed", "as permitted", as required", or words of like effect shall mean that the direction, permission, or requirement of the Engineer is intended; the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, or acceptable to, or satisfactory to the Engineer; and the words "necessary", "suitable", "equal", or words of like import shall mean necessary, suitable or equal in the opinion of the Engineer.
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GENERAL CONDITIONS
ARTICLE 2 CONTRACT DRAWINGS AND SPECIFICATIONS
2.1 Intent of Contract Drawings and Specifications: The Contract Drawings and Specifications are complementary, and what is called for by either one shall be binding as if called for by both. The intent of the Contract Documents is to include in the Contract price: all labor and materials, tools, plant, equipment, transportation, and all other expenses necessary for the proper execution of the work unless otherwise specifically noted. The Contractor shall do all the work as shown on the Drawings and described in the Specifications along with all incidental work considered necessary to complete the project in a substantial and acceptable manner; and to fully complete the work, or improvement, ready for use and operation by the Owner.
2.2 Adequacy of Drawings and Specifications: Responsibility for the adequacy of the Drawings and Specifications shall be borne by the Owner. The complete requirements of the work to be performed under the Contract shall be set forth in the Drawings supplied by the Engineer, acting as a representative of the Owner. The Drawings and Specifications furnished shall be in accordance with the Contract Documents, and shall be true and accurate developments thereof.
2.3 Detail Drawings and instructions: The Engineer shall furnish with reasonable promptness additional instructions; by means of Drawings or other methods, information necessary for the proper execution of the work. All such Drawings and Instructions shall be consistent with the Contract Documents, be true developments thereof, and reasonably inferable therefrom. The work shall be executed in conformity with such Detail Drawings and Instructions, and the Contractor shall do no work without proper Drawings and Instructions.
If there is a conflicting variance between Drawings and Specifications, the Specifications shall control. In case of conflict between the General Conditions or the General Specifications and the Technical Specifications, the Technical Specification requirements shall control. In case of any conflict between the Technical Specifications and the Payment Item Sections, the Payment Item Sections shall govern.
Any discrepancies found between the Drawings and the Specifications and site Conditions; or errors and omissions in the Drawings and Specifications, shall be immediately reported to the Engineer who shall promptly correct such error or omission in writing. Any work done by the Contractor after discovering such discrepancies, errors, or omissions, shall be done at the Contractor's risk.
2.4 Shop Drawings: The Contractor shall provide shop drawings, settings, schedules, and such other drawings that may be necessary for the prosecution of the work in the shop and in the field as required by the Drawings, Specifications, or Engineer's instructions. Deviations from the Drawings and Specifications shall be called to the attention of the Engineer at the time of the first submission of shop drawings and other drawings for approval. The Engineer's approval of any drawings shall not release the Contractor from responsibility for such deviations. Shop drawings shall be submitted according to the following schedule:
a. Three (3) copies shall be submitted at least thirty (30) days before the materials indicated thereon are to be needed, or earlier if required to prevent delay of the work.
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b. The Engineer shall, within fourteen (14) days of the submittal of any shop drawings, return one (1) copy to the Contractor marked with all corrections and changes.
c. The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the Engineer.
d. Following completion of such corrections and changes, the Contractor shall furnish the Engineer two (2) copies of the shop drawings conforming to the required corrections and changes.
2.5 Quality of Equipment and Materials: In order to establish standards of quality, the Engineer has, in the Technical Specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers when fully suitable in design.
a. The Contractor shall furnish a complete list of proposed desired substitutions prior to signing of the Contract together with such Engineering and Catalog Data as the Engineer may require.
b. The Contractor shall abide by the Engineer's judgment when proposed substitute materials or items of equipment are judged to be unacceptable, and shall furnish the specified material or items of equipment in such case. All proposals for substitution shall be submitted in writing by the General Contractor, proposals for substitution shall be submitted in writing by the General Contractor, and not by individual trades or material suppliers. The Engineer will approve of disapprove proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved in writing.
2.6 Equipment Approval Data: The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the work; including specific performance data, material description, rating, capacity, working pressure, material gage or thickness, brand name, catalog number, and general type.
a. This submission shall be compiled by the Contractor, and approved by the Engineer before any of the equipment is ordered.
b. Each Data Sheet or Catalog in the submission shall be indexed according to Specification Section and Paragraph for easy reference.
c. After written approval, this submission shall become a part of the Contract, and may not be deviated from except upon written approval of the Engineer.
d. Catalog Data for equipment approved by the Engineer does not in any case supersede the Engineer's Contract Documents. The approval of the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications, unless he/she had, in writing, called the Engineer's attention to such deviations at the time of submission; nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the Catalog Data with the Engineer's Contract Documents for deviations and errors.
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e. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. The Contractor shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment so that the final installation shall suit the true intent and meaning of the Drawings and Specifications.
f. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly and in harmony with the intent of the Drawings and Specifications. The Contractor shall make all changes in the work required by the different arrangement of connections.
2.7 Copies of Drawings and specifications: The Engineer shall furnish the Contractor, free of charge, up to three (3) copies, of the Contract Drawings and Specifications as are reasonably necessary for the proper execution of the work. The Contractor shall keep one copy of all Drawings and Specifications in good order at the Project Site. These shall be available to the Engineer and his/her representatives.
2.8 Samples: All samples called for in the Specifications, or required by the Engineer, shall be furnished by the Contractor and submitted to the Engineer for his/her approval. Samples shall be furnished so as not to delay fabrication, but allowing the Engineer reasonable time for the consideration of the samples submitted.
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GENERAL CONDITIONS
ARTICLE 3 AUTHORITY OF ENGINEER
3.1 Authority of the Engineer: The Engineer shall be the Owner's representative during the life of this contract and shall observe the work in progress on behalf of the Owner. The Engineer shall have authority to act on behalf of the Owner only to the extent expressly provided in the Contract Documents or otherwise in writing, which shall be shown to the Contractor. The Engineer shall have authority to stop the work whenever such stoppage may be necessary in the Engineers reasonable opinion to prevent improper execution of the work.
The sequence of execution of the work and the general conduct of the work shall be subject to the approval of the Engineer who shall have authority to direct that changes be made in such sequence where public necessity or welfare shall require, which approval or direction shall, however, in no way affect the responsibility of the Contractor in the conduct of the work.
The Engineer shall make all necessary explanations as to the meaning and intention of the drawings and specifications. The Engineer shall in all cases determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this contract, shall determine all questions in relation to said work and the construction thereof, and in all cases shall decide every question of fact which may arise relative to the fulfillment of this contract. In the event that a determination or decision of the Engineer is questioned by the Contractor, the decision of the Engineer shall be a condition precedent to the Contractor's right to receive any money for the work or materials to which the question or difference in opinion relates.
If the Contractor considers any work demanded of them to be outside the requirements of the Contract or if the Contractor considers any decision or determination of the Engineer to be unfair, the Contractor shall immediately upon such work being demanded or such decision or determination being made, ask in writing for written instructions, decision or determination. Such instructions, decision, or determination shall be given by the Engineer, in writing, within five days after the request therefore. Upon receipt of such written instruction, decision, or determination, the Contractor shall proceed without delay to perform the work or conform to the instructions, decision, or determination. Within 10 days after receipt of the written instructions, decision or determination, the Contractor may file a written protest with the Owner stating clearly and in detail their objections, the reasons therefore, and the nature and amount of damages which the Engineer's decision will cause the Contractor. A copy of such protest shall be filed with the Engineer at the same time as it is filed with the Owner. Unless the Contractor shall file such written protest with the Owner within 10-day period, the Contractor shall be deemed to have waived all grounds for such protests and such damages and to have accepted the instruction, decision, or determination of the Engineer as just and reasonable and as being within the scope of the Contractor's obligations under the Contract.
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Neither the inspection by the Engineer, Owner, or any of its employees, nor any order of the Owner for payment of money, nor any order, measurement or certificate by the Engineer, nor payment for, nor acceptance of the whole or any part of the work by the Engineer or Owner, nor any extension of time, nor any possession taken by the Owner or employees shall operate as a waiver of any provision of this Contract, or of any power herein reserved to the Owner or of any right to damage herein provided nor shall any waiver of any breach of this Contract be held to be a waiver of any other subsequent breach. All remedies in this Contract shall be taken and constructed as cumulative; that is, in addition to each and every other remedy, herein provided, and the Owner shall have any and all equitable and legal remedies which they would in any case have.
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GENERAL CONDITIONS
ARTICLE 4 CONTRACTOR'S STATUS
4.1 Contractor's Address: Both the address given in the Bid upon which the Contract is founded and the Contractor's office at or near the site of the work are hereby designated as places to either of which notice, letters or other communications to the Contractor may be delivered. The delivering at either of the above named places, or depositing in a post-paid wrapper, directed to either of the above places, in any post office box regularly maintained by the U.S. Postal Department, or any notice, letter or other communication to the Contractor, shall be deemed sufficient service thereof upon the Contractor and the date of said service shall be the date of such delivery or mailing. The first named address may be changed at any time by an instrument in writing executed by the Contractor and addressed for delivery to the Owner.
Nothing herein contained shall be deemed to preclude or render inoperative the service of any notice, letter or other communication upon the Contractor or his/her authorized representative personally.
4.2 Obligations and Liability of Contractor: The Contractor shall do all the work and furnish all the materials, tools, and appliances, except as otherwise specified herein, and everything necessary or proper for performing and completing the work required by this contract in the manner and within the time hereinafter specified. The Contractor shall complete the entire work to the satisfaction of the Engineer, in accordance with the specifications and drawings herein mentioned, and at the prices herein agreed upon and therefore fixed. All the work, labor and materials to be done and furnished under this contract shall be done and furnished strictly pursuant to and in conformity with the attached specifications and directions of the Engineer as given from time to time during the progress of the work under the terms of this contract and also in accordance with the contract drawings.
The Contractor shall coordinate his/her operations with those of any other contractors who may be employed on other work of the Owner, shall avoid interference therewith, and shall cooperate in the arrangements for storage of materials. The Contractor shall conduct his/her work so as to interfere as little as possible with private business and public travel. Wherever necessary or required, and at his/her own expense, he/she shall maintain fences, furnish watchmen, maintain lights, and take such other precautions as may be necessary to protect life and property.
The Contractor shall take all responsibility for the work done under this Contract, for the protection of the work, and for preventing injuries to persons and damage to property and utilities on or about the work. He/she shall in no way be relieved of his/her responsibility by any right of the Engineer to give permission or directions relating to any part of the work, by any such permission or directions given, or by failure of the Engineer to give such permission or directions. The Contractor shall bear all losses resulting to him or to the Owner on account of the quantity or character of the work, because the nature of the land in or on which the work is done is different from what was estimated or expected, or on account of the weather, elements, or other causes.
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4.2A Indemnification: To the full extent permitted by law, the contractors shall indemnify and hold harmless the Owner, its officers, agents and employees from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the work done under this contract, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the contractor, subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or person described in this paragraph.
To the full extent permitted by law, Contractor will indemnify and hold harmless the owner, its officers, agents and employees from any and all liability imputed to the Owner by statute as a result of the failure of the Contractor, subcontractor, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, to comply with any and all requirements of the Labor Law and any regulations promulgated thereunder.
Any claims against any person or entity indemnified under this paragraph by an employee of the contractor, subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation of this paragraph shall not be limited by limitation on amount or type of damage, compensation or benefits payable by or for the contractor or subcontractor under Worker's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts.
4.3 Patents: The Contractor shall indemnify, keep and save harmless the Owner from all liabilities, judgments, costs, damages and expenses which may in any way arise against the owner by reason of the use of any patented material, machinery, devices, equipment or processes furnished or used in the performance of the work under the Contract or by reason of the use of patented designs furnished by the Contractor and accepted by the Owner.
4.4 Rights of Way: The Owner shall provide all rights of way, and easements, as shown on the drawings for any construction outside of the public rights of way. The Contractor shall conduct all of his/her operations within the public rights of way or private property, in such a manner as to cause the minimum inconvenience and disturbance of the property. Any additional private land, or access, not shown on the drawings that may be required for temporary construction facilities, or storage of materials shall be provided by the Contractor with no liability to the Owner.
4.5 Project Superintendent: The Contractor shall keep on his/her work during the hours of construction a competent superintendent who is acceptable to the Engineer The superintendent shall have full authority to act in the behalf of the Contractor, and all directions given to the superintendent shall be considered as given to the Contractor. In general, the Engineer's instructions shall be given in writing, and always in writing upon written request from the Contractor. The Engineer shall not be responsible for acts and omissions of the superintendent. The Contractor shall give efficient supervision to the work while using his/her best skills in the performance of his/her duties.
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4.6 Examination of Completed Work: If the Engineer requests it, the Contractor at any time before the acceptance of the work shall remove, or uncover, such portions of the finished work as may be directed. After the examination the Contractor shall promptly replace and restore the said portions of the work in accordance with the specifications. The cost of such work shall be paid for by the Owner as extra work should the work so exposed prove acceptable in accordance with the specifications, but should the work so exposed prove unacceptable, the cost of such work shall be at the Contractor's expense.
4.7 Work During an Emergency: The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he/she shall notify the Engineer of the emergency as soon as practicable, but he/she shall not wait for instruction before proceeding to properly protect both life and property.
4.8 Owner's Right to do Work: If the Contractor should neglect to prosecute the work properly or fail to perform any provision of the Contract, the Owner, after three (3) days written notice to the Contractor and his/her surety, may, without prejudice to any other remedy he/she may have, make good such deficiencies and may deduct the cost thereof from the payment due the Contractor.
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GENERAL CONDITIONS
ARTICLE 5 ASSIGNMENTS AND SUB-CONTRACTS
5.1 The Contractor shall keep the Contract under his/her control and shall not assign, by power of attorney or otherwise, any portion of said work, or any monies payable under the Contract or his/her claim thereto, unless by the previous approval of the Owner and the Surety. No part of this work shall be sublet except to parties skilled in and equipped properly for the same and satisfactory to the Engineer and approved by the Owner.
In the event that the Contractor desires to subcontract any part of the work, he/she shall first submit to the Engineer a statement showing the character and amount of the work to be subcontracted and the part or parties to whom it is proposed to subcontract the same. If requested by the Engineer, he/she shall also furnish a statement as to his/her or their experience, financial ability, or other qualifications for properly performing the work proposed to be subcontracted. The Owner reserves the right to limit the total amounts of the subcontracts to fifty (50) percent of the total Contract price. It is understood and agreed that such subcontracting shall not directly or indirectly release or modify the responsibility of the Contractor for the satisfactory and entire completion of the work under the Contract and each and every part and portion thereof and that the Owner shall not be liable to any subcontractor for any lien on structures to be built hereunder or claim on moneys due the Contractor or any other lien, claim, or damages whatsoever, and that no contractual obligation is created between the Owner and the subcontractor.
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GENERAL CONDITIONS
ARTICLE 6 TERMINATION OF CONTRACT
6.1 Owner's Right to Stop Work or Terminate Contract: The Owner, without prejudice to any other rights or remedy it may have, may by seven days notice to the Contractor, terminate the employment of the Contractor and his/her right to proceed, either as to the entire work or (at the option of the Owner) as to any portion thereof to which delay shall have occurred, and may take possession of the work and complete the work by Contract or otherwise, as the Owner may deem expedient in the event of any of the following:
a. The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or
b. A receiver or liquidator shall be appointed for the Contractor or for any of his/her property, or
c. The Contractor shall refuse or fail, after notice from the Engineer, to supply enough properly skilled workmen or proper materials, or
d. The Contractor shall refuse or fail to prosecute the work with such diligence as will insure its completion within the period specified,
e. The Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or
f. The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract.
g. The Contractor fails to commence work within ten (10) days of receipt of notification by the Engineer to commence work.
If the Owner stops or terminates, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor.
6.2 Contractor's Right to Stop Work or Terminate Contract: If the work shall be stopped by an order of the court, or any public official, for a period of three (3) months, without any act or fault of the Contractor or any of his/her agents, servants or employees, the Contractor may, upon ten (10) days notice to the Owner, discontinue his/her performance of the work and/or terminate the Contract.
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GENERAL CONDITIONS
ARTICLE 7 PAYMENT
7.1 Request for Payment: The Contractor shall submit periodically, but not more than once each month, a request for payment for work completed.
7.2 Engineer's Action for Request for Payment: Within thirty (30) days of submission for payment by the Contractor, the Engineer shall review the quantities, costs, and the Engineer shall:
a. Recommend to the Owner (City Council) to withhold payment, informing the Contractor in writing, reasons for not recommending payment.
b. Recommend the Owner pay the estimate approved by the City Manager.
7.3 Method of Determining Payments to the Contractor: The Contractor shall prepare a monthly estimate based on the work performed under the Contract. The estimates of work completed shall be determined by field measurement of the quantity of work completed to which the unit prices stated in the bid shall be applied. Where a lump sum price is stated in the bid for an item, the amount due from such an item shall be based on an estimate of the percentage of the item completed. The method of measurement shall be as stated in the detail specifications. Each estimate shall be computed by fixing the total value of work completed to that date less all previous payments.
The Owner shall not hold any retainage from the Contractor and the Contractor shall not hold any retainage from any Subcontractor.
7.4 Payments Withheld: The Owner may withhold payments in whole or in part on the estimated payments due to the extent necessary to protect himself from loss on account of any of the following causes discovered subsequent to approval of a request for payment by the Engineer.
a. Defective work not remedied.
b. Evidence of claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor.
c. Failure of the contractor to make payments to subcontractors for materials or labor.
d. A reasonable doubt that the Contract can be completed for the balance unpaid.
e. Damage to another Contractor.
When the above grounds are removed, payments shall be made for amounts withheld because of them. The Owner shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph who are entitled to payment therefrom. The Owner will render to the Contractor a proper accounting of all such funds in behalf of the Contractor.
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7.5 Payment for Uncorrected Work: Should the Owner deem it expedient to accept work that has been damaged or that was not performed in accordance with the Contract Documents, the Engineer shall direct the Contractor not to correct the work and an equitable deduction from the contract amount shall be made to compensate the Owner.
7.6 Payment for Rejected Work and Material: The removal of all work and material rejected by the Engineer and the re-execution of acceptable work by the Contractor shall be at the expense of the Contractor, and the Contractor shall pay the cost of replacing the work destroyed and damaged by the removal of the rejected work or material and the subsequent replacement of acceptable work. The cost of removal of rejected work or material and storage of such material by the Owner in accordance with Contract Documents shall be paid by the Contractor within thirty (30) days after written notice is given by the Owner.
If the Contractor does not pay the expense of such removal after ten (10) days written notice being given by the Owner, the Owner shall dispose of the material and deduct all the costs and expenses that should have been borne by the Contractor from moneys due the Contractor.
7.7 Extra Work Payments: Written notice of claims for payment for extra work shall be given by the Contractor within ten (10) days after receipt of instructions from the Owner as approved by the Engineer to proceed with extra work and also before any work is commenced. No claim shall be valid unless so made.
The Contractor will be compensated for extra work under existing unit prices in accordance with Section 109-02 Compensation for Altered Quantities, by agreed price in accordance with Section 109-05A. Agreed Price Work, or by force account in accordance with Section 109-05B. Force Account Work of the NYSDOT Standard Specifications.
7.8 Payment of Work Suspended by the Owner: If the work or any part thereof shall be suspended by the Owner or abandoned by the Contractor, the Contractor will then be entitled to payment for work done on the portions so abandoned.
7.9 Payment for Work by the Owner: The cost of all work performed by the Owner in correcting deficiencies shall be paid by the Contractor. Upon termination of the Contract by the Owner, no further payments shall be due the Contractor until the work is completed. If the cost of completing the work shall exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The cost incurred by the Owner as herein provided, and the cost incurred through the Contractor's default, shall be certified by the Owner, and approved by the Engineer.
7.10 Release of Liens: The Contractor shall deliver to the Owner a complete release of all liens arising out of the Contract before the retained percentage or before final request for payment is made. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner amounts as the Owner may have been compelled to pay in discharging such liens including all costs and reasonable attorney fees.
7.11 Final Acceptance of Work: When in the opinion of the Engineer the Contractor has fully performed the work under the contract, the Engineer shall recommend to the Owner the acceptance of the work so completed. If the Owner accepts the recommendation of the Engineer, he/she shall thereupon by letter notify the Contractor, with copies to other interested parties, of such acceptance. Prior to the final acceptance of the work by the Engineer, the contract work may be inspected, accepted and approved by other agencies and/or municipalities who will have jurisdiction of the work after final acceptance.
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Final acceptance shall be final and conclusive except for defects not readily ascertainable by the Owner, actual or constructive, fraud, gross mistakes amounting to fraud or other errors which the Contractor knew or should have known about as well as the Owner’s rights under any warranty or guarantee. Final acceptance may be revoked by the Owner at any time prior to the issuance of the final check by the Owner’s discovery of such defects, mistakes, fraud or errors in the work.
7.9 Final Payment: After the final acceptance of the work, the Engineer shall prepare a final agreement of the work performed and the materials placed and shall determine the value of such work and materials under and according to the terms of the contract.
Work remaining to be accomplished under an Uncompleted Work Agreement shall be considered as completed work for the purpose of the final agreement, provided the Uncompleted Work Agreement has been executed in accordance with Section 109-10 Uncompleted Work Agreement of the NYSDOT Standard Specifications. Work accomplished under a warranty agreement shall be considered as completed work for the purpose of the final agreement, provided the warranty agreement has been executed and any required bond deposited by the Contractor.
This final agreement shall be certified, as to its correctness, by the Engineer. Upon approval of such final agreement by the Engineer, it shall be submitted to the Owner for final approval. The right, however, is hereby reserved to the Owner to reject the whole or any portion of the final agreement, should the said certificate of the Engineer be found or known to be inconsistent with the terms of the agreement or otherwise improperly given. All certificates upon which partial payments may have been made, shall be subject to correction in the final certificate or final agreement.
7.12 Estimated Quantities: The Contractor agrees that the estimated quantities stated in the bid are only for the purpose of comparing, on a uniform basis, the bids offered for the work under the Contract, and the Contractor further agrees that they are satisfied with and will at no time dispute the said estimated quantities as a means of comparing the bids aforesaid; that the Contractor will make no claim for anticipated profits or loss of profits because of a difference between the quantities of the various classes of work actually furnished and the said estimated quantities, and the Contractor agrees that the Owner shall not be held responsible if, in the construction of the work any of the said estimated quantities should be found to be not even approximately correct, and that the Engineer may without alteration or modification of the Contract, increase, or omit the amount of any class or portion of the work as may be deemed necessary.
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GENERAL CONDITIONS
ARTICLE 8 TIME FOR COMPLETION
8.1 Time for Completion: It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the work order. The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner Liquidated Damages and/or Engineering Charges as set forth in Section 8.2 Failure to Complete Work on Time.
It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:
A. to any preference, priority or allocation order duly issued by the Government;
B. to unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to acts of God, or of the public enemy, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
8.2 Failure to Complete Work On Time: For each calendar day, or any portion thereof, that any work remains uncompleted after the contract completion date specified in the contract agreement, Liquidated Damages and/or Engineering Charges from the contract completion date to the final date of completion of the work will be assessed against the Contractor. Liquidated Damages will be assessed not as a penalty, but as liquidated damages; provided however that due account shall be taken of any adjustment of the contract time for completion of the work as provided for in Section 8.3 Adjustment of Contract Time.
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A. Engineering Charges. Engineering Charges include all appropriate engineering and inspection expenses incurred by the Owner, its consultants and inspection agencies, and by railroad companies.
Engineering Charges will be assessed in cases where the work has been unduly delayed by the Contractor because of unwarranted reasons, inefficient operation, or for any other reason for which the Owner determines the Contractor to be responsible. Reasonable time necessary for reviews of shop drawings by the Owner or its agents, for changes or additions to the work to meet field conditions which do not significantly affect the scheduled completion of the contract, delays incurred by seasonal and weather limitations, localized labor actions and shortages of supplies or materials, and other situations which should be anticipated are neither compensatory nor eligible for extensions of time without the assessment of Engineering Charges, except as provided for under Section 8.3 Adjustment of Contract Time.
Before assessing Engineering Charges, the Owner will give due consideration to factors attributing to such delay due to extenuating circumstances beyond the control of the Contractor limited to the following:
1. The work or the presence on the contract site of any third party, including but not limited to that of other contractors or personnel employed by the Owner, by other public bodies, by railroad, transportation or utility companies or corporations, or by private enterprises, or any delay in progressing such work by any third party except as indicated or disclosed in the contract documents or ordinarily encountered or generally recognized as inherent in the work. 2. The existence of any facility or appurtenance owned, operated, or maintained by any third party, except as indicated or disclosed in the contract documents or ordinarily encountered or generally recognized as inherent in the work. 3. The act, or failure to act, of any public or governmental body, railroad, transportation or utility companies or corporations, including, but not limited to, approvals, permits, restrictions, regulations or ordinances not attributable to a Contractor's submission, action or inaction or Contractor's means and methods of construction. 4. Restraining orders, injunctions, or judgments issued by a court not caused by a Contractor's submission, action or inaction or Contractor's means and methods of construction. 5. Any industry-wide labor boycotts, strikes, picketing or similar situations, as differentiated from jurisdictional disputes or labor actions affecting a single or small group of contractors or suppliers. 6. Any industry-wide shortages of supplies or materials required by the contract work, as differentiated from delays in delivery by a specific or small group of suppliers. 7. Unusually severe storms of extended duration or impact, other than heavy storms or climatic conditions which could generally be anticipated by the bidders, as well as floods, droughts, tidal waves, fires, hurricanes, earthquakes, landslides, or other catastrophes. 8. Decisions by the Owner to open certain sections of the contract to traffic before the entire work is completed.
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9. Significant changes in contract quantities, major extra contract work, delays in the review or issuance of change orders or field change sheets, or delays beyond the established time periods for review and approval for shop drawings, which significantly affect the overall completion of the contract. 10. Any situation which was beyond the contemplation of the parties at the time of entering into the contract. 11. Award of the contract by the Owner more than 45 days beyond the letting date.
B. Liquidated Damages. Liquidated damages will be in the amount per calendar day specified in Schedule of Liquidated Damages, in addition to Engineering Charges as provided for in Section 8.2A Engineering Charges.
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 constitute a waiver on the part of the Owner of any of its rights under the contract.
The Contractor is responsible and liable for said liquidated damages even in the event that the Contractor abandons the performance of the contract or the Contractor's employment is terminated pursuant to the provisions of this contract.
SCHEDULE OF LIQUIDATED DAMAGES Original Total Contract Bid Price Liquidated From More Than To and Including Damages per Calendar Day $ 0 $ 100,000 $ 500 $ 100,000 $ 500,000 $ 1,000 $ 500,000 $ 2,000,000 $ 1,500 $ 2,000,000 $ 5,000,000 $ 2,000 $ 5,000,000 $ 10,000,000 $ 2,500 $ 10,000,000 $ 20,000,000 $ 4,000 $ 20,000,000 - $ 7,000
8.3 Adjustment of Contract Time: If the Contractor is obstructed or delayed in the prosecution or completion of the Work by the neglect, delay, or default of any other contractors for adjoining or contiguous work, or by any damage that may happen hereto, by the unusual action of the elements, or by the abandonment of the Work by the employees in a general strike, or by any delay on the part of the Owner or Engineer doing work or furnishing material, the Contractor shall have no claim for damages against the Owner or Engineer for any such cause or delay, but may in such case be entitled to an extension of time specified herein for the completion of the Work, provided, however, that claim for such extension of time be made by the Contractor in writing within 30 calendar days from the time when such alleged cause for delay shall occur. Failure to submit an application for an extension within the time frame set forth herein shall be deemed a waiver by the Contractor of its right to receive an extension and no application submitted thereafter shall be considered by the Owner.
An application for an extension of time must set forth in detail the source and the nature of each alleged cause of delay in the completion of the Work, the date upon which case such cause of delay began and ended, and delay attributable to each of such causes. The Contractor shall,
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however, be entitled to an extension of time for such causes only for the number of calendar days of delay which the Owner may determine to be due to solely to such causes, and then only if the Contractor shall have strictly complied with all of the requirements of this Section.
The Contractor shall not be entitled to receive a separate extension of time for each one of several causes of delay operating concurrently, but, if at all, only for the actual period of delay in completion of the Work as determined by the Owner irrespective of the number of causes contributing to produce such delay. If one of several causes of delay operating concurrently results from any act, fault, or omission of the Contractor or of his/her subcontractors or materialmen, and would of itself (irrespective of the concurrent causes) have delayed the Work, no extension of time will be allowed for the period of delay resulting from such act, fault or omission.
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GENERAL CONDITIONS
ARTICLE 9 SUB-SURFACE CONDITIONS
9.1 Unusual Subsurface Conditions: The Contractor shall promptly and before such conditions are disturbed, notify the Engineer of:
a. Subsurface or latent physical conditions which are naturally different from those indicated in the plans and specifications.
b. Unknown physical conditions of the site, of the nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided in the Contract.
The Engineer shall promptly investigate the conditions, and if he/she finds such conditions do so materially differ so as to require a change in the Plans and Specifications, any increases in costs resulting therefrom shall be paid as extra work as provided in the Contract Documents. Where payment for extra work is authorized the Contract time shall be extended in the amount necessary to complete the extra work.
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GENERAL CONDITIONS
ARTICLE 10
INSURANCE AND BONDS
10.1 Insurance Requirements
1. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the contractor hereby agrees to effectuate the naming of the City of Auburn, herein referred to as the Municipality as an additional insured on the contractors and all subcontractor and sub-subcontractor policies (herein referred to as Contractor), with the exception of workers' compensation, N.Y. State Disability insurance and Professional Liability Insurance. If any policy is written on a claims-made basis, the retroactive date must precede the date of the contract.
2. The policies shall: A. Be an insurance policy from an A.M. Best rated "Secure" or better insurer, authorized to conduct business in New York State. A New York admitted insurer is preferred. The decision to accept specific insurers lies exclusively with the Municipality. B. The certificate of insurance must describe the specific services provided by the contractor (e.g., roofing, carpentry, plumbing, remediation, asbestos abatement, auditing, information technology consulting etc.) that are covered by the liability policies. C. At the Municipality's request, the contractor shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, the contractor will provide a copy of the policy endorsements and forms.
3. The contractor agrees to indemnify the Municipality for any applicable deductibles and self- insured retentions. To the fullest extent permitted by law, contractor agrees to defend, indemnify and hold harmless The City of Auburn, it’s officers, directors, agents and employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses including reasonable legal fees and costs arising in whole or in part and in any manner for acts, omissions, breach or default of Subcontractor, in connection with performance of any work by Contractor, it’s officers, directors, agents, employees and subcontractors.
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4. Required Insurance: A. Commercial General Liability Insurance 1. $1,000,000 per occurrence/ $2,000,000 general and products/completed operations aggregates and $1,000,000 personal & advertising injury. 2. The general aggregate shall apply on a per-project basis. 3. Contractual Liability Insurance with no non-standard exclusions 4. The Contractors coverage shall be primary and non-contributory coverage for the Municipality, its Board, employees and volunteers. 5. Waiver of Subrogation 6. 30 Day Notice of Cancellation or non-renewal to the City of Auburn 7. Additional insured status shall be provided by standard or other endorsements that extend coverage to the Municipality for both on-going and completed operations. 8. The decision to accept an endorsement rests solely with the Municipality. 9. A completed copy of the endorsements must be attached to the certificate of insurance 10. In addition to the Certificate of Insurance, a fully completed New York Construction Certificate of Liability Insurance Addendum (ACORD 855) must be included. For any “yes” answers on Items G through L on the Acord 855, additional details must be provided in writing. B. Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles.
C. Workers' Compensation, Employers Liability and NYS Disability Insurance Statutory Workers' Compensation, Employers' Liability Insurance and NYS Disability Insurance for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. Workers Compensation Certificate form C105.2 and NYS Disability form DB120.1 ACORD certificates are not acceptable.
A person seeking an exemption must file a CE-200 form with the state. The form may be completed and submitted online: http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp
D. Environmental Contractors Liability Insurance Environmental Contractors Liability is required if work includes asbestos, lead abatement &/or hazardous materials. All contractors, including prime & subcontractors, handling environmental exposures are required to provide this coverage.
With coverage for the services rendered for the Municipality, including, but not limited to removal, replacement enclosure, encapsulation and/or disposal of hazardous materials, along with any related pollution events, including coverage for third-party liability claims for bodily injury, property damage and clean-up costs. $2,000,000 per occurrence/$2,000,000, including products and completed operations. If a retroactive date is used, it must pre-date the inception of the contract. If the contractor is using
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motor vehicles to be used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage (ISO endorsement CA 9948 or equivalent) as well as proof of MCS 90.
This insurance shall be maintained for no less than three years after final completion.
Excess / Umbrella coverage must extend over Environmental Contractors Liability.
E. Professional Errors and Omissions Insurance If contractor &/or subcontractor will provide or furnish professional services under this contract, through a delegation of professional design services or otherwise, then Contractor & subcontractor shall be responsible for purchasing and maintaining applicable professional liability insurance.
$2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the consultant performed under the contract for the Municipality. If written on a “claims- made” basis, the retroactive date must pre-date the inception of the contract or agreement. Coverage shall remain in effect for two years following the completion of work.
F. Excess / Umbrella Insurance See Appendix A for required limits. Excess Coverage shall be on a follow-form basis.
G. Owners Contractors Protective Insurance See Appendix A to determine if required based on classification categories and for required limits.
H. Builders Risk Insurance or Installation Floater See Appendix 10-A to determine if required based on classification categories & for required limits. Coverage is required by Prime Contractor(s).
I. Railroad Protective Liability Policy Required if any construction or demolition operations are being performed on or within 50 feet of any railroad property, railroad bridge, trestle, track, roadbed, tunnel, underpass or crossing.
$2,000,000 each occurrence/$6,000,000 aggregate with the City of Auburn As Named Insured
5. Contractor acknowledges that failure to obtain such insurance on behalf of the Municipality constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Municipality. The contractor is to provide the Municipality with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities.
6. The Municipality is a member/owner of the NY Municipal Insurance Reciprocal (NYMIR). The contractor further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the Municipality but also NYSIR, as the Municipality's insurer.
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7. Additional Insured: All insurance policies required by the specifications except workers’ compensation, NYS disability and professional liability shall be endorsed to provide coverage to the following additional insured parties:
City of Auburn C&S Engineers, Inc. Prudent Engineering, LLP New York State Department of Transportation
Include in the list of Additional Insured Parties any public benefit corporation, railroad, or public utility whose property or facilities are affected by the work. Coverage must also be provided for any consultant inspecting engineer or inspector working for or on the project, and their agents or employees.
Failure to list a firm, organization, or municipality, etc., does not eliminate the requirement to provide such coverage.
10.2 Bond Requirements
1. Security for Faithful Performance: Simultaneously with his/her delivery of the executed Contract, the Contractor shall furnish in a form satisfactory to the Owner, a Performance Bond and a Labor and Material Bond, each in an amount at least equal to one hundred (100) percent of the accepted bid, as security for faithful performance of this Contract and for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The Surety company on each bond shall be duly authorized to do business in the State in which the Project is located and shall be satisfactory to the Owner. Each bond shall remain in force during the guarantee period provided in this Contract. The cost of these bonds shall be paid by the Contractor and shall be included in the bid submitted.
2. Additional Security: If, at any time, the Owner shall be or become dissatisfied with any Surety or Sureties then upon the Surety bonds, or if for any other reason such bonds shall cease to be adequate security to the Owner, the Contractor shall within five days after notice from the Owner to do so, substitute an acceptable bond in such form and sum and signed by such other Sureties as may be satisfactory to the Owner.
The premiums on such bond shall be paid by the Contractor. No payments on current estimates shall be deemed due or shall be made until the new Sureties shall have qualified.
General Conditions 92 Article 10 - Appendix A This document is to be used in conjunction with General Conditions Article 10 - Insurance Requirements. These insurance requirements are to be carried by the Prime Contractor and All Subcontractors, unless otherwise noted. Classifications: Construction & Maintenance Environmental Contractors and Professional Services / Contractors and Subcontractors Subcontractors Consultants and Subcontractors Insurance Coverages: General Liability Each Occurrence: $1,000,000 $1,000,000 $1,000,000 General Aggregate: $2,000,000 $2,000,000 $2,000,000 Products & Completed $2,000,000 $2,000,000 $2,000,000 Operations Aggregate: Personal & Advertising Injury: $1,000,000 $1,000,000 $1,000,000 Fire Damage Liability: $50,000 $50,000 $50,000 Medical Expense Limit: $5,000 $5,000 $5,000 Auto Liability Combined Single Limit including coverage for Owned, Hired, and $1,000,000 $1,000,000 $1,000,000 Non-Owned Autos: Environmental Contractors Liability - All contractors, including prime & subcontractors, handling environmental exposures are required to provide this coverage. Examples: Asbestos, Lead Abatement &/or Hazardous Materials. Each Occurrence / Aggregate: $2,000,000 / $2,000,000 Professional Liability (Errors & Omissions) Each Occurrence / Aggregate: $2,000,000 / $2,000,000 Excess / Umbrella Liability • Low Hazard (Small jobs) $1,000,000 Limit
• Medium Hazard (Public Access projects - i.e. sidewalk projects)
$2,000,000 Limit Each Occurrence & Aggregate: $5,000,000 $2,000,000
• High Hazard (Large projects - i.e. road construction, building projects with a fall from heights exposure, renovations to buildings with high values) $5,000,000 Limit Owners Contractors Protective Liability (OCP) $1,000,000 / $2,000,000 $1,000,000 / $2,000,000 Each Occurrence / Aggregate: City of Auburn as the Named Insured City of Auburn as the Named Insured Builders Risk Insurance or Installation Floater - Required by Prime Contractor(s) Coverage is to be provided on a direct risk of loss basis, special form Limit shall be equal to full value of the Limit shall be equal to full value of the including flood & equipment work, material &/or equipment being work, material &/or equipment being breakdown. installed. installed.
Deductible shall not exceed $2,500 City of Auburn shall be additionally City of Auburn shall be additionally
insured as Loss Payee, as their interest insured as Loss Payee, as their interest Coverage shall include property in may appear. may appear. transit and property stored on & off premises. Railroad Protective Liability - is required if any construction or demolition operations are being performed on or within 50 feet of any railroad property, railroad bridge, trestle, track, roadbed, tunnel, underpass or crossing.
$2,000,000 / $6,000,000 $2,000,000 / $6,000,000 Each Occurrence / Aggregate: City of Auburn as the Named Insured City of Auburn as the Named Insured Name the City of Auburn as an Additional Insured on a Primary and Non-Contributory Basis with a Waiver of Subrogation and 30 Days Notice of Cancellation or Non-Renewal
General Liability, Auto & General Liability, Auto, Environmental General Liability, Auto & Include coverage on: Excess/Umbrella Contractors Liability & Excess/Umbrella Excess/Umbrella
Workers' Compensation & Employers Liability Statutory Statutory Statutory NYS Disability Statutory Statutory Statutory
Note: The decision to accept specific insurers, coverages, limits, endorsements, etc. lies exclusively with the City of Auburn. Edition Date: 8/13/20
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GENERAL CONDITIONS
ARTICLE 11 PREVAILING WAGE RATES
11.1 Prevailing Wage Rates: The specified wage rates are prevailing wage rates only, and the Owner will not consider any claims for additional compensation made by the Contractor because of payment by the Contractor of any wage rate in excess of the applicable rate contained in this Contract. All disputes in regard to the payment of wages in excess of those specified in this Contract shall be adjusted by the Contractor. If, after the award of the Contact, it becomes necessary to employ any person in a trade or occupation not classified in the wage determinations, such person shall be paid at not less than such rate as shall be determined by the officials mentioned above. Such approved prevailing wage rates shall be retroactive to the time of the initial employment of such person in such trade or occupation. The contractor shall notify the Owner of his/her intention to employ persons in trades or occupations not classified in sufficient time for the Owner to obtain approved rates for such trades or occupations. Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the project under this contract shall be decided by the Owner's governing body or other duly designated official. The Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this Contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
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GENERAL CONDITIONS
ARTICLE 12 MISCELLANEOUS
12.1 Permits and Regulations: On all lump sum and unit price contracts, the Contractor shall lay out his/her own work or employ a competent engineer or surveyor to do so, doing all necessary leveling and measuring, unless a specific payment is included for the work to be done.
The Contractor shall procure and pay for all permits, licenses and approvals necessary for the execution of his/her contract. The Contractor shall comply with all laws, ordinances, rules, orders and regulations relating to the performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities.
12.2 Required Provisions Deemed Inserted: Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction.
12.3 Changes Not to Affect Bonds: It is distinctly agreed and understood that any changes made in the drawings and specifications for this work (whether such changes increase or decrease the amount thereof) or any change in the manner or time of payments made by the Owner to the Contractor shall in no way annul, release, or affect the liability and surety on the bonds given the Contractor.
12.4 Reports, Records and Data: The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this Contract.
12.5 Mutual Responsibility of Contractors. If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss of damage on the work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration if such other Contractor or subcontractors will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim.
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12.6 Separate Contracts: The Contractor shall coordinate his/her operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his/her subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Engineer immediately of lack of progress of defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progression on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his/her own work.
12.7. Surveying: The Contractor shall thoroughly examine the drawings and specifications, carefully checking the figures dimensions, before commencing work, and report to the Engineer if any discrepancy, error or defect appear, but shall not be held responsible for their existence. He/she shall furnish the Engineer's representative with competent assistance, if so requested, for checking the work after it has been laid out. It is the duty of the contractor to take his/her own measurements of the work and be responsible for same.
12.8. Title VI Compliance Statement: The City of Auburn, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.0 2000d to 2000d4 and (Reference to Administering Administration Regulation(s)) issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin, gender, age or disability in consideration for an award.
Pursuant to Title VI requirements, any entity or person that enters into a contract with the City of Auburn including, but not limited to prime contractors, sub-contractors, and sub-recipients, may not discriminate on the basis of race, color, national origin, age, sex, disability, or religion in their selection and retention of subcontractors (including consultants), in connection with any federally funded program or activity (including any program or activity undertaken/ funded by a City of Auburn Department that receives federal funds).
Information concerning the City of Auburn Title VI Non-Discrimination Plan and Bidders/ Contractors responsibilities including the required post-contracting Title VI questionnaire is available on the City website: https://www.auburnny.gov/human-rights-commission
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12.9. Civil Rights Monitoring and Reporting (EBO): The New York State Department of Transportation (NYSDOT) has implemented a web-based civil rights reporting system called EBO (Equitable Business Opportunities) to streamline and reduce the efforts required by the construction and engineering industries to satisfy contractual civil rights reporting requirements.
EBO shall be used on this project for civil rights reporting. Further information regarding the Civil Rights Monitoring and Reporting requirements can be found in Section 105-21 of the NYSDOT Standard Specifications. Additional information regarding EBO and obtaining access to the software is available on the NYSDOT Website: https://ebo.dot.ny.gov/
12.10. Federal Aid Funding Requirements: This is a Locally Administered Federal Aid Project which requires the administration and work of the project conform to certain Federal and State requirements. These requirements are included in the various sections of this proposal. The Contractor shall review and become familiar with all sections of the proposal to ensure they are conforming to the Federal and State requirements associated with this project.
END OF GENERAL CONDITIONS
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REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
I. General subcontractor or service provider. II. Nondiscrimination III. Nonsegregated Facilities Contracting agencies may reference Form IV. Davis-Bacon and Related Act Provisions FHWA-1273 in bid proposal or request for V. Contract Work Hours and Safety Standards proposal documents, however, the Form FHWA- Act Provisions 1273 must be physically incorporated (not VI. Subletting or Assigning the Contract referenced) in all contracts, subcontracts and VII. Safety: Accident Prevention lower-tier subcontracts (excluding purchase VIII. False Statements Concerning Highway orders, rental agreements and other agreements Projects for supplies or services related to a construction IX. Implementation of Clean Air Act and contract). Federal Water Pollution Control Act X. Compliance with Governmentwide 2. Subject to the applicability criteria noted in Suspension and Debarment Requirements the following sections, these contract provisions XI. Certification Regarding Use of Contract shall apply to all work performed on the contract Funds for Lobbying by the contractor's own organization and with the assistance of workers under the contractor's ATTACHMENTS immediate superintendence and to all work performed on the contract by piecework, station A. Employment and Materials Preference for work, or by subcontract. Appalachian Development Highway System or Appalachian Local Access Road Contracts 3. A breach of any of the stipulations contained (included in Appalachian contracts only) in these Required Contract Provisions may be sufficient grounds for withholding of progress I. GENERAL payments, withholding of final payment, termination of the contract, suspension / 1. Form FHWA-1273 must be physically debarment or any other action determined to be incorporated in each construction contract appropriate by the contracting agency and funded under Title 23 (excluding emergency FHWA. contracts solely intended for debris removal). The contractor (or subcontractor) must insert 4. Selection of Labor: During the performance this form in each subcontract and further require of this contract, the contractor shall not use its inclusion in all lower tier subcontracts convict labor for any purpose within the limits of (excluding purchase orders, rental agreements a construction project on a Federal-aid highway and other agreements for supplies or services). unless it is labor performed by convicts who are on parole, supervised release, or probation. The The applicable requirements of Form FHWA- term Federal-aid highway does not include 1273 are incorporated by reference for work roadways functionally classified as local roads or done under any purchase order, rental rural minor collectors. agreement or agreement for other services. The prime contractor shall be responsible for II. NONDISCRIMINATION compliance by any subcontractor, lower-tier subcontractor or service provider. The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid Form FHWA-1273 must be included in all construction contracts and to all related Federal-aid design-build contracts, in all construction subcontracts of $10,000 or more. subcontracts and in lower tier subcontracts The provisions of 23 CFR Part 230 are not (excluding subcontracts for design services, applicable to material supply, engineering, or purchase orders, rental agreements and other architectural service contracts. agreements for supplies or services). The design-builder shall be responsible for In addition, the contractor and all subcontractors compliance by any subcontractor, lower-tier must comply with the following policies:
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Executive Order 11246, 41 CFR 60, 29 CFR that it has made every good faith effort to 1625-1627, Title 23 USC Section 140, the provide equal opportunity with respect to all of Rehabilitation Act of 1973, as amended (29 USC its terms and conditions of employment and in 794), Title VI of the Civil Rights Act of 1964, as their review of activities under the contract. amended, and related regulations including 49 b. The contractor will accept as its operating CFR Parts 21, 26 and 27; and 23 CFR Parts policy the following statement: 200, 230, and 633. "It is the policy of this Company to assure The contractor and all subcontractors must that applicants are employed, and that comply with: the requirements of the Equal employees are treated during employment, Opportunity Clause in 41 CFR 60-1.4(b) and, for without regard to their race, religion, sex, color, all construction contracts exceeding $10,000, national origin, age or disability. Such action the Standard Federal Equal Employment shall include: employment, upgrading, Opportunity Construction Contract Specifications demotion, or transfer; recruitment or in 41 CFR 60-4.3. recruitment advertising; layoff or termination; rates of pay or other forms of compensation; Note: The U.S. Department of Labor has and selection for training, including exclusive authority to determine compliance with apprenticeship, pre-apprenticeship, and/or on- Executive Order 11246 and the policies of the the-job training." Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and 2. EEO Officer: The contractor will designate the FHWA have the authority and the and make known to the contracting officers an responsibility to ensure compliance with Title 23 EEO Officer who will have the responsibility for USC Section 140, the Rehabilitation Act of 1973, and must be capable of effectively administering as amended (29 USC 794), and Title VI of the and promoting an active EEO program and who Civil Rights Act of 1964, as amended, and must be assigned adequate authority and related regulations including 49 CFR Parts 21, responsibility to do so. 26 and 27; and 23 CFR Parts 200, 230, and 633. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, The following provision is adopted from 23 CFR supervise, promote, and discharge employees, 230, Appendix A, with appropriate revisions to or who recommend such action, or who are conform to the U.S. Department of Labor (US substantially involved in such action, will be DOL) and FHWA requirements. made fully cognizant of, and will implement, the contractor's EEO policy and contractual 1. Equal Employment Opportunity: Equal responsibilities to provide EEO in each grade employment opportunity (EEO) requirements not and classification of employment. To ensure to discriminate and to take affirmative action to that the above agreement will be met, the assure equal opportunity as set forth under laws, following actions will be taken as a minimum: executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 a. Periodic meetings of supervisory and and 49 CFR 27) and orders of the Secretary of personnel office employees will be conducted Labor as modified by the provisions prescribed before the start of work and then not less often herein, and imposed pursuant to 23 U.S.C. 140 than once every six months, at which time the shall constitute the EEO and specific affirmative contractor's EEO policy and its implementation action standards for the contractor's project will be reviewed and explained. The meetings activities under this contract. The provisions of will be conducted by the EEO Officer. the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 b. All new supervisory or personnel office and 29 CFR 1630 are incorporated by reference employees will be given a thorough in this contract. In the execution of this contract, indoctrination by the EEO Officer, covering all the contractor agrees to comply with the major aspects of the contractor's EEO following minimum specific requirement activities obligations within thirty days following their of EEO: reporting for duty with the contractor.
a. The contractor will work with the contracting c. All personnel who are engaged in direct agency and the Federal Government to ensure recruitment for the project will be instructed by
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the EEO Officer in the contractor's procedures and termination, shall be taken without regard to for locating and hiring minorities and women. race, color, religion, sex, national origin, age or disability. The following procedures shall be d. Notices and posters setting forth the followed: contractor's EEO policy will be placed in areas readily accessible to employees, applicants for a. The contractor will conduct periodic employment and potential employees. inspections of project sites to insure that working conditions and employee facilities do not e. The contractor's EEO policy and the indicate discriminatory treatment of project site procedures to implement such policy will be personnel. brought to the attention of employees by means of meetings, employee handbooks, or other b. The contractor will periodically evaluate the appropriate means. spread of wages paid within each classification to determine any evidence of discriminatory 4. Recruitment: When advertising for wage practices. employees, the contractor will include in all advertisements for employees the notation: "An c. The contractor will periodically review Equal Opportunity Employer." All such selected personnel actions in depth to determine advertisements will be placed in publications whether there is evidence of discrimination. having a large circulation among minorities and Where evidence is found, the contractor will women in the area from which the project work promptly take corrective action. If the review force would normally be derived. indicates that the discrimination may extend beyond the actions reviewed, such corrective a. The contractor will, unless precluded by a action shall include all affected persons. valid bargaining agreement, conduct systematic and direct recruitment through public and private d. The contractor will promptly investigate all employee referral sources likely to yield qualified complaints of alleged discrimination made to the minorities and women. To meet this contractor in connection with its obligations requirement, the contractor will identify sources under this contract, will attempt to resolve such of potential minority group employees, and complaints, and will take appropriate corrective establish with such identified sources action within a reasonable time. If the procedures whereby minority and women investigation indicates that the discrimination applicants may be referred to the contractor for may affect persons other than the complainant, employment consideration. such corrective action shall include such other b. In the event the contractor has a valid persons. Upon completion of each investigation, bargaining agreement providing for exclusive the contractor will inform every complainant of hiring hall referrals, the contractor is expected to all of their avenues of appeal. observe the provisions of that agreement to the extent that the system meets the contractor's 6. Training and Promotion: compliance with EEO contract provisions. Where implementation of such an agreement a. The contractor will assist in locating, has the effect of discriminating against minorities qualifying, and increasing the skills of minorities or women, or obligates the contractor to do the and women who are applicants for employment same, such implementation violates Federal or current employees. Such efforts should be nondiscrimination provisions. aimed at developing full journey level status employees in the type of trade or job c. The contractor will encourage its present classification involved. employees to refer minorities and women as applicants for employment. Information and b. Consistent with the contractor's work force procedures with regard to referring such requirements and as permissible under Federal applicants will be discussed with employees. and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, 5. Personnel Actions: Wages, working and on-the-job training programs for the conditions, and employee benefits shall be geographical area of contract performance. In established and administered, and personnel the event a special provision for training is actions of every type, including hiring, provided under this contract, this subparagraph upgrading, promotion, transfer, demotion, layoff, will be superseded as indicated in the special
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provision. The contracting agency may reserve disability; making full efforts to obtain qualified training positions for persons who receive and/or qualifiable minorities and women. The welfare assistance in accordance with 23 U.S.C. failure of a union to provide sufficient referrals 140(a). (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the c. The contractor will advise employees and contractor from the requirements of this applicants for employment of available training paragraph. In the event the union referral programs and entrance requirements for each. practice prevents the contractor from meeting the obligations pursuant to Executive Order d. The contractor will periodically review the 11246, as amended, and these special training and promotion potential of employees provisions, such contractor shall immediately who are minorities and women and will notify the contracting agency. encourage eligible employees to apply for such training and promotion. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: 7. Unions: If the contractor relies in whole or in The contractor must be familiar with the part upon unions as a source of employees, the requirements for and comply with the Americans contractor will use good faith efforts to obtain the with Disabilities Act and all rules and regulations cooperation of such unions to increase established there under. Employers must opportunities for minorities and women. Actions provide reasonable accommodation in all by the contractor, either directly or through a employment activities unless to do so would contractor's association acting as agent, will cause an undue hardship. include the procedures set forth below: 9. Selection of Subcontractors, Procurement a. The contractor will use good faith efforts to of Materials and Leasing of Equipment: The develop, in cooperation with the unions, joint contractor shall not discriminate on the grounds training programs aimed toward qualifying more of race, color, religion, sex, national origin, age minorities and women for membership in the or disability in the selection and retention of unions and increasing the skills of minorities and subcontractors, including procurement of women so that they may qualify for higher materials and leases of equipment. The paying employment. contractor shall take all necessary and reasonable steps to ensure nondiscrimination in b. The contractor will use good faith efforts to the administration of this contract. incorporate an EEO clause into each union agreement to the end that such union will be a. The contractor shall notify all potential contractually bound to refer applicants without subcontractors and suppliers and lessors of their regard to their race, color, religion, sex, national EEO obligations under this contract. origin, age or disability. b. The contractor will use good faith efforts to c. The contractor is to obtain information as to ensure subcontractor compliance with their EEO the referral practices and policies of the labor obligations. union except that to the extent such information is within the exclusive possession of the labor 10. Assurance Required by 49 CFR 26.13(b): union and such labor union refuses to furnish such information to the contractor, the contractor a. The requirements of 49 CFR Part 26 shall so certify to the contracting agency and and the State DOT’s U.S. DOT-approved DBE shall set forth what efforts have been made to program are incorporated by reference. obtain such information. b. The contractor or subcontractor shall not d. In the event the union is unable to provide discriminate on the basis of race, color, national the contractor with a reasonable flow of referrals origin, or sex in the performance of this contract. within the time limit set forth in the collective The contractor shall carry out applicable bargaining agreement, the contractor will, requirements of 49 CFR Part 26 in the award through independent recruitment efforts, fill the and administration of DOT-assisted contracts. employment vacancies without regard to race, Failure by the contractor to carry out these color, religion, sex, national origin, age or requirements is a material breach of this
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contract, which may result in the termination of manner that segregation on the basis of race, this contract or such other remedy as the color, religion, sex, or national origin cannot contracting agency deems appropriate. result. The contractor may neither require such segregated use by written or oral policies nor 11. Records and Reports: The contractor shall tolerate such use by employee custom. The keep such records as necessary to document contractor's obligation extends further to ensure compliance with the EEO requirements. Such that its employees are not assigned to perform records shall be retained for a period of three their services at any location, under the years following the date of the final payment to contractor's control, where the facilities are the contractor for all contract work and shall be segregated. The term "facilities" includes available at reasonable times and places for waiting rooms, work areas, restaurants and inspection by authorized representatives of the other eating areas, time clocks, restrooms, contracting agency and the FHWA. washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, a. The records kept by the contractor shall recreation or entertainment areas, document the following: transportation, and housing provided for employees. The contractor shall provide (1) The number and work hours of minority and separate or single-user restrooms and non-minority group members and women necessary dressing or sleeping areas to assure employed in each work classification on the privacy between sexes. project; IV. DAVIS-BACON AND RELATED ACT (2) The progress and efforts being made in PROVISIONS cooperation with unions, when applicable, to increase employment opportunities for This section is applicable to all Federal-aid minorities and women; and construction projects exceeding $2,000 and to all related subcontracts and lower-tier (3) The progress and efforts being made in subcontracts (regardless of subcontract size). locating, hiring, training, qualifying, and The requirements apply to all projects located upgrading minorities and women; within the right-of-way of a roadway that is functionally classified as Federal-aid highway. b. The contractors and subcontractors will This excludes roadways functionally classified submit an annual report to the contracting as local roads or rural minor collectors, which agency each July for the duration of the project, are exempt. Contracting agencies may elect to indicating the number of minority, women, and apply these requirements to other projects. non-minority group employees currently engaged in each work classification required by The following provisions are from the U.S. the contract work. This information is to be Department of Labor regulations in 29 CFR 5.5 reported on Form FHWA-1391. The staffing “Contract provisions and related matters” with data should represent the project work force on minor revisions to conform to the FHWA-1273 board in all or any part of the last payroll period format and FHWA program requirements. preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report 1. Minimum wages training data. The employment data should reflect the work force on board during all or any a. All laborers and mechanics employed or part of the last payroll period preceding the end working upon the site of the work, will be paid of July. unconditionally and not less often than once a week, and without subsequent deduction or III. NONSEGREGATED FACILITIES rebate on any account (except such payroll deductions as are permitted by regulations This provision is applicable to all Federal-aid issued by the Secretary of Labor under the construction contracts and to all related Copeland Act (29 CFR part 3)), the full amount construction subcontracts of $10,000 or more. of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment The contractor must ensure that facilities computed at rates not less than those contained provided for employees are provided in such a in the wage determination of the Secretary of
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Labor which is attached hereto and made a part (iii) The proposed wage rate, including any hereof, regardless of any contractual bona fide fringe benefits, bears a reasonable relationship which may be alleged to exist relationship to the wage rates contained in between the contractor and such laborers and the wage determination. mechanics. (2) If the contractor and the laborers and Contributions made or costs reasonably mechanics to be employed in the classification anticipated for bona fide fringe benefits under (if known), or their representatives, and the section 1(b)(2) of the Davis-Bacon Act on behalf contracting officer agree on the classification of laborers or mechanics are considered wages and wage rate (including the amount paid to such laborers or mechanics, subject to designated for fringe benefits where the provisions of paragraph 1.d. of this section; appropriate), a report of the action taken shall also, regular contributions made or costs be sent by the contracting officer to the incurred for more than a weekly period (but not Administrator of the Wage and Hour Division, less often than quarterly) under plans, funds, or Employment Standards Administration, U.S. programs which cover the particular weekly Department of Labor, Washington, DC 20210. period, are deemed to be constructively made or The Administrator, or an authorized incurred during such weekly period. Such representative, will approve, modify, or laborers and mechanics shall be paid the disapprove every additional classification appropriate wage rate and fringe benefits on the action within 30 days of receipt and so advise wage determination for the classification of work the contracting officer or will notify the actually performed, without regard to skill, contracting officer within the 30-day period that except as provided in 29 CFR 5.5(a)(4). additional time is necessary. Laborers or mechanics performing work in more than one classification may be compensated at (3) In the event the contractor, the laborers or the rate specified for each classification for the mechanics to be employed in the classification time actually worked therein: Provided, That the or their representatives, and the contracting employer's payroll records accurately set forth officer do not agree on the proposed the time spent in each classification in which classification and wage rate (including the work is performed. The wage determination amount designated for fringe benefits, where (including any additional classification and wage appropriate), the contracting officer shall refer rates conformed under paragraph 1.b. of this the questions, including the views of all section) and the Davis-Bacon poster (WH–1321) interested parties and the recommendation of shall be posted at all times by the contractor and the contracting officer, to the Wage and Hour its subcontractors at the site of the work in a Administrator for determination. The Wage and prominent and accessible place where it can be Hour Administrator, or an authorized easily seen by the workers. representative, will issue a determination within 30 days of receipt and so advise the b. (1) The contracting officer shall require that contracting officer or will notify the contracting any class of laborers or mechanics, including officer within the 30-day period that additional helpers, which is not listed in the wage time is necessary. determination and which is to be employed under the contract shall be classified in (4) The wage rate (including fringe benefits conformance with the wage determination. The where appropriate) determined pursuant to contracting officer shall approve an additional paragraphs 1.b.(2) or 1.b.(3) of this section, classification and wage rate and fringe benefits shall be paid to all workers performing work in therefore only when the following criteria have the classification under this contract from the been met: first day on which work is performed in the classification. (i) The work to be performed by the classification requested is not performed by a c. Whenever the minimum wage rate classification in the wage determination; and prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is (ii) The classification is utilized in the area not expressed as an hourly rate, the contractor by the construction industry; and shall either pay the benefit as stated in the wage determination or shall pay another bona fide
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fringe benefit or an hourly cash equivalent cash equivalents thereof of the types described thereof. in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, d. If the contractor does not make payments to deductions made and actual wages paid. a trustee or other third person, the contractor Whenever the Secretary of Labor has found may consider as part of the wages of any under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic the amount of any costs laborer or mechanic include the amount of any reasonably anticipated in providing bona fide costs reasonably anticipated in providing fringe benefits under a plan or program, benefits under a plan or program described in Provided, That the Secretary of Labor has section 1(b)(2)(B) of the Davis-Bacon Act, the found, upon the written request of the contractor, contractor shall maintain records which show that the applicable standards of the Davis-Bacon that the commitment to provide such benefits is Act have been met. The Secretary of Labor may enforceable, that the plan or program is require the contractor to set aside in a separate financially responsible, and that the plan or account assets for the meeting of obligations program has been communicated in writing to under the plan or program. the laborers or mechanics affected, and records which show the costs anticipated or the actual 2. Withholding cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written The contracting agency shall upon its own action evidence of the registration of apprenticeship or upon written request of an authorized programs and certification of trainee programs, representative of the Department of Labor, the registration of the apprentices and trainees, withhold or cause to be withheld from the and the ratios and wage rates prescribed in the contractor under this contract, or any other applicable programs. Federal contract with the same prime contractor, or any other federally-assisted contract subject b. (1) The contractor shall submit weekly for to Davis-Bacon prevailing wage requirements, each week in which any contract work is which is held by the same prime contractor, so much of the accrued payments or advances as performed a copy of all payrolls to the may be considered necessary to pay laborers contracting agency. The payrolls submitted shall set out accurately and completely all of the and mechanics, including apprentices, trainees, information required to be maintained under 29 and helpers, employed by the contractor or any CFR 5.5(a)(3)(i), except that full social security subcontractor the full amount of wages required numbers and home addresses shall not be by the contract. In the event of failure to pay any laborer or mechanic, including any included on weekly transmittals. Instead the apprentice, trainee, or helper, employed or payrolls shall only need to include an individually identifying number for each employee ( e.g. , the working on the site of the work, all or part of the last four digits of the employee's social security wages required by the contract, the contracting number). The required weekly payroll agency may, after written notice to the information may be submitted in any form contractor, take such action as may be necessary to cause the suspension of any desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division further payment, advance, or guarantee of funds until such violations have ceased. Web site at http://www.dol.gov/esa/whd/forms/wh347instr.ht m or its successor site. The prime contractor is 3. Payrolls and basic records responsible for the submission of copies of payrolls by all subcontractors. Contractors and a. Payrolls and basic records relating thereto subcontractors shall maintain the full social shall be maintained by the contractor during the security number and current address of each course of the work and preserved for a period of covered worker, and shall provide them upon three years thereafter for all laborers and request to the contracting agency for mechanics working at the site of the work. Such transmission to the State DOT, the FHWA or the records shall contain the name, address, and Wage and Hour Division of the Department of social security number of each such worker, his Labor for purposes of an investigation or audit of or her correct classification, hourly rates of compliance with prevailing wage requirements. It wages paid (including rates of contributions or is not a violation of this section for a prime costs anticipated for bona fide fringe benefits or contractor to require a subcontractor to provide
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addresses and social security numbers to the permit such representatives to interview prime contractor for its own records, without employees during working hours on the job. If weekly submission to the contracting agency.. the contractor or subcontractor fails to submit the required records or to make them available, (2) Each payroll submitted shall be the FHWA may, after written notice to the accompanied by a “Statement of Compliance,” contractor, the contracting agency or the State signed by the contractor or subcontractor or his DOT, take such action as may be necessary to or her agent who pays or supervises the cause the suspension of any further payment, payment of the persons employed under the advance, or guarantee of funds. Furthermore, contract and shall certify the following: failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 (i) That the payroll for the payroll period CFR 5.12. contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is 4. Apprentices and trainees being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such a. Apprentices (programs of the USDOL). information is correct and complete; Apprentices will be permitted to work at less (ii) That each laborer or mechanic than the predetermined rate for the work they (including each helper, apprentice, and performed when they are employed pursuant to trainee) employed on the contract during the and individually registered in a bona fide payroll period has been paid the full weekly apprenticeship program registered with the U.S. wages earned, without rebate, either directly Department of Labor, Employment and Training or indirectly, and that no deductions have Administration, Office of Apprenticeship been made either directly or indirectly from Training, Employer and Labor Services, or with the full wages earned, other than permissible a State Apprenticeship Agency recognized by deductions as set forth in Regulations, 29 the Office, or if a person is employed in his or CFR part 3; her first 90 days of probationary employment as an apprentice in such an apprenticeship (iii) That each laborer or mechanic has program, who is not individually registered in the been paid not less than the applicable wage program, but who has been certified by the rates and fringe benefits or cash equivalents Office of Apprenticeship Training, Employer and for the classification of work performed, as Labor Services or a State Apprenticeship specified in the applicable wage Agency (where appropriate) to be eligible for determination incorporated into the contract. probationary employment as an apprentice.
(3) The weekly submission of a properly The allowable ratio of apprentices to executed certification set forth on the reverse journeymen on the job site in any craft side of Optional Form WH–347 shall satisfy the classification shall not be greater than the ratio requirement for submission of the “Statement permitted to the contractor as to the entire work of Compliance” required by paragraph 3.b.(2) force under the registered program. Any worker of this section. 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 (4) The falsification of any of the above applicable wage rate on the wage determination certifications may subject the contractor or for the classification of work actually performed. subcontractor to civil or criminal prosecution In addition, any apprentice performing work on under section 1001 of title 18 and section 231 of title 31 of the United States Code. 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 c. The contractor or subcontractor shall make determination for the work actually performed. the records required under paragraph 3.a. of this Where a contractor is performing construction section available for inspection, copying, or on a project in a locality other than that in which transcription by authorized representatives of its program is registered, the ratios and wage the contracting agency, the State DOT, the rates (expressed in percentages of the FHWA, or the Department of Labor, and shall
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journeyman's hourly rate) specified in the the full amount of fringe benefits listed on the contractor's or subcontractor's registered wage determination unless the Administrator of program shall be observed. the Wage and Hour Division determines that there is an apprenticeship program associated Every apprentice must be paid at not less than with the corresponding journeyman wage rate the rate specified in the registered program for on the wage determination which provides for the apprentice's level of progress, expressed as less than full fringe benefits for apprentices. Any a percentage of the journeymen hourly rate employee listed on the payroll at a trainee rate specified in the applicable wage determination. who is not registered and participating in a Apprentices shall be paid fringe benefits in training plan approved by the Employment and accordance with the provisions of the Training Administration shall be paid not less apprenticeship program. If the apprenticeship than the applicable wage rate on the wage program does not specify fringe benefits, determination for the classification of work apprentices must be paid the full amount of actually performed. In addition, any trainee fringe benefits listed on the wage determination performing work on the job site in excess of the for the applicable classification. If the ratio permitted under the registered program Administrator determines that a different practice shall be paid not less than the applicable wage prevails for the applicable apprentice rate on the wage determination for the work classification, fringes shall be paid in actually performed. accordance with that determination. In the event the Employment and Training In the event the Office of Apprenticeship Administration withdraws approval of a training Training, Employer and Labor Services, or a program, the contractor will no longer be State Apprenticeship Agency recognized by the permitted to utilize trainees at less than the Office, withdraws approval of an apprenticeship applicable predetermined rate for the work program, the contractor will no longer be performed until an acceptable program is permitted to utilize apprentices at less than the approved. applicable predetermined rate for the work performed until an acceptable program is c. Equal employment opportunity. The approved. utilization of apprentices, trainees and journeymen under this part shall be in conformity b. Trainees (programs of the USDOL). with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed d. Apprentices and Trainees (programs of the unless they are employed pursuant to and U.S. DOT). individually registered in a program which has received prior approval, evidenced by formal Apprentices and trainees working under certification by the U.S. Department of Labor, apprenticeship and skill training programs which Employment and Training Administration. have been certified by the Secretary of Transportation as promoting EEO in connection The ratio of trainees to journeymen on the job with Federal-aid highway construction programs site shall not be greater than permitted under the are not subject to the requirements of paragraph plan approved by the Employment and Training 4 of this Section IV. The straight time hourly Administration. wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices Every trainee must be paid at not less than the rate specified in the approved program for the and trainees to journeymen shall not be greater trainee's level of progress, expressed as a than permitted by the terms of the particular program. percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in 5. Compliance with Copeland Act accordance with the provisions of the trainee requirements. The contractor shall comply program. If the trainee program does not with the requirements of 29 CFR part 3, which mention fringe benefits, trainees shall be paid are incorporated by reference in this contract.
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6. Subcontracts. The contractor or STANDARDS ACT subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the The following clauses apply to any Federal-aid subcontractors to include Form FHWA-1273 in construction contract in an amount in excess of any lower tier subcontracts. The prime $100,000 and subject to the overtime provisions contractor shall be responsible for the of the Contract Work Hours and Safety compliance by any subcontractor or lower tier Standards Act. These clauses shall be inserted subcontractor with all the contract clauses in 29 in addition to the clauses required by 29 CFR CFR 5.5. 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics 7. Contract termination: debarment. A include watchmen and guards. breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, 1. Overtime requirements. No contractor or and for debarment as a contractor and a subcontractor contracting for any part of the subcontractor as provided in 29 CFR 5.12. contract work which may require or involve the employment of laborers or mechanics shall 8. Compliance with Davis-Bacon and Related require or permit any such laborer or mechanic Act requirements. All rulings and in any workweek in which he or she is employed interpretations of the Davis-Bacon and Related on such work to work in excess of forty hours in Acts contained in 29 CFR parts 1, 3, and 5 are such workweek unless such laborer or mechanic herein incorporated by reference in this contract. receives compensation at a rate not less than one and one-half times the basic rate of pay for 9. Disputes concerning labor standards. all hours worked in excess of forty hours in such Disputes arising out of the labor standards workweek. provisions of this contract shall not be subject to the general disputes clause of this contract. 2. Violation; liability for unpaid wages; Such disputes shall be resolved in accordance liquidated damages. In the event of any with the procedures of the Department of Labor violation of the clause set forth in paragraph (1.) set forth in 29 CFR parts 5, 6, and 7. Disputes of this section, the contractor and any within the meaning of this clause include subcontractor responsible therefor shall be liable disputes between the contractor (or any of its for the unpaid wages. In addition, such subcontractors) and the contracting agency, the contractor and subcontractor shall be liable to U.S. Department of Labor, or the employees or the United States (in the case of work done their representatives. under contract for the District of Columbia or a territory, to such District or to such territory), for 10. Certification of eligibility. liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any watchmen and guards, employed in violation of person or firm who has an interest in the the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day contractor's firm is a person or firm ineligible to on which such individual was required or be awarded Government contracts by virtue of permitted to work in excess of the standard section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a 3. Withholding for unpaid wages and Government contract by virtue of section 3(a) of liquidated damages. The FHWA or the the Davis-Bacon Act or 29 CFR 5.12(a)(1). contacting agency shall upon its own action or upon written request of an authorized c. The penalty for making false statements is representative of the Department of Labor prescribed in the U.S. Criminal Code, 18 U.S.C. withhold or cause to be withheld, from any 1001. moneys payable on account of work performed by the contractor or subcontractor under any V. CONTRACT WORK HOURS AND SAFETY such contract or any other Federal contract with
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the same prime contractor, or any other (1) the prime contractor maintains control over federally-assisted contract subject to the the supervision of the day-to-day activities of Contract Work Hours and Safety Standards Act, the leased employees; which is held by the same prime contractor, (2) the prime contractor remains responsible such sums as may be determined to be for the quality of the work of the leased necessary to satisfy any liabilities of such employees; contractor or subcontractor for unpaid wages (3) the prime contractor retains all power to and liquidated damages as provided in the accept or exclude individual employees from clause set forth in paragraph (2.) of this section. work on the project; and (4) the prime contractor remains ultimately 4. Subcontracts. The contractor or responsible for the payment of predetermined subcontractor shall insert in any subcontracts minimum wages, the submission of payrolls, the clauses set forth in paragraph (1.) through statements of compliance and all other Federal (4.) of this section and also a clause requiring regulatory requirements. the subcontractors to include these clauses in any lower tier subcontracts. The prime b. "Specialty Items" shall be construed to be contractor shall be responsible for compliance limited to work that requires highly specialized by any subcontractor or lower tier subcontractor knowledge, abilities, or equipment not ordinarily with the clauses set forth in paragraphs (1.) available in the type of contracting organizations through (4.) of this section. qualified and expected to bid or propose on the contract as a whole and in general are to be VI. SUBLETTING OR ASSIGNING THE limited to minor components of the overall CONTRACT contract.
2. The contract amount upon which the This provision is applicable to all Federal-aid requirements set forth in paragraph (1) of construction contracts on the National Highway Section VI is computed includes the cost of System. material and manufactured products which are
to be purchased or produced by the contractor 1. The contractor shall perform with its own under the contract provisions. organization contract work amounting to not less than 30 percent (or a greater percentage if 3. The contractor shall furnish (a) a competent specified elsewhere in the contract) of the total superintendent or supervisor who is employed original contract price, excluding any specialty by the firm, has full authority to direct items designated by the contracting agency. performance of the work in accordance with the Specialty items may be performed by contract requirements, and is in charge of all subcontract and the amount of any such construction operations (regardless of who specialty items performed may be deducted performs the work) and (b) such other of its own from the total original contract price before organizational resources (supervision, computing the amount of work required to be management, and engineering services) as the performed by the contractor's own organization contracting officer determines is necessary to (23 CFR 635.116). assure the performance of the contract.
a. The term “perform work with its own 4. No portion of the contract shall be sublet, organization” refers to workers employed or assigned or otherwise disposed of except with leased by the prime contractor, and equipment the written consent of the contracting officer, or owned or rented by the prime contractor, with or authorized representative, and such consent without operators. Such term does not include when given shall not be construed to relieve the employees or equipment of a subcontractor or contractor of any responsibility for the fulfillment lower tier subcontractor, agents of the prime of the contract. Written consent will be given contractor, or any other assignees. The term only after the contracting agency has assured may include payments for the costs of hiring that each subcontract is evidenced in writing and leased employees from an employee leasing that it contains all pertinent provisions and firm meeting all relevant Federal and State requirements of the prime contract. regulatory requirements. Leased employees may only be included in this term if the prime 5. The 30% self-performance requirement of contractor meets all of the following conditions: paragraph (1) is not applicable to design-build
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contracts; however, contracting agencies may and specifications and a high degree of reliability establish their own self-performance on statements and representations made by requirements. engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential VII. SAFETY: ACCIDENT PREVENTION that all persons concerned with the project perform their functions as carefully, thoroughly, This provision is applicable to all Federal-aid and honestly as possible. Willful falsification, construction contracts and to all related distortion, or misrepresentation with respect to subcontracts. any facts related to the project is a violation of Federal law. To prevent any misunderstanding 1. In the performance of this contract the regarding the seriousness of these and similar contractor shall comply with all applicable acts, Form FHWA-1022 shall be posted on each Federal, State, and local laws governing safety, Federal-aid highway project (23 CFR 635) in health, and sanitation (23 CFR 635). The one or more places where it is readily available contractor shall provide all safeguards, safety to all persons concerned with the project: devices and protective equipment and take any other needed actions as it determines, or as the 18 U.S.C. 1020 reads as follows: contracting officer may determine, to be reasonably necessary to protect the life and "Whoever, being an officer, agent, or employee health of employees on the job and the safety of of the United States, or of any State or Territory, the public and to protect property in connection or whoever, whether a person, association, firm, with the performance of the work covered by the or corporation, knowingly makes any false contract. statement, false representation, or false report as to the character, quality, quantity, or cost of 2. It is a condition of this contract, and shall be the material used or to be used, or the quantity made a condition of each subcontract, which the or quality of the work performed or to be contractor enters into pursuant to this contract, performed, or the cost thereof in connection with that the contractor and any subcontractor shall the submission of plans, maps, specifications, not permit any employee, in performance of the contracts, or costs of construction on any contract, to work in surroundings or under highway or related project submitted for conditions which are unsanitary, hazardous or approval to the Secretary of Transportation; or dangerous to his/her health or safety, as determined under construction safety and health Whoever knowingly makes any false standards (29 CFR 1926) promulgated by the statement, false representation, false report or Secretary of Labor, in accordance with Section false claim with respect to the character, quality, 107 of the Contract Work Hours and Safety quantity, or cost of any work performed or to be Standards Act (40 U.S.C. 3704). performed, or materials furnished or to be furnished, in connection with the construction of 3. Pursuant to 29 CFR 1926.3, it is a condition of any highway or related project approved by the this contract that the Secretary of Labor or Secretary of Transportation; or authorized representative thereof, shall have right of entry to any site of contract performance Whoever knowingly makes any false statement to inspect or investigate the matter of or false representation as to material fact in any compliance with the construction safety and statement, certificate, or report submitted health standards and to carry out the duties of pursuant to provisions of the Federal-aid Roads the Secretary under Section 107 of the Contract Act approved July 1, 1916, (39 Stat. 355), as Work Hours and Safety Standards Act (40 amended and supplemented; U.S.C.3704). Shall be fined under this title or imprisoned not VIII. FALSE STATEMENTS CONCERNING more than 5 years or both." HIGHWAY PROJECTS IX. IMPLEMENTATION OF CLEAN AIR ACT This provision is applicable to all Federal-aid AND FEDERAL WATER POLLUTION construction contracts and to all related CONTROL ACT subcontracts.
In order to assure high quality and durable This provision is applicable to all Federal-aid construction in conformity with approved plans construction contracts and to all related
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subcontracts. placed when the contracting agency determined to enter into this transaction. If it is later By submission of this bid/proposal or the determined that the prospective participant execution of this contract, or subcontract, as knowingly rendered an erroneous certification, in appropriate, the bidder, proposer, Federal-aid addition to other remedies available to the construction contractor, or subcontractor, as Federal Government, the contracting agency appropriate, will be deemed to have stipulated may terminate this transaction for cause of as follows: default.
1. That any person who is or will be utilized in the performance of this contract is not prohibited d. The prospective first tier participant shall from receiving an award due to a violation of provide immediate written notice to the Section 508 of the Clean Water Act or Section contracting agency to whom this proposal is 306 of the Clean Air Act. submitted if any time the prospective first tier 2. That the contractor agrees to include or participant learns that its certification was cause to be included the requirements of erroneous when submitted or has become paragraph (1) of this Section X in every erroneous by reason of changed circumstances. subcontract, and further agrees to take such action as the contracting agency may direct as a e. The terms "covered transaction," means of enforcing such requirements. "debarred," "suspended," "ineligible," "participant," "person," "principal," and X. CERTIFICATION REGARDING "voluntarily excluded," as used in this clause, DEBARMENT, SUSPENSION, INELIGIBILITY are defined in 2 CFR Parts 180 and 1200. “First AND VOLUNTARY EXCLUSION Tier Covered Transactions” refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant This provision is applicable to all Federal-aid (such as the prime or general contract). “Lower construction contracts, design-build contracts, Tier Covered Transactions” refers to any subcontracts, lower-tier subcontracts, purchase covered transaction under a First Tier Covered orders, lease agreements, consultant contracts Transaction (such as subcontracts). “First Tier or any other covered transaction requiring Participant” refers to the participant who has FHWA approval or that is estimated to cost entered into a covered transaction with a $25,000 or more – as defined in 2 CFR Parts grantee or subgrantee of Federal funds (such as 180 and 1200. the prime or general contractor). “Lower Tier
Participant” refers any participant who has 1. Instructions for Certification – First Tier entered into a covered transaction with a First Participants: Tier Participant or other Lower Tier Participants
(such as subcontractors and suppliers). a. By signing and submitting this proposal, the prospective first tier participant is providing the f. The prospective first tier participant agrees certification set out below. by submitting this proposal that, should the
proposed covered transaction be entered into, it b. The inability of a person to provide the shall not knowingly enter into any lower tier certification set out below will not necessarily covered transaction with a person who is result in denial of participation in this covered debarred, suspended, declared ineligible, or transaction. The prospective first tier participant voluntarily excluded from participation in this shall submit an explanation of why it cannot covered transaction, unless authorized by the provide the certification set out below. The department or agency entering into this certification or explanation will be considered in transaction. connection with the department or agency's determination whether to enter into this g. The prospective first tier participant further transaction. However, failure of the prospective agrees by submitting this proposal that it will first tier participant to furnish a certification or an include the clause titled "Certification Regarding explanation shall disqualify such a person from Debarment, Suspension, Ineligibility and participation in this transaction. Voluntary Exclusion-Lower Tier Covered
Transactions," provided by the department or c. The certification in this clause is a material contracting agency, entering into this covered representation of fact upon which reliance was
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transaction, without modification, in all lower tier or agency; covered transactions and in all solicitations for lower tier covered transactions exceeding the (2) Have not within a three-year period $25,000 threshold. preceding this proposal been convicted of or had a civil judgment rendered against them for h. A participant in a covered transaction may commission of fraud or a criminal offense in rely upon a certification of a prospective connection with obtaining, attempting to obtain, participant in a lower tier covered transaction or performing a public (Federal, State or local) that is not debarred, suspended, ineligible, or transaction or contract under a public voluntarily excluded from the covered transaction; violation of Federal or State antitrust transaction, unless it knows that the certification statutes or commission of embezzlement, theft, is erroneous. A participant is responsible for forgery, bribery, falsification or destruction of ensuring that its principals are not suspended, records, making false statements, or receiving debarred, or otherwise ineligible to participate in stolen property; covered transactions. To verify the eligibility of its principals, as well as the eligibility of any (3) Are not presently indicted for or lower tier prospective participants, each otherwise criminally or civilly charged by a participant may, but is not required to, check the governmental entity (Federal, State or local) with Excluded Parties List System website commission of any of the offenses enumerated (https://www.epls.gov/), which is compiled by the in paragraph (a)(2) of this certification; and General Services Administration. (4) Have not within a three-year period preceding this application/proposal had one or i. Nothing contained in the foregoing shall be more public transactions (Federal, State or local) construed to require the establishment of a terminated for cause or default. system of records in order to render in good faith the certification required by this clause. The b. Where the prospective participant is unable knowledge and information of the prospective to certify to any of the statements in this participant is not required to exceed that which certification, such prospective participant shall is normally possessed by a prudent person in attach an explanation to this proposal. the ordinary course of business dealings. 3. Instructions for Certification - Lower Tier j. Except for transactions authorized under Participants: paragraph (f) of these instructions, if a participant in a covered transaction knowingly (Applicable to all subcontracts, purchase orders enters into a lower tier covered transaction with and other lower tier transactions requiring prior a person who is suspended, debarred, ineligible, FHWA approval or estimated to cost $25,000 or or voluntarily excluded from participation in this more - 2 CFR Parts 180 and 1200) transaction, in addition to other remedies available to the Federal Government, the a. By signing and submitting this proposal, the department or agency may terminate this prospective lower tier is providing the transaction for cause or default. certification set out below.
* * * * * b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If 2. Certification Regarding Debarment, it is later determined that the prospective lower Suspension, Ineligibility and Voluntary tier participant knowingly rendered an erroneous Exclusion – First Tier Participants: certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this a. The prospective first tier participant certifies transaction originated may pursue available to the best of its knowledge and belief, that it remedies, including suspension and/or and its principals: debarment. (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or c. The prospective lower tier participant shall voluntarily excluded from participating in provide immediate written notice to the person to covered transactions by any Federal department
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which this proposal is submitted if at any time ensuring that its principals are not suspended, the prospective lower tier participant learns that debarred, or otherwise ineligible to participate in its certification was erroneous by reason of covered transactions. To verify the eligibility of changed circumstances. its principals, as well as the eligibility of any lower tier prospective participants, each d. The terms "covered transaction," participant may, but is not required to, check the "debarred," "suspended," "ineligible," Excluded Parties List System website "participant," "person," "principal," and (https://www.epls.gov/), which is compiled by the "voluntarily excluded," as used in this clause, General Services Administration. are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is h. Nothing contained in the foregoing shall be submitted for assistance in obtaining a copy of construed to require establishment of a system those regulations. “First Tier Covered of records in order to render in good faith the Transactions” refers to any covered transaction certification required by this clause. The between a grantee or subgrantee of Federal knowledge and information of participant is not funds and a participant (such as the prime or required to exceed that which is normally general contract). “Lower Tier Covered possessed by a prudent person in the ordinary Transactions” refers to any covered transaction course of business dealings. under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to i. Except for transactions authorized under the participant who has entered into a covered paragraph e of these instructions, if a participant transaction with a grantee or subgrantee of in a covered transaction knowingly enters into a Federal funds (such as the prime or general lower tier covered transaction with a person who contractor). “Lower Tier Participant” refers any is suspended, debarred, ineligible, or voluntarily participant who has entered into a covered excluded from participation in this transaction, in transaction with a First Tier Participant or other addition to other remedies available to the Lower Tier Participants (such as subcontractors Federal Government, the department or agency and suppliers). with which this transaction originated may pursue available remedies, including suspension e. The prospective lower tier participant and/or debarment. agrees by submitting this proposal that, should the proposed covered transaction be entered * * * * * into, it shall not knowingly enter into any lower tier covered transaction with a person who is Certification Regarding Debarment, debarred, suspended, declared ineligible, or Suspension, Ineligibility and Voluntary voluntarily excluded from participation in this Exclusion--Lower Tier Participants: covered transaction, unless authorized by the department or agency with which this 1. The prospective lower tier participant transaction originated. certifies, by submission of this proposal, that neither it nor its principals is presently debarred, f. The prospective lower tier participant further suspended, proposed for debarment, declared agrees by submitting this proposal that it will ineligible, or voluntarily excluded from include this clause titled "Certification Regarding participating in covered transactions by any Debarment, Suspension, Ineligibility and Federal department or agency. Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower 2. Where the prospective lower tier participant tier covered transactions and in all solicitations is unable to certify to any of the statements in for lower tier covered transactions exceeding the this certification, such prospective participant $25,000 threshold. shall attach an explanation to this proposal.
g. A participant in a covered transaction may * * * * * rely upon a certification of a prospective participant in a lower tier covered transaction XI. CERTIFICATION REGARDING USE OF that is not debarred, suspended, ineligible, or CONTRACT FUNDS FOR LOBBYING voluntarily excluded from the covered transaction, unless it knows that the certification This provision is applicable to all Federal-aid is erroneous. A participant is responsible for construction contracts and to all related
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subcontracts which exceed $100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
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ATTACHMENT A - EMPLOYMENT AND all qualified job applicants referred to him by the MATERIALS PREFERENCE FOR State Employment Service. The contractor is APPALACHIAN DEVELOPMENT HIGHWAY not required to grant employment to any job SYSTEM OR APPALACHIAN LOCAL applicants who, in his opinion, are not qualified ACCESS ROAD CONTRACTS to perform the classification of work required.
This provision is applicable to all Federal-aid 4. If, within one week following the placing of a projects funded under the Appalachian Regional job order by the contractor with the State Development Act of 1965. Employment Service, the State Employment Service is unable to refer any qualified job 1. During the performance of this contract, the applicants to the contractor, or less than the contractor undertaking to do work which is, or number requested, the State Employment reasonably may be, done as on-site work, shall Service will forward a certificate to the contractor give preference to qualified persons who indicating the unavailability of applicants. Such regularly reside in the labor area as designated certificate shall be made a part of the by the DOL wherein the contract work is contractor's permanent project records. Upon situated, or the subregion, or the Appalachian receipt of this certificate, the contractor may counties of the State wherein the contract work employ persons who do not normally reside in is situated, except: the labor area to fill positions covered by the certificate, notwithstanding the provisions of a. To the extent that qualified persons subparagraph (1c) above. regularly residing in the area are not available. 5.The provisions of 23 CFR 633.207(e) allow the b. For the reasonable needs of the contractor contracting agency to provide a contractual to employ supervisory or specially experienced preference for the use of mineral resource personnel necessary to assure an efficient materials native to the Appalachian region. execution of the contract work. 6. The contractor shall include the provisions of c. For the obligation of the contractor to offer Sections 1 through 4 of this Attachment A in employment to present or former employees as every subcontract for work which is, or the result of a lawful collective bargaining reasonably may be, done as on-site work. contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to
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EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
[SEE SECTION 102-11 OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS]
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GOALS FOR MINORITY PARTICIPATION IN THE CONSTRUCTION INDUSTRY ______
COUNTY % GOAL COUNTY % GOAL COUNTY % GOAL Albany 3.2 Herkimer 2.1 Richmond * Allegany 6.3 Jefferson 2.5 Rockland 22.6 Broome 1.1 Kings * St. Lawrence 2.5 Bronx * Lewis 2.5 Saratoga 3.2 Cattaraugus 6.3 Livingston 5.3 Schenectady 3.2 Cayuga 2.5 Madison 3.8 Schoharie 2.6 Chautauqua 6.3 Monroe 5.3 Schuyler 1.2 Chemung 2.2 Montgomery 3.2 Seneca 5.9 Chenango 1.2 Nassau 5.8 Steuben 1.2 Clinton 2.6 New York * Suffolk 5.8 Columbia 2.6 Niagara 7.7 Sullivan 17.0 Cortland 2.5 Oneida 2.1 Tioga 1.1 Delaware 1.2 Onondaga 3.8 Tompkins 1.2 Dutchess 6.4 Ontario 5.3 Ulster 17.0 Erie 7.7 Orange 17.0 Warren 2.6 Essex 2.6 Orleans 5.3 Washington 2.6 Franklin 2.5 Oswego 3.8 Wayne 5.3 Fulton 2.6 Otsego 1.2 Westchester 22.6 Genesee 5.9 Putnam 22.6 Wyoming 6.3 Greene 2.6 Queens * Yates 5.9 Hamilton 2.6 Rensselaer 3.2
* The following goal ranges are applicable to the indicated trades in the Counties of Bronx, Kings, New York, Queens, and Richmond:
Electricians...... 9.0 to 10.2 Carpenters...... 27.6 to 32.0 Steam Filters...... 2.2 to 13.5 Metal Lathers...... 26.0 to 28.6 Operating Engineers...... 25.6 to 26.0 Plumbers...... 12.0 to 14.5 Iron Workers (Structural)...... 25.9 to 32.0 Elevator Constructors...... 5.5 to 6.5 Bricklayers...... 13.4 to 15.5 Asbestos Workers...... 22.8 to 28.0 Roofers...... 6.3 to 7.5 Iron Workers (Ornamental)...... 22.4 to 23.0 Cement Masons...... 23.0 to 27.0 Glaziers...... 16.0 to 20.0 Plasterers...... 15.8 to 18.0 Teamsters...... 22.0 to 22.5 Boilermakers...... 13.0 to 15.5 All Others...... 16.4 to 17.5
GOALS FOR WOMEN
Female Goals - 6.9%
Goals for the utilization of women by Federal and Federally assisted construction contractors were last published on April 7, 1978 (43 CFR 4988, 149000). That April 7, 1978 publication included a 6.9% goal for the period from April 1, 1980 until March 31, 1981. Pursuant to 41 CFR 60-4.6, the 6.9% goal for female utilization is extended until further notice
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SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT)
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation of the United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, age, color, sex or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, 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 Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap.
(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, NYSDOT or the FHWA 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, NYSDOT or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimi- nation provisions of this contract, the SPONSOR shall impose such contract sanctions as it or the NYSDOT or the FHWA 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) through (6) 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 subcontractor procurement as the SPONSOR, NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the SPONSOR and/or NYSDOT to enter into such litigation to protect the interests of the SPONSOR and/or NYSDOT and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
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SPECIAL NOTES
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UTILITY COORDINATION
The Contractor must coordinate his/her schedule of operations with the various utility owners involved with the project and shall verify the utility information found in the contract documents.
The Contractor is reminded that he/she is governed by and must adhere to the provisions 16 NYCRR Part 753 (Protection of Underground Facilities).
Utility adjustments/relocations required by the various Utility owners in connection with this project are listed below. Other relocations may become necessary during the construction phase as a result of more precise location data or other changes that may develop. These relocations are to be performed by the utility owners with coordination by the contractor.
NYSEG (Electric) Relocation of utility poles within the project limits is complete. Coordination will be required for supplying power to the new decorative lighting.
Contact for NYSEG Electric: Dan Szozda Phone: (585) 484-4082 Email: [email protected]
NYSEG (Gas) Relocation and decommissioning of the existing gas main is complete. The new gas main is now located with 1’ft of the eastern highway boundary line. Coordination will be required during replacement of the Wood Brook Culvert.
Contact for NYSEG Gas: Josh Sheldon Phone: (585) 484-4042 Email: [email protected]
Verizon Existing underground and overhead facilities are in the process of being relocated to the new NYSEG utility poles.
Contact for Verizon: Alternate Contact: Scott Stepanski Michelle Michel Phone: (315) 937-2447 Phone: (315) 937-2452 Email: [email protected] Email: [email protected]
Charter/Spectrum Overhead facilities are in process of beign transferred to new NYSEG Utility poles.
Contact for Charter/Spectrum Stephen Jones Phone: (315) 634-6128 Email: [email protected]
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City of Auburn The existing 6” water main will be upgraded to a 12” water main and relocated to the east side of South Street and around the new culvert at Wood Brook.
The existing 8” sanitary sewer crossing wood brook will be relocated to the south and required temporary sanitary sewer to maintain flow during the relocation.
New decorative street lighting will be installed and required multiple service connection points from NYSEG poles. .
Contact Info for City of Auburn - Water/Sewer Alternate Contact: Tom Gabak – Water/Sewer Supervisor Seth Jensen – Director Municipal Utilities Phone: (315) 604-6481 Phone:(315) 727-6502 Email: [email protected] Email: [email protected]
Contact Info for City of Auburn - Lighting Mike Talbot - Supt. of Public Works Phone: (315) 277-0638 Email: [email protected]
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ENVIRONMENTAL
The Sponsor has filed a joint application to the New York State Department of Environmental Conservation and the United States Army Corps of Engineers for Article 15 Protection of Waters, Section 401 Water Quality Certification and Section 404 Clean Water Act.
At the time of bidding Permits have not been issued. Wood Brook is classified by NYSDEC as a Class C stream. The contractor should assume that all in-stream work will only be permitted from July 15 to March 15, or any other time when there is no flow and the work area is dry. The final determination and any additional restrictions will be in accordance with the issued permits.
In addition, this project falls under Nationwide Permit #3 Maintenance. This permit can be found in the PERMITS section of the Proposal Book.
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UPDATES, ERRATA, AND MODIFICATIONS TO THE NYSDOT STANDARD SPECIFICATIONS
The latest revisions of the Standards Specifications and Standard Sheets maintained by the New York State Department of Transportation, which are current on the date of advertisement for bids, shall be considered to be in effect.
The official New York State Department of Transportation Standard Specifications and Standard Sheets, may be accessed on the Department’s website: https://www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc
Be certain you access the correct edition of the Standard Specifications and Standard Sheets.
The responsibility of maintaining an up to date copy of the Standard Specifications lies solely with the prospective bidders and as such, the references provided herein are for informational purposes only. In order to obtain all updates, errata, and modifications to the Standard Specifications, prospective bidders should consult the NYSDOT’s Engineering Information Issuance System, which is located at: https://www.dot.ny.gov/main/business-center/consultants/forms-publications-and- instructions/engineering-information-issuance-system
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FUEL, ASPHALT, & STEEL PRICE ADJUSTMENTS
The following pages contain the Asphalt Price Adjustment Conversion Factors and Fuel Price Adjustment Conversion Factors, as issued under EB 15-010, which are to be used in the computation of progress and final payments (Item 698.04 and 698.05).
Current Fuel, and asphalt prices and steel producer price indexes (PPIs) are available at the New York State Department of Transportation Web Site: https://www.dot.ny.gov/main/business-center/contractors/construction-division/fuel-asphalt- steel-price-adjustments
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OWNER REQUIREMENTS FOR WATER MAINS AND APPURTENANCES
GENERAL The following are the requirements of the Owner of the water system for this contract. All manufacture or proprietary material designations are the requirement of the Owner. Approval of an equal item other than that specified must be granted by the Owner.
MATERIALS
A. PIPE: Class 52 Ductile Iron, push-on type meeting ANSI/AWWA Standard C-151
B. MECHANICAL JOINT FITTINGS, RESTRAINTS AND ADAPTORS: (Glands and Retainers, Restraints); Ductile Iron meeting AWWA Standard C-110 Acceptable Approved Manufacturers: EBBA Iron (Megalug), Smith-Blair, Ford Meter Box Company Bolt through MJ x MJ Adaptors - INFACT Corp, Foster Adaptor (or approved equal),
C. RESILIENT SEATED GATE VALVES/ TAPPING VALVES: Meeting AWWA Standards C-509/C-515 4”-24” Non-rising stem, OPEN RIGHT, with stainless steel bonnet bolts Acceptable Approved Manufactures: Kennedy Valve, AVK, Mueller
D. TAPPING SLEEVES: Meeting AWWA Standard C-223 All stainless steel body and bolts Acceptable Approved Manufacture: Smith-Blair, Ford Meter Box Company, Mueller
E. FIRE HYDRANTS All Fire Hydrants shall be Kennedy Guardian K81D with 5 ¼” main valve opening, (2) 2 ½” Nozzles NST, (1) Integral 5” Storz Connection Steamer, 1 1/8” Pentagon Operating Nut (OPEN LEFT), 6” MJ inlet with accessories. Color: Sherwin Williams Safety Yellow #SW4084
F. FIRE HYDRANT INSERTS All Hydrant Inserts shall be Kennedy Guardian K81AW Inserts with (2) 2 ½” Nozzles NST, (1) ) Integral 5” Storz Connection Steamer, 1 1/8” Pentagon Operating Nut (Open left), to fit M62 Bronze Lined Mathews Hydrant Elbow. Color: Sherwin Williams Safety Yellow #SW4084
G. FIRE HYDRANT EXTENSION KITS All Hydrant kits shall be Kennedy K8150 Extension Kits. Multiple extension kits shall not be acceptable.
H. REPAIR CLAMPS: (Full circle clamps): Meeting AWWA Standard C-111 All stainless steel body and bolts Acceptable Approved Manufacturer: Smith-Blair, Ford Meter Box Company, AVK
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OWNER REQUIREMENTS FOR WATER MAINS AND APPURTENANCES
I. COUPLINGS (non-restrained): 4”-12” Mechanical Joint, transition and wide range couplings shall have a ductile iron sleeve, follower flanges and stainless steel bolts. Acceptable Approved Manufacturers: • Smith and Blair (Omni models 441-442 and Quantum wide- range models 461-462) • Ford (Mechanical Joint Couplings and FC2W Wide Range Coupling)
J. COUPLINGS (restrained): Where restrained couplings are required, they shall be the following: Romac Industries, Inc. ALPHATM & ALPHATM XL Wide Range Restraint coupling Romac Industries, Inc. ALPHATM FC & ALPHATM XL FC Wide Range Restrained Flanged Coupling
K. SERVICE PIPE: (Water Main to Curb Box) All Service Pipes ¾” – 2” shall be Type “K” Copper ASTM B-88
L. SERVICE CORPORATION STOP: ¾” – 2” Service Corporation Stops shall be of the compression connection style (outlet end) and inlet threads shall be AWWA/CC taper thread. Shall comply with latest requirements of the Federal Safe Drinking Water Act. Acceptable approved manufacturer: • Mueller 110 (model H-15008, ¾”-1”) • Mueller 110 (model H-15013 1 ½”- 2”)
M. SERVICE CURB STOP: ¾” – 2” Service Curb Stops shall be of the compression connection style. Shall comply with latest requirements of the Federal Safe Drinking Water Act. Acceptable approved manufacturer: Mueller Mark II Oriseal Curb Valve (Model H-15209)
N. VALVE BOX (GATE VALVE) All gate valve boxes shall be (2) piece, 5 ¼” screw type, cast iron with drop lid marked “WATER”. Acceptable approved manufacturer: Bingham & Taylor (Fig No. 4905)
O. VALVE BOX , CURB (SERVICE BOXES) All service curb boxes shall be (2) piece “Buffalo Style” , 2 ½” screw type cast iron with brass bolt on lid marked “WATER” , rod with brass cotter pin and rod spacer Acceptable approved manufacturer: Bingham & Taylor (Fig No. 4901)
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OWNER REQUIREMENTS FOR WATER MAINS AND APPURTENANCES
HYDROSTATIC TESTING AND DISINFECTION
A. Hydrostatic Testing: Hydrostatic pressure and leakage tests shall be performed in accordance with AWWA C600. Prior to formal testing, the mains shall be thoroughly flushed. Hydrostatic pressure and leakage tests shall be made on installations (water mains, valves, fittings, etc.) having diameters larger than 2 inches. The testing shall include any filling points, sampling points or other appurtenances required to conduct the tests. The total leakage per day shall not exceed the amounts allowable under AWWA C600. Unless otherwise noted in the Owner requirements, the system shall be subjected to the pressure/leakage test with water under a hydrostatic pressure of 150 psi for two (2) hours.
B. Disinfection: Upon completion of all water supply related construction, all mains, valves, hydrants and other appurtenances built under this contract shall be flushed, disinfected and tested for bacteriological quality in accordance with AWWA C651. Tablets shall not be used for chlorination of solvent welded plastic or screwed-joint steel pipe due to danger of fire or explosion from the reaction of joint compounds with calcium hypochlorite. Following flushing of the disinfected main, samples shall be taken by a representative of the City of Auburn Water Department and submitted to an approved laboratory for analysis. No connections, taps or services shall be installed until results are determined and approval is obtained by the City of Auburn.
WATER SERVICE DISRUPTION REQUIREMENTS
A. Planned disruptions of water service: The contractor shall be responsible for the notification of The City of Auburn Water Treatment Plant (315-253-8754) and The City of Auburn Water Maintenance Division (315-253-9554) and all customers to be affected personally or by approved door hanger 24 hours in advance of a planned disruption indicating the time of shut down and the estimated time period of planned disruption of water service. Planned disruptions of water service shall be limited to not more than four (4) hours in length. The contractor shall be responsible for notification of the time of water back in service to The City of Auburn Water Treatment Plant (315-253-8754) and the City of Auburn Water Maintenance Division (315-253-9554)
B. Unplanned disruptions of water service : The contractor shall be responsible for the notification of The City Of Auburn Water Treatment Plant (315-253-8754) and The City of Auburn Maintenance Division (315-253-9554) immediately and all customers to be affected notified personally or by approved door hanger indicating a disruption in service with an estimated time period of disruption
C. Water Back in Service: The contractor shall be responsible for immediate notification to the City of Auburn Water Treatment Plant (315-253-8754) and the City of Auburn Water Maintenance Division (315-253-9554) indicating the time of water back in service
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OWNER REQUIREMENTS FOR SANITARY SEWER INSTALLATION
GENERAL The following are the requirements of the Owner for sanitary sewer installations for this contract. All manufacture or proprietary material designations are the requirement of the Owner. Approval of an equal item other than that specified must be granted by the Owner.
MATERIALS Polyvinyl Chloride Pipe and Fittings shall have bell and spigot joints with flexible elastomeric gaskets. SDR 35 pipe and fittings shall conform to ASTM D 3034 type PSM or ASTM F 679 with joints conforming to ASTM D 3212 and F 477. SDR 26 and 21 pipe and fittings shall conform to ASTM D 2241, with joints conforming to ASTM D 3139 and F 477.
CONSTRUCTION DETAILS A. The manufacturer shall prepare and submit to the Engineer and Contractor a requisite number of approved brochures containing complete information and instructions pertaining to the storage, handling, installation and inspection of pipe, fittings, and joint furnished.
B. The manufacturer shall furnish the services of a competent field representative at the start-up of installation of each type of pipe to instruct the Contractor and Engineer with installation and inspection procedures. Prior to the installation of the first section of each type of pipe the Representative, Engineer and Contractor shall inspect the first shipment of pipe as specified hereinafter, and shall check dimensional tolerances. The Representative shall make periodic scheduled visits to the project as the work progresses and shall be present at required infiltration and exfiltration tests.
C. The manufacturer shall furnish the Engineer with required feeler gauges and other equipment that may be required for recommended and approved inspection procedures.
D. Each pipe and fitting shall be inspected before it is lowered into the trench. The interior of the pipe and all joint surfaces shall be thoroughly cleaned and shall thereafter be maintained clean. Care shall be taken in applying soap to facilitate joining of pipe sections. Soap shall be used sparingly. All pipes shall be laid on compacted stone and true to line and grade with bells upstream and shall have a full, firm, even bearing. No length of pipe shall be laid until the previous length has sufficient backfill material placed and compacted about it to secure it firmly in place to prevent any disturbance. The open ends of pipe shall be securely plugged whenever pipe laying is not in progress. Under no condition shall pipe be laid in water, and no pipe shall be laid when trench conditions or weather are unsuitable for such work.
E. Pipe laying shall begin at a manhole or other appurtenance unless approved otherwise by the Engineer. Sufficient number of short lengths of pipe shall be furnished, in order that wyes may be properly placed in the main sewer line for proper alignment of the connection of the existing lateral to the wye.
F. Pipe and fittings shall be selected so that there will be as small a deviation as possible at the joints and so that inverts present a smooth surface. Pipe and fittings which do not fit together to form a tight joint will be rejected. 139
OWNER REQUIREMENTS FOR SANITARY SEWER INSTALLATION
G. Pipe shall be laid accurately to the lines and grades shown on the plans and/or as directed by the Engineer. Line shall be set by the Contractor and the required invert grades shall be provided adjacent to the stakes. Batter boards shall be placed along the construction at a maximum of fifty (50) foot intervals. The grade line shall be maintained over at least three (3) batter boards at all times. Only a certified operator may use a laser system following the latest operational and safety instruction of the manufacturer of the laser system. The laser system shall be checked for line and grade utilizing batter boards at every set up.
H. Sanitary sewer laterals shall be located by the contractor at the main and at the Right of Way. The contractor shall provide the necessary equipment to fully satisfy himself and the Engineer as the correct location of all laterals. The contractor shall verify each and all laterals to be connected by dye testing and/or other means approved by the Engineer.
I. Sanitary sewers shall have deflection gauge test with test reports. A T.V. inspection of sewers shall be required and recorded on 1 DVD format and reports of sewer pipes installed submitted to the Engineer prior to final payment. The Engineer may require a pressure/leakage test of the sewer pipe.
J. Completed manholes shall be subject to an infiltration or exfiltration test. Manholes, which do not meet the test requirements, shall be repaired by the Contractor at his/her expense.
MAINTENANCE OF SEWAGE FLOW A. Sewage flows from upstream sewers and laterals shall be maintained without interruption during the life of the contract. Any method for bypassing sewage flows shall be submitted in writing to the Engineer for approval prior to the start of bypassing. Included in the submittal shall be the following:
1. A sketch and description indicating: a. The method for any plugging of sewers and location of same. b. Pumps and bypass piping, if used - location, size, and pump capacity.
2. Method of handling flows after working hours.
3. Method of testing newly installed sewer.
4. Any alternative or back-up measures for handling sewage flows.
B. In the event that the Contractor’s temporary modification to the sewer system, or service laterals for maintenance of sewer service, results in any damage to public or private property, the Contractor shall repair the damage including cleaning of basements where sewage has backed up, as directed by the Engineer, at the Contractor’s expense.
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OWNER REQUIREMENTS FOR SANITARY SEWER INSTALLATION
DEWATERING 1. Dewatering shall be accomplished by the Contractor when sewer line flows are above the minimum requirements or inspection of the complete periphery of the pipe is necessary to effectively conduct inspection operation. Dewatering techniques may not include mopping, or any other which will result in a completely dry pipe.
2. Dewatering shall be accomplished by inserting a sewer line plug into the line at a manhole upstream from the section to be inspected. The plug shall be so designed that the sewer flow can be released quickly to prevent any possible damage to public or private property.
3. The contractor will furnish all materials, labor, machinery and services necessary for the by-pass pumping of sanitary sewage when necessary and as directed by the Engineer to effectively conduct the television inspection. By-passed street or curve areas will usually be discharged into an acceptable sanitary sewer manhole.
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SPECIAL SPECIFICATIONS
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ITEM 559.16960118 - PROTECTIVE SEALING OF STRUCTURAL CONCRETE
ITEM 559.17960118 - PROTECTIVE SEALING OF STRUCTURAL CONCRETE FOR EXISTING BRIDGE DECKS
DESCRIPTION. Under this work the Contractor shall furnish and apply, in accordance with this specification, a protective sealer to concrete surfaces, at locations indicated on the plans or where directed by the Engineer.
MATERIALS. The protective sealer used on concrete surfaces shall be one appearing on the Department's Approved List and shall meet the requirements of one of the following subsections:
717-03 - Penetrating Type Protective Sealers 717-04 - Coating Type Protective Sealers
CONSTRUCTION DETAILS.
A. General. Only penetrating type sealers shall be applied to walking or riding surfaces. The Contractor shall provide the Engineer with the sealer Manufacturer's written instructions for application and use, at least five (5) working days before the start of work. Only one (1) brand and specific type of sealer will be allowed for use on each individual element of a project (i.e. each pier, deck, abutment, etc.).
B. Surface Preparation.
1. New Concrete. All required surface texturing, and saw cut grooving, shall be completed before the surface is prepared. All concrete that is to be sealed shall air dry for fourteen (14) days after curing has been removed, or for the length of time specified in the manufacturer's written instructions, whichever is longer. If the concrete is subjected to rain or moisture from other project operations, the drying period shall be extended twenty-four (24) hours for every day the concrete is subjected to water. After the drying period has ended, the concrete surface shall be lightly sand or shot blasted, followed by vacuum cleaning, to remove loose particles.
2. Existing Concrete. Concrete surfaces to be sealed shall be thoroughly cleaned by light sand or shot blasting, followed by vacuum cleaning, to remove loose particles. If the concrete is subjected to rain or moisture from other project operations, the surface will be allowed to air dry for a minimum of forty-eight (48) hours before the sealer is applied.
Care shall be taken while blast cleaning that all dirt is removed with minimal exposure of coarse aggregate. After cleaning, no blasting residue, laitance, curing compounds, standing water, oil, dirt or other foreign particles shall be present, which may prevent penetration or adhesion of the sealer. All surface preparation work shall be completed and approved by the Engineer, before sealer application can commence.
C. Weather Limitations. Sealer materials shall not be applied during wet weather conditions or, if in the opinion of the Engineer, adverse weather conditions are anticipated within twelve (12) hours of the completion of sealer application. Ambient and surface temperatures shall be a minimum of 40oF-during application and until the sealed concrete is dry to the touch. Application by spray methods will not be permitted during windy conditions, if in the opinion of the Engineer unsatisfactory results will be obtained.
D. Sealer Application. The sealer shall be used as supplied by the Manufacturer without thinning or alteration, unless specifically required in the Manufacturer's instructions. Thorough mixing of
1 of 2 July 2009 145 ITEM 559.16960118 - PROTECTIVE SEALING OF STRUCTURAL CONCRETE
ITEM 559.17960118 - PROTECTIVE SEALING OF STRUCTURAL CONCRETE FOR EXISTING BRIDGE DECKS
the sealer before and during its use shall be accomplished as recommended by the Manufacturer. Equipment for sealer application shall be clean of foreign materials and approved by the Engineer before use.
If a penetrating sealer is used, a minimum of two (2) coats of the sealer shall be applied to achieve uniform coverage. The total quantity of sealer applied by all coats shall be equal to the quantity required at the application rate specified in the Approved List. The second and each additional coat shall be applied perpendicular to the previous coat. Care shall be taken when applying each coat, such that running or puddling does not occur. Each coat shall be allowed to dry for a minimum of two (2) hours before the next coat is applied. The final coat shall be allowed to dry according to the manufacturer's instructions, before the removal of maintenance and protection of traffic.
On sloping and vertical concrete surfaces, sealer application shall progress from bottom to top. Care shall be taken to ensure that the entire surface of the concrete is covered and all pores filled.
METHOD OF MEASUREMENT. The work will be measured as the number of square feet of structural concrete sealed.
BASIS OF PAYMENT. The unit price bid per square feet shall include the cost of furnishing all labor, materials and equipment necessary to satisfactorily complete the work.
Payment will be made under:
Item No. Item Pay Unit
559.16960118 Protective Sealing of Structural Concrete Square Foot
559.17960118 Protective Sealing of Structural Concrete Square Foot for Existing Bridge Decks
2 of 2 July 2009 146 ITEM 595.50000018 – SHEET-APPLIED WATERPROOFING MEMBRANE
DESCRIPTION Furnish and install a manually or machine-applied sheet waterproofing membrane in accordance with the contract documents. Include all surface preparation.
MATERIALS Use a sheet-applied waterproofing membrane meeting the requirements of §717-02.
CONSTRUCTION DETAILS General - On new structural concrete, the provisions of §557-3.11, Curing, shall be met prior to membrane system placement. Work will not be done during wet-weather conditions. No work will be done when the concrete structural slab surface temperature is below 50°F, or ambient temperatures are below 50°F. The concrete structural slab shall be surface dry at the time of application of the membrane. The Engineer will verify that atmospheric conditions are favorable for placement of the system based on the manufacturer’s recommendations.
Arrange for the membrane manufacturer to have a competent technical representative at the job site during all phases of preparation and installation.
Supply Material Safety Data Sheets (MSDS) and approved Material Detail Sheets prepared by the membrane manufacturer to the Engineer a minimum of two (2) weeks prior to the scheduled commencement of work. The Material Detail Sheets will contain all material requirements and installation information for each specific waterproofing membrane. The Material Detail Sheets will be accessible at the Department’s Approved List website for reference.
(Bridge Decks) – Begin work no less than (7) calendar days after placement of Portland cement concrete, Portland cement mortar, or epoxy mortar for structural concrete repair. The Engineer may waive the seven-day requirement if the areas of repair can sustain loads without damage or deformation. Subject to the concurrence of the Engineer, if an alternate concrete repair material is used, follow the manufacturer’s instructions for allowable loading.
(Culverts) - Fill the joints between precast culvert sections flush to the culvert slab and sidewall surfaces with a grout conforming to §701-08 Vertical and Overhead Patching Material. In areas where the joints do not line up evenly, taper the grout with a maximum slope of 2:1, from the high side of the joint to the low side, to provide a smooth transition from one unit to the next.
Place the waterproofing membrane over the joints of precast or cast-in-place units following the guidelines of Chapter 19 of the Highway Design Manual, or as indicated on the contract plans and Material Detail Sheets. 1. On vertical surfaces, the waterproofing membrane will be covered with material conforming to §705-07 Premoulded Resilient Joint Filler.
2. On horizontal surfaces.
Page 1 of 2 Rev. Nov., 2013 147 ITEM 595.50000018 – SHEET-APPLIED WATERPROOFING MEMBRANE
Membrane Protection (Culverts) – To protect the waterproofing membrane from punctures, the following procedures will be used:
a. If select granular fill is specified over the culvert, a 6 inch thick protective layer of concrete sand, meeting the requirements of §703-07 Concrete Sand, will be placed on the membrane.
Or
b. If asphalt pavement using aggregate larger than 3/8 inch is specified directly above the membrane, or if clearances don’t allow for 6 inches of concrete sand, a 1 inch thick (minimum) course of HMA with a maximum nominal aggregate size of 3/8 inch will be placed on top of the membrane. The hot mix asphalt will be thoroughly compacted with mechanical tampers.
METHOD OF MEASUREMENT This work will be measured as the number of square feet of sheet-applied, waterproofing membrane satisfactorily installed (measured to the nearest 1 sq ft.). No separate measurement of the vertical faces of curbs, joints, concrete barriers, headers, scuppers, or for the inside surfaces of subdrainage outlets, shall be made. No deductions will be made for holes less than 1 square foot in area.
BASIS OF PAYMENT The unit price bid per square foot for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work.
No additional payments will be made for any re-priming done in conformance with the requirements of the manufacturer’s detail sheets.
Page 2 of 2 Rev. Nov., 2013 148 ITEM 603.63XXYY15 PRECAST CONCRETE BOX CULVERT (Fill Height Less than 2’ – 0”) ITEM 603.64XXYY15 PRECAST CONCRETE BOX CULVERT (Fill Height 2’ – 0” or Greater) ITEM 603.65XXYY15 PRECAST CONCRETE BOX CULVERT (Bridge Size, Fill Height Less than 2’ – 0”) ITEM 603.66XXYY15 PRECAST CONCRETE BOX CULVERT (Bridge Size, Fill Height 2’ – 0” or Greater)
DESCRIPTION
This work shall consist of furnishing and placing single or multi-cell precast reinforced concrete box culvert sections of the type indicated in the plans in accordance with these specifications in the locations indicated and in a manner approved by the Engineer.
MATERIALS
Precast concrete box culvert shall meet the requirements of Section 706-17 Precast Concrete Box Culverts.
CONSTRUCTION DETAILS
A. Inspection, Storage and Handling – Precast box sections will be inspected at the construction site to determine any damage during shipment and for conformance to the dimensional tolerances. An additional inspection will be made prior to placement of precast box sections to determine any damage during storage.
B. Installation 1. Excavation. The requirements specified in Section 206 Trench, Culvert and Structure Excavation, that apply to culverts and storm drains shall govern, except as modified in the plans.
2. Placement. The precast manufacturer shall have a representative available to assist in the installation of the box culvert. Precast box sections shall be installed, true to line and grade, in accordance with the contract plans. Placement of the box sections shall start at the downstream end and proceed upstream, unless otherwise indicated in the contract plans.
3. Joints. Precast box sections shall be installed with the female end upstream and the male joints fully entered therein. The joint openings between adjacent precast units shall not exceed 3/4”. The joints shall be sealed with a continuous gasket installed at the precast plant. Joints shall be drawn together with mechanical connectors, as shown on the approved working drawings. Culverts with a clear rise greater than 4’ shall have a minimum of four connectors per joint. Smaller culverts shall have a minimum of two connectors per joint. The number of mechanical connectors supplied shall be equal to the number of connectors required per joint multiplied by the number of joints unless otherwise approved by the Engineer. After installation, connectors may be left on or removed at the contractor’s option, unless otherwise noted in the contract plans. When the contract plans require, or the contractor chooses to leave the connectors in place, they shall be located so that they do not create an obstruction inside the culvert. Gaps which occur on the interior surfaces of the culvert due to misalignment or grade difference shall be filled as ordered by the Engineer, with an approved concrete repair material so as to produce a smooth continuous surface.
Page 1 of 2 EI 98-009 3/2/98 L 9/10/98 149 ITEM 603.63XXYY15 PRECAST CONCRETE BOX CULVERT (Fill Height Less than 2’ – 0”) ITEM 603.64XXYY15 PRECAST CONCRETE BOX CULVERT (Fill Height 2’ – 0” or Greater) ITEM 603.65XXYY15 PRECAST CONCRETE BOX CULVERT (Bridge Size, Fill Height Less than 2’ – 0”) ITEM 603.66XXYY15 PRECAST CONCRETE BOX CULVERT (Bridge Size, Fill Height 2’ – 0” or Greater)
4. Backfilling. The types of materials to be used in backfilling and the procedure of placement shall conform to the contract plans and the applicable provisions of Subsection 203-3.15.
METHOD OF MEASUREMENT
The quantity to be measured for concrete box culvert sections shall be the number of linear feet (laying length) furnished and installed in the work. Linear feet (laying length) shall be measured by multiplying the number of whole units by the nominal length of each unit and adding, thereto to the length of any fractional units incorporated in the work. The nominal length of a unit or fractional unit shall be the inside measured length from one butting end to the other butting end measured along the bottom centerline of the unit.
BASIS OF PAYMENT
The quantity to be paid for shall be the number of linear feet of each size box culvert section incorporated in the work. The unit price bid shall include the cost of furnishing all labor, materials, equipment and installation supervision by the precast manufacturer’s representative, necessary to satisfactorily complete the work. The cost of furnishing and installing headwalls and cut off walls shall also be included in the unit price bid.
Payment shall be made under Item 603.63XXYY15, 603.64XXYY15, 603.65XXYY15, and 603.66XXYY15, where XX and YY, as indicated in the itemized proposal shall mean the inside span and rise dimensions respectively in feet, to the nearest whole foot, of the precast section.
Maximum XX value = 24 feet Maximum YY value = above 10 feet consult Materials Bureau.
Page 2 of 2 EI 98-009 3/2/98 L 9/10/98 150 ITEM 603.98100204 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 2 NPS ITEM 603.98100304 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 3 NPS ITEM 603.98100404 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 4 NPS ITEM 603.98100604 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 6 NPS ITEM 603.98100804 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 8 NPS ITEM 603.98101004 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 10 NPS ITEM 603.98101204 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 12 NPS ITEM 603.98101504 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 15 NPS ITEM 603.98101804 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 18 NPS ITEM 603.98102104 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 21 NPS ITEM 603.98102404 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 24 NPS ITEM 603.98102704 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 27 NPS ITEM 603.98103004 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 30 NPS ITEM 603.98103304 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 33 NPS ITEM 603.98103604 - Polyvinyl Chloride (PVC) Sewer Pipe & Fittings 36 NPS
DESCRIPTION Under this item the Contractor shall furnish, install and test (PVC) Sewer Pipe and fittings of the size and at the locations shown on the plans or where directed by the Engineer.
MATERIALS As specified in the contract documents.
CONSTRUCTION DETAILS As specified in the contract documents.
METHOD OF MEASUREMENT The quantity will be measured as the number of linear feet of new sewer pipe (including all necessary connections and fittings) furnished and installed in accordance with the plans, specifications and as directed by the Engineer.
BASIS OF PAYMENT The unit prices bid per linear foot shall include the cost of furnishing all labor, materials, and equipment necessary to satisfactorily complete the work including, but not limited to fittings, plugs, connections, and leakage tests.
Excavation, sheeting, and backfill material will be paid for separately under their respective items.
Progress payments will be made at the unit price bid for 80 percent of the quantity of pipe installed. The remaining 20 percent will be paid for when the testing of the system has been completed.
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152 ITEM 603.99050002 - CONCRETE PLUGS FOR SEWER PIPE
DESCRIPTION: Under this item, the Contractor shall construct plugs in storm, sanitary or combined sewers at locations shown on the Plans or where directed by the Engineer.
MATERIALS: The plugs shall be constructed of either concrete poured in place, concrete blocks or common brick set in mortar beds.
Concrete for structures (appurtenant placements) shall conform to the requirements of Section 555, Concrete Block to Section 704-04, Common Brick to Section 704-01, and Mortar to Subsection 705-21 of the Standard Specifications.
CONSTRUCTION DETAILS: All work shall be performed in a workmanlike manner by competent personnel. The minimum thickness of the plugs shall be the inside diameter of the pipe being plugged or 24 inches, whichever is less.
METHOD OF MEASUREMENT: This work will be measured by the number of concrete plugs constructed in accordance with the Plans, specifications or as ordered by the Engineer.
BASIS OF PAYMENT: The unit price bid shall include the cost of all labor, materials and equipment necessary to complete the work. Excavation and backfill shall be paid for under their respective items in accordance with the details shown on the Plans.
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154 ITEM 603.9910XX05 - TEMPORARY SANITARY SEWER
DESCRIPTION:
The requirements of SECTION 660 - UTILITIES shall apply to work performed under this item. Under this item the Contractor shall construct, move or remove, as directed, temporary sanitary sewer piping, temporary supporting structures, temporary connections to existing sanitary sewers, and necessary appurtenances to maintain operation of the sanitary sewer system as required by the system owner.
MATERIALS:
When specific details are shown on the plans, the materials specified shall be used. When specific details are not shown on the plans, the Contractor shall assume all liability and responsibility for determining the materials required to perform the work.
The piping shall have water tight joints.
CONSTRUCTION DETAILS:
Temporary sanitary sewer pipe and temporary supporting structures shall be constructed in such a manner and sequence that interference with and inconvenience to the traveling public and the abutting owners is kept to a minimum.
Temporary supporting structures shall be designed to carry the weight of the sewer line and, if crossing a waterway, be designed to resist the forces imparted by the water current should any part of the structure be located within the waterway.
Plans for supporting structures shall be signed and sealed by a Professional Engineer licensed to practice in New York State and be submitted to the Engineer-in-Charge for approval at least two weeks before beginning any work on the temporary sanitary sewer.
The Engineer may approve these plans if they are found to be in conformance with the Contract Plans and Specifications, return the plans to the Contractor for corrections or reject the plans. If the plans are returned for corrections or rejected the Contractor shall resubmit plans which are in conformance with the Contract Documents and the Engineer’s comments.
Approval by the Engineer does not relieve the Contractor from the responsibility for the satisfactory performance of the temporary system, or any damage caused by its installation, operation, maintenance or removal.
METHOD OF MEASUREMENT:
Temporary sanitary sewer piping and its respective supporting structure will be computed for payment on a lump sum basis.
Page 1 of 2 02/02/98 07/11/11 E 155 ITEM 603.9910XX05 - TEMPORARY SANITARY SEWER
BASIS OF PAYMENT:
The unit price of bid shall include all labor, material, equipment and sheeting or coffer dams necessary to build, move, remove or dismantle the sanitary sewer line and supporting structure.
Payment shall be made under Item 603.9910XX05, where XX represents the location of the installation as serialized in the Contract Documents.
Payment will be made at the lump sum bid price for each temporary sanitary sewer and supporting structure as follows:
Seventy-five (75) percent when the temporary sanitary sewer and supporting structure is complete and functional.
Twenty-five (25) percent when the temporary sanitary sewer and supporting structure is permanently removed.
Page 2 of 2 02/02/98 07/11/11 E 156 ITEM 604.10010018 - 10 INCH DIAMETER PVC DRAIN BASIN WITH 10 INCH DIA. GRATE ITEM 604.12010018 - 12 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE ITEM 604.12020018 - 12 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 36 INCH GRATE ITEM 604.15010018 - 15 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE ITEM 604.15020018 - 15 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 36 INCH GRATE ITEM 604.18010018 - 18 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE ITEM 604.18020018 - 18 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 36 INCH GRATE ITEM 604.24010018 - 24 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE ITEM 604.24020018 - 24 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 36 INCH GRATE
DESCRIPTION This work shall consist of furnishing and installing PVC drain basins in accordance with these specifications the contract documents and standard sheets for field inlets only. Drain basin items are not to be used in any traffic rated applications and must be capable of supporting HS- 25 loading.
MATERIAL The specified drain basins shall be made using PVC pipe stock meeting all mechanical property requirements for fabricated fittings as described in the latest version of ASTM F794 Standard for PVC Profile Gravity Sewer and Fittings, and ASTM F1336 Standard for PVC Gasketed Sewer Fittings. Manufacturer shall use a thermo-molding process to reform the pipe to the required configuration.
Additional Materials shall conform to the requirements of the following: Cast-In-Place Concrete, Class A 501 Frames , Grates and Covers 655 Smooth Interior Corrugated Polyethylene Culvert and 603 Storm Drain Pipe Concrete curing materials and admixtures 711 Elastomeric gaskets shall be in conformance with ASTM F477 Elastomeric Seals (Gaskets) for Joining Plastic Pipe.
Grates shall be made of cast or ductile iron. Metal used in grates manufacturing shall conform to ASTM A48 or ASTM A48M or ASTM A536. Buy America requirements will apply to the grates material.
CONSTRUCTION DETAILS Excavation: All requirements as specified in Section 206 “Trench, Culvert and Structure Excavation” shall apply except as modified herein or as ordered by the Engineer.
Page 1 of 2 USC 02/02/2012 Rev. 05/03/2019 157 ITEM 604.10010018 - 10 INCH DIAMETER PVC DRAIN BASIN WITH 10 INCH DIA. GRATE ITEM 604.12010018 - 12 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE ITEM 604.12020018 - 12 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 36 INCH GRATE ITEM 604.15010018 - 15 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE ITEM 604.15020018 - 15 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 36 INCH GRATE ITEM 604.18010018 - 18 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE ITEM 604.18020018 - 18 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 36 INCH GRATE ITEM 604.24010018 - 24 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 24 INCH GRATE ITEM 604.24020018 - 24 INCH DIAMETER PVC DRAIN BASIN WITH 24 X 36 INCH GRATE
Drain Basins: Drain basins shall be installed vertically on a minimum of 6 inches of compacted fill. HDPE pipe connection to the PVC basin drain shall be made with a belled stub and gasket providing a silt tight seal. A field connection using a gasket and bell combination is allowed. Basins will be connected with the appropriately sized Smooth Interior Corrugated Polyethylene Culvert and Storm Drain Pipe along the flow line. Field cutting the PVC vertical riser to proper height is allowed. Use of a manufacturer supplied PVC vertical riser extension shall be allowed to add height to the drain basin as required. A transition section plate shall be used to transition from the PVC body to the specified grate. Concrete support collar for specified grate shall be Class A Portland Cement Concrete meeting all requirements of Section 501, Section 502-3.01 and shall be cured using a white pigmented curing compound material in accordance with Section 711-05.
Backfill: All units shall be backfilled in accordance to Section 203-3.15, Fill and Backfill at Structures, Culverts, Pipes, Conduits and Direct Burial Cables.
METHOD OF MEASUREMENT Drain basins will be measured for payment by the number of units installed on an each basis.
BASIS OF PAYMENT The unit price bid per unit shall include the cost of all labor, equipment and materials necessary to complete the installation including the PVC body, all necessary pipe connections and fittings, gaskets, transition section plate, poured in place concrete support collar and grate except the following: Excavation - Payment will be made under Trench, Culvert and Structure Excavation. Backfill- Backfill of PVC drain basins will be paid under item 203.07.
Page 2 of 2 USC 02/02/2012 Rev. 05/03/2019 158 ITEM 604.5102NN15 - STORMWATER TREATMENT SYSTEM (SWTS)
DESCRIPTION: This work shall consist of designing, furnishing, installing, maintaining and cleaning a stormwater treatment system (SWTS) in accordance with this specification, as shown in the contract documents and as directed by the Engineer.
MATERIALS: The following sections of the New York State Department of Transportation (NYSDOT) Standard Specifications shall apply:
Frames, Grates and Covers 655-2 Precast Concrete 704-03 Precast Concrete Drainage Units 706-04
All precast concrete elements shall meet the requirements of §704-03, except the concrete shall have a minimum compressive strength of 5000 psi (35 Mpa) at 28 days, unless specified otherwise or as noted on the approved fabrication drawing. Precast units shall be fabricated at facilities listed on the Department’s Approved List for Group 2 – Drainage Units (§706-04). Refer to §704-03 – Basis of Acceptance for other acceptance criteria.
Manhole frames and covers shall comply with the requirements of §655.
The SWTS components, inserted or cast into precast concrete units, shall be one of the following manufacturers:
Continuous Deflective Separator (CDS®) Vortechs® as manufactured by as manufactured by Contech Engineered Solutions Contech Engineered Solutions 9025 9025 Centre Pointe Drive West Centre Point Drive, Suite 400 West Chester, OH 45069 Chester, OH 45069 800.388.1122 800.338.1122 800.338.1122 www.conteches.com www.conteches.com
The Cascade Separator® System Downstream Defender® as manufactured by as manufactured by Contech Engineered Solutions Hydro International 9025 Centre Point Drive 94 Hutchins Drive West Chester, OH 45069 Portland, ME 04102 800.338.1122 207.756.6200 www.conteches.com www.hydro-int.com
BaySeparator™ StormPro as manufactured by as manufactured by Advanced Drainage Systems, Inc. Environment 21, LLC 4640 Trueman Boulevard 10 Ellicott Street Hilliard, OH 43026 Batavia, NY 14020
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159 ITEM 604.5102NN15 - STORMWATER TREATMENT SYSTEM (SWTS)
800.821.6710 800.809.2801 www.ads-pipe.com www.env21.com
Barracuda® First Defense® HC as manufactured by as manufactured by Advanced Drainage Systems, Inc. Hydro International 4640 Trueman Blvd. 94 Hutchins Drive Hillard, OH 43026 Portland, ME 04102 800.821.6710 207.756.6200 www.ads-pipe.com www.hydro-int.com
or equal as ordered by the Engineer
Loading Requirements Precast concrete structures housing SWTS units shall be designed for HS-20.
Performance Standards The structure(s) must meet the following performance specifications: 1. The manufacturer must document a sediment removal efficiency of 50% for all particles entering the structure (as determined by third party independent scientific study) at the flow rate associated with the Water Quality Volume as indicated in the contract documents; 2. The manufacturer shall determine the rise in Hydraulic Grade Line (HGL) of the drainage system upstream of the SWTS. This shall consist of a stage-discharge table indicating the water surface elevation at the entrance of the SWTS for the full range of flows that may pass through the system.
Documentation of these performance standards must be submitted prior to material acceptance and installation.
All pipe sizes and invert elevations determined by the manufacturer shall be verified by the contractor prior to installation of pipes at the unit.
CONSTRUCTION DETAILS: The Contractor shall consult the contract documents for the following information:
1. Design Peak Flow or Water Quality Flow Rate. The design peak flow rate is the water quality flow rate (in cubic feet per second or gallons per minute) associated with the 10-year, 24-hour storm event. 2. Maximum Treatment Flow Rate through the SWTS. The Contractor shall select a SWTS unit with a maximum treatment flow rate that can fully treat and convey the design peak flow. If the unit cannot fully treat and convey 100% of the design peak flow, the SWTS shall be installed off the main drainage system (off-line installation). 3. Unit configuration: Relative to the drainage system (on-line vs. off-line). 4. Inlet, bypass and outlet pipe diameters: These elements shall be as required by the manufacturer Page 2 of 4 August 2020
160 ITEM 604.5102NN15 - STORMWATER TREATMENT SYSTEM (SWTS)
and/or as indicated in the contract documents.
The Contractor shall follow all manufacturer’s instructions for installation and field testing.
The Contractor shall be responsible for cleaning the system when needed, maintaining performance/efficiency, and keeping maintenance inspection records for the duration of the contract. If the system is not functioning as outlined in the operation and maintenance (O&M) manual, the Contractor, with the Engineer’s approval, shall take the steps necessary to diagnose and correct the problem. This shall be done at no additional cost to the State.
Submittals The Contractor shall provide the Manufacturer’s standard sheets, installation details, and O&M manual(s) to the Engineer ten days prior to installation. Design calculations and fabricator working drawings shall be stamped by a registered Professional Engineer licensed to practice in New York State. Fabricator working drawings, prepared in accordance with the requirements of §704-03 shall be supplied to the Materials Bureau for approval prior to fabrication of the precast concrete units.
Acceptance Precast units will be accepted based on the manufacturer’s name appearing on the Department’s Approved List for the item being supplied. Refer to §704-03 for other acceptance criteria related to the precast unit.
The SWTS installation shall be accepted after the Engineer verifies that the system has been installed per manufacturer’s instructions and is field tested and functioning as described in the O&M manual.
METHOD OF MEASUREMENT: This work will be measured as the number of each stormwater treatment systems (SWTS) installed.
BASIS OF PAYMENT: The unit bid price for each stormwater treatment system shall include the cost of all labor, materials, equipment necessary to satisfactorily complete the work.
The cost of the outlet/inlet pipes will be paid for under their respective items.
Progress payments will be made for 75 percent of the unit price bid for this item upon satisfactory installation of the SWTS. The remaining 25 percent will be paid after the SWTS has been cleaned and the Engineer has verified that the SWTS is functioning in accordance with the product literature (O&M manual).
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161 ITEM 604.5102NN15 - STORMWATER TREATMENT SYSTEM (SWTS)
Payment will be made under:
ITEM DESCRIPTION UNIT 604.51020115 Stormwater Treatment System (SWTS) up to 1.6 cfs (12 g/s) EA 604.51020215 Stormwater Treatment System (SWTS) over 1.6 cfs (12 g/s) up to 2.8 cfs (21 EA g/s) 604.51020315 Stormwater Treatment System (SWTS) over 2.8 cfs (21 g/s) up to 4.5 cfs (33 EA g/s) 604.51020415 Stormwater Treatment System (SWTS) over 4.5 cfs (33 g/s) up to 6.0 cfs (45 EA g/s) 604.51020515 Stormwater Treatment System (SWTS) over 6.0 cfs (45 g/s) up to 8.5 cfs (64 EA g/s) 604.51020615 Stormwater Treatment System (SWTS) over 8.5 cfs (64 g/s) up to 11.0 cfs (82 EA g/s) 604.51020715 Stormwater Treatment System (SWTS) over 11.0 cfs (82 g/s) up to 14 cfs (105 EA g/s) 604.51020815 Stormwater Treatment System (SWTS) over 14 cfs (105 g/s) up to 17.5 cfs EA (127 g/s) 604.51020915 Stormwater Treatment System (SWTS) over 17.5 cfs (127 g/s) up to 25.0 cfs EA (187 g/s)
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162 ITEM 605.9810XX18 - SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE
DESCRIPTION: The work shall consist of furnishing and installing Smooth Interior Perforated Corrugated Polyethylene Underdrain Pipe for drainage in accordance with this specification, the contract plans and the Standard Sheet entitled "Installation Details For Corrugated Metal and Structural Plate Pipe and Pipe-Arches".
MATERIALS: The Smooth Interior Perforated Corrugated Polyethylene Underdrain Pipe shall conform to the requirements of Subsection 706-12, Smooth Interior Corrugated Polyethylene Pipe, of the Standard Specifications. Underdrain filter materials shall consist of screened gravel, crushed stone, crushed gravel, or crushed slag meeting the requirements of Section 605-2.02 Granular Filter Materials.
End Sections. End sections shall be galvanized steel conforming to Subsection 707-10, Galvanized Steel End Sections, of the Standard Specifications. Metal end sections used with polyethylene pipe shall be sized as follows:
Pe Pipe O. D. End Section PE PIPE Wall Thick. (Approx.) (Metal Pipe Size) I. D. (Approx.)
12" 1.0" 14" 15.75" 15" 1.5" 17.8" 17.75" 18" 1.6" 21.2" 24" 24" 1.8" 27.6" 27.5" 30" 2.0" 34.2" 36" 36" 2.5" 41" 48"
CONSTRUCTION DETAILS: In addition to the construction details of '605, following shall apply.
Excavation. The requirements specified in '206, Trench, Culvert and Structure Excavation, that apply to culverts and storm drains shall govern, except as modified herein. Width of excavation at trench bottom shall be measured as the nominal outside diameter of the pipe plus 12" or as show on the plans.
Laying Pipe. All pipe shall be laid in reasonably close conformity to line and grade and shall have a full, firm and even bearing at each joint and along the entire length of pipe. Joint misalignment shall not result in offsets, in the interior smooth liner, greater than 0.25". Pipe laying shall begin at the downstream end and progress upstream or as ordered by the Engineer. Any single run of pipe, excluding end sections, shall consist wholly of the same type material unless otherwise directed by the Engineer. In a closed drainage application the upgrade end of a run need not be capped. End caps shall be used when deemed necessary by the Engineer.
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163 ITEM 605.9810XX18 - SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE
Handling and Assembly of Pipe. All pipe shall be handled, stored and assembled in accordance with the Approved Materials Details except as modified on the plans or by the Engineer's written order. Two copies of Materials Details shall be provided by the supplier through the Contractor to the Engineer at least 10 days prior to shipment of the product to the job site. Joint assembly shall be made with manufactured ends. Field cuts shall be permitted only at the terminal ends and shall result in a minimum pipe length of one foot. Joint assemblies shall provide separations no greater than 0.5" between adjoining sections of pipe. Lateral connections shall be made with appropriate fittings, supplied by the pipe manufacturer and approved by the Engineer. For basin connections, installations shall be in accordance with the standard sheet entitled " Drainage Structure Details " except that the pipe end shall protrude 2" into the basin interior to provide for a 45E battered grout seal. The battered grout seal shall be applied to both interior and exterior faces of the basin.
Bedding and Backfilling Pipe. When using Smooth Interior Perforated Corrugated Polyethylene Underdrain pipe, the type of materials to be used in bedding and backfilling shall conform to the provisions of Section 605, Underdrains. Installation shall be in accordance with the Standard Sheet titled "Installation Details for Corrugated Metal and Structural Plate Pipe and Pipe-Arches" and as modified in this specification. The pipe after installation shall have a maximum deflection of 5% of its nominal inside diameter. The Engineer may order the Contractor to perform mandrel testing to determine the 5% specification compliance.
Damage. Pipe that is damaged or disturbed through any cause occurring prior to acceptance of the contract, shall be replaced or realigned as directed by the Engineer and at the Contractor's expense. Pipe that is defective from any cause, including damage caused by handling, will be unacceptable for installation and will be replaced as directed by the Engineer at no cost to the State. Pipe with damaged ends may be incorporated into the work at terminal locations and only if the damaged portion is totally removed by the field cut. Repair or replacement of pipe that is disturbed, damaged or misaligned shall provide the same product as a new pipe installation, as determined by the Engineer.
METHOD OF MEASUREMENT:
The provisions of '605-4 Method of Measurement shall apply.
BASIS OF PAYMENT:
End sections, Excavation, granular fill and backfill will be paid for separately under their appropriate items in '203 and '206 as applicable.
Payment will be made under:
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164 ITEM 605.9810XX18 - SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE
Item 605.98101218 SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE, 12" DIAMETER
Item 605.98101518 SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE, 15" DIAMETER
Item 605.98101818 SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE, 18" DIAMETER
Item 605.98102418 SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE, 24" DIAMETER
Item 605.98103018 SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE, 30" DIAMETER
Item 605.98103618 SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE, 36" DIAMETER
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166 ITEM 607.2X000011 - REMOVE AND DISPOSE OF CHAIN LINK FENCE
Description The work shall consist of removing and disposing of chain link fence, fence posts with attached anchor plate, and fence gates in accordance with the contract documents and as directed by the Engineer.
Materials None specified.
Construction Details The Contractor shall remove the existing chain link fence, fence posts with attached anchor plates, and fence gates as indicated in the contract documents and remove them from the site of work in an approved manner. Anchor bolts shall not be removed.
Any damage caused by the Contractor’s operation to the existing fencing and, appurtenances to remain and/or the surrounding areas shall be repaired/replaced by the Contractor at no cost to the State.
Method of Measurement The work will be paid for the number of linear feet of chain link fencing, measured along the top of the fencing, removed.
The work will be paid for will be the number of each post with attached anchor plate and/or gate removed.
Basis of Payment: The unit price bid per linear feet of the chain link fence removed and disposed shall include the cost of furnishing all labor, equipment and materials necessary to satisfactorily complete the work.
The unit price bid per each post with attached anchor plate and/or fence gate removed and disposed shall include the cost of furnishing all labor, equipment and materials necessary to satisfactorily complete the work
Payment will be made under the following items:
ITEM PAYMENT DESCRIPTION UNIT 607.21000011 Remove and Dispose of Existing Fence Post LF 607.22000011 Remove and Dispose of Existing Fence Post with Attached Anchor EA Plate 607.23000011 Remove Existing Galvanized Steel Double Leaf Chain Link Fence Gate EA with Posts (Size per Plan)
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168 ITEM 607.41010010 - TEMPORARY PLASTIC BARRIER FENCE
DESCRIPTION This work shall consist of furnishing, installing, and maintaining Temporary Plastic Barrier Fences of the type and at the locations shown in the plans or where directed by the Engineer.
MATERIALS Materials for Temporary Plastic Barrier Fences shall meet the following requirements: • Fence: High-density polyethylene mesh, ultraviolet-stabilized min. 2 years; minimum height 4.0 feet. Color: high-visibility orange or green. When used to protect trees or other vegetation, color shall be high-visibility orange. • Posts: Rigid metal or wood posts, minimum length 6.0 feet. • Ties: Steel wire, #14 gauge or nylon cable ties. • Warning signs: Sheet metal, plastic or other rigid, waterproof material, 1.5 feet by 2.0 feet with 4 inch black letters on a white background. Text shall be: "Protected Site - Keep Out" unless otherwise specified.
CONSTRUCTION DETAILS Fences shall be erected prior to moving construction equipment onto any area designated for protection.
The line of fences as indicated on the plans shall be staked or marked out on the ground by the Contractor and approved by the Engineer before any fence is installed. Where used for protection of individual trees, fence shall be placed at the drip line (extent of canopy). If not possible, placement shall be as close to the drip line as possible and in no case less than 5.0 feet away from the tree trunk.
On approval of the stakeout, posts shall be securely driven on 6.0 foot-maximum centers, normal to the ground, to a depth 1/3 of the total post length. Plastic barrier fence shall be placed along the side of all posts. Ends of fencing segments shall overlap a distance of at least one half the fence height.
Fencing shall be secured to posts with wire or cable ties at top, middle and bottom of post. Fastener shall be tight enough to prevent the fencing from slipping down. Overlaps shall also be securely fastened.
Barrier fence which is not orange in color shall be flagged at 6.0 foot intervals with red or orange florescent tape. Warning signs shall be mounted on the fence at no more than 100 foot intervals.
Maintenance shall commence immediately after erection of the fence and continue until one week prior to acceptance of the contract, and shall consist of: replacing damaged post(s) and fencing; re-fastening and tightening fencing; and restoring fence to its intended height.
Fencing used for tree or other vegetation protection shall not be temporarily removed to allow equipment access over a protected area, except as required for items of work specifically shown on the plans and approved by the Engineer in writing.
Page 1 of 2 May, 2012
169 ITEM 607.41010010 - TEMPORARY PLASTIC BARRIER FENCE
METHOD OF MEASUREMENT The quantity to be measured for payment will be the number of feet of Temporary Plastic Barrier Fence erected, measured along the top, to the nearest whole foot.
BASIS OF PAYMENT The unit price bid shall include the cost of all labor, materials and equipment necessary to satisfactorily complete the work. Relocation of a fence from one location to another as directed by the Engineer shall be considered as a new location and will be separately paid.
Seventy percent (70%) of the price bid will be paid after satisfactory installation of the fence. The remaining Thirty percent (30%) will be paid after complete removal of the fence.
Page 2 of 2 May, 2012
170 ITEM 608.21000003 - CAST IRON EMBEDDED DETECTABLE WARNING UNITS
DESCRIPTION Section §608-1 of the Standard Specifications shall apply.
MATERIALS Section §608-2.07 of the Standard Specification shall apply with the following modifications:
Embedded Detectable Warning Units 726-02
All embedded detectable warning units shall be cast iron. No other material will be accepted. Installation of detectable warning units shall be in accordance with manufacturer’s recommendations. All detectable warning units shall have a natural finish color.
CONSTRUCTION DETAILS Cast iron detectable warning units shall be installed in wet concrete as directed by the manufacturer. Follow all applicable manufacturer’s requirements for environmental conditions, surface preparation, installation procedures, curing procedures, and materials compatibility.
METHOD OF MEASUREMENT Section §608-4.07 of the Standard Specifications shall apply.
BASIS OF PAYMENT The unit bid price per square yard shall include all labor, material, and equipment necessary to satisfactorily complete the work, including bedding material. No adjustment shall be made for concrete removed to accommodate embedded units.
Payment will be made under: Item No. Item Pay Unit 608.21000003 Cast Iron Embedded Detectable Warning Units Square Yard
Page 1 of 1 1/13/2010 171
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172 ITEM 610.16010020 – TURF ESTABLISHMENT - PERFORMANCE
DESCRIPTION. The work shall consist of ground preparation and turf establishment in accordance with the contract documents and as directed by the Engineer.
Ground preparation includes preparing the subsoil and furnishing and installing topsoil. Turf establishment includes furnishing and installing seeds, mulch, mulch anchorage, straw, applying water sufficient for seed germination and plant establishment, weed removal and mowing.
MATERIALS.
Topsoil Topsoil may be naturally occurring or may be manufactured. If naturally occurring topsoil exists on the site, it shall be the surface layer of soil at a depth specified in the contract documents or approved by the Engineer. Manufactured topsoil is a mixture of materials comprised of a mineral (soil) component that by itself does not exhibit the properties and characteristics of topsoil and an organic material component. Manufactured topsoil shall have a pH, organic matter content, and USDA soil class texture, similar to naturally-occurring soils in the project area.
Topsoil shall be free from refuse, material toxic or otherwise deleterious to plant growth, subsoil, sod clumps or other viable propagules of invasive plants, woody vegetation and stumps, roots, brush, refuse, stones, clay lumps or similar objects. Construction and demolition debris as classified under 6 NYCRR Part 360, other than uncontaminated land clearing debris, shall not be used to manufacture or amend topsoil. Sod and herbaceous growth such as grass and non-invasive weeds need not be removed but shall be thoroughly broken up and mixed with the soil during handling and manufacturing operations.
Seeds Seeds shall meet the requirements of §713-04.
Mulch Mulch shall meet the requirements of §713-11.
Mulch Anchorage Mulch anchorage shall meet the requirements of §713-12.
Straw Straw shall meet the requirements of §713-19.
Water Water shall meet the requirements of §712-01.
CONSTRUCTION DETAILS.
Topsoil The subsoil within the areas to be covered by topsoil shall be graded so that the completed work after the topsoil is placed shall conform to the specified lines and grades. The Contractor shall scarify or till the surface of the subsoil to a depth of 6 inches before the topsoil is placed to permit bonding the topsoil with the subsoil. Tillage by disking, harrowing, raking or other approved methods shall be accomplished in such a manner that depressions and ridges formed by tillage shall be parallel to the contours.
Topsoil in an unworkable condition due to excessive moisture, frost, or other conditions shall not be placed until its consistency is workable for spreading. Topsoil shall be placed on the designated area and spread to the depth specified in the contract documents or a minimum of 4 inches for turf areas. The finished surface shall be maintained for subsequent seeding. 173 EI 20-006 Page 1 of 3 February 2020 ITEM 610.16010020 – TURF ESTABLISHMENT - PERFORMANCE
Roots and top growth of non-native weeds that emerge from topsoil after placement shall be eradicated and disposed of immediately upon emergence.
Turf Establishment The Contractor shall coordinate establishment of turf with other site and construction activities.
The Contractor shall clean all equipment involved in turf establishment to remove plants, seeds and propagules prior to commencement of work. Any work to clean equipment shall be at no additional cost to the State.
The Contractor shall apply the seed mix at a suitable rate to achieve the required germination and establishment. Any method of sowing that does not injure the seeds and achieves even coverage in the process of spreading will be acceptable.
The Contractor shall perform the initial watering and shall spread straw uniformly in a continuous blanket to hide the soil from view. Mulch anchorage shall be applied.
The Contractor shall water, weed, and mow the turf establishment areas for the duration of the contract. Any work required to correct initial seeding (installation) shall be done at no additional cost to the State.
Water The Contractor shall provide water without damage to turf and mulch. Damage resulting from watering operations shall be repaired at no additional cost to the State.
Weed Removal The Contractor shall remove and dispose of weeds including roots prior to flowering and seed formation by manual, chemical or mechanical means. Any method of weed removal that leaves live roots in the soil will not be permitted. Application of chemicals for weed removal must follow all applicable New York State laws, including but not limited to ECL §33. An appropriately licensed applicator is required for chemical weed control methods. The Contractor shall ensure the preservation of desirable vegetation. Treatment and removal of invasive species will be paid for separately.
Mowing The Contractor shall be responsible, prior to each mowing, for the removal and disposal of any debris and litter which has accumulated since the last mowing. Care shall be taken to avoid damage to existing plant materials.
The Contractor shall mow all turf establishment areas to a height of 3 inches after initial growth reaches 5 inches, and then mowed to a height of 3 inches whenever a height of 5 inches is reached thereafter for the duration of the contract. Clippings shall be mulched in place.
BASIS FOR ACCEPTANCE. Areas will be accepted when: • At least 80 percent of the ground surface is covered uniformly with established permanent turf grass species; • Turf grass shall be an average minimum height of 5 inches; and • Turf grass shall exhibit healthy green color.
METHOD OF MEASUREMENT. The quantity to be measured for payment will be in square yards on slope to the nearest whole square yard of turf established and accepted.
174 EI 20-006 Page 2 of 3 February 2020 ITEM 610.16010020 – TURF ESTABLISHMENT - PERFORMANCE
BASIS OF PAYMENT. The unit price bid shall include the cost of all labor, materials, and equipment necessary to satisfactorily complete the work, including the handling, storing, stockpiling and placement of topsoil, seed, mulch, mulch anchorage, straw, water, weed removal and mowing.
Payment will be made under: Item No. Item Pay Unit 610.16010020 Turf Establishment - Performance Square Yards
175 EI 20-006 Page 3 of 3 February 2020
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176 ITEM 611.19010024 - POST-PLANTING CARE WITH REPLACEMENT - MAJOR DECIDUOUS TREES ITEM 611.19020024 - POST-PLANTING CARE WITH REPLACEMENT - MINOR DECIDUOUS TREES ITEM 611.19030024 - POST-PLANTING CARE WITH REPLACEMENT - CONIFEROUS TREES ITEM 611.19040024 - POST-PLANTING CARE WITH REPLACEMENT - DECIDUOUS SHRUBS ITEM 611.19050024 - POST-PLANTING CARE WITH REPLACEMENT - EVERGREEN SHRUBS ITEM 611.19060024 - POST-PLANTING CARE WITH REPLACEMENT– VINES, GROUNDCOVERS ITEM 611.19070024 - POST-PLANTING CARE WITH REPLACEMENT - HERBACEOUS PLANTS
DESCRIPTION
This work consists of the care of newly planted and transplanted trees, shrubs, vines, groundcovers and other plants and replacement of plants in kind and as necessary, in accordance with the contract documents and as directed by the Engineer.
MATERIALS
Materials shall meet the requirements of the following subsections of Section 700 Materials and Manufacturing. Water 712-01 Topsoil 713-01 Mulch for Landscape Bedding 713-05 Trees, Shrubs and Vines 713-06 Materials for the Protection of Plants 713-08 Pesticides 713-13
CONSTRUCTION
Post-Planting Care. The Contractor shall perform all work as specified under Standard Specification section 611-3.05 Post-Planting Care.
Replacement Planting. Plants that die, become diseased or badly impaired during Post- Planting Care shall be removed and replaced in kind once with new, healthy plant material, in the same location as the initial planting. Replacement planting shall occur within the planting seasons shown in Standard Specification Table 611-1. For any plants replaced during the Post- Planting Care period, Post-Planting Care shall continue to the end of the period.
Replacement plants shall be planted, maintained and accepted per Standard Specification Section 611-3.01. Planting soil used in the initial planting shall be reused for replacement plants and shall be supplemented with topsoil at no additional cost if additional material is needed to meet grade and surface finish. Watering shall accompany backfilling, at no additional cost. No replacement tree shall be staked, guyed or anchored.
EI 12-001 – Statewide Special Spec. Page 1 of 2 USC L 09/06/2012
177 ITEM 611.19010024 - POST-PLANTING CARE WITH REPLACEMENT - MAJOR DECIDUOUS TREES ITEM 611.19020024 - POST-PLANTING CARE WITH REPLACEMENT - MINOR DECIDUOUS TREES ITEM 611.19030024 - POST-PLANTING CARE WITH REPLACEMENT - CONIFEROUS TREES ITEM 611.19040024 - POST-PLANTING CARE WITH REPLACEMENT - DECIDUOUS SHRUBS ITEM 611.19050024 - POST-PLANTING CARE WITH REPLACEMENT - EVERGREEN SHRUBS ITEM 611.19060024 - POST-PLANTING CARE WITH REPLACEMENT– VINES, GROUNDCOVERS ITEM 611.19070024 - POST-PLANTING CARE WITH REPLACEMENT - HERBACEOUS PLANTS
METHOD OF MEASUREMENT.
The quantity to be measured for payment will be the number of plants of each type cared for and, if necessary, replaced in kind.
BASIS OF PAYMENT.
The unit price bid shall include the cost of all labor, materials, and equipment necessary to satisfactorily complete the work.
Payment will be made under: Item No. Item Pay Unit 611.19010024 Post Planting Care with Replacement - Major Deciduous Trees Each 611.19020024 Post Planting Care with Replacement - Minor Deciduous Trees Each 611.19030024 Post Planting Care with Replacement - Coniferous Trees Each 611.19040024 Post Planting Care with Replacement - Deciduous Shrubs Each 611.19050024 Post Planting Care with Replacement - Evergreen Shrubs Each 611.19060024 Post Planting Care with Replacement– Vines, Groundcovers Each 611.19070024 Post Planting Care with Replacement - Herbaceous Plants Each
EI 12-001 – Statewide Special Spec. Page 2 of 2 USC L 09/06/2012
178 ITEM 620.29010009 - NATIVE STREAM BED MATERIAL (A) ITEM 620.29110009 - NEW (IMPORTED) STREAM BED MATERIAL (B)
DESCRIPTION This work shall consist of removing, stock piling and replacing native stream bed material or furnishing and placing new stream bed material within freshly dug or established stream channels, in inverts of culvert at locations shown on the plans or as directed by the Engineer. The work shall be completed in conformity with the lines, grades, thicknesses and typical sections as shown on the plans or as established by the Engineer.
MATERIALS Native stream bed material shall be existing stream bed material, having a consistent character and shall be derived from designated locations as shown on the plans. All native stream bed material must be approved in writing by the Regional Fisheries Officer of the New York State Department of Environmental Conservation (DEC).
New stream bed material shall be furnished from an approved source and shall be composed of well graded naturally occurring round or sub-rounded stone and substantially free of excess dirt or silt. Crushed material is not acceptable. Gradation shall be:
Stone Size % by Total Weight Passing 12 inch screen 100% Passing 10 inch screen 70 to 75 % Passing 4 inch screen 30 to 40 % Passing ½ inch screen 0 to 5 %
Of the portion passing the 4 inch screen, there shall be an approximately equal blend of 1 inch, 2 inch and 3 inch material. Gradation approval or rejection will be based on a visual inspection of the material by the Engineer and/or the DEC.
CONSTRUCTION DETAILS Where specified, native stream bed material shall be removed from only designated areas shown on the plans and stockpiled (if necessary) at a location approved by the Engineer for reuse.
The Contractor shall place native or new stream bed material over existing stream beds, freshly dug or graded stream channels, or in the bottom inverts of specified culverts to the depth, lines and grades specified on the contract documents. The material shall be placed in a manner that will produce a non-uniform surface with larger stones protruding above the smaller ones.
METHOD OF MEASUREMENT The quantity of stream bed material items shall be measured as the number of cubic yards of material computed to the payment lines shown on the plans or as directed by the Engineer.
8/15/97 PAGE 1 of 2 M 3/13/98
179 ITEM 620.29010009 - NATIVE STREAM BED MATERIAL (A) ITEM 620.29110009 - NEW (IMPORTED) STREAM BED MATERIAL (B)
BASIS OF PAYMENT The unit price bid per cubic yard for native stream bed material shall include the cost of all labor, equipment and incidental materials required to excavate the material from it=s source, stockpile (if required) and reuse the material by placing it in specified locations in conformance with this specification, except for necessary stream bed preparation work prior to placement.
The unit price bid for new stream bed material shall include the cost of all labor, materials and equipment necessary to satisfactorily complete the work, except for necessary stream bed preparation work prior to placement.
Stream bed preparation work shall be paid for under separate pay items in the contract.
Payment shall be made under the following pay items:
ITEM 620.29010009 - NATIVE STREAM BED MATERIAL (A) C.Y. ITEM 620.29110009 - NEW (IMPORTED) STREAM BED MATERIAL (B) C.Y.
8/15/97 PAGE 2 of 2 M 3/13/98
180 ITEM 621.51000015 - GRADING CLEANING AND RESHAPING EXISTING DITCHES
Description: This work shall consist of grading, cleaning and reshaping existing ditches so that adequate, unobstructed free flowing drainage is restored.
The Contractor shall:
A. Grade, clean and reshape the existing ditches including removal of excess material as ordered by the Engineer to restore drainage.
B. Shape the backslope in cut sections up to the final elevation of the nearest edge of pavement.
Materials: (Not Specified)
Construction Details: The grading, cleaning and reshaping of existing ditches shall consist of rendering the ditches free of obstructions including the removal of earth, sod, brush and debris.
Material removed from existing ditches shall be disposed of in conformance with the provisions of subsection 203-3.02 B. Disposal of Surplus Excavated Materials.
The Contractor shall exercise due care to protect all trees, fences, markers, culverts, underground structures, utilities and installations within and adjacent to the work area. Facilities damaged by the Contractors operation shall be replaced in kind at no expense to the State.
Method of Measurement: This work shall be measured as the number of linear feet of ditch along which such above described work is performed.
Basis of Payment: The unit price bid per linear feet for this work shall include the cost of furnishing all labor, material and equipment necessary to satisfactorily complete the described work except that the following items of work will be paid for under their respective pay items:
A. Seeding and mulching of disturbed areas within the ROW.
B. Cleaning of culverts.
C. Required shoulder excavation as ordered by the Engineer.
D. Required shoulder trimming and reshaping as ordered by the Engineer.
E. Slope excavation and shaping in cut sections required above the final elevation of the nearest edge of pavement.
Page 1 of 1 Rev. Mar. 2010
181
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182 ITEM 623.12100001 – CRUSHED STONE (IN-PLACE MEASURE) SIZE 1A ITEM 623.12110001 – CRUSHED STONE (IN-PLACE MEASURE) SIZE 1 ITEM 623.12120001 – CRUSHED STONE (IN-PLACE MEASURE) SIZE 2 ITEM 623.12130001 – CRUSHED STONE (IN-PLACE MEASURE) SIZE 3
All the provisions for item 623.12 Crushed Stone (In-Place Measure) shall apply except that payment will be made under:
Payment will be made under: Item No. Item Pay Unit 623.12100001 Crushed Stone (In-Place Measure) Cubic Yard Size Designation 1A 623.12110001 Crushed Stone (In-Place Measure) Cubic Yard Size Designation 1 623.12120001 Crushed Stone (In-Place Measure) Cubic Yard Size Designation 2 623.12130001 Crushed Stone (In-Place Measure) Cubic Yard Size Designation 3
Page 1 of 1 06/15/18 183
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184 ITEM 627.50140008 - CUTTING PAVEMENT
DESCRIPTION:
The contractor shall cut existing asphalt pavement, concrete pavement, asphalt surface course, or asphalt concrete overlay on concrete pavement at the locations indicated and detailed on the plans and as directed by the Engineer.
MATERIALS:
None specified.
CONSTRUCTION DETAILS:
Existing pavement and overlay shall be cut perpendicular to the roadway surface along neat lines, and to the depth indicated on the plans and typical sections, using appropriate equipment. After the pavement has been cut through, the Contractor may use pry bars, pneumatic tools or other methods, to pry loose the pavement to be removed from the pavement that is to remain. A pavement breaker may be used to break up the pavement to be removed after the pavement has been completely cut through and completely free from the pavement to remain.
When pavement cutting is called for in the Contract documents, if a neat vertical face with minimal shatter is obtained by performing an adjacent operation (such as milling) which eliminates the need to perform a separate pavement cutting operation, payment will be made for both the pavement cutting item and the item for the adjacent operation.
Any existing pavements and curbs not indicated to be removed that are damaged by the contractor's operations, shall be repaired at no additional cost to the State. Pavement cutting that the contractor chooses to do for his/her own convenience shall not receive any additional payment from the State.
METHOD OF MEASUREMENT:
The quantity to be measured will be the number of feet of pavement cutting satisfactorily completed.
BASIS OF PAYMENT:
The unit price bid per foot of pavement cutting shall include the cost of all labor, materials, and equipment necessary to satisfactorily complete the work.
Payment for prying, breaking, removal and disposal of cut pavement shall be made through other appropriate items.
Page 1 Aug. 2013 185
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186
645.450XNN24 – RESTORING NEW YORK STATE TRADITIONAL HISTORIC MARKER
DESCRIPTION: This work shall consist of the removal, restoration and re-installation of historic marker signs as per the contract documents and as directed by the Engineer.
The historic marker sign shall consist of the following components: panel, post, attaching hardware, typically socket screws, for securing panel to the post, and footing, foundation, mounting and/or attachment.
Under this specification, the removal, restoration and re-installation of a historic marker sign shall consist of: documenting the location and orientation of the existing historic marker sign (unless sign is to be relocated as per the contract documents), removing the historic marker sign components indicated in the contract documents, cleaning the panel, conducting minor surface repair to the panel, preparing the panel surface for painting, painting the panel, and re-installing the historic marker sign components, as indicated in the contract document,
“Restoring New York State Traditional Historic Marker – As Specified” will be described in a note, titled “Restoring New York State Traditional Historic Marker – As Specified” found in the contract documents.
MATERIALS: The following sections of the standard specifications shall apply:
Portland Cement Concrete – General 501-2 Painting Galvanized and Aluminum Surfaces 657-2 Galvanized Coatings and Repair Methods 719-01
The following ASTM specifications shall apply:
Standard Specification for Pipe, Steel, Black and A53/A53M (current year) Hot-Dipped, Zinc Coated, Welded and Seamless The following ANSI specifications shall apply:
Socket Cap, Shoulder, Set Screw and Hex Keys ANSI B18.3 (inch series)
Footings, Foundation, Mounting and/or Attachment: For: “Restoring Historic Marker - Panel Only”, no post, footing, or foundation is required.
Page 1 of 5 Rev. October, 2016 187
645.450XNN24 – RESTORING NEW YORK STATE TRADITIONAL HISTORIC MARKER
“Restoring Historic Marker - Panel with Post and Concrete Footings”, use Class A (§501-2) concrete. “Restoring The Historic Marker - As Specified”, refer to the contract document for material information.
Posts: When posts are specified, they shall be: four feet (4’) longer than the embedment depth (embedment depth is variable – refer to the contract documents for additional information), 2 ½” NPS inside diameter (ID), schedule 40 galvanized steel pipe, as per ASTM A53, Grade B, type E (ASME SA-53-98), and galvanized according to §719-01 Galvanized Coatings and Repair Methods, Type 1.
Unless specified otherwise, the posts shall NOT be painted. If painting is specified, color-coated posts shall have a galvanized coating (per §719-01, Type I) followed by a zinc-phosphate pretreatment and a minimum 3 mil dry thickness color powder coating. No field application is allowed.
Paint: Unless otherwise specified, the paint for the historic marker sign panel shall have a gloss finish and be the following colors:
Panel Raised Letters, Standard Reference Color Panel Background Logos and Border *Munsell Book of Colors 10B 3/6 5Y 8/14 Federal Standard Colors (595B – 15065 13591 12/89) *Munsell reference colors are preferred.
Paint for cast iron surfaces: Paint shall be a two-coat system with an epoxy primer recommended by its manufacturer for use on cast iron surfaces and an aliphatic urethane, suitable for exterior use. The paints shall comply with current VOC regulations, shall be produced by the same manufacturer, and the prime and top coat shall be compatible.
Hardware: New hardware, if specified or required, shall be included in the unit price bid.
When the historic marker panel is secured to a post, socket screws are used. If new screws are specified or required, they shall conform to the following specification:
Type: Standard Socket Screw Class: Class 3A Rockwell Hardness: B85-B95 Meets: ANSI B18.3 Material: 18-8 stainless steel
Page 2 of 5 Rev. October, 2016 188
645.450XNN24 – RESTORING NEW YORK STATE TRADITIONAL HISTORIC MARKER
Finish: Plain Finish Thread Size: ½ - 13 Overall Length: 5/8” Point Type: Cup Point Material: stainless steel (18-8) Point Diameter: 0.207 to 0.291 inch Drive Type: Hex socket Drive Size: ¼”
When any other method of securing the historic marker sign panel is specified, refer to the contract documents.
Inspection and Certification - All materials used in the restoration of historic markers, including posts, supports and foundations, shall be subject to the above-referenced ASTM/ANSI material quality certifications. Presentation of material quality certification will be the basis for material acceptance at the job site.
CONSTRUCTION DETAILS: The following sections of the standard specifications shall apply for cast aluminum panels:
Painting Galvanized and Aluminum Surfaces 657-3
For cast iron panels, only §657-3.02 and §657-3.03 apply and as specified below
Prior to Removal: The Contractor shall document the location, assembly and orientation of the existing historic marker sign sufficiently to ensure that the re-installation meets the location, assembly and orientation requirements indicated in the contract documents (note that some signs may be relocated or reoriented).
Removal: The historic marker sign components shall be removed (as appropriate) from their existing location and transported to the restoration facility.
When the removal and replacement of the existing post and structural concrete is indicated, the concrete shall be broken-up and the post and concrete rubble shall be removed.
When the removal and replacement of the existing historic marker sign POST is NOT indicated: If the post (and other associated sign components) can be temporarily removed it shall be removed and stored per §106-06 Storage and Handling of Materials.
If the post cannot be temporarily removed (e.g. the post is frozen in concrete), the Contractor shall ensure the safety and health of employees and the public. Refer to §107- 05 Safety and Health Requirements of the standard specifications for additional information and guidance.
Page 3 of 5 Rev. October, 2016 189
645.450XNN24 – RESTORING NEW YORK STATE TRADITIONAL HISTORIC MARKER
Any damage to the historic marker sign components (panel, hardware, post and/or concrete footing) that may result from the Contractor’s operations shall be repaired at no additional cost to the State. If the damage is deemed irreparable, the Contractor shall replace the historic marker sign with one comparable to the existing historic marker sign at no additional cost to the State.
Restoration: The restoration of the historic marker sign panel shall include:
1. Preparation: For cast aluminum panels, refer to §657-3 Painting Galvanized and Aluminum Surfaces for the preparation (including cleaning). For cast iron panels, remove all traces of existing paint, corrosion and other debris by hand-tooling, power-tooling or abrasive blasting without damaging the cast iron. Conduct any minor surface repair to the panel as identified in the contract documents, 2. Painting For cast aluminum panels, refer to §657-3 Painting Galvanized and Aluminum Surfaces for methods to be used. For cast iron panels, the resulting surface shall be painted per §657-3.02 as soon as possible, before the reappearance of flash rust. Paint shall be applied strictly per the manufacturer’s instructions, typically found on the Product Data Sheet (PDS) or Technical Data Sheet (TDS). o The entire panel shall receive an epoxy primer coat followed by a urethane topcoat that provides the panel background color. o A second urethane topcoat shall be applied only to the surfaces of the panel raised letters, logos and border to provide the appropriate color for these elements. This second topcoat shall be of sufficient thickness to completely cover the background color and shall be applied in strict accordance within the manufacturer’s recommended “recoat window”. Recoat window is defined as the allowable time frame in which a successive coat must be applied to ensure a strong chemical bond of the two coats. At no time shall the second coat be applied after the recoat window has been exceeded, as adhesion failure of the lettering paint will occur, o If the recoat window is exceeded, the panel will be rejected. The Contractor shall then prepare and completely repaint the panel (all per instructions above) at no additional cost to the State. 3. Any additional instructions indicated in the contract documents.
No field painting is allowed, unless otherwise specified.
Re-Installation: Refer to the contract documents to determine if the historic marker sign can be installed immediately after restoration or if it will require storing. If storage of any historic marker sign component is required, refer to §106-06 Storage and Handling of Materials. Damage to any component of the historic marker sign, during transport or storage, shall be repaired or replaced, at no additional cost to the State.
Page 4 of 5 Rev. October, 2016 190
645.450XNN24 – RESTORING NEW YORK STATE TRADITIONAL HISTORIC MARKER
The Contractor shall erect the restored and new (as applicable) sign components in a manner that is consistent with the sign’s location, assembly and orientation as documented prior to removal or as indicated in the contract documents.
When concrete footings are replaced, the footing shall be a minimum of four feet (4’) deep and eighteen inches (18”) in diameter. The new post shall be direct buried in the concrete footing to the entire depth of the footing.
When other methods of securing the historic marker sign are indicated, refer to the contract documents for details. The construction of these elements are only included in the cost of these pay items when they are incidental to the construction of the historic marker sign.
METHOD OF MEASUREMENT: The work will be measured as each New York State traditional historic marker satisfactorily removed, restored and re-installed.
BASIS OF PAYMENT: The unit price bid for each New York State traditional historic marker removed, restored and re- installed shall include the cost of furnishing all labor, materials, and equipment (including fasteners and miscellaneous hardware) necessary to complete the work.
Alternative footings, foundation, mounting and/or attachment are included in the cost only if they are incidental to the cost of the New York State traditional historic marker sign.
Payment will be made under the following pay items:
Pay Item Description Unit 645.4503NN24 Restoring New York State Historic Marker – Panel Only EA 645.4504NN24 Restoring New York State Historic Marker - Panel Including Post EA and Concrete Footing 645.4505NN24 Restoring New York State Historic Marker – As Specified EA
NN denotes a serialized pay item for each New York State traditional historic marker (with or without post and concrete foundation) restored.
Page 5 of 5 Rev. October, 2016 191
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192 ITEM 645.81020003 – RETROREFLECTIVE SIGN POST STRIP
DESCRIPTION This work shall consist of furnishing and installing Retroreflective Sign Post Strips in accordance with the contract documents.
MATERIALS The retroreflective surface of Retroreflective Sign Post Strip shall conform to §730-05 and appear on the Department’s Approved List of Materials and Equipment for Reflective Sign Sheeting. The grade of sheeting shall match the grade of sheeting on the sign panel that the strip supplements.
Where 730-05.02 Reflective Sheeting (Class B) or Type IX is required, nylon or plastic washers shall be installed between fastener bolt heads (or nuts) and the reflective sheeting on the face of the strip.
The color of the retroreflective sheeting on the Retroreflective Sign Post Strip shall match the background color of the sign, except that the color of the strip for the YIELD and DO NOT ENTER signs shall be red.
Retroreflective Sign Post Strips shall be made of durable, UV-stabilized plastics or aluminum panels in accordance with §730-01.
Hardware to mount Retroreflective Sign Post Strips to sign posts shall conform to §715-16 Stainless Steel Connecting Products, or §730-22 Stiffeners, Overhead Brackets, and Miscellaneous Hardware. Hardware to connect Retroreflective Sign Post Strips to sign posts shall be tamper resistant.
CONSTRUCTION DETAILS
Retroreflective Sign Post Strips shall be at least 2 inches in width and shall be in accordance with the contract documents. Retroreflective Sign Post Strips shall be placed for the full length of the support from the sign to 2 feet above the edge of the roadway.
Retroreflective Sign Post Strips shall be attached to the sign posts by mechanical means with standard nuts and bolts, clamps, brackets, or strapping according to the manufacturer’s instructions. Retroreflective Sign Post Strips shall not be attached to sign posts with adhesives.
METHOD OF MEASUREMENT This work will be measured as the number of Retroreflective Sign Post Strips satisfactorily furnished and installed.
BASIS OF PAYMENT The unit price bid shall include the cost of furnishing all labor, materials, and equipment necessary to satisfactorily complete the work.
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194 ITEM 655.13000015 – ASPHALT PAVEMENT SUPPORTED MANHOLE FRAME AND APPROVED COVER
DESCRIPTION This work shall consist of furnishing and installing Asphalt Pavement Supported Manhole Frame and an Approved Cover, in accordance with the contract documents and as directed by the Engineer. Frame and cover shall be manufactured by the same company.
MATERIALS All the provisions of §715-07 Proof-Loaded Iron Castings or §715-09 Malleable Iron Castings shall apply. The clear inside diameter of the upper frame shall be 30” and the seat shall be designed to receive an approved 32” diameter manhole cover. At the top of the upper frame, a lip shall project so that the frame may rest on the pavement surface. The lip shall be clearly marked with the words “pavement supported” or something similar on the top. The edge of the lip shall project a minimum of 3¾” radially beyond the outside face of the barrel of the upper frame. The lip also shall curve down so that its edge is min. ¼” below the top surface of the lip. Manufacturer shall cast a slightly raised triangle into the inner surface of the lower frame. This triangle shall project 1/16” from the inside face of the frame. In addition, the triangle shall have a base width of 1” - 1 ¼” and an apex width of ¼”. The apex shall be 2” below the top edge of the lower frame, i.e. its height shall be 2” smaller than the frame height. The interface of the lower and upper frame shall have a gasket to prevent ingress of material through the interface.
Asphalt Pavement Supported frame and an approved cover shall be manufactured by:
Manufacturer Name Product
EJ USA, Inc. 30” Self Level ® 301 Spring Street Frame and their cover from East Jordan, MI 49727 the approved list Tel: (800) 874-4100 http://ejco.com
CONSTRUCTION DETAILS All the provisions of §655-3 CONSTRUCTION DETAILS shall apply. Asphalt Pavement Supported frame shall not be installed at crown of the road nor on pavement grades greater than 5 percent. The lower frame shall be oriented so that the triangular gauging mark is on the downslope of the road when the lower frame is set. The initial set of upper frame shall be ½ inch above lower frame to allow for settlement of compacted pavement. Manufacturer’s installation instructions shall be followed.
METHOD OF MEASUREMENT This work will be measured as the number of Asphalt Pavement Supported Frame/Cover systems satisfactorily furnished and installed. A complete “unit” shall consist of an upper and lower frame, gasket and cover.
Page 1 of 5 USC L01/01/18 195
ITEM 655.13000015 – ASPHALT PAVEMENT SUPPORTED MANHOLE FRAME AND APPROVED COVER
BASIS OF PAYMENT The unit price bid shall include the cost of furnishing all labor, materials, and equipment necessary to satisfactorily complete the work, including the cost of any field repair work for improperly fitting castings, or to render the frame and cover non-rocking.
Payment will be made under: Item No. Description Pay Unit 655.13000015 Pavement Supported Manhole Frame and Approved Cover Each
Page 2 of 5 USC L01/01/18 196
ITEM 655.13000015 – ASPHALT PAVEMENT SUPPORTED MANHOLE FRAME AND APPROVED COVER
Page 3 of 5 USC L01/01/18 197
ITEM 655.13000015 – ASPHALT PAVEMENT SUPPORTED MANHOLE FRAME AND APPROVED COVER
Page 4 of 5 USC L01/01/18 198
ITEM 655.13000015 – ASPHALT PAVEMENT SUPPORTED MANHOLE FRAME AND APPROVED COVER
Maximum acceptable tilt of inner frame
Page 5 of 5 USC L01/01/18 199
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200 ITEM 660.21XX0008 - FURNISH & INSTALL STEEL CASING
DESCRIPTION Under this item the contractor shall furnish and install steel casing of the sizes indicated and at the locations shown on the plan or as ordered by the Engineer.
The work shall include the installation of the casing pipe, and all extra work involved in the placement of the carrier pipe in the casing including the furnishing and installing of the insulated casing spacers and end seals.
MATERIALS The casing pipe shall be bar steel casing pipe American Petroleum Institute (API) 5L Grade B seamless, electric welded pipe or approved equal. The pipe wall thickness shall be schedule 40 or as directed by the Engineer. The pipe ends shall be prepared for butt welding and beveled at 37 2 degrees. Casing spacers shall be as indicated on the plans.
CONSTRUCTION DETAILS All casing pipe shall be laid true to line and grade and shall have a full, firm and even bearing.
Bedding, filling and backfilling shall be in accordance with the NYS Department of Transportation Specifications - Section 203-3.15, Fill and Backfill at Structures, Culverts, Pipes, Conduits and Direct Burial Cables.
Movement of construction equipment and all other vehicles and loads over and adjacent to any pipe shall be done at the contractor's risk. When determined by the Engineer, any pipe that is damaged or disturbed through any cause, shall be replaced as directed by the Engineer, at the expense of the contractor and at no cost to the State. Welding shall be done by a certified welder. The ends of the casing shall be sealed and made waterproof in a workmanlike manner.
METHOD OF MEASUREMENT This work will be measured as the number of linear feet of casing measured along its axis in its final position.
BASIS OF PAYMENT The unit price bid shall include the cost of furnishing all labor, equipment and materials necessary to complete the work to the satisfaction of the Engineer, including welding, installation of casing, installation of casing spacers and any extra work involved in the placement of the carrier pipe in the casing.
Excavation will be paid for under the appropriate Trench and Culvert Excavation Item in Section 206 of the Standard Specifications.
Any special backfill will be paid for under Item 203.07, Selected Granular Fill.
1 of 2 Rev. 9/06/01
201 ITEM 660.21XX0008 - FURNISH & INSTALL STEEL CASING
BASIS OF PAYMENT - cont=d
Carrier pipe installed within the casing will be paid for under its respective item.
Payment will be made under:
ITEM NO. ITEM PAY UNIT
660.21080008 Furnish & Install Steel Casing 8 NPS (O.D.) Linear Feet 660.21100008 Furnish & Install Steel Casing 10 NPS (O.D.) Linear Feet 660.21120008 Furnish & Install Steel Casing 12 NPS (O.D.) Linear Feet 660.21140008 Furnish & Install Steel Casing 14 NPS (O.D.) Linear Feet 660.21160008 Furnish & Install Steel Casing 16 NPS (O.D.) Linear Feet 660.21180008 Furnish & Install Steel Casing 18 NPS (O.D.) Linear Feet 660.21200008 Furnish & Install Steel Casing 20 NPS (O.D.) Linear Feet 660.21240008 Furnish & Install Steel Casing 24 NPS (O.D.) Linear Feet 660.21260008 Furnish & Install Steel Casing 26 NPS (O.D.) Linear Feet 660.21280008 Furnish & Install Steel Casing 28 NPS (O.D.) Linear Feet 660.21300008 Furnish & Install Steel Casing 30 NPS (O.D.) Linear Feet 660.21320008 Furnish & Install Steel Casing 32 NPS (O.D.) Linear Feet 660.21360008 Furnish & Install Steel Casing 36 NPS (O.D.) Linear Feet 660.21380008 Furnish & Install Steel Casing 38 NPS (O.D.) Linear Feet 660.21420008 Furnish & Install Steel Casing 42 NPS (O.D.) Linear Feet 660.21440008 Furnish & Install Steel Casing 44 NPS (O.D.) Linear Feet
XX = Outer diameter pipe size in NPS.
2 of 2 Rev. 9/06/01
202 ITEM 663.50000017 - INSTALLING WATER SUPPLY UTILITIES BY DIRECTIONAL DRILLING
DESCRIPTION This work shall consist of furnishing and installing water supply utilities by directional drilling methods in accordance with these specifications and the contract plans.
MATERIALS All of the requirements of §663 - Water Supply Utilities apply, except as modified herein. Provide to the Engineer the appropriate materials certification as part of the evidence of acceptability for the supplied materials at least 10 days prior to the shipment of the product to the job site.
CONSTRUCTION DETAILS
A. General
1. Clear Holes. Clear all directional drill hole locations in accordance with New York State Department of Public Service Rule 753.
2. Equipment. Furnish equipment of adequate capacity and power to install water supply utilities by directional drilling methods. Supplement each rig with the necessary auxiliaries, appurtenances, tools and other equipment required for proper operation. The alignment(s), profile(s), size(s), and length(s) of the water supply utilities are specified in the contract documents.
3. Submittal. Submit for review and approval a detailed work plan and schedule of activities required to perform all directional drilling, including any proposed variation from the methods and techniques stipulated in this Specification. Information in this work plan should include, but not be limited to, the following:
a. Qualifications of the Contractor showing that all directional drilling operations will be performed by a competent driller with a minimum of 5 years of relevant experience. Completed projects with details of the types of pipe installations, owner contact names, and telephone numbers must be included.
b. Designed direction drill path indicating compliance with the project design criteria.
c. Method for directional drilling indicating the following:
i. Plan showing the work zone equipment configuration at the end of the bore(s), staging areas, storage areas and the location of slurry, cuttings and pit spoil handling areas.
ii. Equipment list including make and model number and specifications (catalog cuts) of all major equipment proposed for use on the project. The Contractor is responsible for the final determination of the drill rig size based on the length and depth of the actual runs, the subsurface conditions expected, etc.
iii. Boring procedure, tooling for drilling, method to control slurry, design of entrance
Page 1 of 4 08/30/01 203 ITEM 663.50000017 - INSTALLING WATER SUPPLY UTILITIES BY DIRECTIONAL DRILLING
and exit pits and method to verify that installed water supply utilities is acceptable.
iv. Materials list including bentonite and bentonite additives proposed for use on the project along with material detail sheets for all other materials used on the site, water supply utility product data sheets showing steel type and all dimensions and tolerances and water source for drilling operations.
v. Steering and tracking equipment, procedures and proposed locations of ground based tracking coils or other equipment requiring surface or subsurface access.
d. Method(s) for erosion and sediment control.
4. Approval of Submittal. Do not start work prior to receiving the Engineer=s written approval. Approval, if granted, will be based on the decision of the Director, Geotechnical Engineering Bureau (DGEB) as to the acceptability of the proposed work plan and any variations to provide satisfactory installation of the water supply utilities and avoid damage. The Engineer will forward the proposed work plan to the DGEB for review. The DGEB requires 20 working days from the date of receipt of the proposed work plan in the Bureau to perform his review. Approval will remain in force only as long as all conditions set forth in the approval are met and satisfactory results are obtained. In the event that unsatisfactory results and/or damage occur, the Contractor will stop work and modify his methods and submit them for review and approval.
5. Shoring. Shore entrance and exit pits as necessary to meet OSHA requirements.
6. ROW. Perform all work within the designated right-of-way limits shown on the contract plans.
7. Utilities. Protect any existing underground utilities during this work.
B. Installation
1. General. Exercise special care and handling during delivery and distribution of water supply utilities to avoid damage. Damaged water supply utilities will be rejected and replaced at the Contractor=s expense. Store water supply utilities prior to use in such a manner as to keep the interior free from dirt and foreign material. Thoroughly clean any water supply utility that becomes contaminated before it is incorporated into the work.
2. Alignment. The alignment of the water supply utility must conform to the following requirements:
a. Choose the ground entry and exit angles such that water supply utilities can be installed along the alignment and profile indicated on the contract plans and to the depths indicated in the New York State Standard Sheets.
b. The entrance point(s) and exit point(s) shall be approved by the Engineer and physically
Page 2 of 4 08/30/01 204 ITEM 663.50000017 - INSTALLING WATER SUPPLY UTILITIES BY DIRECTIONAL DRILLING
located in the field.
c. The exit point(s) shall be no more than 1 foot left or right of the location in the field.
d. The vertical depth, as specified in the New York State Standard Sheets, is the depth to which the water supply utilities shall be installed.
e. The Contractor may, with written permission from the Local Water District and the Engineer, elect to install the water supply utilities at a greater depth than shown in the New York State Standard Sheets.
f. Limit the longitudinal pull so as to prevent any damage of the water supply utilities. Continuously monitor the longitudinal pulling forces during pullback of water supply utilities.
3. Installation Procedure
a. Direct all drilling operations using steering and tracking systems capable of producing the required alignment. The control system shall provide an angle of inclination reading and the direction in which the cutting tool is pointing. Provide access to the Engineer at all times to all measuring or gauging devices used for the drilling operations including drilling logs maintained by the Contractor.
b. Adequately support the water supply utilities on rollers during the pullback into the pre- drilled hole. Rollers and cradles shall be of the type that will prevent damage to the water supply utility and in sufficient number to prevent overstressing during the pullback procedure. Pullback equipment shall be adequate for the length(s) and depth(s) of the runs and for the soil types encountered.
c. Pull an additional length of pipe through the entrance pit upon pull back and expose it. The Engineer will examine the pipe for scratches, scores, gouges, cuts and other forms of damage. The permissible depths of gouges and scratches do not exceed 10 percent of the wall thickness of the pipe.
d. Pull an adequate sized tracer wire with the water supply utilities.
e. Take necessary procedures to prevent bentonite leakage.
f. Supply water for mixing drilling fluid.
g. Supply portable mud tanks or construct temporary mud pits to contain excess drilling fluids during construction. Upon completion of the water supply utility installation, dispose of any cuttings and excess drilling fluids in a manner consistent with local and State regulations.
4. Abandoned Holes. In the event that the drill hole must be abandoned before completion of
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the installation, fill abandoned drill holes with grout to prevent subsidence. Progress new drill holes at the Contractor=s expense.
5. Service Shutdown. Shutdown of any portion of any water service to make connections with existing mains will be made only with the written approval of the Engineer and the Local Water District. When any service is shut down for such purposes, the work on the connection shall be carried on continuously by the Contractor until the water is again turned into the existing main. Maintain adequate water service and fire protection whenever service is interrupted.
6. Construction Site. During construction, maintain the site in a neat and orderly condition. At the completion of work, remove all temporary structures erected and materials required for temporary access, drill and pipe staging areas, platforms, and drilling fluids. Restore the area to the approximate original conditions.
C. Flushing, Testing and Disinfection
1. After water supply utility installations, demonstrate to the Engineer that the installations are continuous and without obstructions. In addition, test all water supply utilities and their appurtenances in accordance to the requirements of the Local Water District or §663 - Water Supply Utilities.
2. Disinfect all water supply utilities and their appurtenances in accordance with the requirements of the Local Water District or §663 - Water Supply Utilities. Do not discharge any chlorinated water into any waterway. Remove chlorinated water by tank to an acceptable disposal facility.
METHOD OF MEASUREMENT This work will be measured as the number of linear feet of each size water supply utility furnished, measured in the field and installed to the satisfaction of the Engineer and the Local Water District.
BASIS OF PAYMENT The unit price bid shall include the cost of furnishing all labor, materials and equipment (including dewatering if required) necessary to install water supply utilities and their appurtenances by directional drilling, furnishing and removing all equipment, pipe testing, grouting of abandoned bores, performing and supporting temporary excavations, and site restoration.
Progress payments will be made at the unit price bid for 80% of the quantity of water supply utility satisfactorily installed and accepted. The remaining 20% will be paid when the system has been successfully flushed, disinfected and tested to the satisfaction of the Engineer and the Local Water District.
Page 4 of 4 08/30/01 206 ITEM 670.1510NN08 - DECORATIVE STREET LIGHT POLE AND LUMINAIRE ASSEMBLIES
DESCRIPTION This work shall consist of furnishing and installing a decorative street light pole and luminaire assembly at the locations identified in, and according to, the contract documents and as directed by the Engineer.
MATERIALS The following sections of the standard specifications shall apply:
Highway Lighting System 670-2 with the following exceptions:
The decorative street light pole, luminaire and pullbox shall be as specified in the contract documents.
The pole options and finish shall be as specified in the contract documents.
CONSTRUCTION DETAILS The following sections of the standard specifications shall apply:
Highway Lighting System 670-3 The pole shall be installed as recommended by the manufacturer.
Submittals Prior to ordering the materials, the Contractor shall submit, catalog cut sheets and any other information requested, and verification of the type, quantity, location and installation method for each decorative street light pole and luminaire assembly.
METHOD OF MEASUREMENT This work will be measured as the number of each decorative street light pole and luminaire assembly furnished and installed.
BASIS OF PAYMENT The unit price bid per each decorative street light pole and luminaire assembly shall include the cost of furnishing all labor, materials, and equipment necessary to satisfactorily complete the work.
The foundation, conduit and wire shall be paid under their respective items.
Note: nn denotes serialized pay item.
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208 ITEM 670.5307NN04 - POWER POINT DISCONNECT ASSEMBLY
DESCRIPTION: This work shall consist of the Contractor furnishing and installing new power point disconnect equipment in accordance with contract documents, specifications or at the direction of the Engineer.
MATERIALS: The specific components used in the construction of new power point disconnect equipment shall be as shown on the contract documents and meet the requirements of Section 670-2.
If a meter is required, it shall be furnished by the utility company and installed by the Contractor.
The Contractor shall submit shop drawings or catalog cuts of all proposed equipment to the Engineer for approval in accordance with Section 670-3.02.
CONSTRUCTION DETAILS: The requirements of Section 670-3 shall apply.
METHOD OF MEASUREMENT: The work will be measured as the number of complete units installed and operational.
BASIS OF PAYMENT: The unit price bid for each unit shall include the cost of labor, materials and equipment necessary to satisfactorily complete the work, including conduit elbows, anchor bolts, grounding system, all appurtenances, excavation, special fill, and any protective system(s) required to ensure the safety of the workers and the public.
NN = Serialized Location
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210
ITEM 680.01970110 - PAINT GALVANIZED EXISTING PEDESTRIAN POLE (SIZE UNDER 6 FEET ) ITEM 680.01970210 - PAINT GALVANIZED EXISTING TRAFFIC SIGNAL POLE (ALL SIZES )
DESCRIPTION
This work consists of cleaning and painting existing pedestrian poles or traffic signal poles and miscellaneous hardware at the location shown on the plans.
MATERIALS
Painting shall consist of a series of three (3) coats: prime coat, intermediate coat, and finish coat. All materials relating to the surface preparation shall be as per section 657 of the Standard Specifications. The finish coat color shall be specified in the contract documents.
CONSTRUCTION DETAILS
The painting procedures the contractor employs to complete this work shall comply with the requirements of section 708-06 (Paint for Galvanized Surfaces) and section 657 of the Standard Specifications, except for the number of coats of paint as specified in the Materials section of this specification. Other exceptions and additions to these specifications are as follows:
All paint shall be applied in the field. No lead-based paint shall be used.
The color of the finish coat shall be such that a properly prepared color chip shall be a reasonable visual match to the color specified in the contract documents when viewed under sunlight.
METHOD OF MEASUREMENT
This work will be measured as the number of pedestrian poles or traffic signal poles painted in accordance with the specification.
BASIS OF PAYMENT
The unit price bid for each of these items shall include the cost of furnishing all labor, equipment and material necessary to complete the work including painting all miscellaneous hardware.
Page 1 of 1 12/14/09
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212 ITEM 680.67XX0309 - PEDESTRIAN POLE TOP MOUNT - PAINTED ITEM 680.68XX0309 - PEDESTRIAN POLE BRACKET MOUNT - PAINTED
DESCRIPTION The contractor shall furnish and install galvanized, powder coated steel anchor base pole as indicated in the contract documents.
Top mount and bracket mount poles are as defined on the “Standard Traffic Signal Poles” standard sheets and in the Standard Specifications Section 724-03 - Traffic Signal Poles.
MATERIALS The poles shall meet all the requirements of Standard Specifications for Section 680 - Traffic Signals and Section 724-03 - Traffic Signal Poles, with the following exceptions and/or modifications:
1. Each pole shall be designed to have four (4) anchor bolts.
2. A hand hole cover plate, fastened by two screws, shall be provided with each pole.
3. Pole shall be galvanized, primed and finish painted before delivery to the project site (No field painting). Painting of the steel galvanized surfaces shall be in accordance with the manufactures recommendations.
4. Pole color and finish shall be as indicated in the contract documents.
5. Break-away bases shall be provided when specified in the contract documents. When break-away bases are specified, the height of the pole shall include the height of the break-away base. Painting of aluminum break-away base shall be in accordance with 708-07- Paint For Aluminum Surfaces, or in accordance with the manufactures recommendations for Powder Coat. Painting of galvanized break- away base shall be in accordance with 708-06-Paint For Galvanized Surfaces, or in accordance with the manufactures recommendations for Powder Coat.
CONSTRUCTION DETAILS The poles shall be installed in accordance with Standard Specifications Section 680 - Traffic Signals.
METHOD OF MEASUREMENT The poles shall be measured as the number of poles of the specified loads and lengths satisfactorily furnished and installed.
BASIS OF PAYMENT The unit price bid for each pole shall include the cost of all labor, materials (including, but not limited to, necessary grounding system, four anchor bolts, anchor bolt covers, pole cap, pole assembly), and equipment necessary to satisfactorily complete the work. The pole foundation shall be paid separately under other appropriate contract items.
Note: In the item description, XX= Height of pole in whole feet.
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214 ITEM 680.77XXXX05 - MODIFY TRAFFIC SIGNAL INSTALLATION ITEM 680.79XXXX05 - REMOVE TRAFFIC SIGNAL INSTALLATION ITEM 680.50XXXX05 - ALTER ELEVATION OF POLE FOUNDATION ITEM 680.50500005 - REMOVE POLE FOUNDATION ITEM 680.51XXXX05 - ALTER ELEVATION OF PULL BOXES ITEM 680.90000005 - RESET POLE
DESCRIPTION:
This work shall consist of modifying, removing, storing and/or disposing, reinstalling, refurbishing or replacing of elements of a traffic signal system in accordance with the contract documents and/or directions of the Engineer.
Where not specifically covered in the contract documents the work shall be in accordance with the latest national, local and industrial standards or codes which are usually applied to such work and the requirements of the maintaining agency.
MATERIALS:
When an existing system is to be altered, modified or relocated, the existing material shall be reused in the revised system, removed, salvaged or disposed of as shown in the contract documents, as specified in the special provisions or as directed by the Engineer. When new materials must be provided under the modification work they shall conform to the requirements of Standard Specifications Section 680-2, Materials whenever applicable. Materials not specified in Section 680-2 shall match the existing system as nearly as possible and meet the requirements of the owning agency.
CONSTRUCTION DETAILS:
The applicable provisions of Standard Specifications Section 680-3, Construction Details shall be complied with, in addition to the following:
Removing and Salvaging Care shall be exercised in removing signal and electrical equipment and any appurtenances attached to them so that elements to remain or be salvaged will not be damaged.
The Contractor will be required to replace or repair, to the satisfaction of the Engineer, any equipment damaged, destroyed or lost by the Contractor's operations or negligence as determined by the Engineer.
Existing equipment or material intended to be reused and found to be missing or unsatisfactory, through no fault of the Contractor, shall be properly replaced by the Contractor, using equipment or material supplied by the owning agency or under other items.
All equipment or materials specified for removal but not intended to be incorporated in the work shall be removed and disposed of as specified in the contract documents.
The owners of appurtenances attached to signal equipment (e.g. street lighting) must be given adequate notification to allow sufficient time for them to remove or maintain their work
Alter Elevation of Pole Foundation or Pull Boxes When adjustments to existing pole foundations and pull boxes are specified, the poles or frames and covers shall be removed and the foundation (anchor bolts, conduits, ground wires, conductor cables, etc.) or walls reconstructed as required in the contract documents.
7/96
215 ITEM 680.77XXXX05 - MODIFY TRAFFIC SIGNAL INSTALLATION ITEM 680.79XXXX05 - REMOVE TRAFFIC SIGNAL INSTALLATION ITEM 680.50XXXX05 - ALTER ELEVATION OF POLE FOUNDATION ITEM 680.50500005 - REMOVE POLE FOUNDATION ITEM 680.51XXXX05 - ALTER ELEVATION OF PULL BOXES ITEM 680.90000005 - RESET POLE
Remove Pole Foundations Support poles are to be removed in their entirety to permit reuse by the owner. Anchor base poles shall be removed from the foundation and the foundation shall be cut one foot below final grade surface or subgrade, whichever is lower, unless the foundation interferes with the construction and will have to be removed in order to complete the work. Embedded poles shall be removed in their entirety (including all foundation materials from around the pole) unless it is determined by the Engineer that such removal will cause damage to existing underground facilities. If the Engineer orders the Contractor in writing to leave an embedded pole foundation in place, the pole and foundation shall be cut one foot below finished grade or subgrade, whichever is lower.
Holes All holes resulting from this work shall be backfilled with suitable material and if so specified the disturbed areas restored to match the adjacent surface as approved by the Engineer.
METHOD OF MEASUREMENT:
Each The following items will be measured for payment as the number of each operation completed in accordance with the contract documents to the satisfaction of the Engineer.
680.50XXXX05 - Alter Elevation of Pole Foundation 680.51XXXX05 - Alter Elevation of Pull Boxes 680.90000005 – Reset Pole
Foot The following item will be measured for payment as the number of feet of pole foundation removed measured (to the nearest one half foot) from the top of anchor bolts, for anchor base poles, and the top of concrete, for embedded poles, to the depth of removal.
680.50500005 - Remove Pole Foundation.
Each Location The quantity for each location includes all the work described in the contract documents for each serialized pay item. The following items will be measured for payment as the number of locations completed in accordance with the contract documents to the satisfaction of the Engineer.
680.77XXXX05 - Modify Traffic Signal Installation 680.79XXXX05 - Remove Traffic Signal Installation
BASIS OF PAYMENT:
The requirements of Standard Specifications Section 680-5.01, General shall apply with the following additional provisions:
7/96
216 ITEM 680.77XXXX05 - MODIFY TRAFFIC SIGNAL INSTALLATION ITEM 680.79XXXX05 - REMOVE TRAFFIC SIGNAL INSTALLATION ITEM 680.50XXXX05 - ALTER ELEVATION OF POLE FOUNDATION ITEM 680.50500005 - REMOVE POLE FOUNDATION ITEM 680.51XXXX05 - ALTER ELEVATION OF PULL BOXES ITEM 680.90000005 - RESET POLE
Modify Traffic Signal Installation The unit bid per location shall include all costs for grounding and the repairing or replacing of equipment damaged, destroyed or lost by the Contractor's operations or negligence. Installation of replacement equipment and materials supplied by the owning agency is also included unless provided for under other items.
Progress payments for each location will be made in the following manner:
Sixty-five percent of the bid price of each location modified will be paid after it is completed and ready for testing.
Twenty-five percent of the bid price will be paid after satisfactory completion of all tests required by these specifications, including the function test for ten days of continuous satisfactory operation of the traffic signal system at each location.
The remaining ten percent will be paid when all the traffic signals in the contract are functioning to the satisfaction of the Engineer.
Remove Traffic Signal Installation The unit price bid for each location removed shall include the cost for removing, storing and/or disposing as indicated in the contract documents.
Progress payments for each location removed will be made in the following manner:
Sixty-five percent will be paid when the elements to be removed are taken down.
Twenty percent will be paid when the elements are disposed of off the job site or salvaged by the owning agency.
The remaining fifteen percent will be paid when the location is restored to the satisfaction of the Engineer.
Alter Elevation of Pull Boxes and Pole Foundations The unit price bid for each alteration operation as specified in the contract documents shall include all costs for excavation, backfill, removing and/or cutting off concrete, reinforcing or anchor bolts, furnishing and installing concrete, bonding compounds, reinforcing bars, anchor bolt extensions and necessary drilling and grouting, removing, storing or resetting frames and grates and restoration of the site as specified. Removing and resetting poles made necessary by this work shall be paid for under their respective items.
Remove Pole Foundations The unit price bid per foot of pole foundation removed shall include all costs for excavation and disposal, backfill, removing and/or cutting off reinforcing or anchor bolts and restoring the site if specified in the contract documents.
7/96
217 ITEM 680.77XXXX05 - MODIFY TRAFFIC SIGNAL INSTALLATION ITEM 680.79XXXX05 - REMOVE TRAFFIC SIGNAL INSTALLATION ITEM 680.50XXXX05 - ALTER ELEVATION OF POLE FOUNDATION ITEM 680.50500005 - REMOVE POLE FOUNDATION ITEM 680.51XXXX05 - ALTER ELEVATION OF PULL BOXES ITEM 680.90000005 - RESET POLE
Reset Pole The unit price bid for each pole reset shall include the cost for refurbishing, handling, erecting (including signs, push buttons, street lighting and other appurtenances if attached), furnishing anchor bolts (installed under another item) if required, field galvanizing, drag wires, conductor cable connection, grounding and incidental connecting hardware as specified. Removing the pole will be paid for under the item for Remove Traffic Signal Installation.
Payment will be made under:
ITEM NO. ITEM DESCRIPTION PAY UNIT 680.77XXXX05 Modify Traffic Signal Installation Each Location ______Location 680.79XXXX05 Remove Traffic Signal Installation Each Location ______Location 680.50000105 Alter Elevation of Pole Foundations Type 1 Each 680.50000205 Alter Elevation of Pole Foundations Type 2 Each 680.50000305 Alter Elevation of Pole Foundations Type 3 Each 680.50500005 Remove Pole Foundations Foot 680.51000105 Alter Elevation of Pull Boxes Type 1 Each 680.51000205 Alter Elevation of Pull Boxes Type 2 Each 680.51000305 Alter Elevation of Pull Boxes Type 3 Each 680.90000005 Reset Pole Each
7/96
218 ITEM 680.8225XY10 - RECTANGULAR RAPID FLASHING BEACON (RRFB) ASSEMBLY
1.0 DESCRIPTION
This work shall consist of furnishing and installing a Rectangular Rapid Flashing Beacon (RRFB) assembly in accordance with the contract documents or as directed by the Engineer. All materials and labor required to provide a complete functioning system are to be included.
1.1 General Requirements
1.1.1 RRFB unit shall consist of two rapidly flashed, rectangular-shaped yellow indications with an LED-array-based light source. It shall be designed, located, and operated in accordance with the detailed requirements of the contract and as specified below.
1.1.2 Each RRFB shall conform to all provisions of the MUTCD.
1.1.3 Each RRFB shall be a complete assembly consisting of supporting structure (pole, breakaway transformer base, sign, cabinet, and solar panel supports), indications, signage, cabinet, solar panel, and electrical components (wiring, solid-state circuit boards, etc.).
1.1.4 Each RRFB shall be supplied with all required hardware to install assembly.
1.1.5 Each RRFB shall be ADA compliant.
1.1.6 Each RRFB shall be rated for 90 mph wind conditions.
1.1.7 All components shall be designed to operate under ambient temperature conditions from -30 to 165 °F.
1.2 Functional Requirements
1.2.1 The RRFB shall be normally dark, shall initiate operation only upon pedestrian actuation, and shall cease operation after a predetermined period of operation. The predetermined period of operation shall be based on the procedures provided in Section 4E.06 of the current MUTCD for the timing of pedestrian clearance times for pedestrian signals.
1.2.2 When actuated, all RRFB units associated with a given crosswalk shall simultaneously commence operation of their rapid-flashing indications within 120 milliseconds. All RRFB units associated with a given crosswalk shall simultaneously cease operation of their rapid-flashing indications within 120 milliseconds.
1.2.3 During activation, a small light, directed at and visible to pedestrians in the crosswalk, shall be installed integral to the RRFB to give confirmation that the RRFB is in
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operation. The pedestrian indication shall flash concurrently with one of the vehicle indications to give confirmation that the RRFB is in operation.
1.2.4 Upon actuation, the two or four yellow indications in each RRFB unit shall flash in a sequence of 75 cycles per minute. The left and right RRFB indications shall operate using the following sequence during each 800-millisecond cycle:
The RRFB indication on the left-hand side shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
The RRFB indication on the right-hand side shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
The RRFB indication on the left-hand side shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
The RRFB indication on the right-hand side shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
Both RRFB indications shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
Both RRFB indications shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 250 milliseconds.
1.2.5 The flash rate of each individual RRFB indication, as applied over the full flashing sequence, shall not be between 5 and 30 flashes per second to avoid frequencies that might cause seizures in anyone viewing the activated RRFB.
1.2.6 The light intensity of the yellow indications during daytime conditions shall meet the minimum specifications for Class 1 yellow peak luminous intensity in the current Society of Automotive Engineers (SAE) Standard J595 (Directional Flashing Optical Warning Devices for Authorized Emergency, Maintenance, and Service Vehicles).
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1.2.7 To minimize excessive glare, an automatic signal dimming device shall be used to reduce the brilliance of the RRFB indications during nighttime conditions.
2.0 MATERIALS
All provisions of §709-01, §715, §723, §724 and §730 shall apply except as detailed below:
2.1 Indicators:
2.1.1 Each RRFB facing shall consist of two rectangular-shaped yellow indications each with an LED-array-based light source. The size of each RRFB indication shall be at least 5 inches wide by at least 2 inches high and shall be aligned horizontally, with the longer dimension horizontal and with a minimum space between the two indications of at least 7 inches, measured from the nearest edge of one indication to the nearest edge of the other indication. 2.1.2 The outside edges of the RRFB indications, including any housings, shall not project beyond the outside edges of the signage of the RRFB. 2.1.3 Indicators shall be mounted in a housing constructed of durable, corrosion resistant, powder-coated aluminum with stainless steel fasteners. 2.1.4 Mounting hardware shall be stainless steel. 2.1.5 The indicator housing shall be located between and immediately adjacent to the bottom of the crossing warning sign and the top of the supplemental downward diagonal arrow plaque (or, in the case of a supplemental advance sign, the AHEAD or distance plaque). 2.1.6 All RRFB light bars shall be field adjustable to maximize the field of view on each vehicle approach. 2.1.7 Shall be rated for a minimum 15-year life span.
2.2 Radio Network Controller and Cabinet:
2.2.1 The local equipment controlling the components of the beacon assembly shall be housed in a lockable, weatherproof, vandal and tamper resistant NEMA 3R rated aluminum enclosure, intended for outdoor use, primarily to provide a degree of protection against corrosion, windblown dust and rain, splashing water, hose- directed water, and damage from ice formation. 2.2.2 The cabinet shall be mounted on the pole and a work pad shall be provided, in accordance with signal system details. Cabinet shall not intrude into sidewalk or obstruct the pedestrian push button. 2.2.3 The cabinet shall be mounted on the side of the pole away from approaching traffic at a height between 3.5 – 4.5 feet from the bottom of the cabinet to the ground. In unpaved areas a concrete work pad shall be installed in front of the cabinet door not to exceed 5 feet by 5 feet by 4 inches deep and shall abut the pole foundation.
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2.2.4 The cabinet shall be of sufficient size to house all required equipment. 2.2.5 Cabinet locking mechanisms shall meet NYSDOT standards currently used by the regional traffic signal groups. All keys to installed locking mechanisms shall be supplied to the Engineer upon acceptance of the work. The cabinet shall be secured with a Corbin lock and keyed as directed by the Regional Traffic Engineer for securing the cabinet door. 2.2.6 The controller shall be replaceable independently of other components.
2.3 Controls:
2.3.1 Controls shall include integrated constant current LED drivers with a minimum of two output channels for driving one or two assemblies. 2.3.2 Controls shall be completely programmable: 2.3.2.1 To run for a user specified time period when activated via switch, button contact closure, or when triggered from an external sensor such as a wireless transmitter, radar detector, presence detector, or wireless walk through bollard with a compatible sensor output. 2.3.3 Controls shall be capable of being programmed for alternate flash rates and patterns with a minimum resolution of 0.25s per trigger action. 2.3.4 Controls shall seamlessly integrate with the wireless transceiver to form a network of connected devices. 2.3.5 Controls shall allow adjustable and programmable light intensity levels for the beacons. Intensity level programming shall allow for manual and automatic modes. Manual mode shall allow the light intensity to be configured for a constant output on every available intensity level. Automatic mode shall allow for automatic intensity adjustment based upon assembly’s ambient light conditions. Assemblies shall have a minimum of two brightness intensities available, exclusive of any unlit condition. 2.3.6 Controls shall include data-logging capabilities with selectable interval from one minute to one day with at least a 60-day logging period. 2.3.7 Controls shall include an RS232 serial interface and ethernet interface for local programming. Controls mays include USB cable interfaces for supplemental data connections. 2.3.8 Controls shall be locally programmable using software for Microsoft Windows 2007 or later or web based program. 2.3.9 The controller software shall allow programmable operation of the Assembly. Direct control of functions such as lighting controls shall be possible.
2.4 Transceiver:
2.4.1 Shall provide wireless communication between the assemblies to integrate the
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pushbutton activation of indications. 2.4.2 Shall seamlessly integrate with the controller to ensure sequential activation of other radio-equipped devices in the system. 2.4.3 Shall synchronize the system components to activate the indications within 120 ms of one another and remain synchronized throughout the duration of the flash (timeout) cycle. 2.4.4 Shall include network-wide modification of sign controller settings and output durations using programmability from any networked transceiver without the use of additional equipment or software. 2.4.5 Shall be capable of operating as a parent (gateway) or child (node or repeater). 2.4.6 Shall be capable of providing site-survey data for verification of signal strength between network devices. 2.4.7 Shall operate on the license-free ISM band.
2.4.8 Radio control shall operate on an FCC approved 900 MHz frequency, hopping spread spectrum network with a normal operating range of ~1000 feet. 2.4.9 Shall operate from 3.3 to 15 VDC input. 2.4.10 Shall comply with 47 CFR Part 15. 2.4.11 Shall be replaceable independently of other components. 2.4.12 The product must be FCC certified to comply with all 47 CFR Part 15 Subpart B Emission requirements.
2.5 Emergency Shutoff:
2.5.1 One toggle-type power switch, for either the AC or solar power source, shall be provided for emergency shutoff at the local cabinet on the pole.
2.6 Power Supply:
2.6.1 The power supply shall be either solar or 120 VAC and meet all applicable codes. 2.6.2 With the exception of conduits run for service entrance cables as detailed in NFPA 70: National Electric Code, the assembly shall contain no externally mounted wiring or wiring conduits. 2.6.3 Autonomy with a fully charged battery shall be at least 30 days of continuous operation without charging at an ambient temperature of 70 °F with at least ten actuations per hour. 2.6.4 Battery: 2.6.4.1 Shall have a nominal output voltage of 12 VDC and a capacity of 48 Ah at a C100 discharge rate. 2.6.4.2 Shall be sealed and spill proof. 2.6.4.3 Shall have terminals that accept screws or bolts for secure wiring connections. 2.6.4.4 Shall be replaceable independently of other components.
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2.6.4.5 Shall be fused for short circuit protection.
2.7 Solar Power:
2.7.1 One solar array with a bracket for mounting to the top of the pole. 2.7.2 Flexible, liquid tight conduit shall be used from the solar panel to the weather head/pole cap or as instructed by the solar panel manufacturer’s instructions. 2.7.3 The solar panel shall be affixed to an aluminum plate and bracket, adjustable at an angle of 45 – 60 degrees to facilitate adjustment for maximum solar collection and optimal battery strength. 2.7.4 The solar panel assembly (panel, plate and bracket) shall be secured to a pole cap mount, capable of 360-degree rotation, to facilitate adjustment for maximum solar collection and optimal battery strength. 2.7.5 The solar panel shall be capable of withstanding operating temperatures of -30 to 165 °F. 2.7.6 If an Accessible Pedestrian Signal (APS) system is called for in the contract documents, all provisions for the continuous operation of the APS will be accounted for in the solar power system. 2.7.7 Solar Charge Controller: 2.7.7.1 Shall automatically provide Low Voltage Disconnect (LVD) to protect diminished power batteries. 2.7.7.2 Shall automatically provide Load-Reconnection once battery levels have been restored to an acceptable power level. 2.7.7.3 Shall protect against and automatically recover from short circuits, overloads, reverse polarities, high temperatures, lightning and transient surges, and voltage spikes. 2.7.7.4 Shall be independently replaceable of other control panel components.
2.8 Electrical Power:
2.8.1 The AC input terminals shall be equipped with a 210 J (joule) capacity power line surge suppressor. The suppressor shall have noise blanking capability. 2.8.2 Where required by the contract documents, or as required by the utility company, a meter shall be included. 2.8.3 All electrical components and wiring shall be approved to CSA or UL standards as applicable. 2.8.4 AC Power shall have electrical service disconnect.
2.9 Pole Shaft:
2.9.1 Shall be a standard 4.5-inch OD galvanized steel pole as per §724 with 4 bolt base plate with a 12.75-inch bolt circle. 2.9.2 Shall meet MUTCD height requirements.
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2.10 Pole Pedestal Base:
2.10.1 Shall conform to §723-15 and mount on a concrete foundation attached by four anchor ‘J’ bolts that are to be imbedded in a concrete foundation. 2.10.2 Shall meet or exceed AASHTO break-away requirements for traffic signal supports.
2.11 Pedestrian Push Buttons:
2.11.1 A piezo pushbutton shall be ADA compliant, and shall operate as normally open (n/o) circuit.
2.12 Static Signs:
2.12.1 All signs shall conform to the MUTCD and the NYS Supplement to the MUTCD. 2.12.2 All sign panels and plaques shall conform to the requirements of §645-2.02 of the NYS Standard Specifications. 2.12.3 Sign sheeting shall conform to the requirements in §645-2.02. 2.12.4 All sign assemblies shall use anti-vandal fasteners and tools to mount components to sign and sign to fixture. 2.12.5 Crossing sign assemblies shall consist of one of the following with the appropriate plaque: Pedestrian Crossing (W11-2), a School Crossing (S1-1), or a Trail Crossing (W11-15). 2.12.6 R10-25 shall be furnished, at least a size of 9 by 12 inches, to be mounted adjacent to and above each pedestrian pushbutton.
3.0 CONSTRUCTION DETAILS 3.1 All provisions of §645 and §680 shall apply except for all electrical wiring and as modified below.
3.2 Electrical and communication wires shall be run in separate conduits.
3.3 Prior to any fabrication or installation of any of the components of the Flashing Beacon Assembly, the Contractor shall submit detailed specifications, parts lists, manufacturer’s cut sheets, instruction sheets, and wiring diagrams to the Engineer for approval at least 14 calendar days before installation.
3.4 The Contractor shall install and position the beacon assembly in such a manner as to optimize visibility for roadway traffic, and optimize incident light for the solar assembly, using the manufacturer’s recommendations and instructions for installation.
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3.5 If the Engineer determines that the unit is not functioning properly, the Contractor shall secure the services of the manufacturer’s representative for installation and testing.
3.6 Where new work is to meet existing infrastructure, the Contractor’s methods shall provide for neat lines, to achieve a satisfactory installation.
4.0 METHOD OF MEASUREMENT
This work will be measured as the number of RRFB assemblies furnished and installed in accordance with the Contract Documents, or as directed by the Engineer.
5.0 BASIS OF PAYMENT
5.1 The unit price bid shall include the cost of furnishing all labor, materials, and equipment necessary to satisfactorily complete the work, including the signs shown in the associated details.
5.2 Note: X= 2 = two forward beacons, 4 = four beacons, two forward facing beacons, and two rearward facing beacons; Y= 1 = AC powered (overhead supply), 2 = AC powered (underground supply), 3 = Solar powered
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230 NYS Wage Determination
(Contractor to pay the higher of NYS or Federal Wage Determinations)
PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT
Location: Cayuga County in New York
Project Type: South Street (NYS Route 34) Corridor Enhancement Project, PIN 3950.54
PRC#: 2020008672
A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for this project.
The current schedule of the prevailing rates and prevailing hourly supplements for the project referenced above may be accessed at the New York State Department of Labor web site at:
https://www.labor.ny.gov/workerprotection/publicwork/pwcontents.shtm
Updated PDF copies of the schedule can be accessed by entering the assigned PRC# at the proper location on the website.
For policy or rate questions, call the NYS Department of Labor at (585) 258-4505.
231
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232
Andrew M. Cuomo, Governor Roberta Reardon, Commissioner
City of Auburn Schedule Year 2020 through 2021
Jeff Reina, Managing Engineer Date Requested 08/18/2020 499 Col. Eileen Collins Blvd PRC# 2020008672 Syracuse NY 13212
Location City of Auburn Project ID# D034841 Project Type Reconstruction of South Street from Metcalf Dr. to South City Line.
PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT
Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project.
The schedule is effective from July 2020 through June 2021. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.ny.gov. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website.
It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages.
Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction.
Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website.
NOTICE OF COMPLETION / CANCELLATION OF PROJECT
Date Completed: Date Cancelled:
Name & Title of Representative:
Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240
www.labor.ny.gov. PW 200 [email protected]
233
234 General Provisions of Laws Covering Workers on Article 8 Public Work Contracts
Introduction
The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed.
Responsibilities of the Department of Jurisdiction
A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract.
The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW 39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract.
Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule.
The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose.
Both the PW 16 and PW 200 forms are available for completion online.
Hours
No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project.
There are very few exceptions to this rule. Complete information regarding these exceptions is available on the "Request for a dispensation to work overtime" form (PW30) and "4 Day / 10 Hour Work Schedule" form (PW 30.1).
Wages and Supplements
The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870; or electronically at the NYSDOL website www.labor.ny.gov.
Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.ny.gov.
The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website www.labor.ny.gov.
Payrolls and Payroll Records
Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. As per Article 6 of the Labor law, contractors and subcontractors are required to establish, maintain, and preserve for not less than six (6) years, contemperaneous, true, and accurate payroll records. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Address, Last 4 Digits of Social Security Number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid 235 or provided, and Daily and weekly number of hours worked in each classification.
The filing of payrolls to the Department of Jurisdiction is a condition of payment.Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall collect, review for facial validity, and maintain such payrolls.
In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records include, but are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite.
The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor.
All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law.
All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8 . Section 220-a).
Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties
The wages and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1st.
When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover periods of time beyond the July 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informational ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period.
Withholding of Payments
When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination.
When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor.
The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld.
Summary of Notice Posting Requirements
The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches.
236 The "Public Work Project" notice must be posted at the beginning of the performance of every public work contract, on each job site.
Every employer providing workers. compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsite.
Every employer subject to the NYS Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers, notices furnished by the State Division of Human Rights.
Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the NYS Department of Labor.
Apprentices
Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing.
NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York State.
Persons wishing to verify the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or by Fax to NYSDOL Apprenticeship Training (518) 457-7154. All requests for verification must include the name and social security number of the person for whom the information is requested.
The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information.
It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice.
Interest and Penalties
In the event that an underpayment of wages and/or supplements is found:
- Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. - A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due.
Debarment
Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when:
- Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. - There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements.
Criminal Sanctions
Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine or imprisonment of up to 15 years, or both.
Discrimination
No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status.
No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates (NYS Labor Law, Article 8, Section 220-e(a)).
237 No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220- e(b) ).
The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion.
There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 8, Section 220-e(c) ).
The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract (NYS Labor Law, Article 8, Section 220-e(d) ).
Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights.
Workers' Compensation
In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law.
A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work.
The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder.
If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page.
The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State.
Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite.
Unemployment Insurance
Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor.
238
Andrew M. Cuomo, Governor Roberta Reardon, Commissioner
City of Auburn Schedule Year 2020 through 2021
Jeff Reina, Managing Engineer Date Requested 08/18/2020 499 Col. Eileen Collins Blvd PRC# 2020008672 Syracuse NY 13212
Location City of Auburn Project ID# D034841 Project Type Reconstruction of South Street from Metcalf Dr. to South City Line.
Notice of Contract Award
New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project.
Upon notifying the successful bidder(s) of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website.
Contractor Information All information must be supplied
Federal Employer Identification Number:
Name:
Address:
aaa
City: State: Zip:
Amount of Contract: $ Contract Type: [ ] (01) General Construction Approximate Starting Date: - - - - /- - - - / [ ] (02) Heating/Ventilation [ ] (03) Electrical Approximate Completion Date: - - - - /- - - - / [ ] (04) Plumbing [ ] (05) Other :
Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240
www.labor.ny.gov. PW 16 [email protected] 239
240 Social Security Numbers on Certified Payrolls:
The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors' concern regarding inclusion of this information on payrolls if another identifier will suffice.
For these reasons, the substitution of the use of the last four digits of the social security number on certified payrolls submitted to contracting agencies on public work projects is now acceptable to the Department of Labor. This change does not affect the Department's ability to request and receive the entire social security number from employers during its public work/ prevailing wage investigations.
Construction Industry Fair Play Act: Required Posting for Labor Law Article 25-B § 861-d
Construction industry employers must post the "Construction Industry Fair Play Act" notice in a prominent and accessible place on the job site. Failure to post the notice can result in penalties of up to $1,500 for a first offense and up to $5,000 for a second offense. The posting is included as part of this wage schedule. Additional copies may be obtained from the NYS DOL website, www.labor.ny.gov. https://labor.ny.gov/formsdocs/ui/IA999.pdf If you have any questions concerning the Fair Play Act, please call the State Labor Department toll-free at 1-866-435-1499 or email us at: [email protected] .
Worker Notification: (Labor Law §220, paragraph a of subdivision 3-a)
This provision is an addition to the existing wage rate law, Labor Law §220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her job classification. The required notification will be provided with each wage schedule, may be downloaded from our website www.labor.ny.gov or be made available upon request by contacting the Bureau of Public Work at 518-457-5589. *In the event the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice.
(05.19)
241 To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND
Budget Policy & Reporting Manual
B-610
Public Work Enforcement Fund effective date December 7, 2005
1. Purpose and Scope:
This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its relevance to State agencies and public benefit corporations engaged in construction or reconstruction contracts, maintenance and repair, and announces the recently-enacted increase to the percentage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund:
- New York State Department of Labor (DOL), - The Office of the State of Comptroller (OSC), and - State agencies and public benefit corporations.
2. Background and Statutory References:
DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for construction or reconstruction, maintenance and repair, as defined in subdivision two of Section 220 of the Labor Law. State agencies and public benefit corporations participating in such contracts are required to make payments to the Fund.
Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997, Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of 2003 and Chapter 407 of the Laws of 2005) established the Fund.
3. Procedures and Agency Responsibilities:
The Fund is supported by transfers and deposits based on the value of contracts for construction and reconstruction, maintenance and repair, as defined in subdivision two of Section 220 of the Labor Law, into which all State agencies and public benefit corporations enter.
Chapter 407 of the Laws of 2005 increased the amount required to be provided to this fund to .10 of one-percent of the total cost of each such contract, to be calculated at the time agencies or public benefit corporations enter into a new contract or if a contract is amended. The provisions of this bill became effective August 2, 2005.
242 To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND
OSC will report to DOL on all construction-related ("D") contracts approved during the month, including contract amendments, and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a determination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance where an agency is unsure if a contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing.
For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL.
Reports should contain the following information:
- Name and billing address of State agency or public benefit corporation; - State agency or public benefit corporation contact and phone number; - Name and address of contractor receiving the award; - Contract number and effective dates; - Contract amount and PWEF assessment charge (if contract amount has been amended, reflect increase or decrease to original contract and the adjustment in the PWEF charge); and - Brief description of the work to be performed under each contract.
Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to:
Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY 12240
Any questions regarding billing should be directed to NYSDOL's Administrative Finance Bureau-PWEF Unit at (518) 457-3624 and any questions regarding Public Work Contracts should be directed to the Bureau of Public Work at (518) 457-5589.
243
244
Required Notice under Article 25-B of the Labor Law
Attention All Employees, Contractors and Subcontractors: You are Covered by the Construction Industry Fair Play Act
The law says that you are an employee unless: • You are free from direction and control in performing your job, and • You perform work that is not part of the usual work done by the business that hired you, and • You have an independently established business.
Your employer cannot consider you to be an independent contractor unless all three of these facts apply to your work.
It is against the law for an employer to misclassify employees as independent contractors or pay employees off the books.
Employee Rights: If you are an employee, you are entitled to state and federal worker protections. These include: • Unemployment Insurance benefits, if you are unemployed through no fault of your own, able to work, and otherwise qualified, • Workers’ compensation benefits for on-the-job injuries, • Payment for wages earned, minimum wage, and overtime (under certain conditions), • Prevailing wages on public work projects, • The provisions of the National Labor Relations Act, and • A safe work environment.
It is a violation of this law for employers to retaliate against anyone who asserts their rights under the law. Retaliation subjects an employer to civil penalties, a private lawsuit or both.
Independent Contractors: If you are an independent contractor, you must pay all taxes and Unemployment Insurance contributions required by New York State and Federal Law.
Penalties for paying workers off the books or improperly treating employees as independent contractors:
• Civil Penalty First offense: Up to $2,500 per employee
Subsequent offense(s): Up to $5,000 per employee
• Criminal Penalty First offense: Misdemeanor - up to 30 days in jail, up to a $25,000 fine and debarment from performing public work for up to one year.
Subsequent offense(s): Misdemeanor - up to 60 days in jail or up to a $50,000 fine and debarment from performing public work for up to 5 years.
If you have questions about your employment status or believe that your employer may have violated your rights and you want to file a complaint, call the Department of Labor at (866) 435-1499 or send an email to [email protected]. All complaints of fraud and violations are taken seriously. You can remain anonymous.
Employer Name: IA 999 (09/16) 245
246 New York State Department of Labor Bureau of Public Work Attention Employees THIS IS A: PUBLIC WORK PROJECT If you are employed on this project as a worker, laborer, or mechanic you are entitled to receive the prevailing wage and supplements rate for the classification at which you are working.
Chapter 629 of These wages are set by law and must be posted the Labor Laws at the work site. They can also be found at: of 2007: www.labor.ny.gov
If you feel that you have not received proper wages or benefits, please call our nearest office.*
Albany (518) 457-2744 Patchogue (631) 687-4882 Binghamton (607) 721-8005 Rochester (585) 258-4505 Buffalo (716) 847-7159 Syracuse (315) 428-4056 Garden City (516) 228-3915 Utica (315) 793-2314 New York City (212) 932-2419 White Plains (914) 997-9507 Newburgh (845) 568-5156
* For New York City government agency construction projects, please contact the Office of the NYC Comptroller at (212) 669-4443, or www.comptroller.nyc.gov – click on Bureau of Labor Law.
Contractor Name:
Project Location:
PW 101 (4.15) 247
248 Requirements for OSHA 10 Compliance
Article 8 §220-h requires that when the advertised specifications, for every contract for public work, is $250,000.00 or more the contract must contain a provision requiring that every worker employed in the performance of a public work contract shall be certified as having completed an OSHA 10 safety training course. The clear intent of this provision is to require that all employees of public work contractors, required to be paid prevailing rates, receive such training “prior to the performing any work on the project.”
The Bureau will enforce the statute as follows:
All contractors and sub contractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed.
Proof of completion may include but is not limited to:
• Copies of bona fide course completion card (Note: Completion cards do not have an expiration date.)
• Training roster, attendance record of other documentation from the certified trainer pending the issuance of the card.
• Other valid proof
**A certification by the employer attesting that all employees have completed such a course is not sufficient proof that the course has been completed.
Any questions regarding this statute may be directed to the New York State Department of Labor, Bureau of Public Work at 518- 457-5589.
WICKS
Public work projects are subject to the Wicks Law requiring separate specifications and bidding for the plumbing, heating and electrical work, when the total project's threshold is $3 million in Bronx, Kings, New York, Queens and, Richmond counties; $1.5 million in Nassau, Suffolk and Westchester counties; and $500,000 in all other counties.
For projects below the monetary threshold, bidders must submit a sealed list naming each subcontractor for the plumbing, HVAC and electrical and the amount to be paid to each. The list may not be changed unless the public owner finds a legitimate construction need, including a change in specifications or costs or the use of a Project Labor Agreement (PLA), and must be open to public inspection.
Allows the state and local agencies and authorities to waive the Wicks Law and use a PLA if it will provide the best work at the lowest possible price. If a PLA is used, all contractors shall participate in apprentice training programs in the trades of work it employs that have been approved by the Department of Labor (DOL) for not less than three years. They shall also have at least one graduate in the last three years and use affirmative efforts to retain minority apprentices. PLA's would be exempt from Wicks, but deemed to be public work subject to prevailing wage enforcement.
The Commissioner of Labor shall have the power to enforce separate specification requirement s on projects, and may issue stop- bid orders against public owners for non-compliance.
Other new monetary thresholds, and similar sealed bidding for non-Wicks projects, would apply to certain public authorities including municipal housing authorities, NYC Construction Fund, Yonkers Educational Construction Fund, NYC Municipal Water Finance Authority, Buffalo Municipal Water Finance Authority, Westchester County Health Care Association, Nassau County Health Care Corp., Clifton-Fine Health Care Corp., Erie County Medical Center Corp., NYC Solid Waste Management Facilities, and the Dormitory Authority.
Contractors must pay subcontractors within a 7 days period.
(07.19)
249 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672
Introduction to the Prevailing Rate Schedule
Information About Prevailing Rate Schedule
This information is provided to assist you in the interpretation of particular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates. Classification
It is the duty of the Commissioner of Labor to make the proper classification of workers taking into account whether the work is heavy and highway, building, sewer and water, tunnel work, or residential, and to make a determination of wages and supplements to be paid or provided. It is the responsibility of the public work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the project. District office locations and phone numbers are listed below.
Prevailing Wage Schedules are issued separately for "General Construction Projects" and "Residential Construction Projects" on a county- by-county basis.
General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates.
Residential Construction Rates generally apply to construction, reconstruction, repair, alteration, or demolition of one family, two family, row housing, or rental type units intended for residential use.
Some rates listed in the Residential Construction Rate Schedule have a very limited applicability listed along with the rate. Rates for occupations or locations not shown on the residential schedule must be obtained from the General Construction Rate Schedule. Please contact the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria.
Payrolls and Payroll Records
Contractors and subcontractors are required to establish, maintain, and preserve for not less that six (6) years, contemporaneous, true, and accurate payroll records.
Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. Paid Holidays
Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Overtime
At a minimum, all work performed on a public work project in excess of eight hours in any one day or more than five days in any workweek is overtime. However, the specific overtime requirements for each trade or occupation on a public work project may differ. Specific overtime requirements for each trade or occupation are contained in the prevailing rate schedules.
Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays.
The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification.
Supplemental Benefits
Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is straight time for all hours worked, some classifications require the payment or provision of supplements, or a portion of the supplements, to be paid or provided at a premium rate for premium hours worked. Supplements may also be required to be paid or provided on paid holidays, regardless of whether the day is worked. The Overtime Codes and Notes listed on the particular wage classification will indicate these conditions as required. Effective Dates
When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July 1 of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements. If you have any questions please contact the Bureau of Public Work or visit the New York State Department of Labor website (www.labor.ny.gov) for current wage rate information. Apprentice Training Ratios
The following are the allowable ratios of registered Apprentices to Journey-workers.
For example, the ratio 1:1,1:3 indicates the allowable initial ratio is one Apprentice to one Journeyworker. The Journeyworker must be in place on the project before an Apprentice is allowed. Then three additional Journeyworkers are needed before a second Apprentice is allowed. The last ratio repeats indefinitely. Therefore, three more Journeyworkers must be present before a third Apprentice can be hired, and so on.
Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions.
Page250 18 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672
Title (Trade) Ratio Boilermaker (Construction) 1:1,1:4 Boilermaker (Shop) 1:1,1:3 Carpenter (Bldg.,H&H, Pile Driver/Dockbuilder) 1:1,1:4 Carpenter (Residential) 1:1,1:3 Electrical (Outside) Lineman 1:1,1:2 Electrician (Inside) 1:1,1:3 Elevator/Escalator Construction & Modernizer 1:1,1:2 Glazier 1:1,1:3 Insulation & Asbestos Worker 1:1,1:3 Iron Worker 1:1,1:4 Laborer 1:1,1:3 Mason 1:1,1:4 Millwright 1:1,1:4 Op Engineer 1:1,1:5 Painter 1:1,1:3 Plumber & Steamfitter 1:1,1:3 Roofer 1:1,1:2 Sheet Metal Worker 1:1,1:3 Sprinkler Fitter 1:1,1:2 If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of PUBLIC WORK District Office or write to:
New York State Department of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240
District Office Locations: Telephone # FAX #
Bureau of Public Work - Albany 518-457-2744 518-485-0240
Bureau of Public Work - Binghamton 607-721-8005 607-721-8004
Bureau of Public Work - Buffalo 716-847-7159 716-847-7650
Bureau of Public Work - Garden City 516-228-3915 516-794-3518
Bureau of Public Work - Newburgh 845-568-5287 845-568-5332
Bureau of Public Work - New York City 212-932-2419 212-775-3579
Bureau of Public Work - Patchogue 631-687-4882 631-687-4902
Bureau of Public Work - Rochester 585-258-4505 585-258-4708
Bureau of Public Work - Syracuse 315-428-4056 315-428-4671
Bureau of Public Work - Utica 315-793-2314 315-793-2514
Bureau of Public Work - White Plains 914-997-9507 914-997-9523
Bureau of Public Work - Central Office 518-457-5589 518-485-1870
Page251 19 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County Cayuga County General Construction
Boilermaker 08/01/2020
JOB DESCRIPTION Boilermaker DISTRICT 6 ENTIRE COUNTIES Cayuga, Clinton, Cortland, Franklin, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Seneca, St. Lawrence, Tompkins WAGES Per hour: 07/01/2020
Boilermaker $ 35.23
SUPPLEMENTAL BENEFITS Per hour: Journeyman $ 25.42* + 1.23
*This portion of the benefits subject to the same premium rate as shown for overtime wages. OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 25) on HOLIDAY PAGE NOTE: When a holiday falls on Sunday, the day observed by the State or Nation shall be observed. When Christmas Day and New Year's fall on Saturday, Friday will be observed as the holiday. REGISTERED APPRENTICES WAGES per hour: Six month terms at the following percentage of Journeyman's wage.
1st 2nd 3rd 4th 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 90% 95% $22.90 $22.90 $24.66 $26.42 $28.18 $29.95 $31.70 $33.47
SUPPLEMENTAL BENEFITS per hour:
$ 19.00* $ 19.00* $ 19.92* $ 20.82* $ 21.73* $ 22.66* $23.60* $ 24.50* + 1.23 + 1.23 + 1.23 + 1.23 + 1.23 + 1.23 + 1.23 + 1.23
*This portion of the benefits subject to the same premium rate as shown for overtime wages. 6-175
Carpenter - Building 08/01/2020
JOB DESCRIPTION Carpenter - Building DISTRICT 5 ENTIRE COUNTIES Cayuga, Seneca, Yates WAGES Per hour: 07/01/2020
Carpenter $ 27.25 Floor Coverer 27.25 Carpet Layer 27.25 Drywall 27.25 Diver - Wet Day 61.25 Diver - Dry Day 28.25 Dive Tender 28.25
NOTE ADDITIONAL AMOUNTS PAID FOR THE FOLLOWING WORK LISTED BELOW (per hour worked): - Pile Drivers/Dock Builders shall receive $0.25 per hour over the journeyman's rate of pay when performing piledriving/dock building work. - Certified Welders shall receive $1.00 per hour over the journeyman's rate of pay when the employee is required to be certified and performs DOT or ABS specified welding work - When an employee performs work within a contaminated area on a State and/or Federally designated hazardous waste site, and where relevant State and/or Federal regulations require employees to be furnished and use or wear required forms of personal protection, then the employee shall receive his regular hourly rate plus $1.50 per hour. - Depth pay for Divers based upon deepest depth on the day of the dive (per diem payment): 0' to 80' no additional fee
Page252 20 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County 81'to 100' additional $.50 per foot 101'to 150' additional $0.75 per foot 151'and deeper additional $1.25 per foot - Penetration pay for Divers based upon deepest penetration on the day of the dive (per diem payment): 0' to 50' no additional fee 51' to 100' additional $.75 per foot 101' and deeper additional $1.00 per foot - Diver rates applies to all hours worked on dive day.
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 19.90 OVERTIME PAY See (B, E, *E2, Q) on OVERTIME PAGE * NOTE - Saturday is payable at straight time if the employee misses work, except where a doctor's or hospital's verification of illness is produced Monday through Friday when work was available to the employee.
HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: Any holiday which occurs on Sunday shall be observed the following Monday. If Christmas falls on a Saturday, it shall be observed on the prior Friday. REGISTERED APPRENTICES ALL APPRENTICES indentured prior to 01/01/16 Wages per hour (One year terms at the following percentage of journeyman's base wage): 1st 2nd 3rd 4th 50% 60% 70% 80% Supplemental Benefits per hour: $ 11.84 $ 11.84 $ 14.49 $ 14.49
CARPENTER APPRENTICES indentured after 01/01/16 Wages per hour (1300 hour terms at the following percentage of journeyman's base wage): 1st 2nd 3rd 4th 5th 50% 60% 65% 70% 80% Supplemental Benefits per hour: $ 11.84 $ 11.84 $14.49 $ 14.49 $ 14.49
PILEDRIVER/DOCK BUILDER APPRENTICES indentured after 01/01/16 Wages per hour (1300 hour terms at the following percentage of journeyman's base wage): 1st 2nd 3rd 4th 50%* 60%* 70%* 80%* *Pile Driving/Dock Builder apprentices shall receive an additional $0.25 per hour worked when performing piledriving/dock building work. Supplemental Benefits per hour: $ 11.84 $ 11.84 $ 14.49 $ 14.49
LINOLEUM, RESILIENT TILE, AND CARPET LAYER APPRENTICES indentured after 01/01/16 Wages per hour (1300 hour terms at the following percentage of journeyman's base wage): 1st 2nd 3rd 4th 50% 60% 70% 80% Supplemental Benefits per hour: $ 11.84 $ 11.84 $ 14.49 $ 14.49
ADDITIONAL AMOUNTS PAID PER HOUR WORKED TO APPRENTICES FOR SPECIFIC TYPES OF WORK PERFORMED: - Certified Welders shall receive $1.00 per hour over the apprentices rate of pay when the apprentice is required to be certified and performs DOT or ABS specified welding work - When an apprentice performs work within a contaminated area on a State and/or Federally designated hazardous waste site, and where relevant State and/or Federal regulations require the apprentice to be furnished and use or wear required forms of personal protection, then the apprentice shall receive his regular hourly rate plus $1.50 per hour. 5-277B-Cay
Carpenter - Building / Heavy&Highway 08/01/2020
Page253 21 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County JOB DESCRIPTION Carpenter - Building / Heavy&Highway DISTRICT 2 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates PARTIAL COUNTIES Orange: The area lying on Northern side of Orange County demarcated by a line drawn from the Bear Mountain Bridge continuing west to the Bear Mountain Circle, continue North on 9W to the town of Cornwall where County Road 107 (also known as Quaker Rd) crosses under 9W, then east on County Road 107 to Route 32, then north on Route 32 to Orrs Mills Rd, then west on Orrs Mills Rd to Route 94, continue west and south on Route 94 to the Town of Chester, to the intersection of Kings Highway, continue south on Kings Highway to Bellvale Rd, west on Bellvale Rd to Bellvale Lakes Rd, then south on Bellvale Lakes Rd to Kain Rd, southeast on Kain Rd to Route 17A, then north and southeast along Route 17A to Route 210, then follow Route 210 to NJ Border. WAGES Wages per hour: 07/01/2020 07/01/2021 Additional Carpenter - ONLY for Artificial Turf/Synthetic Sport Surface $ 31.48 $ 1.15
Note - Does not include the operation of equipment. Please see Operating Engineers rates. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 23.65 OVERTIME PAY See (B, E, Q, X) on OVERTIME PAGE HOLIDAY Paid: See (5) on HOLIDAY PAGE Overtime: See (5, 6, 16) on HOLIDAY PAGE Notes: When a holiday falls upon a Saturday, it shall be observed on the preceding Friday. Whan a holiday falls upon a Sunday, it shall be observed on the following Monday. An employee taking an unexcused day off the regularly scheduled day before or after a paid Holiday shall not receive Holiday pay. REGISTERED APPRENTICES Wages per hour:
One year terms at the following percentage of Journeyman's wage: 1st 2nd 3rd 4th 55% 60% 70% 80%
Supplemental Benefits per hour: 1st year term $ 11.80 2nd year term 11.80 3rd year term 14.45 4th year term 14.45 2-42AtSS
Carpenter - Heavy&Highway 08/01/2020
JOB DESCRIPTION Carpenter - Heavy&Highway DISTRICT 2 ENTIRE COUNTIES Broome, Cayuga, Chemung, Chenango, Cortland, Delaware, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Yates WAGES Per hour 07/01/2020 07/01/2021 Additional Carpenter $ 32.18 $ 1.50 Piledriver 32.18 1.50 Diver-Wet Day 57.18 1.50 Diver-Dry Day 33.18 1.50 Diver-Tender 33.18 1.50
NOTE ADDITIONAL AMOUNTS PAID FOR THE FOLLOWING WORK LISTED BELOW (per hour worked): - When project owner mandates a single irregular work shift, the employee will receive an additional $2.00 per hour. A single irregular work shift can start any time from 5:00 p.m. to 1:00 a.m. - State or Federal designated hazardous site, requiring protective gear shall be an additional $2.00 per hour. Page254 22 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County - Certified welders when required to perform welding work will receive an additional $1.50 per hour.
ADDITIONAL NOTES PERTAINING TO DIVERS/TENDERS: - Divers and Tenders shall receive one and one half (1 1/2) times their regular diver and tender rate of pay for Effluent and Slurry diving. - Divers and tenders being paid at the specified rate for Effluent and Slurry diving shall have all overtime rates based on the specified rate plus the appropriate overtime rates (one and one half or two times the specified rate for Slurry and Effluent divers and tenders). - The pilot of an ADS or submersible will receive one and one-half (1 1/2) times the Diver-Wet Day Rate for time submerged. - All crew members aboard a submersible shall receive the Diver-Wet Day rate. - Depth pay for Divers based upon deepest depth on the day of the dive (per diem payment): 0' to 50' no additional fee 51'to 100' additional $.50 per foot 101'to 150' additional $0.75 per foot 151'and deeper additional $1.25 per foot - Penetration pay for Divers based upon deepest penetration on the day of the dive (per diem payment): 0' to 50' no additional fee 51' to 100' additional $.75 per foot 101' and deeper additional $1.00 per foot - Diver rates applies to all hours worked on dive day.
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Friday, provided the project duration is more than forty (40) hours. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 23.65 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE In the event a Holiday falls on a Saturday, the Friday before will be observed as a Holiday. If a Holiday falls on a Sunday, then Monday will be observed as a Holiday. Employee must work scheduled work day before and after the Holiday. REGISTERED APPRENTICES ALL APPRENTICES indentured prior to 01/01/2016 Wages per hour (One year terms at the following percentage of journeyman's base wage): 1st 2nd 3rd 4th 55% 60% 70% 80% Supplemental Benefits per hour: $ 11.80 $ 11.80 $ 14.45 $ 14.45
CAPRENTER APPRENTICES indentured after 01/01/2016 Wages per hour (1300 hour terms at the following percentage of journeyman's base wage): 1st 2nd 3rd 4th 5th 55% 60% 65% 70% 80% Supplemental Benefits per hour: $ 11.80 $ 11.80 $ 14.45 $ 14.45 $ 14.45
PILEDRIVER/DOCKBUILDER APPRENTICES indentured after 01/01/2016 Wages per hour (1300 hour terms at the following percentage of journeyman's base wage): 1st 2nd 3rd 4th 55% 60% 70% 80% Supplemental Benefits per hour: $ 11.80 $ 11.80 $ 14.45 $ 14.45
NOTE ADDITIONAL AMOUNTS PAID PER HOUR WORKED TO APPRENTICES FOR SPECIFIC TYPES OF WORK PERFORMED: - When project owner mandates a single irregular work shift, the employee will receive an additional $2.00 per hour. A single irregular work shift can start any time from 5:00 p.m. to 1:00 a.m. - State or Federal designated hazardous site, requiring protective gear shall be an additional $2.00 per hour. - Certified welders when required to perform welding work will receive an additional $1.50 per hour. 2-277HH-Bro
Electrician 08/01/2020
Page255 23 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County JOB DESCRIPTION Electrician DISTRICT 7 ENTIRE COUNTIES Yates PARTIAL COUNTIES Cayuga: All Townships except Genoa, Ira, Sterling, Victory, Locke, Sempronius and Summerhill Onondaga: Townships of Elbridge and Skaneateles Ontario: Only the Townships of Canadaigua, Farmington, Geneva, Gorham, Hopewell, Manchester, Phelps and Seneca Seneca: All townships except Covert and Lodi Wayne: Only the Townships of Arcadia, Galen, Lyons, Savannah and Village of Newark. WAGES Per Hour: 07/01/2020 06/01/2021 Additional Electrician $ 35.45 $ 1.95 Teledata, Sound Wireman 35.45 Work from 4:30PM to 1:00AM* 40.77 Work from 12:30AM to 9:00AM* 44.31
*Applies when multiple shifts of 8 hours for at least 5 days duration are mandated by the contracting agency.
IMPORTANT NOTE - WORKING ABOVE THE FLOOR: Workmen required working 40 feet or more above a floor or working platform on swinging toothpick scaffolds or boatswain chairs, shall receive $.50 above the applicable rate of pay. Where safety nets are installed according to O.S.H.A. standards and/or other State Safety Standards and/or bucket trucks used with a safety belt and lanyards according to O.S.H.A. standards or other State Safety Standards, this high time rate shall not apply. Any workman working over 50 feet high shall receive $1.00 above the applicable rate and any workman working over 100 feet high shall receive $2.00 above the applicable rate. These rates shall not apply to workers in bucket trucks and motorized scaffolds where safety harnesses are used.
Four(4), ten(10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 22.07 plus 3% of wage paid OVERTIME PAY See (B, E, Q) on OVERTIME PAGE NOTE: WAGE CAP - Double the straight time hourly base wage shall be the maximum hourly wage compensation for any hour worked. Contractor is still responsible to pay the hourly benefit amount for each hour worked. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: If a holiday falls on Saturday, it will be celebrated on the preceding Friday. If a holiday falls on Sunday, it will be celebrated on the following Monday. REGISTERED APPRENTICES WAGES: hourly terms at the following percentage of Journeyman's rate
1st term ( 0-1000 hrs) 40% 2nd term (1001-2000 hrs) 45% 3rd term (2001-3500 hrs) 50% 4th term (3501-5000 hrs) 60% 5th term (5001-6500 hrs) 70% 6th term (6501-8000 hrs) 80%
SUPPLEMENTAL BENEFITS per hour worked:
Appr. 1st and 2nd $ 12.90* All others $ 22.07*
* plus 3% of wage paid 7-840 Z1
Electrician 08/01/2020
Page256 24 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County JOB DESCRIPTION Electrician DISTRICT 6 ENTIRE COUNTIES Cortland, Herkimer, Madison, Oneida, Oswego PARTIAL COUNTIES Cayuga: Townships of Ira, Locke, Sempronius, Sterling, Summerhill and Victory. Chenango: Only the Townships of Columbus, New Berlin and Sherburne. Onondaga: Entire County except Townships of Elbridge and Skaneateles. Otsego: Only the Townships of Plainfield, Richfield, Springfield, Cherry Valley, Roseboom, Middlefield, Otsego, Exeter, Edmeston, Burlington, Pittsfield and New Lisbon. Tompkins: Only the Township of Groton. Wayne: Only the Townships of Huron, Wolcott, Rose and Butler. WAGES Per hour: 07/01/2020
Electrician $ 39.75 Teledata 39.75 Cable Splicer 43.75
NOTES: THE FOLLOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED MULTIPLE SHIFTS OF EIGHT (8) HOURS FOR AT LEAST FIVE (5) DAYS DURATION WHICH MAY HAVE BEEN WORKED. WHEN TWO (2) SHIFTS OR THREE (3) SHIFTS ARE WORKED:
1ST SHIFT 8:00AM - 4:30PM: See rates posted above 2ST SHIFT 4:30 PM - 1:00 AM: Add 15% to rates posted above 3RD SHIFT 12:30 AM - 9:00 AM: Add 25% to rates posted above
Occupied Conditions: When necessary to perform alteration and/or renovation work and owner mandates (due to occupied conditions) prevent the work from being performed during "normal" working hours (defined as between 6:00 a.m. and 4:30 p.m. Monday through Friday), alternate hours may be worked, provided: 1) The hours are established for a minimum of five (5) days duration or the length of the job, whichever is shorter; and 2) An entire work scope within a job-site area is performed utilizing the varied hours. If these conditions are satisfied, all hours worked Monday through Friday of a shift that starts before or ends after the "normal" hours, shall be paid at the appropriate rate plus fifteen percent (15%). However, the following restrictions shall apply:
1) "Alternate" hours shall consist of a minimum of eight consecutive hours per day 2) Hours worked in excess of eight (8) hours per day, Monday through Friday, shall be paid at a rate of one and one-half times the applicable rate (day-shift + 15%) 3) Hours worked on Saturday shall be paid at time and one-half the applicable rate. 4) Hours worked on a Sunday and Holidays shall be paid at double the straight time rate. 5) Work of a new construction nature may not be worked under these conditions.
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day.
SUPPLEMENTAL BENEFITS Per hour: 07/01/2020
Journeyman $ 26.17 plus *3% of hourly wage paid
*NOTE: The 3% is based on the hourly wage paid, straight time or premium rate. OVERTIME PAY See ( B,E**,Q ) on OVERTIME PAGE ** Double Time after 10 hrs. on Saturday. NOTE: WAGE CAP - Double the straight time hourly base wage shall be the maximum hourly wage compensation for any hour worked. Contractor is still responsible to pay the hourly benefit amount for each hour worked. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: If any of the above holidays fall on Saturday, Friday shall be observed as the holiday. If any of the above holidays fall on Sunday, Monday shall be observed as the holiday. REGISTERED APPRENTICES WAGES per hour: Hourly terms at the following percentage of Journeyman's wage.
Page257 25 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
1st period 40% (0-1000 hrs) $ 15.90 2nd period 45% (1001-2000) 17.90 3rd period 50% (2001-3500) 19.90 4th period 60% (3501-5000) 23.85 5th period 70% (5001-6500) 27.85 6th Period 80% (6501-8000) 31.80
SUPPLEMENTAL BENEFITS per hour:
1st period $ 12.34 plus *3% of hourly wage paid
2nd period $ 12.34 plus *3% of hourly wage paid
3rd period $ 24.30 plus *3% of hourly wage paid
4th period $ 24.67 plus *3% of hourly wage paid
5th period $ 25.05 plus *3% of hourly wage paid
6th period $ 25.42 plus *3% of hourly wage paid
*NOTE: The 3% is based on the hourly wage paid, straight time rate or premium rate.
6-43
Electrician 08/01/2020
JOB DESCRIPTION Electrician DISTRICT 6 ENTIRE COUNTIES PARTIAL COUNTIES Cayuga: Only the Township of Genoa. Schuyler: Only the Townships of Cayuta, Catharine, and Hector. Seneca: Only the Townships of Lodi and Covert. Tioga: Only the Townships of Spencer and Candor. Tompkins: Entire county except the Township of Groton. WAGES Per hour: 07/01/2020 06/01/2021 Additional Electrician $ 35.25 $ 1.75
Additional $1.00 per hour for work from trusses, scaffolds, frames, spider baskets, ladders, etc. 40 feet or more from ground floor or in underground mines or tunnels. Work done from personal lift equipment that complies with OSHA requirements are excluded.
Additional $2.00 per hour when required to work under compressed air, on radio towers, on asbestos abatement projects which require the use of a respirator, work of a hazardous nature, work where gas masks are required or work requiring use of protective arc flash suits.
NOTE: THE FOLLOWING RATES WILL APPLY WHEN SHIFT WORK IS MANDATED EITHER IN THE JOB SPECIFICATION OR BY THE CONTRACTING AGENCY:
1ST SHIFT 8:00 AM to 4:30 PM $ 35.25 2ND SHIFT 4:30 PM to 1:00 AM 41.35 3RD SHIFT 12:30 AM to 9:00 AM 46.32 SUPPLEMENTAL BENEFITS Per hour: Page258 26 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
Journeyman $ 27.20 plus 3% of hourly wage paid
NOTE: The 3% is based on the hourly wage paid, straight time rate or premium rate. OVERTIME PAY See (B, *E, Q) on OVERTIME PAGE * NOTE: On Saturday the first 8 hours worked are at 1 1/2 times the rate. All additional hours are at 2 times the rate. NOTE: WAGE CAP - Double the straight time hourly base wage shall be the maximum hourly wage compensation for any hour worked. Contractor is still responsible to pay the hourly benefit amount for each hour worked. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: When a holiday falls on a Saturday, the day preceding shall be celebrated as such, and when falling on a Sunday, Monday will be celebrated as the holiday. REGISTERED APPRENTICES WAGES per hour: Half year terms at the following percentage of Journeyman's wage. 1st & 2nd terms(45%) $ 15.86 3rd & 4th terms(55%) 19.39 5th & 6th terms(65%) 22.91 7th & 8th terms(75%) 26.44 9th & 10th terms(85%) 29.96
SUPPLEMENTAL BENEFITS per hour: 1st thru 4th terms $ 11.55* 5th & 6th terms 20.55* 7th & 8th terms 21.94* 9th & 10th terms 23.32*
* Plus 3% of hourly wage paid, straight time rate or premium rate.
6-241
Elevator Constructor 08/01/2020
JOB DESCRIPTION Elevator Constructor DISTRICT 6 ENTIRE COUNTIES Broome, Cayuga, Chenango, Cortland, Franklin, Jefferson, Lewis, Onondaga, Oswego, St. Lawrence, Tioga, Tompkins PARTIAL COUNTIES Delaware: Only the towns of: Tompkins, Walton, Masonville, Sidney, Franklin and Deposit. Madison: Only the towns of: Cazenovia, DeRuyter, Eaton, Fenner, Georgetown, Lebanon, Lenox, Nelson and Sullivan. Oneida: Only the towns of: Camden, Florence and Vienna. WAGES Per hour: 07/01/2020 01/01/2021 01/01/2022
Elevator Constructor $ 48.12 $ 49.73 $ 51.43 Helper 33.684 34.81 36.00
Four (4), ten (10) hour days may be worked for New Construction and Modernization Work at straight time during a week, Monday thru Thursday, or Tuesday thru Friday
*** Four(4), ten (10) hour days are not permitted for Contract Work/Repair Work
NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 34.765* $ 35.825* $ 37.485*
*NOTE - add 6% of regular hourly rate for all hours worked. Add 8% of regular hourly rate if more than 5 years of service.
OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY
Page259 27 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County Paid: See (5, 6, 15, 16) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16) on HOLIDAY PAGE NOTE: When a paid holiday falls on a Saturday, it shall be observed on Friday. When a paid holiday falls on Sunday, it shall be observed on Monday. REGISTERED APPRENTICES WAGES per hour: 1 year terms at the following percentage of the Elevator Constructor wage.
0-6 months 6-12 months 2nd 3rd 4th 50% 55% 65% 70% 80%
SUPPLEMENTAL BENEFITS per hour:
0-6 months: 6% of the hourly apprentice rate paid, no additional supplemental benefits.
All other terms: Same as Journeyman.
6-62.1
Glazier 08/01/2020
JOB DESCRIPTION Glazier DISTRICT 5 ENTIRE COUNTIES Cayuga, Cortland, Herkimer, Madison, Oneida, Onondaga, Oswego WAGES Per Hour: 07/01/2020 05/01/2021 Additional Glazier $ 25.05 $ 1.25
** IMPORTANT NOTICE ** Four (4), ten (10) days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day.
NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 20.89 OVERTIME PAY See (B,E,E2*,Q) on OVERTIME PAGE. *Note - Or circumstances beyond the control of the employer.
HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES 1000 hour terms at the following percentage of journeyman's wage.
1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 50% 55% 60% 65% 70% 75% 80% 90%
Supplemental Benefits per hour:
Hired after 05/01/2014
Appr. 1st term $ 10.42 Appr. 2nd term 10.88 Appr. 3rd term 14.54 Appr. 4th term 14.27 Appr. 5th term 16.01 Appr. 6th term 16.74 Appr. 7th term 17.46 Appr. 8th term 18.93
5-677.Z-2 Page260 28 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County Insulator - Heat & Frost 08/01/2020
JOB DESCRIPTION Insulator - Heat & Frost DISTRICT 6 ENTIRE COUNTIES Broome, Cayuga, Chemung, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, Schuyler, Seneca, St. Lawrence, Tioga, Tompkins WAGES Per hour: 07/01/2020 05/01/2021 05/01/2022 Additional Additional Asbestos Installer $ 33.50 $ 2.00 $ 2.00 Insulation Installer (On mechanical systems only)
NOTE: THE FOLLOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED SHIFTS WORKED.
1ST SHIFT $ 33.50 2ND SHIFT 38.53 3RD SHIFT 41.88
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 23.84 OVERTIME PAY See (*B1, Q) on OVERTIME PAGE *NOTE: First 10 hours on Saturday HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4,6) on HOLIDAY PAGE. Triple time for Labor Day if worked.
NOTE: When a holiday falls on Sunday, the following Monday shall be observed as a holiday. REGISTERED APPRENTICES WAGES per hour: One year terms at the following percentage of Journeyman's wage
1st 2nd 3rd 4th 50% 60% 70% 80% $ 16.75 $ 20.10 $ 23.45 $ 26.80
SUPPLEMENTAL BENEFITS per hour:
1st & 2nd years $ 21.84 3rd & 4th years 23.84 6-30-Syracuse
Ironworker 08/01/2020
JOB DESCRIPTION Ironworker DISTRICT 6 ENTIRE COUNTIES Broome, Cayuga, Cortland, Onondaga, Oswego, Seneca, Tioga, Tompkins PARTIAL COUNTIES Chenango: Only the Townships of Lincklaen, Otselic, Pitcher, Pharsalia, German, McDonough, Preston, Norwich, Smithville, Oxford, Guilford, Greene, Coventry, Bainbridge and Afton. Jefferson: Only the Townships of Alexandria, Theresa, Clayton, Orleans, Cape Vincent, Lyme, Brownville, Pamelia, LeRay, Hounsfield, Watertown, Rutland, Adams, Henderson, Rodman, Ellisburg, Lorraine and Worth. Madison: Only the Townships of Sullivan, Lenox, Lincoln, Fenner, Smithfield, Cazenovia, Nelson, DeRuyter and Georgetown. Schuyler: Only the Townships of Cayuta, Catharine, Hector and Montour. Wayne: Only the Townships of Galen, Savannah, Rose, Butler, Huron and Wolcott WAGES Structural, Reinforcing, Re-bar, Machinery Mover & Rigger, Ornamental & Curtain Wall, Window Wall, Pre-Glazed Metal Framed Windows Attached to Steel or Masonry Including Caulking, Fence Erector (Chain Link/Security), Sheeter/Bridge Rail, Pre-Cast Erector, Stone Derrickman, Pre-Engineered Building Erector, Welder Page261 29 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
Per hour: 07/01/2020 01/01/2021
$ 30.75 $ 31.25
NOTE: Shift work mandated by the project owner. All shifts will be (8) hours.
1st Shift $ 30.75 $ 31.25 2nd Shift 33.83 34.38 3rd Shift 35.36 35.94 SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 28.05 $ 28.05 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: Any holiday which occurs on Sunday shall be observed the following Monday.
REGISTERED APPRENTICES WAGES per hour: One year terms at the following rates.
1st 2nd 3rd 4th $ 16.50 $ 18.50 $ 20.50 $ 22.50
SUPPLEMENTAL BENEFITS per hour:
1st year $ 11.25 2nd year 19.09 3rd year 20.21 4th year 21.33 6-60
Laborer - Building 08/01/2020
JOB DESCRIPTION Laborer - Building DISTRICT 7 ENTIRE COUNTIES Cayuga WAGES NOTE: - If a prime contract is let for site work only, meaning no buildings are involved in their site contract, the Heavy/Highway rates would be applicable for the Laborers classification only. - When a prime contract is let for site work and building excavation is part of that contract, the Building rates would be applicable for the Laborers classification. - All work outside of the building, if not included in the building contract, will fall under the Heavy/Highway rates.
Per hour: 07/01/2020 06/01/2021 Additional Building Laborer $ 25.67 $ 1.35
Asbestos, Toxic & Hazardous Waste Work 27.67 1.35
IMPORTANT NOTE: Wage and supplement rates for the operation of forklift and skid steer may be found under the classification "Operating Engineer". SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 21.09 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE
Page262 30 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County NOTE: When a holiday falls on Sunday, it will be celebrated on Monday. REGISTERED APPRENTICES WAGES: 1000 hour terms at the following percentage of Journeyman's wage.
1st 2nd 3rd 4th 60% 70% 80% 90%
SUPPLEMENTAL BENEFITS per hour:
All Terms: Same as Journeyman 7-633b Cay
Laborer - Heavy&Highway 08/01/2020
JOB DESCRIPTION Laborer - Heavy&Highway DISTRICT 7 ENTIRE COUNTIES Cayuga WAGES GROUP A: Drill Helper, Flagmen, Outboard and Hand Boats.
GROUP B: BASIC RATE: Bull Float (where used for strike off only), Chain Saw, Concrete Aggregate Bin, Concrete Bootman, Gin Buggy, Hand or Machine Vibrator, Jack Hammer, Mason Tender, Mortar Mixer, Pavement Breaker, Handlers of All Steel Mesh, Small Generators for Laborers' Tools, Installation of Bridge Drainage Pipe, Pipe Layers, Vibrator Type Rollers, Tamper, Drill Doctor, Water Pump Operator (1-1/2" and Single Diaphragm) Nozzle (Asphalt, Gunite, Seeding, and Sand Blasting), Laborers on Chain Link Fence Erection, Rock Splitter & Power Unit, Pusher Type Concrete Saw and All Other Gas, Electric, Oil, and Air Tool Operators, Wrecking Laborer.
GROUP C: Drilling Equipment - only where a separate air compressor unit supplies power, Acetylene Torch Operators, Asphalt Raker, Powder Man, Tail or Screw Operator on Asphalt Paver.
GROUP D: Blasters, Form Setters, Stone or Granite Curb Setters.
GROUP E: Hazardous Waste Removal Work when designated by State/Federal as hazardous waste site and regulations require employees wear required personal protection.
Per hour: 07/01/2020 07/01/2021 Additional GROUP A $ 30.10 $ 1.60 GROUP B 30.30 1.60 GROUP C 30.50 1.60 GROUP D 30.70 1.60 GROUP E 32.80 1.60
NOTE: A single irregular work shift starting any time between 5:00 PM and 1:00 AM on governmental mandated night work shall be paid an additional $2.50 per hour.
IMPORTANT NOTE: Wage and supplement rates for the operation of forklift and skid steer may be found under the classification "Operating Engineer". SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 22.80 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: If a holiday falls on Sunday, it will be celebrated on Monday. In the event that men work on this Sunday holiday, they shall be paid double time. In the event that men work on Monday, they shall be compensated at double time plus the holiday pay. Accordingly, the Monday following the Sunday is treated as the holiday. REGISTERED APPRENTICES WAGES: 1000 hour terms at the following percentage of Journeyman's GROUP B wage.
1st 2nd 3rd 4th 60% 70% 80% 90%
Page263 31 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County SUPPLEMENTAL BENEFITS per hour:
All Terms: Same as Journeyman 7-633h Cay
Laborer - Tunnel 08/01/2020
JOB DESCRIPTION Laborer - Tunnel DISTRICT 7 ENTIRE COUNTIES Cayuga WAGES GROUP A: Change House Men
GROUP B: Miners and all Machine Men, Safety Miner, all Shaftwork, Caisson work, Drilling, Blow Pipe, all Air Tools, Tugger, Scaling, Nipper, Guniting pot to nozzle, Bit Grinder, Signal Man (top to bottom), Concrete Men, Shield driven tunnels, mixed face and soft ground, liner plate tunnels in free air.
GROUP C: Blaster
GROUP D: Hazardous Waste Work. Work site required to be designated by State/Federal as hazardous waste site and relevant regulations require employees to use personal protection.
Per hour: 07/01/2020 07/01/2021 Additional GROUP A $ 30.93 $ 1.60 GROUP B 31.13 1.60 GROUP C 32.13 1.60 GROUP D 35.13 1.60
NOTE: A single irregular work shift shall be paid an additional $2.50 per hour.
IMPORTANT NOTE: Wage and supplement rates for the operation of forklift and skid steer may be found under the classification "Operating Engineer". SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 24.60 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: If a holiday falls on Saturday, it will be celebrated on Friday. If a holiday falls on Sunday, it will be celebrated on Monday. In the event that men work on this Sunday holiday, they shall be paid double time. In the event that men work on Monday, they shall be compensated at double time plus the holiday pay. Accordingly, the Monday following the Sunday is treated as the holiday. REGISTERED APPRENTICES WAGES: 1000 hour terms at the following percentage of GROUP B wage:
1st 2nd 3rd 4th 60% 70% 80% 90%
SUPPLEMENTAL BENEFITS per hour:
All Terms: Same as Journeyman 7-633T (Cay)
Lineman Electrician 08/01/2020
JOB DESCRIPTION Lineman Electrician DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates WAGES Per hour: Page264 32 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
NOTE: Includes Teledata Work within ten (10) feet of High Voltage Transmission Lines
Below rates applicable on all overhead and underground distribution and maintenance work, and all overhead and underground transmission line work and the installation of fiber optic cable where no other construction trades are or have been involved. (Ref #14.01.01)
07/01/2020
Lineman, Technician $ 53.50 Crane, Crawler Backhoe 53.50 Welder, Cable Splicer 53.50 Digging Mach. Operator 48.15 Tractor Trailer Driver 45.48 Groundman, Truck Driver 42.80 Equipment Mechanic 42.80 Flagman 32.10
Additional $1.00 per hour for entire crew when a helicopter is used.
Below rates applicable on all electrical sub-stations, switching structures, fiber optic cable and all other work not defined as "Utility outside electrical work". (Ref #14.02.01-A)
Lineman, Technician $ 53.50 Crane, Crawler Backhoe 53.50 Cable Splicer 58.85 Certified Welder - Pipe Type Cable 56.18 Digging Mach. Operator 48.15 Tractor Trailer Driver 45.48 Groundman, Truck Driver 42.80 Equipment Mechanic 42.80 Flagman 32.10
Additional $1.00 per hour for entire crew when a helicopter is used.
Below rates apply on switching structures, maintenance projects, railroad catenary install/maintenance third rail installation, bonding of rails and pipe type cable and installation of fiber optic cable. (Ref #14.02.01-B)
Lineman, Tech, Welder $ 54.82 Crane, Crawler Backhoe 54.82 Cable Splicer 60.30 Certified Welder - Pipe Type Cable 57.56 Digging Mach. Operator 49.34 Tractor Trailer Driver 46.60 Groundman, Truck Driver 43.86 Equipment Mechanic 43.86 Flagman 32.89
Additional $1.00 per hour for entire crew when a helicopter is used.
Below rates applicable on all overhead and underground transmission line work & fiber optic cable where other construction trades are or have been involved. This applies to transmission line work only, not other construction. (Ref #14.03.01)
Lineman, Tech, Welder $ 56.01 Crane, Crawler Backhoe 56.01 Cable Splicer 56.01 Digging Mach. Operator 50.41 Tractor Trailer Driver 47.61 Groundman, Truck Driver 44.81 Equipment Mechanic 44.81 Flagman 33.61
Additional $1.00 per hour for entire crew when a helicopter is used.
NOTE: THE FOLLOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED MULTIPLE SHIFTS OF AT LEAST FIVE (5) DAYS DURATION WORKED BETWEEN THE HOURS LISTED BELOW:
Page265 33 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
1ST SHIFT 8:00 AM to 4:30 PM REGULAR RATE 2ND SHIFT 4:30 PM to 1:00 AM REGULAR RATE PLUS 17.3 % 3RD SHIFT 12:30 AM to 9:00 AM REGULAR RATE PLUS 31.4 %
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day. Tuesday thru Friday may be worked with no make-up day. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour worked (also required on non-worked holidays):
The following SUPPLEMENTAL BENEFITS apply to all classification categories of CONSTRUCTION, TRANSMISSION and DISTRIBUTION.
Journeyman $ 24.90 *plus 6.75% of hourly wage
*The 6.75% is based on the hourly wage paid, straight time rate or premium rate.
OVERTIME PAY See (B, E, Q,) on OVERTIME PAGE. *Note* Double time for all emergency work designated by the Dept. of Jurisdiction. NOTE: WAGE CAP - Double the straight time hourly base wage shall be the maximum hourly wage compensation for any hour worked. Contractor is still responsible to pay the hourly benefit amount for each hour worked.
HOLIDAY Paid See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Governor of NYS Election Day. Overtime See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Governor of NYS Election Day.
NOTE: All paid holidays falling on Saturday shall be observed on the preceding Friday. All paid holidays falling on Sunday shall be observed on the following Monday. Supplements for holidays paid at straight time. REGISTERED APPRENTICES WAGES per hour: 1000 hour terms at the following percentage of the applicable Journeyman Lineman wage.
1st 2nd 3rd 4th 5th 6th 7th 60% 65% 70% 75% 80% 85% 90%
SUPPLEMENTAL BENEFITS per hour: Same as Journeyman
6-1249a
Lineman Electrician - Teledata 08/01/2020
JOB DESCRIPTION Lineman Electrician - Teledata DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per hour:
For outside work, stopping at first point of attachment (demarcation). 07/01/2020 01/01/2021
Cable Splicer $ 33.77 $ 34.78 Installer, Repairman $ 32.05 $ 33.01 Teledata Lineman $ 32.05 $ 33.01 Tech., Equip. Operator $ 32.05 $ 33.01 Groundman $ 16.99 $ 17.50
NOTE: EXCLUDES Teledata work within ten (10) feet of High Voltage (600 volts and over) transmission lines. For this work please see LINEMAN.
Page266 34 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County NOTE: THE FOLLOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED MULTIPLE SHIFTS OF AT LEAST FIVE (5) DAYS DURATION WORKED:
1ST SHIFT REGULAR RATE 2ND SHIFT REGULAR RATE PLUS 10% 3RD SHIFT REGULAR RATE PLUS 15% SUPPLEMENTAL BENEFITS Per hour: Journeyman $ 5.06 $ 5.06 *plus 3% of *plus 3% of wage paid wage paid
*The 3% is based on the hourly wage paid, straight time rate or premium rate.
OVERTIME PAY See (B, E, Q) on OVERTIME PAGE NOTE: WAGE CAP - Double the straight time hourly base wage shall be the maximum hourly wage compensation for any hour worked. Contractor is still responsible to pay the hourly benefit amount for each hour worked. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16) on HOLIDAY PAGE 6-1249LT - Teledata
Lineman Electrician - Traffic Signal, Lighting 08/01/2020
JOB DESCRIPTION Lineman Electrician - Traffic Signal, Lighting DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming, Yates WAGES Lineman/Technician shall perform all overhead aerial work. A Lineman/Technician on the ground will install all electrical panels, connect all grounds, install and connect all electrical conductors which includes, but is not limited to road loop wires; conduit and plastic or other type pipes that carry conductors, flex cables and connectors, and to oversee the encasement or burial of such conduits or pipes.
A Groundman/Groundman Truck Driver shall: Build and set concrete forms, handle steel mesh, set footer cages, transport concrete in a wheelbarrow, hand or machine concrete vibrator, finish concrete footers, mix mortar, grout pole bases, cover and maintain footers while curing in cold weather, operate jack hammer, operate hand pavement breaker, tamper, concrete and other motorized saws, as a drill helper, operate and maintain generators, water pumps, chainsaws, sand blasting, operate mulching and seeding machine, air tools, electric tools, gas tools, load and unload materials, hand shovel and/or broom, prepare and pour mastic and other fillers, assist digger operator equipment operator in ground excavation and restoration, landscape work and painting. Only when assisting a lineman technician, a groundman/groundman truck driver may assist in installing conduit, pipe, cables and equipment.
A flagger's duties shall consist of traffic control only. (Ref #14.01.01)
Per hour: 07/01/2020
Lineman, Technician $ 46.20 Crane, Crawler Backhoe 46.20 Certified Welder 48.51 Digging Machine 41.58 Tractor Trailer Driver 39.27 Groundman, Truck Driver 36.96 Equipment Mechanic 36.96 Flagman 27.72
Above rates are applicable for installation, testing, operation, maintenance and repair on all Traffic Control (Signal) and Illumination (Lighting) projects, Traffic Monitoring Systems, and Road Weather Information Systems. Includes digging of holes for poles, anchors, footer foundations for electrical equipment; assembly of all electrical materials or raceway; placing of fish wire; pulling of cables, wires or fiber optic cable through such raceways; splicing of conductors; dismantling of such structures, lines or equipment.
NOTE: THE FOLLOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED MULTIPLE SHIFTS OF AT LEAST FIVE (5) DAYS DURATION WORKED BETWEEN THE HOURS LISTED BELOW:
1ST SHIFT 8:00 AM TO 4:30 PM REGULAR RATE Page267 35 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County 2ND SHIFT 4:30 PM TO 1:00 AM REGULAR RATE PLUS 17.3% 3RD SHIFT 12:30 AM TO 9:00 AM REGULAR RATE PLUS 31.4%
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day. Tuesday thru Friday may be worked with no make-up day. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour worked (but also required on non-worked holidays):
Journeyman $ 24.90 *plus 6.75% of hourly wage
*The 6.75% is based on the hourly wage paid, straight time rate or premium rate. Supplements paid at STRAIGHT TIME rate for holidays. OVERTIME PAY See (B, E, Q) on OVERTIME PAGE. *Note* Double time for all emergency work designated by the Dept. of Jurisdiction. NOTE: WAGE CAP - Double the straight time hourly base wage shall be the maximum hourly wage compensation for any hour worked. Contractor is still responsible to pay the hourly benefit amount for each hour worked. HOLIDAY Paid: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Governor of NYS Election Day. Overtime: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Governor of NYS Election Day.
NOTE: All paid holidays falling on Saturday shall be observed on the preceding Friday. All paid holidays falling on Sunday shall be observed on the following Monday. Supplements for holidays paid at straight time. REGISTERED APPRENTICES WAGES per hour: 1000 hour terms.
07/01/2020 1st term $ 27.72 2nd term 30.03 3rd term 32.34 4th term 34.65 5th term 36.96 6th term 39.27 7th term 41.58
SUPPLEMENTAL BENEFITS per hour: Same as Journeyman 6-1249a-LT
Lineman Electrician - Tree Trimmer 08/01/2020
JOB DESCRIPTION Lineman Electrician - Tree Trimmer DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates WAGES Applies to line clearance, tree work and right-of-way preparation on all new or existing energized overhead or underground electrical, telephone and CATV lines. This also would include stump removal near underground energized electrical lines, including telephone and CATV lines.
Per hour: 07/01/2020 01/03/21 01/02/22 01/01/23
Tree Trimmer $ 26.56 $ 27.36 $ 28.25 $ 29.59 Equipment Operator 23.49 24.19 24.98 26.17 Equipment Mechanic 23.49 24.19 24.98 26.17 Truck Driver 19.56 20.15 20.80 21.79 Groundman 16.11 16.59 17.13 17.94 Flag person 11.61 11.96 12.35 12.94 SUPPLEMENTAL BENEFITS Per hour worked (but also required on non-worked holidays):
Page268 36 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
Journeyman $ 9.98 $ 9.98 $ 10.23 $ 10.48 *plus 3% of *plus 3% of *plus 3% of *plus 3% of hourly wage hourly wage hourly wage hourly wage
* The 3% is based on the hourly wage paid, straight time rate or premium rate. OVERTIME PAY See (B, E, Q) on OVERTIME PAGE NOTE: WAGE CAP - Double the straight time hourly base wage shall be the maximum hourly wage compensation for any hour worked. Contractor is still responsible to pay the hourly benefit amount for each hour worked. HOLIDAY Paid: See (5, 6, 8, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 15, 16, 25) on HOLIDAY PAGE NOTE: All paid holidays falling on a Saturday shall be observed on the preceding Friday. All paid holidays falling on a Sunday shall be observed on the following Monday. 6-1249TT
Mason - Building 08/01/2020
JOB DESCRIPTION Mason - Building DISTRICT 12 ENTIRE COUNTIES Cayuga, Onondaga, Oswego PARTIAL COUNTIES Madison: The townships of Sullivan and Cazenovia ONLY WAGES Per hour 07/01/2020
Tile/Terrazzo/Marble Setter $ 32.22 Finisher 25.92
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day.
NOTE - In order to use the '4 Day/10 Hour Work Schedule,' as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour worked
Journeyman Setter $ 19.64 Journeyman Finisher 18.69 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour Hour terms at the following percentage of journeyman's wage Setter: 1st term 500 hours 60% 2nd term 1000 hours 70% 3rd term 1000 hours 80% 4th term 1000 hours 85% 5th term 1000 hours 90% 6th term 1500 hours 95%
Finisher: 1st term 500 hours 70% 2nd term 1000 hours 80% 3rd term 1000 hours 90% 4th term 1200 hours 95%
Supplemental Benefits per hour worked
Page269 37 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
Setter: 1st & 2nd Term $ 13.51 3rd & 4th Term 16.58 5th Term 18.10 6th Term 19.64
Finisher: 1st & 2nd Term $ 12.71 All others 15.70 12-2TS.3
Mason - Building 08/01/2020
JOB DESCRIPTION Mason - Building DISTRICT 12 ENTIRE COUNTIES Cayuga, Onondaga PARTIAL COUNTIES Madison: The townships of Sullivan and Cazenovia ONLY WAGES Per hour 07/01/2020
Bricklayer/Blocker $ 35.15 Fireproofing* 35.15 Stone Mason 35.15 Pointer/Caulker/Cleaner 35.15 Cement Mason/Plaster** 35.15
Additional $.25 per hr. for work in restricted radiation area of atomic plant. Additional $5.00 per day more for employees working on a two-point suspension scaffold (Pointer, Caulker, and Cleaner are excluded).
(*)Fireproofer on Structural only. (**)Refer to Onondaga Mason Building wage sheet 1-2b-on for Cement/Plaster work in Onondaga County
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day.
NOTE - In order to use the '4 Day/10 Hour Work Schedule,' as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour worked
Journeyman $ 21.53 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour
750 hour terms at the following percentage of journeyman's wage
1st 2nd 3rd 4th 5th 6th 7th 8th 55% 60% 65% 70% 75% 80% 85% 90%
Supplemental Benefits per hour worked
All terms $ 21.53 12-2b.3
Mason - Heavy&Highway 08/01/2020
JOB DESCRIPTION Mason - Heavy&Highway DISTRICT 12 ENTIRE COUNTIES
Page270 38 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County Albany, Cayuga, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Oswego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Warren, Washington PARTIAL COUNTIES Onondaga: For Heavy & Highway Cement Mason or Plaster Work in Onondaga County, refer to Mason-Heavy&Highway tag 1-2h/h on. WAGES Per hour 07/01/2020 Mason & Bricklayer $38.95
Additional $1.00 per hour for work on any swing scaffold or staging suspended by means of ropes or cables.
SUPPLEMENTAL BENEFITS Per hour worked
Journeyman $ 20.79 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE Note: If a holiday falls on Sunday, the Monday following shall constitute the day of the legal holiday. REGISTERED APPRENTICES Wages per hour
750 HR TERMS at the following percent of Journeyman's wage
1st 2nd 3rd 4th 5th 6th 7th 8th 55% 60% 65% 70% 75% 80% 85% 90%
Supplemental Benefits per hour worked
$ 20.79 12-2hh.1
Millwright 08/01/2020
JOB DESCRIPTION Millwright DISTRICT 7 ENTIRE COUNTIES Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Herkimer, Madison, Seneca, Tioga, Yates WAGES Per hour: 07/01/2020
Building $ 29.03 Heavy & Highway* 31.03
*Effective 5/1/2019, all Heavy and Highway Millwright construction will be paid at the rate indicated above.
NOTE: ADDITIONAL PREMIUMS PAID FOR THE FOLLOWING WORK LISTED BELOW (amount subject to any overtime premiums): - Certified Welders shall receive an additional $1.75 per hour provided he/she is directed to perform certified welding. - On Building projects, If a work site has been declared a hazardous site by the Owner and the use of protective gear (including, as a minimum, air purifying canister-type chemical respirators) are required, then that employee shall receive an additional $1.50 per hour. - H/H work performed on hazardous waste sites where employees are required to wear protective gear shall receive an additional $2.00 per hour over the Millwright H/H rate for all hours worked on the day protective gear was worn. - An employee performing the work of a machinist shall receive an additional $2.00 per hour. For the purposes of this premium to apply, a "machinist" is a person who uses a lathe, Bridgeport, milling machine or similar type of tool to make or modify parts. - When performing work underground at 500 feet and below, the employee shall receive an additional $1.00 per hour. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 22.80 OVERTIME PAY See (B, E, *E2, Q) on OVERTIME PAGE
Page271 39 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County *Note - Saturday may be used as a make-up day and worked at the straight time rate of pay during a work week when conditions such as weather, power failure, fire, or natural disaster prevent the performance of work on a regular scheduled work day. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: Any holiday that falls on Sunday shall be observed the following Monday. Any holiday that falls on a Saturday shall be observed the preceding Friday. REGISTERED APPRENTICES WAGES per hour: One year terms at the following percentage of Journeyman's wage:
Appr. 1st year 60 %* Appr. 2nd year 70 %* Appr. 3rd year 80 %* Appr. 4th year 90 %*
*NOTE: Additional premium for the following work listed below:
Certified Welder $ 1.75 Hazardous Waste Work (Bldg) 1.50 Hazardous Waste Work (H/H) 2.00 Machinist 2.00 Underground 1.00 (500' and below)
SUPPLEMENTAL BENEFITS per hour:
Appr. 1st year $ 10.90 Appr. 2nd year 19.23 Appr. 3rd year 20.42 Appr. 4th year 21.61 7-1163 Zone 2
Operating Engineer - Building 08/01/2020
JOB DESCRIPTION Operating Engineer - Building DISTRICT 6 ENTIRE COUNTIES Cayuga, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Seneca, St. Lawrence, Tompkins WAGES NOTE: ---If a prime contract is let for site work only, meaning no buildings are involved in their site contract, the Heavy/Highway rates would be applicable. When a prime contract is let for site work and building excavation is part of that contract, the Building rates would be applicable for the Operators classification. ---In the event that equipment listed below is operated by robotic control, the classification covering the operation will be the same as if manually operated. ---If a second employee is required by the employer for operation of any covered machine, they shall be an Engineer Class C.
CLASSIFICATION A1: Cranes, all types* (Includes Boom Truck, Cherry Picker, Dragline, Overhead Crane, Pile Driver, Truck Crane)
CLASSIFICATION A: Air Plako, Asphalt & Blacktop Roller, Automated Concrete Spreader (CMI or equivalent), Automated Fine Grade Machine (CMI), Backhoe, Barrel Shredder, Belt Placer, Blacktop Spreader (such as Barber-Greene & Blaw Knox), Blacktop Plant (automated), Blast or Rotary Drill (Truck or Cat mounted), Burning Plant Operator, Cableway, Caisson Auger, Central Mix Plant (automated), Concrete Pump, Crusher (Rock), Derrick, De-watering Press, Diesel Power Unit, Dirt Filter Press with Operation Equipment, Dredge, Dual Drum Paver, Elevating Grader (self-propelled or towed), Elevator Hoist - Two Cage, Excavator - all purpose hydraulically operated, Fork Lift (Loed/Lull and other rough terrain type), Front End Loader (4 c.y. and over), Gradall, Grader (Power), Head Tower (Saurman or equal), Hoist (2 or 3 Drum), Hydroblaster (Laser Pump), Light Plants - Compressors and Generators, Locomotive, Maintenance Engineer, Maintenance Welder, Mine Hoist, Mucking Machine or Mole, Quarry Master or Equivalent, Refrigeration Equipment (for soil stabilization), Scraper, Sea Mule, Shovel, Side Boom, Slip Form Paver, Straddle Buggy (Ross Carrier, Lumber Carrier), Tractor Drawn Belt Type Loader (Euclid Loader), Trenching Machine (digging capacity of over 4ft. depth), Truck or Trailer Mounted Log Chipper (self-feeder), Tug Operator (Manned, rented equipment excluded), Tunnel Shovel, Vibro or Sonic Hammer Controls (when not mounted in proximity to Rig Operator), Work Boat Operator including LCM's.
Page272 40 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County CLASSIFICATION B: "A" Frame Truck, Back Dumps, Blacktop Plant (non-automatic), Boring Machine, Bulldozer, Cage-Hoist, Central Mix Plant (non-automated), Compressor, Pump, Generator or Welding machine (when used in battery of not more than five (5)), Concrete Paver (single drum over 16'), Core boring machine, Drill Rigs - tractor mounted, Elevator - as material hoist, Farm Tractor (with or without accessories), Fork Lift (over 10 ton with or without attachments), Front End Loader (under 4 c.y.), Grout Pump, Gunite Machine, High Pressure Boiler (15 lbs. & over), Hoist (one drum), Hydraulic Breaking Hammer (Drop Hammer), Kolman Plant Loader (screening gravel), Maintenance Grease Man, Mixer for stabilized base - self-propelled (Seaman Mixer), Monorail Machine, Parapet Concrete or Pavement Grinder, Parts Man, Post Driver (truck or tractor mounted), Post Hole Digger (truck or tractor mounted), Power Sweeper (Wayne or similar), Pump-Crete or Squeeze-Crete, Road Widener (front end of Grader or self-propelled), Roller, Self-contained hydraulic bench drill, Shell Winder (motorized), Skid steer (Bobcat type loader), Snorkel (overhead arms), Snowblower control man, Tractor (with or without accessories), Trenching Machine (digging capacity of 4 ft. or less), Tugger Hoist, Vacuum Machine (self-propelled or mounted), Vibro Tamp, Well Drill / Well Point System (Submersible pumps when used in lieu of Well Point System), Winch (Motor driven), Winch Cat, Winch Truck
CLASSIFICATION C: Compressor (up to 500 cfm), Concrete Paver or Mixer (under 16'), Concrete Pavement Spreaders & Finishers (not automated), Conveyor (over 12 ft), Electric Submersible Pump (4" and over), Fine Grade Machine (not automated), Fireman, Fork Lift ("with or without" attachments, 10 ton and under), Form Tamper, Generator (2,500 watts and over), Hydraulic Pump, Mechanical Heaters (More than two (2) Mechanical Heaters or any Mechanical Heater or Heaters whose combined output exceeds 640,000 BTU per hour (manufacturer's rating) plus one self-contained heating unit - i.e. Sundog or Air Heat type - New Holland Hay Dryer type excluded), Mulching Machine, Oiler, Power Driven Welding Machine (300 amp and over, other than all electric. One Welding Machine under 300 amp will not require an engineer unless in a battery), Power Heaterman (hay dryer), Pumps (water and trash), Revinus Widener (road widener), Single Light Plant, Steam Cleaner or Jenny.
Per hour: Building 07/01/2020 07/01/2021 07/01/2022
Master Mechanic $ 41.55 $ 42.46 $ 43.42 Asst. Master Mechanic 40.55 41.46 42.42 Class A1* 41.05 41.96 42.92 Class A1-Tower Crane* 43.55 44.46 45.42 Class A 39.55 40.46 41.42 Class B 37.43 38.34 39.30 Class C 33.21 34.12 35.08
Additional $2.50 per hour if work requires Personal Protective Equipment for hazardous waste site activities with a level C or over rating.
(*) TONNAGE PREMIUMS: All cranes 65 ton to 199 ton capacity - A1 rate plus $ 1.50 All cranes 200 ton to 399 ton capacity - A1 rate plus $ 2.50 All cranes 400 ton capacity and over - A1 rate plus $ 3.50 SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 26.89 $ 27.99 $ 29.09 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: If the holiday falls on Sunday, it will be celebrated on Monday. REGISTERED APPRENTICES WAGES per hour: One year terms at the following percentage of Journeyman's CLASS A wage:
1st year 60% 2nd year 65% 3rd year 70% 4th year 80%
Additional $2.50 per hour if work requires Personal Protective Equipment for hazardous waste site activities with a level C or over rating.
SUPPLEMENTAL BENEFITS per hour: Same as Journeyman 6-158-545b.s
Operating Engineer - Heavy&Highway 08/01/2020
JOB DESCRIPTION Operating Engineer - Heavy&Highway DISTRICT 6 ENTIRE COUNTIES Cayuga, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Seneca, St. Lawrence, Tompkins WAGES Page273 41 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County NOTE: ---In the event that equipment listed below is operated by robotic control, the classification covering the operation will be the same as if manually operated. ---If a second employee is required by the employer for operation of any covered machine, they shall be an Engineer Class C
CLASS A: Asphalt Curb Machine (self-propelled, slipform); Asphalt Paver; Automated Concrete Spreader (CMI type); Automatic Fine Grader; Backhoe (except tractor mounted, rubber tired); Backhoe Excavator, Full Swing (CAT 212 or similar type); Back Filling Machine; Belt Placer (CMI type); Blacktop Plant (automated); Boom Truck; Cableway; Bull Dozer being operated with active GPS; Caisson Auger; Central Mix Concrete Plant (automated); Cherry Picker*; Concrete Curb Machine (self-propelled, slipform); Concrete Pump; Crane*; Derricks*; Directional Boring/Drilling Machine; Dragline*; Dredge; Dual Drum Paver; Excavator (all purpose-hydraulic, Gradall or similar); Front End Loader (4 cu. yd. & over); Head Tower (Sauerman or equal); Hoist (two or three drum); Holland Loader; Maintenance Engineer; Mine Hoist; Mucking Machine or Mole; Overhead Crane* (gantry or straddle type); Pavement Breaker (SP Wertgen; PB-4 and similar type); Profiler (over 105 h.p.); Pile Driver*; Power Grader; Quad 9; Quarry Master (or equivalent); Scraper; Shovel; Side Boom; Slip Form Paver; Tractor Drawn Belt-Type Loader; Truck Crane*; Truck or Trailer Mounted Chipper (self-feeder); Tug Operator (manned rented equipment excluded); Tunnel Shovel
CLASS B: Backhoe (tractor mounted, rubber tired); Bituminous Recycler Machine; Bituminous Spreader and Mixer; Blacktop Plant (non- automated); Blast or Rotary Drill (truck or tractor mounted); Boring Machine; Bridge Deck Finishing Machine; Brokk; Cage Hoist; Central Mix Plant (non-automated) and All Concrete Batching Plants; Concrete Paver (over 16'); Crawler Drill (self-contained); Crusher; Diesel Power Unit; Drill Rigs (truck or tractor mounted); Front End Loader (under 4 cu. yd.); Greaseman - Lubrication Engineer; HiPressure Boiler (15 lbs & over); Hoist (one drum); Hydro-Axe; Kolman Plant Loader & similar type loaders; Locomotive; Material Handling Knuckle Boom; Mini Excavators (under 18,000 lbs.); Mixer (for stabilized base, self-propelled); Monorail Machine; Profiler (105 h.p. and under); Plant Engineer; Prentice Loader; Pug Mill; Pump Crete; Ready Mix Concrete Plant; Refrigeration Equipment (for soil stabilization); Road Widener; Roller (all above subgrade); Sea Mule; Self-contained ride-on Rock Drill (excluding Air-Track type drill); Skidder; Tractor with Dozer and/or Pusher; Trencher; Tugger Hoist; Vacuum Machine (mounted or towed); Vermeer Saws (ride-on, any size or type); Welder; Winch and Winch Cat; Work Boat Operator including L.C.M.'s
CLASS C: "A" Frame Winch Hoist (On Truck); Aggregate Plant; Articulated Heavy Hauler; Asphalt or Concrete Grooving Machine (ride-on); Ballast Regulator (ride-on); Bituminous Heater (self-propelled); Boat (powered); Boiler (used in conjunction with production); Cement & Bin Operator; Compressors**; Concrete Pavement Spreader and Finisher; Concrete Paver or Mixer (16' & under); Concrete Saw (self-propelled); Conveyor; Deck Hand; Directional Boring/Drilling Machine Locator; Drill (Core); Drill (Well); Dust Collectors**; Electric Pump When Used in Conjunction with Well Point System; Farm Tractor with accessories; Fine Grade Machine; Fireman; Fork Lift; Form Tamper; Generators**; Grout Pump; Gunite Machine; Hammers (hydraulic self-propelled); Heaters**; Hydra-Spiker (ride-on); Hydraulic Pump (jacking system); Hydro-Blaster (water); Light Plants**; Mulching Machine; Oiler; Parapet Concrete or Pavement Grinder; Post Hole Digger (excluding hand- held); Post Driver; Power Broom (towed); Power Heaterman; Power Sweeper; Pumps**; Revinius Widener; Roller (subgrade & fill); Scarifier (ride-on); Shell Winder; Skid Steer Loader (Bobcat or similar); Span Saw (ride-on); Steam Cleaner; Tamper (ride-on); Tie Extractor (ride-on); Tie Handlers (ride-on); Tie Inserters (ride-on); Tie Spacers (ride-on); Tire Repair; Track Liner (ride-on); Tractor; Tractor (with towed accessories); Vacuum Machine (self-propelled); Vibratory Compactor; Vibro Tamp; Welding Machines**; Well Point
**CLASS C NOTE: Considered Hands-Off (unmanned). Includes only operation and maintenance of the equipment.
Per hour: H/H 07/01/2020 07/01/2021 07/01/2022
Master Mechanic $ 46.35 $ 47.90 $ 49.50 CLASS A* 45.00 46.55 48.15 CLASS B 44.12 45.67 47.27 CLASS C 40.84 42.39 43.99
(*) Premiums for CRANES are based upon Class A rates with the following premiums: ---Additional $4.00 per hr for Tower Cranes, including self erecting. ---Additional $3.00 per hr for Lattice Boom Cranes and all other cranes with a manufacturer's rating of fifty tons and over. ---Additional $2.00 per hr for all Hydraulic Cranes and Derricks with a manufacturer's rating of 49 ton and below, including boom trucks.
Additional $2.50 per hour for hazardous waste removal work on a State and/or Federally designated waste site which requires employees to wear Level C or above forms of personal protection.
SINGLE IRREGULAR WORK SHIFT: Additional $2.50 per hour for all employees who work a single irregular work shift starting from 5:00 PM to 1:00 AM that is mandated by the Contracting Agency.
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day. NOTE - In order to use the '4 Day/10 Hour Work Schedule,' as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour: 07/01/2020 07/01/2021 07/01/2022
Journeyman $ 28.30 $ 29.45 $ 30.60 Page274 42 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: If a holiday falls on Sunday, it will be celebrated on Monday. If an employee works on this Monday, they shall be compensated at double time plus the holiday pay (triple time). If a holiday falls on a Saturday, employees who work a Saturday Holiday shall be paid double time plus the holiday pay. REGISTERED APPRENTICES WAGES per hour: (1000) hour terms at the following percentage of Journeyman's CLASS B wage.
1st term 60% 2nd term 70% 3rd term 80% 4th Term 90%
Additional $2.50 per hour for hazardous waste removal work on a State and/or Federally designated waste site which requires employees to wear Level C or above forms of personal protection.
SUPPLEMENTAL BENEFITS per hour: Same as Journeyman 6-158-545h
Operating Engineer - Marine Dredging 08/01/2020
JOB DESCRIPTION Operating Engineer - Marine Dredging DISTRICT 4 ENTIRE COUNTIES Albany, Bronx, Cayuga, Chautauqua, Clinton, Columbia, Dutchess, Erie, Essex, Franklin, Greene, Jefferson, Kings, Monroe, Nassau, New York, Niagara, Orange, Orleans, Oswego, Putnam, Queens, Rensselaer, Richmond, Rockland, St. Lawrence, Suffolk, Ulster, Washington, Wayne, Westchester WAGES These wages do not apply to Operating Engineers on land based construction projects. For those projects, please see the Operating Engineer Heavy/Highway Rates. The wage rates below for all equipment and operators are only for marine dredging work in navigable waters found in the counties listed above.
Per Hour: 07/01/2020 10/01/2020
CLASS A1 $ 40.31 $ 41.42 Deck Captain, Leverman Mechanical Dredge Operator Licensed Tug Operator 1000HP or more.
CLASS A2 35.92 36.91 Crane Operator (360 swing)
CLASS B To conform to Operating Engineer Dozer,Front Loader Prevailing Wage in locality where work Operator on Land is being performed including benefits.
CLASS B1 34.86 35.82 Derrick Operator (180 swing) Spider/Spill Barge Operator Operator II, Fill Placer, Engineer, Chief Mate, Electrician, Chief Welder, Maintenance Engineer Licensed Boat, Crew Boat Operator
CLASS B2 32.82 33.72 Certified Welder
CLASS C1 31.92 32.80 Drag Barge Operator, Steward, Mate, Assistant Fill Placer
CLASS C2 30.89 31.74 Boat Operator
Page275 43 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County CLASS D 25.66 26.37 Shoreman, Deckhand, Oiler, Rodman, Scowman, Cook, Messman, Porter/Janitor
SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES
07/01/2020 10/01/2020 All Classes A & B $11.58 plus 7.5% $11.98 plus 8% of straight time of straight time wage, Overtime hours wage, Overtime hours add $ 0.63 add $ 0.63
All Class C $11.28 plus 7.5% 11.68 plus 8% of straight time of straight time wage, Overtime hours wage, Overtime hours add $ 0.48 add $ 0.48
All Class D $10.98 plus 7.5% 11.38 plus 8% of straight time of straight time wage, Overtime hours wage, Overtime hours add $ 0.33 add $ 0.33 OVERTIME PAY See (B2, F, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 15, 26) on HOLIDAY PAGE 4-25a-MarDredge
Operating Engineer - Survey Crew 08/01/2020
JOB DESCRIPTION Operating Engineer - Survey Crew DISTRICT 12 ENTIRE COUNTIES Albany, Allegany, Broome, Cayuga, Chemung, Chenango, Clinton, Columbia, Cortland, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Yates PARTIAL COUNTIES Dutchess: The northern portion of the county from the northern boundary line of the City of Poughkeepsie, north. Genesee: Only the portion of the county that lies east of a line down the center of Route 98 to include all area that lies within the City of Batavia. WAGES These rates apply to Building, Tunnel and Heavy Highway.
Per hour: SURVEY CLASSIFICATIONS:
Party Chief - One who directs a survey party. Instrument Person - One who operates the surveying instruments. Rod Person - One who holds the rods and assists the Instrument Person.
07/01/2020
Party Chief $ 44.39 Instrument Person 40.78 Rod Person 30.22
Additional $3.00/hr. for Tunnel Work Additional $2.50/hr. for Hazardous Work Site SUPPLEMENTAL BENEFITS Per hour worked:
Journeyman $ 26.30 OVERTIME PAY Page276 44 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County See (B, E, P, T) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES: 1000 hour terms based on the Percentage of Rod Persons Wage:
07/01/2020
0-1000 60% 1001-2000 70% 2001-3000 80%
SUPPLEMENTAL BENEFIT per hour worked:
0-1000 $ 18.08 1001-2000 21.10 2001-3000 24.13 12-158-545 D.H.H.
Operating Engineer - Survey Crew - Consulting Engineer 08/01/2020
JOB DESCRIPTION Operating Engineer - Survey Crew - Consulting Engineer DISTRICT 12 ENTIRE COUNTIES Albany, Allegany, Broome, Cayuga, Chemung, Chenango, Clinton, Columbia, Cortland, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Yates PARTIAL COUNTIES Dutchess: The northern portion of the county from the northern boundary line of the City of Poughkeepsie, north. Genesee: Only the portion of the county that lies east of a line down the center of Route 98 to include all area that lies within the City of Batavia. WAGES These rates apply to feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer Agreement.
Per hour: SURVEY CLASSIFICATIONS:
Party Chief - One who directs a survey party. Instrument Person - One who operates the surveying instruments. Rod Person - One who holds the rods and assists the Instrument Person.
07/01/2020
Party Chief $ 44.39 Instrument Person 40.78 Rod Person 30.22
Additional $3.00/hr. for Tunnel Work. Additional $2.50/hr. for EPA or DEC certified toxic or hazardous waste work. SUPPLEMENTAL BENEFITS Per hour worked:
Journeyman $ 26.30 OVERTIME PAY See (B, E, P, T) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES: 1000 hour terms based on percentage of Rod Persons Wage:
07/01/2020
0-1000 60% 1001-2000 70% Page277 45 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County 2001-3000 80%
SUPPLEMENTAL BENEFIT per hour worked:
0-1000 $ 18.08 1001-2000 $ 21.10 2001-3000 $ 24.13 12-158-545 DCE
Operating Engineer - Tunnel 08/01/2020
JOB DESCRIPTION Operating Engineer - Tunnel DISTRICT 7 ENTIRE COUNTIES Albany, Allegany, Broome, Cayuga, Chemung, Chenango, Clinton, Columbia, Cortland, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Oneida, Onondaga, Ontario, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Yates PARTIAL COUNTIES Dutchess: Northern part of Dutchess, to the northern boundary line of the City of Poughkeepie, then due east to Route 115 to Bedell Road, then east along Bedell Road to VanWagner Road, then north along VanWagner Road to Bower Road, then east along Bower Road to Rte. 44 east to Rte. 343, then along Rte. 343 east to the northern boundary of the Town of Dover Plains and east along the northern boundary of the Town of Dover Plains, to the borderline of the State of Connecticut. Genesee: Only that portion of the county that lies east of a line drawn down the center of Route 98 and the entirety of the City of Batavia. WAGES CLASS A: Automatic Concrete Spreader (CMI Type); Automatic Fine Grader; Backhoe (except tractor mounted,rubber tired); Belt Placer (CMI Type); Blacktop Plant (automated); Cableway; Caisson Auger; Central Mix Concrete Plant (automated); Concrete Curb Machine (self- propelled slipform); Concrete Pump (8" or over); Dredge; Dual Drum Paver; Excavator; Front End Loader (4 cu. yd & over); Gradall; Head Tower (Sauerman or Equal); Hoist (shaft); Hoist (two or three Drum); Log Chipper/Loader (self-feeder); Maintenance Engineer (shaft and tunnel); any Mechanical Shaft Drill; Mine Hoist; Mining Machine(Mole and similar types); Mucking Machine or Mole; Overhead Crane (Gantry or Straddle Type); Pile Driver; Power Grader; Remote Controlled Mole or Tunnel Machine; Scraper; Shovel; Side Boom; Slip Form Paver (If a second man is needed, they shall be an Oiler); Tripper/Maintenance Engineer (shaft & tunnel); Tractor Drawn Belt-Type Loader; Tug Operator (manned rented equipment excluded); Tunnel Shovel
CLASS B: Automated Central Mix Concrete Plant; Backhoe (topside); Backhoe (track mounted, rubber tired); Backhoe (topside); Bituminous Spreader and Mixer, Blacktop Plant (non-automated); Blast or Rotary Drill (truck or tractor mounted); Boring Machine; Cage Hoist; Central Mix Plant(non-automated); all Concrete Batching Plants; Compressors (4 or less exceeding 2,000 c.f.m. combined capacity); Concrete Pump; Crusher; Diesel Power Unit; Drill Rigs (tractor mounted); Front End Loader (under 4 cu. yd.); Grayco Epoxy Machine; Hoist (One Drum); Hoist (2 or 3 drum topside); Knuckle Boom material handler; Kolman Plant Loader & similar type Loaders (if employer requires another person to clean the screen or to maintain the equipment, they shall be an Oiler); L.C.M. Work Boat Operator; Locomotive; Maintenance Engineer (topside); Maintenance Grease Man; Mixer (for stabilized base-self propelled); Monorail Machine; Plant Engineer; Personnel Hoist; Pump Crete; Ready Mix Concrete Plant; Refrigeration Equipment (for soil stabilization); Road Widener; Roller (all above sub-grade); Sea Mule; Shotcrete Machine; Shovel (topside); Tractor with Dozer and/or Pusher; Trencher; Tugger Hoist; Tunnel Locomotive; Welder; Winch; Winch Cat
CLASS C: A Frame Truck; All Terrain Telescoping Material Handler; Ballast Regulator (ride-on); Compressors (4 not to exceed 2,000 c.f.m. combined capacity; or 3 or less with more than 1200 c.f.m. but not to exceed 2,000 c.f.m.); Compressors ((any size, but subject to other provisions for compressors), Dust Collectors, Generators, Pumps, Welding Machines, Light Plants (4 or any type combination)); Concrete Pavement Spreaders and Finishers; Conveyor; Drill (core); Drill (well); Electric Pump used in conjunction with Well Point System; Farm Tractor with Accessories; Fine Grade Machine; Fork Lift; Grout Pump (over 5 cu. ft.); Gunite Machine; Hammers (hydraulic-self-propelled); Hydra-Spiker (ride-on); Hydra-Blaster (water); Hydro-Blaster; Motorized Form Carrier; Post Hole Digger and Post Driver; Power Sweeper; Roller grade & fill); Scarifer (ride-on); Span-Saw (ride-on); Submersible Electric Pump (when used in lieu of well points); Tamper (ride-on); Tie-Extractor (ride-on), Tie Handler (ride-on), Tie Inserter (ride-on), Tie Spacer (ride-on); Track Liner (ride-on); Tractor with towed accessories; Vibratory Compactor; Vibro Tamp, Well Point
CLASS D: Aggregate Plant; Cement & Bin Operator; Compressors (3 or less not to exceed 1,200 c.f.m. combined capacity); Compressors ((any size, but subject to other provisions for compressors), Dust Collectors, Generators, Pumps, Welding Machines, Light Plants (3 or less or any type or combination)); Concrete Saw (self-propelled); Form Tamper; Greaseman; Hydraulic Pump (jacking system); Junior Engineer; Light Plants; Mulching Machine; Oiler; Parapet Concrete or Pavement Grinder; Power Broom (towed); Power Heaterman (when used for production); Revinius Widener; Shell Winder; Steam Cleaner; Tractor
Per hour: 07/01/2020 07/01/2021 07/01/2022
Master Mechanic $ 49.45 $ 51.00 $ 52.60 CLASS A 47.04 48.59 50.19 CLASS B 45.82 47.37 48.97 CLASS C 43.03 44.58 46.18 CLASS D 40.02 41.57 43.17
Page278 46 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County Additional $5.00 per hour for Hazardous Waste Work on a state or federally designated hazardous waste site where the Operating Engineer is in direct contact with hazardous material and when personal protective equipment is required for respiratory, skin and eye protection. Fringe benefits will be paid at the hourly wage premium.
CRANES: Crane 1: All cranes, including self-erecting to be paid $4.00 per hour over the Class A rate. Crane 2: All Lattice Boom Cranes and all cranes with a manufacturer''s rating of fifty (50) ton and over to be paid $3.00 per hour over Class A rate. Crane 3: All hydraulic cranes and derricks with a manufacturer''s rating of forty nine (49) ton and below, including boom trucks, to be paid $2.00 per hour over Class A rate.
Crane 1 $ 51.04 $ 52.59 $ 54.19 Crane 2 50.04 51.59 53.19 Crane 3 49.04 50.59 52.19 SUPPLEMENTAL BENEFITS Per hour: $ 21.90 $ 22.80 $ 23.70 + 8.85* + 9.10* + 9.35*
* This portion of benefits subject to same premium rate as shown for overtime wages. OVERTIME PAY See (B, B2, E, Q, X) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE If a holiday falls on Sunday, it shall be observed on Monday. REGISTERED APPRENTICES WAGES:(1000) hours terms at the following percentage of Journeyman's Class B wage.
1st term 60% 2nd term 65% 3rd term 70% 4th term 75%
SUPPLEMENTAL BENEFITS per hour: Same as Journeyman
7-158-832TL.
Painter 08/01/2020
JOB DESCRIPTION Painter DISTRICT 6 ENTIRE COUNTIES Cayuga, Herkimer, Madison, Oneida, Onondaga, Seneca PARTIAL COUNTIES Lewis: Only the Townships of High Market, Lewis, Leyden, Lyonsdale, Osceola, Turin and West Turin. Ontario: The City and Township of Geneva. Oswego: Only the Townships of Amboy, Constantia, Williamstown and Oneida Lake. WAGES Per hour: 07/01/2020 05/01/2021 Additional Basic Rate (Brush & Roll) $ 23.70 $ 0.65 Sign painting, Wallcovering 23.70 Parking Lot, Hwy Striping 23.70 Lead based Paint Abatement 23.70 Drywall Taper/ Finisher 23.70 Drywall Machine Operator 24.20 Spray 24.20 Epoxy (Brush-Roller) 24.20 Epoxy (Spray) 24.20 Sandblasting (Operator) 24.20 Boatswain Chair 24.20 Swing Scaffold 24.20 Structural Steel 24.20 (except bridges,tunnels,tanks) Coal Tar epoxy 25.20 Asbestos Encapsulation 25.90 Page279 47 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
NOTE: FOR ANY SHIFT WHICH STARTS PRIOR TO 6:00 AM OR AFTER 12:00 NOON, ALL EMPLOYEES WHO WORK A SINGLE IRREGULAR WORK SHIFT ON GOVERNMENTAL MANDATED WORK SHALL BE PAID AN ADDITIONAL $2.00 PER HOUR ABOVE THE APPLICABLE WAGE SCALE.
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday. Friday may be used as a make-up day. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 24.50 OVERTIME PAY See (B, *F, R) on OVERTIME PAGE * NOTE - Saturday is payable at straight time if the employee misses work, except where a doctor's or hospital verification of illness is produced Monday through Friday when work was available to the employee. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: A holiday that falls on a Sunday will be celebrated on Monday. A holiday that falls on a Saturday will be celebrated on Friday. REGISTERED APPRENTICES WAGES per hour:
Painter/Decorator: 1500 hour terms at the following percentage of the Journeyman Basic (Brush & Roll) wage rate: 1st 2nd 3rd 4th 60% 70% 80% 90% Drywall Taper/ Finisher: 750 hour terms at the following percentage of the Journeyman Drywall Taper/ Finisher wage rate: 1st 2nd 3rd 4th 5th 6th 60% 60% 70% 70% 75% 85%
SUPPLEMENTAL BENEFITS per hour: Painter/Decorator: 1st 2nd 3rd 4th $ 5.42 $ 5.42 $ 6.74 $ 7.90 Drywall Taper/ Finisher: 1st 2nd 3rd 4th 5th 6th $ 5.42 $ 5.42 $ 5.42 $ 6.74 $ 6.74 $ 7.90 6-31
Painter 08/01/2020
JOB DESCRIPTION Painter DISTRICT 3 ENTIRE COUNTIES Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Cortland, Delaware, Erie, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Wayne, Wyoming, Yates WAGES Per hour: 07/01/2020 05/01/2021 Additional Bridge $ 39.20 $ 1.00 Tunnel 39.20 1.00 Tank* 37.20 1.00
For Bridge Painting Contracts, ALL WORKERS on and off the bridge (including Flagmen) are to be paid Painter's Rate; the contract must be ONLY for Bridge Painting.
Tank rate applies to indoor and outdoor tanks, tank towers, standpipes, digesters, waste water treatment tanks, chlorinator tanks, etc. Covers all types of tanks including but not limited to steel tanks, concrete tanks, fiberglass tanks, etc.
Note an additional $1.00 per hour is required when the contracting agency or project specification requires any shift to start prior to 6:00am or after 12:00 noon. SUPPLEMENTAL BENEFITS Per hour: $ 29.00
Page280 48 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
OVERTIME PAY Exterior work only See ( B, E4, F*, R ) on OVERTIME PAGE. All other work See ( B, F*, R ) on OVERTIME PAGE. *Note - Saturday is payable at straight time if the employee misses work, except where a doctor's or hospital verification of illness is produced Monday through Friday when work was available to the employee. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour:
750 hour terms at the following percentage of Journeyman's wage rate: 1st 2nd 3rd 4th 5th 6th 50% 55% 60% 65% 75% 85%
Supplemental benefits per hour:
1st & 2nd terms $ 5.50 3rd & 4th terms 5.50 5th & 6th terms 6.50 3-4-Bridge, Tunnel, Tank
Painter - Metal Polisher 08/01/2020
JOB DESCRIPTION Painter - Metal Polisher DISTRICT 8 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES 07/01/2020 Metal Polisher $ 36.33 Metal Polisher* 37.43 Metal Polisher** 40.33
*Note: Applies on New Construction & complete renovation ** Note: Applies when working on scaffolds over 34 feet. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2020
Journeyworker: All classification $ 9.94 OVERTIME PAY See (B, E, P, T) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour: One (1) year term at the following wage rates:
07/01/2020
1st year $ 16.00 2nd year 17.00 3rd year 18.00
1st year* $ 16.39 2nd year* 17.44 3rd year* 18.54
1st year** $ 18.50 2nd year** 19.50 3rd year** 20.50 Page281 49 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County
*Note: Applies on New Construction & complete renovation ** Note: Applies when working on scaffolds over 34 feet.
Supplemental benefits: Per hour:
1st year $ 6.69 2nd year 6.69 3rd year 6.69 8-8A/28A-MP
Plumber 08/01/2020
JOB DESCRIPTION Plumber DISTRICT 6 ENTIRE COUNTIES Cayuga, Oswego PARTIAL COUNTIES Wayne: Only the Townships of Butler, Savannah and Wolcott. WAGES Per hour: 07/01/2020
Plumber, Welder, Heating, Steamfitter, Air Conditioning $ 33.70 SUPPLEMENTAL BENEFITS Per hour*:
Journeyman $ 24.11*
*NOTE: $15.21 of the supplemental benefits are paid at the same premium as shown for the overtime work performed at energy producing facilities whose primary function is the sale of power or the production of fuel. OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: When a holiday falls on a Saturday, the holiday will be observed on the Friday before. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. REGISTERED APPRENTICES WAGES per hour: (1) year terms at the following percentage of Journeyman's wage.
1st year 2nd year 3rd year 4th year 5th year 50% 55% 65% 75% 85%
SUPPLEMENTAL BENEFITS per hour*:
1st year $ 15.58 2nd year 19.85 3rd year 22.40 4th/5th years 24.11
*NOTE: Below is the portion of supplemental benefits paid at overtime premium for work performed at energy producing facilities whose primary function is the sale of power or the production of fuel.
1st year $ 7.61 2nd year 11.41 3rd year 13.69 4th/5th year 15.21 6-73.1
Roofer 08/01/2020
JOB DESCRIPTION Roofer DISTRICT 6 ENTIRE COUNTIES
Page282 50 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County Cayuga, Cortland, Franklin, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Seneca, St. Lawrence WAGES Per hour: 07/01/2020 06/01/2021 Additional Roofer, Waterproofer $ 28.00 $ 1.75
Additional per hour: Green Roofing* $ 0.25 $ 0.25 Pitch Removal & Appl. 1.15 1.40 Asbestos Abatement 1.40 1.50 Irregular Shift(s)** 4.00 4.00
NOTES: Does not include metal flashing, gravel stop and metal roofing; see Sheetmetal Worker wage schedule. * Green Roofing is any component of green technology or living roof above the roof membrane. Including but not limited to the fabric, dirt and plantings.
** WHEN MANDATED BY THE OWNER OR CONTRACTING AGENCY, THERE IS AN ADDITIONAL PREMIUM FOR HOURS WORKED BEFORE 5:30AM AND AFTER 5:30PM.
SUPPLEMENTAL BENEFITS Per hour: Journeyman $ 24.10
Additional contribution 0.75 on any Asbestos Abatement work. OVERTIME PAY See (B, E, E2*, Q) on OVERTIME PAGE *NOTE - If a holiday falls in that week and 32 hours were worked, Saturday will be paid at 1 1/2 times the rate. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: When any of these holidays falls on Sunday, the following day shall be observed as a holiday. REGISTERED APPRENTICES WAGES per hour: 1000 hour terms
1st term (0 to 999) $ 18.52 2nd term (1000 to 1999) 19.20 3rd term (2000 to 2999) 21.00 4th term (3000 to 3999) 23.80
Additional per hour: Green Roofing** $ 0.25 Pitch Removal & Appl. 1.15 Asbestos Abatement 1.40
SUPPLEMENTAL BENEFITS per hour:
1st term $ 18.23 2nd term 19.65 3rd term 23.10 4th term 24.10
Additional contribution $ 0.75 on any Asbestos Abatement work 6-195
Sheetmetal Worker 08/01/2020
JOB DESCRIPTION Sheetmetal Worker DISTRICT 6 ENTIRE COUNTIES Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence WAGES Per hour: 07/01/2020
Page283 51 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County Sheetmetal Worker: **(under $10 million) $ 29.63 **(over $10 million) 30.63
**For total cost of Sheetmetal contract only.
TO INCLUDE METAL STANDING SEAM ROOFING, METAL ROOF FLASHINGS, AND GRAVEL STOP. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 20.82 plus 3% of hourly wage paid
NOTE: The 3% is based on the hourly wage paid, straight time rate or premium rate. OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE When any holiday falls on a Saturday, the Friday before such holiday shall be recognized as the legal holiday. Any holiday falling on Sunday, the following Monday shall be recognized as the legal holiday. REGISTERED APPRENTICES WAGES per hour: Six month terms at the following percentage of Journeyman's wage.
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 40% 45% 50% 55% 60% 65% 70% 75% 80% 85% $ 11.85 $ 13.33 $ 14.82 $ 16.30 $ 17.78 $ 19.26 $ 20.74 $ 22.22 $ 23.70 $ 25.19
SUPPLEMENTAL BENEFITS per hour: 12.02* 12.48* 12.94* 13.41* 13.87* 14.33* 15.83* 16.29* 16.75* 17.22* *Plus 3% of hourly wage paid. The 3% is based on the hourly wage paid, straight time or premium rate. 6-58
Sprinkler Fitter 08/01/2020
JOB DESCRIPTION Sprinkler Fitter DISTRICT 1 ENTIRE COUNTIES Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Washington, Wayne, Wyoming, Yates WAGES Per hour 07/01/2020 Sprinkler $ 35.01 Fitter SUPPLEMENTAL BENEFITS Per hour
Journeyperson $ 26.62 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE Note: When a holiday falls on Sunday, the following Monday shall be considered a holiday and all work performed on either day shall be at the double time rate. When a holiday falls on Saturday, the preceding Friday shall be considered a holiday and all work performed on either day shall be at the double time rate. REGISTERED APPRENTICES Wages per hour
One Half Year terms at the following percentage of journeyperson's wage.
Page284 52 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th $ 16.94 $ 18.82 $ 20.44 $ 22.31 $ 24.18 $ 26.05 $ 27.92 $ 29.79 $ 31.67 $ 33.54
Supplemental Benefits per hour
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th $ 8.27 $ 8.27 $ 18.70 $ 18.70 $ 18.95 $ 18.95 $ 18.95 $ 18.95 $ 18.95 $ 18.95 1-669
Teamster - Building 08/01/2020
JOB DESCRIPTION Teamster - Building DISTRICT 6 ENTIRE COUNTIES Broome, Cayuga, Cortland, Delaware, Onondaga, Seneca, Tompkins, Yates PARTIAL COUNTIES Allegany: Only the Townships of Almond, Burns, and Alfred. Chenango: Only the Townships of Afton, Bainbridge, Coventry, Greene, Guilford, Oxford and Smithville. Madison: Only the Townships of Cazenovia, DeRuyter, Fenner, Georgetown, Lenox, Nelson and Sullivan. Oswego: All Townships except Redfield, Boylston and Sandy Creek. Otsego: Only the Townships of Butternuts, Laurens, Maryland, Millford, Morris, Oneonta, Otego, Unadilla, and Worchester. Steuben: Only the Townships of Prattsburg, Pulteney, Canisteo, Howard, Fremont, Avoca, Wheeler, Wayland, Cohoctan, Dansville, Hornell, Hartsville, Greenwood, West Union, Troupsburg, and Jasper. Tioga: Only the Townships of Berkshire, Candor, Newark Valley, Nichols, Owego, Richford, and Tioga. All territory east of Nichols/Smithboro to Broome County, within State of New York. WAGES GROUP A: Straight Trucks GROUP B: Tractor Trailer, Farm Tractor, Fuel Truck. GROUP C: Euclid. GROUP D: On site Mechanic.
Per hour: 07/01/2020 06/01/2021 06/01/2022
Building: (under $ 5 million*) GROUP A $ 22.43 $ 23.43 $ 24.43 GROUP B 22.43 23.43 24.43 GROUP C 22.43 23.43 24.43 GROUP D 22.43 23.43 24.43
Building: (over $ 5 million*) GROUP A $ 23.48 $ 24.48 $ 25.48 GROUP B 23.58 24.58 25.58 GROUP C 23.83 24.83 25.83 GROUP D 23.63 24.63 25.63
* Total project cost including General Construction, Plumbing, HVAC and Electrical SUPPLEMENTAL BENEFITS Per hour:
(under $5 million*) $ 27.19 $ 27.86 $ 28.62
(over $5 million*) 27.89 28.58 29.36
* Total project cost including General Construction, Plumbing, HVAC and Electrical OVERTIME PAY (D, O) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE 6-317
Teamster - Heavy&Highway 08/01/2020
JOB DESCRIPTION Teamster - Heavy&Highway DISTRICT 6 ENTIRE COUNTIES Cayuga, Cortland, Seneca, Tompkins, Yates PARTIAL COUNTIES Allegany: Only the Townships of Almond, Alfred, Burns and West Almond. Page285 53 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672 Cayuga County Steuben: Only the Townships of Avoca, Canisteo, Cohocton, Dansville, Freemont, Greenwood, Hartsville, Hornell, Howard, Jasper, Prattsburg, Pulteney, Troupsburg, West Union and Wheeler. WAGES GROUP 1: Warehousemen*, Yardmen*, Truck Helpers, Pickups, Panel Trucks, Flatboy Material Trucks (straight jobs), Single Axle Dump Trucks, Dumpsters, Material Checkers & Receivers*, Greasers, Truck Tiremen, Mechanics Helpers and Parts Chasers, Tandems & Batch Trucks, Mechanics, Semi-Trailers, Low-boy Trucks, Asphalt Distributor Trucks, and Agitator, Mixer Trucks and Dumpcrete type vehicles, Truck Mechanic, Fuel Trucks.
*NOTE: Applies when a temporary warehouse structure is built/utilized specifically for a public work project.
GROUP 2: Specialized Earth Moving Equipment-Euclid type, or similar off-highway equipment, where not self-loading, Straddle (Ross) Carrier, and self-contained concrete mobile truck, Off-highway Tandem Back-Dump, Twin Engine Equipment and Double-Hitched Equipment where not self-loading.
Per hour: 07/01/2020 07/01/2021
GROUP 1 $ 27.63 $ 28.84 GROUP 2 27.83 29.04
NOTE: For all work bid, there shall be a twelve month carryover of the rates in effect at the time of the bid.
Four (4), ten (10) hour days may be worked at straight time during a week. NOTE - In order to use the '4 Day/10 Hour Work schedule', as your normal schedule, you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30.1; and there must be a dispensation of hours in place on the project. If the PW30.1 is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour:
Journeyman $ 26.18 $ 26.72 OVERTIME PAY See (B, B2, E2, J) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE 6-317(Syr)
Welder 08/01/2020
JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per hour 07/01/2020
Welder: To be paid the same rate of the mechanic performing the work.*
*EXCEPTION: If a specific welder certification is required, then the 'Certified Welder' rate in that trade tag will be paid.
OVERTIME PAY HOLIDAY 1-As Per Trade
Page286 54 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672
Overtime Codes
Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the HOLIDAY section.
NOTE: Supplemental Benefits are 'Per hour worked' (for each hour worked) unless otherwise noted
( AA ) Time and one half of the hourly rate after 7 and one half hours per day
( A ) Time and one half of the hourly rate after 7 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 & 10th hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours
( B2 ) Time and one half of the hourly rate after 40 hours per week
( C ) Double the hourly rate after 7 hours per day
( C1 ) Double the hourly rate after 7 and one half hours per day
( D ) Double the hourly rate after 8 hours per day
( D1 ) Double the hourly rate after 9 hours per day
( E ) Time and one half of the hourly rate on Saturday
( E1 ) Time and one half 1st 4 hours on Saturday; Double the hourly rate all additional Saturday hours
( 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 November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week
( 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
( E5 ) Double time after 8 hours on Saturdays
( 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
( O ) Double the hourly rate on Saturday, Sunday, and Holidays
( P ) Double the hourly rate on Sunday
( Q ) Double the hourly rate on Sunday and Holidays
( R ) Double the hourly rate on Holidays
( S ) Two and one half times the hourly rate for Holidays
Page287 55 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672
( S1 ) Two and one half times the hourly rate the first 8 hours on Sunday or Holidays One and one half times the hourly rate all additional hours.
( T ) Triple the hourly rate for Holidays
( U ) Four times the hourly rate for Holidays
( V ) Including benefits at SAME PREMIUM as shown for overtime
( W ) Time and one half for benefits on all overtime hours.
( X ) Benefits payable on Paid Holiday at straight time. If worked, additional benefit amount will be required for worked hours. (Refer to other codes listed.)
Page288 56 Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Aug 01 2020 PRC Number 2020008672
Holiday Codes
PAID Holidays:
Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed.
OVERTIME Holiday Pay:
Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification.
Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified.
( 1 ) None
( 2 ) Labor Day
( 3 ) Memorial Day and Labor Day
( 4 ) Memorial Day and July 4th
( 5 ) Memorial Day, July 4th, and Labor Day
( 6 ) New Year's, Thanksgiving, and Christmas
( 7 ) Lincoln's Birthday, Washington's Birthday, and Veterans Day
( 8 ) Good Friday
( 9 ) Lincoln's Birthday
( 10 ) Washington's Birthday
( 11 ) Columbus Day
( 12 ) Election Day
( 13 ) Presidential Election Day
( 14 ) 1/2 Day on Presidential Election Day
( 15 ) Veterans Day
( 16 ) Day after Thanksgiving
( 17 ) July 4th
( 18 ) 1/2 Day before Christmas
( 19 ) 1/2 Day before New Years
( 20 ) Thanksgiving
( 21 ) New Year's Day
( 22 ) Christmas
( 23 ) Day before Christmas
( 24 ) Day before New Year's
( 25 ) Presidents' Day
( 26 ) Martin Luther King, Jr. Day
( 27 ) Memorial Day
( 28 ) Easter Sunday
Page289 57 New York State Department of Labor - Bureau of Public Work State Office Building Campus Building 12 - Room 130 Albany, New York 12240
REQUEST FOR WAGE AND SUPPLEMENT INFORMATION As Required by Articles 8 and 9 of the NYS Labor Law Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. This Form Must Be Typed Submitted By: Contracting Agency (Check Only One) Architect or Engineering Firm Public Work District Office Date:
A. Public Work Contract to be let by: (Enter Data Pertaining to Contracting/Public Agency)
1. Name and complete address (Check if new or change) 2. NY State Units (see Item 5) 07 City 01 DOT 08 Local School District 02 OGS 09 Special Local District, i.e., 03 Dormitory Authority Fire, Sewer, Water District 1O Village 04 State University Construction Fund 11 Town 05 Mental Hygiene 12 County Facilities Corp. 13 Other Non-N.Y. State Telephone: ( ) Fax: ( ) 06 OTHER N.Y. STATE UNIT (Describe) E-Mail:
3. SEND REPLY TO ( check if new or change) 4. SERVICE REQUIRED. Check appropriate box and provide project Name and complete address: information.
New Schedule of Wages and Supplements. APPROXIMATE BID DATE :
Additional Occupation and/or Redetermination
Telephone: Fax: PRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY ( ) ( ) THIS PROJECT : E-Mail:
B. PROJECT PARTICULARS
5. Project Title 6. Location of Project: Location on Site Description of Work Route No/Street Address Village or City Contract Identification Number Town
Note: For NYS units, the OSC Contract No. County
7. Nature of Project - Check One: 8. OCCUPATION FOR PROJECT : 1. New Building Construction (Building, Heavy Guards, Watchmen 2. Addition to Existing Structure Highway/Sewer/Water) Janitors, Porters, Cleaners, 3. Heavy and Highway Construction (New and Repair) Tunnel Elevator Operators 4. New Sewer or Waterline Residential Moving furniture and 5. Other New Construction (Explain) Landscape Maintenance equipment 6. Other Reconstruction, Maintenance, Repair or Alteration Elevator maintenance Trash and refuse removal 7. Demolition Exterminators, Fumigators Window cleaners 8. Building Service Contract Fire Safety Director, NYC Only Other (Describe)
9. Has this project been reviewed for compliance with the Wicks Law involving separate bidding? YES NO
10.Name and Title of Requester Signature
290 PW-39 (04.11) SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS
NYSDOL Bureau of Public Work Debarment List 07/28/2020
Article 8
AGENCY Fiscal Officer FEIN EMPLOYER NAME EMPLOYER ADDRESS DEBARMENT DEBARMENT DBA NAME START DATE END DATE DOL NYC *****9839 A.J.S. PROJECT 149 FIFTH AVENUE 12/29/2016 12/29/2021 MANAGEMENT, INC. NEW YORK NY 10010 DOL DOL *****3344 ACT INC 6409 LAND O LAKES BLVD 11/10/2015 11/10/2020 LAND O LAKES FL 34638 DOL DOL *****4018 ADIRONDACK BUILDING 4156 WILSON ROAD EAST 03/26/2019 03/26/2024 RESTORATION INC. TABERG NY 13471 DOL AG *****1812 ADVANCED BUILDERS & LAND 400 OSER AVE 09/11/2019 09/11/2024 DEVELOPMENT, INC. #2300HAUPPAUGE NY 11788 DOL DOL *****1687 ADVANCED SAFETY 261 MILL ROAD 07/29/2015 07/29/2020 SPRINKLER INC P.O BOX 296EAST AURORA NY 14052 DOL DOL *****1687 ADVANCED SAFETY 261 MILL ROAD 05/29/2019 05/29/2024 SPRINKLER INC P.O BOX 296EAST AURORA NY 14052 DOL NYC *****6775 ADVENTURE MASONRY 1535 RICHMOND AVENUE 12/13/2017 12/13/2022 CORP. STATEN ISLAND NY 10314 DOL NYC AGOSTINHO TOME 405 BARRETTO ST 05/31/2018 05/31/2023 BRONX NY 10474 DOL DOL AJ TORCHIA 10153 ROBERTS RD 08/09/2016 08/09/2021 SAUQUOIT NY 13456 DOL DOL *****3344 ALL CATASTROPHE ACT INC 6409 LAND O LAKES BLVD 11/10/2015 11/10/2020 CONSTRUCTION TEAM INC LAND O LAKES FL 34638 DOL DOL AMADEO J TORCHIA TORCHIA'S 10153 ROBERTS RD 08/09/2016 08/09/2021 HOME SAUQUOIT NY 13456 IMPROVEMEN T DOL NYC AMJAD NAZIR 2366 61ST ST 12/15/2016 12/15/2021 BROOKLYN NY 11204 DOL DOL ANGELO F COKER 12/04/2018 12/04/2023
DOL NYC ANISUL ISLAM C/O RELIANCE GENERAL 09/02/2015 09/02/2020 CONS 644 OCEAN PARKWAYBROOKLYN NY 11230 DOL DOL ANITA SALERNO 158 SOLAR ST 01/07/2019 01/07/2024 SYRACUSE NY 13204 DOL NYC ANTHONY J SCLAFANI 149 FIFTH AVE 12/29/2016 12/29/2021 NEW YORK NY 10010 DOL DOL ANTHONY PERGOLA 3 WEST MAIN ST/SUITE 208 01/23/2017 01/23/2022 ELMSFORD NY 10323 DOL DOL ANTONIO ESTIVEZ 442 ARMONK RD 06/12/2018 06/12/2023 MOUNT KISCO NY 10549 DOL DOL *****3020 APCO CONTRACTING CORP 24 SOUTH MARYLAND 09/24/2012 09/02/2020 AVENUE PORT WASHINGTON NY 11050 DOL DOL ARNOLD A. PAOLINI 1250 BROADWAY ST 02/03/2020 02/03/2025 BUFFALO NY 14212 DOL NYC ARSHAD MEHMOOD 168-42 88TH AVENUE 11/20/2019 11/20/2024 JAMAICA NY 11432 DOL DOL ARVINDER ATWAL 65 KENNETH PLACE 07/19/2017 07/19/2022 NEW HYDE PARK NY 11040 DOL NYC *****4779 ASTORIA GENERAL 35-34 31ST STREET 09/02/2015 09/02/2020 CONTRACTING CORP LONG ISLAND CITY NY 11106 DOL NYC *****7217 ASTRO COMMUNICATIONS OF 79 ALEXANDER AVE- STE 36A 10/30/2015 10/30/2020 NY CORP BRONX NY 10454 DOL NYC *****6683 ATLAS RESTORATION CORP. 35-12 19TH AVENUE 08/02/2017 08/02/2022 ASTORIA NY 11105 DOL NYC *****5532 ATWAL MECHANICALS, INC 65 KENNETH PLACE 07/19/2017 07/19/2022 NEW HYDE PARK NY 11040 DOL NYC *****2591 AVI 212 INC. 260 CROPSEY AVENUE 10/30/2018 10/30/2023 APT 11GBROOKLYN NY 11214 DOL AG AVTAR SINGH 116-24 127TH STREET 12/22/2015 12/22/2020 SOUTH OZONE PARK NY 11420 DOL AG BALDEV SINGH 116-24 127TH STREET 12/22/2015 12/22/2020 SOUTH OZONE PARK NY 11420 DOL NYC BALWINDER SINGH 421 HUDSON ST 02/20/2019 02/20/2024 SUITE C5NEW YORK NY 10014 DOL DOL BARRY KINNEY 6409 LAND O LAKES BLVD 11/10/2015 11/10/2020 LAND O LAKES FL 34638
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Article 8
DOL NYC *****3915 BEACON RESTORATION INC SUITE B-8 04/21/2016 04/21/2021 782 PELHAM PARKWAY SOUTHBRONX NY 10462 DOL NYC *****8416 BEAM CONSTRUCTION, INC. 50 MAIN ST 01/04/2019 01/04/2024 WHITE PLAINS NY 10606 DOL DOL BIAGIO CANTISANI 06/12/2018 06/12/2023
DOL DOL *****4512 BOB BRUNO EXCAVATING, 5 MORNINGSIDE DR 05/28/2019 05/28/2024 INC AUBURN NY 13021 DOL DOL BOGDAN MARKOVSKI 370 W. PLEASANTVIEW AVE 02/11/2019 02/11/2024 SUITE 2.329HACKENSACK NJ 07601 DOL DOL *****8551 BRANDY'S MASONRY 216 WESTBROOK STREET 08/09/2016 08/09/2021 P O BOX 304SAYRE PA 18840 DOL DOL *****1449 BRRESTORATION NY INC 140 ARCADIA AVENUE 09/12/2016 09/12/2021 OSWEGO NY 13126 DOL DOL BRUCE MORSEY C/O KENT HOLLOW SIDING LL 01/15/2016 01/15/2021 29A BRIDGE STREETNEW MILFORD CT 06776 DOL DOL BRUCE P. NASH JR. 5841 BUTTERNUT ROAD 09/12/2018 09/12/2023 EAST SYRACUSE NY 13057 DOL DOL *****0225 C&D LAFACE 8531 OSWEGO RD 02/03/2020 01/09/2023 CONSTRUCTION, INC. BALDWINSVILLE NY 13027 DOL DOL *****8809 C.B.E. CONTRACTING 310 MCGUINESS BLVD 03/07/2017 03/07/2022 CORPORATION GREENPOINT NY 11222 DOL DOL *****9383 C.C. PAVING AND 2610 SOUTH SALINA ST 12/04/2018 12/04/2023 EXCAVATING, INC. SUITE 12SYRACUSE NY 13205 DOL NYC CALVIN WALTERS 465 EAST THIRD ST 09/09/2019 09/09/2024 MT. VERNON NY 10550 DOL DOL CANTISANI & ASSOCIATES 442 ARMONK RD 06/12/2018 06/12/2023 LTD MOUNT KISCSO NY 10549 DOL DOL CANTISANI HOLDING LLC 06/12/2018 06/12/2023
DOL DOL CARIBBEAN POOLS C/O DOUGLAS L MALARKEY 02/04/2016 02/04/2021 64 VICTORIA DRIVEBINGHAMTON NY 13904 DOL DOL CARMEN RACHETTA 8531 OSWEGO RD 02/03/2020 02/03/2025 BALDWINSVILLE NY 13027 DOL DOL CARMENA RACHETTA 8531 OSWEGO ROAD 02/03/2020 01/09/2023 BALDWINSVILLE NY 13027 DOL DOL *****3812 CARMODY "2" INC 06/12/2018 06/12/2023
DOL DOL *****1143 CARMODY BUILDING CORP CARMODY 442 ARMONK RD 06/12/2018 06/12/2023 CONTRACTIN MOUNT KISCO NY 10549 G AND CARMODY CONTRACTIN G CORP. DOL DOL CARMODY CONCRETE 06/12/2018 06/12/2023 CORPORATION DOL DOL CARMODY ENTERPRISES, 442 ARMONK RD 06/12/2018 06/12/2023 LTD. MOUNT KISCO NY 10549 DOL DOL CARMODY INC 442 ARMONK RD 06/12/2018 06/12/2023 MOUNT KISCO NY 10549 DOL DOL *****3812 CARMODY INDUSTRIES INC 06/12/2018 06/12/2023
DOL DOL CARMODY MAINTENANCE 442 ARMONK RD 06/12/2018 06/12/2023 CORPORATION MOUNT KISCO NY 10549 DOL DOL CARMODY MASONRY CORP 442 ARMONK RD 06/12/2018 06/12/2023 MOUNT KISCO NY 10549 DOL DOL *****8809 CBE CONTRACTING CORP 142 EAST MARKET STREET 03/07/2017 03/07/2022 LONG BEACH NY 11561 DOL AG CESAR J. AGUDELO 81-06 34TH AVENUE 02/07/2018 02/07/2023 APT. 6EJACKSON HEIGHTS NY 11372 DOL DOL *****7655 CHAMPION CONSTRUCTION 2131 SCHENECTADY AVENUE 11/18/2015 11/18/2020 SERVICES CORP BROOKLYN NY 11234 DOL DOL CHARLES ZIMMER JR 216 WESTBROOK STREET 08/09/2016 08/09/2021 P O BOX 304SAYRE PA 18840 DOL DOL CHRISTINE J HEARNE C/O CJ-HEARNE 12/01/2015 12/01/2020 CONSTRUCTIO 131 PONCE DE LEON AVE NEATLANTA GA 30308 DOL DOL CHRISTOPHER J MAINI 19 CAITLIN AVE 09/17/2018 09/17/2023 JAMESTOWN NY 14701
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NYSDOL Bureau of Public Work Debarment List 07/28/2020
Article 8
DOL DOL CHRISTOPHER 1445 COMMERCE AVE 05/30/2019 05/30/2024 PAPASTEFANOU A/K/A CHRIS BRONX NY 10461 PAPASTEFANOU DOL DOL *****0671 CJ-HEARNE CONSTRUCTION SUITE 204 12/01/2015 12/01/2020 CO 131 PONCE DE LEON AVENUEATLANTA GA 30308 DOL DOL *****1927 CONSTRUCTION PARTS CPW 5841 BUTTERNUT ROAD 09/12/2018 09/12/2023 WAREHOUSE, INC. EAST SYRACUSE NY 13057 DOL NYC *****2164 CREATIVE TRUCKING INC 58-83 54TH STREET 02/26/2016 02/26/2021 MASPETH NY 11378 DOL DOL *****2524 CSI ELECTRICAL & 42-32 235TH ST 01/14/2019 01/14/2024 MECHANICAL INC DOUGLASTON NY 11363 DOL DOL *****7761 D L MALARKEY 64 VICTORIA DRIVE 02/04/2016 02/04/2021 CONSTRUCTION BINGHAMTON NY 13904 DOL DOL *****7888 D L MALARKEY 64 VICTORIA DRIVE 02/04/2016 02/04/2021 CONSTRUCTION INC BINGHAMTON NY 13904 DOL DOL *****5629 DAKA PLUMBING AND 2561 ROUTE 55 02/19/2016 02/19/2021 HEATING LLC POUGHQUAG NY 12570 DOL NYC DALJIT KAUR BOPARAI 185-06 56TH AVE 10/17/2017 10/17/2022 FRESH MEADOW NY 11365 DOL DOL DANICA IVANOSKI 61 WILLETT ST. 10/26/2016 10/26/2021 PASSAIC NJ 07503 DOL DOL DARIAN L COKER 2610 SOUTH SALINA ST 12/04/2018 12/04/2023 SUITE 2CSYRACUSE NY 13205 DOL DOL DAVID MARTINEZ C/O EMPIRE TILE INC 03/08/2016 03/08/2021 6 TREMONT COURTHUNTINGTON STATION NY 11746 DOL NYC DAVID WEINER 14 NEW DROP LANE 11/14/2019 11/14/2024 2ND FLOORSTATEN ISLAND NY 10306 DOL DOL DEBBIE STURDEVANT 29 MAPLEWOOD DRIVE 02/21/2017 02/21/2022 BINGHAMTON NY 13901 DOL AG DEBRA MARTINEZ 31 BAY ST 03/28/2018 03/28/2023 BROOKLYN NY 11231 DOL DOL DEDA GAZIVODAN C/O DAKA PLUMBING AND H 02/19/2016 02/19/2021 2561 ROUTE 55POUGHQUAG NY 12570 DOL DOL DELPHI PAINTING & 1445 COMMERCE AVE 05/30/2019 05/30/2024 DECORATING CO INC BRONX NY 10461 DOL DOL DENNIS SCHWANDTNER C/O YES SERVICE AND REPAI 08/09/2016 08/09/2021 145 LODGE AVEHUNTINGTON STATION NY 11476 DOL DOL DF CONTRACTORS OF 1835 DAANSEN RD. 05/16/2017 05/16/2022 ROCHESTER, INC. PALMYRA NY 14522 DOL DOL DF CONTRACTORS, INC. 1835 DAANSEN RD. 05/16/2017 05/16/2022 PALMYRA NY 14522 DOL NYC DIMITRIOS KOUTSOUKOS C/O ASTORIA GENERAL 09/02/2015 09/02/2020 CONTR 35-34 31ST STREETLONG ISLAND CITY NY 11106 DOL NYC DIMITRIOS TSOUMAS 35-12 19TH AVENUE 08/02/2017 08/02/2022 ASTORIA NY 11105 DOL DOL DOMENICO LAFACE 8531 OSWEGO RD 02/03/2020 01/09/2023 BALDWINSVILLE NY 13027 DOL DOL *****3242 DONALD R. FORSAY DF LAWN 1835 DAANSEN RD. 05/16/2017 05/16/2022 SERVICE PALMYRA NY 14522 DOL DOL DONALD R. FORSAY 1835 DAANSEN RD. 05/16/2017 05/16/2022 PALMYRA NY 14522 DOL DOL DORIS SKODA C/O APCO CONTRACTING 09/24/2012 09/02/2020 CORP 24 SOUTH MARYLAND AVENUEPORT WASHINGTON NY 11050 DOL NYC *****7404 DOSANJH CONSTRUCTION 9439 212TH STREET 02/25/2016 02/25/2021 CORP QUEENS VILLAGE NY 11428 DOL DOL DOUGLAS L MALARKEY MALARKEY 64 VICTORIA DRIVE 02/04/2016 02/04/2021 CONSTRUCTI B INGHAMTON NY 13904 ON DOL NYC DUARTE LOPES 66-05 WOODHAVEN BLVD. 04/20/2017 04/20/2022 STE 2REGO PARK NY 11374 DOL DOL E C WEBB 6409 LAND O LAKES BLVD 11/10/2015 11/10/2020 LAND O LAKES FL 34638 DOL DOL *****5175 EAGLE MECHANICAL AND 11371 RIDGE RD 02/03/2020 02/03/2025 GENERAL CONSTRUCTION WOLCOTT NY 14590 LLC
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NYSDOL Bureau of Public Work Debarment List 07/28/2020
Article 8
DOL DOL EARL L WILSON WILSON 36 ABERSOLD STREET 08/31/2015 08/31/2020 BROTHER ROCHESTER NY 14621 DRYWALL CONTRACTOR S DOL DOL EAST COAST PAVING 2238 BAKER RD 03/12/2018 03/12/2023 GILLETT PA 16923 DOL NYC *****4269 EAST PORT EXCAVATION & 601 PORTION RD 11/18/2016 11/18/2021 UTILITIES RONKONKOMA NY 11779 DOL DOL *****0780 EMES HEATING & PLUMBING 5 EMES LANE 01/20/2002 01/20/3002 CONTR MONSEY NY 10952 DOL DOL *****3270 EMPIRE TILE INC 6 TREMONT COURT 03/08/2016 03/08/2021 HUNTINGTON STATION NY 11746 DOL NYC *****5917 EPOCH ELECTRICAL, INC 97-18 50TH AVE 04/19/2018 04/19/2024 CORONA NY 11368 DOL DOL *****7403 F & B PAINTING 2 PARKVIEW AVENUE 09/26/2016 09/26/2021 CONTRACTING INC HARRISON NY 10604 DOL DOL FAIGY LOWINGER 11 MOUNTAIN RD 03/20/2019 03/20/2024 28 VAN BUREN DRMONROE NY 10950 DOL DOL FAY MATTHEW C/O CHAMPION 11/18/2015 11/18/2020 CONSTRUCTION 2131 SCHENECTADY AVENUEBROOKLYN NY 11234 DOL DOL FAZIA GINA ALI-MOHAMMED C/O 2131 SCHENECTADY AVENUE 11/18/2015 11/18/2020 CHAMPION BROOKLYN NY 11234 CONSTRUCTI ON DOL DOL FRANK BENEDETTO 19 CATLIN AVE 09/17/2018 09/17/2023 JAMESTOWN NY 14701 DOL DOL FRANK BENEDETTO C/O F & B PAINTING CONTRA 09/26/2016 09/26/2021 2 PARKVIEW AVENUEHARRISON NY 10604 DOL DOL *****4722 FRANK BENEDETTO AND B & M 19 CAITLIN AVE 09/17/2018 09/17/2023 CHRISTOPHER J MAINI CONCRETE JAMESTOWN NY 14701 DOL NYC FRANK MAINI 1766 FRONT ST 01/17/2018 01/17/2023 YORKTOWN HEIGHTS NY 10598 DOL NYC *****6616 G & G MECHANICAL 1936 HEMPSTEAD TURNPIKE 11/29/2019 11/29/2024 ENTERPRISES, LLC. EAST MEDOW NY 11554 DOL DOL GABRIEL FRASSETTI 04/10/2019 04/10/2024
DOL DOL GALINDA ROTENBERG C/O GMDV TRANS INC 06/24/2016 06/24/2021 67-48 182ND STREETFRESH MEADOWS NY 11365 DOL DOL GEOFF CORLETT 415 FLAGGER AVE 10/31/2018 10/31/2023 #302STUART FL 34994 DOL DA GEORGE LUCEY 150 KINGS STREET 01/19/1998 01/19/2998 BROOKLYN NY 11231 DOL DOL GIGI SCHNECKENBURGER 261 MILL RD 05/29/2019 05/29/2024 EAST AURORA NY 14052 DOL DOL GIOVANNI LAFACE 8531 OSWEGO RD 02/03/2020 01/09/2023 BALDWINSVILLE NY 13027 DOL NYC *****3164 GLOBE GATES INC GLOBAL 405 BARRETTO ST 05/31/2018 05/31/2023 OVERHEAD BRONX NY 10474 DOORS DOL DOL *****5674 GMDV TRANS INC 67-48 182ND STREET 06/24/2016 06/24/2021 FRESH MEADOWS NY 11365 DOL NYC GREAT ESTATE 327 STAGG ST 10/10/2017 10/10/2022 CONSTRUCTION, INC. BROOKLYN NY 11206 DOL DOL GREGORY S. OLSON P.O BOX 100 03/08/2018 03/08/2023 200 LATTA BROOK PARKHORSEHEADS NY 14845 DOL DOL HANS RATH 24 ELDOR AVENUE 02/03/2020 02/03/2025 NEW CITY NY 10956 DOL NYC HARMEL SINGH 15 CLINTON LANE 02/25/2016 02/25/2021 HICKSVILLE NY 11801 DOL NYC HAROLD KUEMMEL 58-83 54TH STREET 02/26/2016 02/26/2021 MASPETH NY 11378 DOL NYC *****3228 HEIGHTS ELEVATOR CORP. 1766 FRONT ST 01/17/2018 01/17/2023 YORKTOWN HEIGHTS NY 10598 DOL DOL HENRY VAN DALRYMPLE 2663 LANTERN LANE 12/01/2015 12/01/2020 ATLANTA GA 30349 DOL DOL *****8282 IDEMA DEVELOPMENT INC 91 COLLEGE AVENUE 12/04/2015 12/04/2020 POUGHKEEPSIE NY 12603 294 Page 4 of 11
NYSDOL Bureau of Public Work Debarment List 07/28/2020
Article 8
DOL DOL *****8282 IDEMA GENERAL 91 COLLEGE AVENUE 12/04/2015 12/04/2020 CONTRACTORS INC POUGHKEEPSIE NY 12603 DOL DOL *****7001 INTEGRATED CONSTRUCTION SUITE 100 01/06/2016 01/06/2021 & POWER SYSTEMS INC 2105 W GENESEE STREETSYRACUSE NY 13219 DOL DOL *****5131 INTEGRITY MASONRY, INC. M&R 722 8TH AVE 06/05/2018 06/05/2023 CONCRETE WATERVLIET NY 12189 DOL DOL IRENE KASELIS 32 PENNINGTON AVE 05/30/2019 05/30/2024 WALDWICK NJ 07463 DOL AG J A M CONSTRUCTION CORP SUITE 125 04/07/2016 04/07/2021 265 SUNRISE HIGHWAYROCKVILLE CENTRE NY 10457 DOL DOL J.A. HIRES CADWALLADER P.O BOX 100 03/08/2018 03/08/2023 200 LATTA BROOK PARKHORSEHEADS NY 14845 DOL DOL JAMES B RHYNDERS 91 COLLEGE AVENUE 12/04/2015 12/04/2020 POUGHKEEPSIE NY 12603 DOL DOL JAMES C. DELGIACCO 722 8TH AVE 06/05/2018 06/05/2023 WATERVLIET NY 12189 DOL DOL JAMES E RHYNDERS 91 COLLEGE AVENUE 12/04/2015 12/04/2020 POUGHKEEPSIE NY 12603 DOL AG JAMES FALCONE SUITE 125 04/07/2016 04/07/2021 265 SUNRISE HIGHWAYROCKVILLE CENTRE NY 10457 DOL DOL JAMES LIACONE 9365 WASHINGTON ST 07/23/2018 07/23/2023 LOCKPORT IL 60441 DOL DOL JAMES RACHEL 9365 WASHINGTON ST 07/23/2018 07/23/2023 LOCKPORT IL 60441 DOL DOL JAMES RHYNDERS SR 91 COLLEGE AVENUE 12/04/2015 12/04/2020 POUGHKEEPSIE NY 12603 DOL DOL JASON W MILLIMAN C/O ROCHESTER 02/19/2016 02/19/2021 ACOUSTICAL P O BOX 799HILTON NY 14468 DOL DOL *****5368 JCH MASONRY & 35 CLINTON AVE 09/12/2018 09/12/2023 LANDSCAPING INC. OSSINING NY 10562 DOL NYC JENNIFER GUERRERO 1936 HEMPSTEAD TURNPIKE 11/29/2019 11/29/2024 EAST MEADOW NY 11554 DOL DOL JESSICA WHITESIDE C/O BRRESTORATION NY INC 09/12/2016 09/12/2021 140 ARCADIA AVENUEOSWEGO NY 13126 DOL AG JOHN ANTHONY MASSINO 36-49 204TH STREET 02/07/2018 02/07/2023 BAYSIDE NY 11372 DOL DOL JOHN F. CADWALLADER 200 LATTA BROOK PARK 03/08/2018 03/08/2023 HORSEHEADS NY 14845 DOL DOL *****4612 JOHN F. CADWALLADER, INC. THE GLASS P.O BOX 100 03/08/2018 03/08/2023 COMPANY 200 LATTA BROOK PARKHORSEHEADS NY 14845 DOL DOL JOHN GOCEK 14B COMMERCIAL AVE 11/14/2019 11/14/2024 ALBANY NY 12065 DOL AG *****0600 JOHNCO CONTRACTING, INC. 36-49 204TH STREET 02/07/2018 02/07/2023 BAYSIDE NY 11372 DOL DOL JON E DEYOUNG 261 MILL RD 07/29/2015 07/29/2020 P.O BOX 296EAST AURORA NY 14052 DOL DOL JON E DEYOUNG 261 MILL RD 05/29/2019 05/29/2024 P.O BOX 296EAST AURORA NY 14052 DOL DOL JORI PEDERSEN 415 FLAGER AVE 10/31/2018 10/31/2023 #302STUART FL 34994 DOL DOL JOSE CHUCHUCA 35 CLINTON AVE 09/12/2018 09/12/2023 OSSINING NY 10562 DOL AG JOSEPH FALCONE SUITE 125 04/07/2016 04/07/2021 265 SUNRISE HIGHWAYROCKVILLE CENTRE NY 10457 DOL NYC JOSEPH FOLEY 66-05 WOODHAVEN BLVD. 04/20/2017 04/20/2022 STE 2REGO PARK NY 11374 DOL DOL *****9273 JOSEPH M LOVETRO P O BOX 812 08/09/2016 08/09/2021 BUFFALO NY 14220 DOL NYC JOSEPH MARTINO 1535 RICHMOND AVENUE 12/13/2017 12/13/2022 STATEN ISLAND NY 10314 DOL DOL JOY MARTIN 2404 DELAWARE AVE 09/12/2018 09/12/2023 NIGARA FALLS NY 14305 DOL DOL JULIUS AND GITA BEHREND 5 EMES LANE 11/20/2002 11/20/3002 MONSEY NY 10952 295 Page 5 of 11
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Article 8
DOL DOL *****5062 K R F SITE DEVELOPMENT 375 LAKE SHORE DRIVE 01/23/2017 01/23/2022 INC PUTNAM VALLEY NY 10579 DOL NYC K.S. CONTRACTING CORP. 29 PHILLIP DRIVE 02/13/2017 02/13/2022 PARSIPPANY NJ 07054 DOL DOL KATIE BURDICK 2238 BAKER RD 03/12/2018 03/12/2023 GILLETT PA 16923 DOL DOL KENNETH FIORENTINO 375 LAKE SHORE DRIVE 01/23/2017 01/23/2022 PUTNAM VALLEY NY 10579 DOL DOL *****9732 KENT HOLLOW SIDING LLC 29A BRIDGE STREET 01/15/2016 01/15/2021 NEW MILFORD CT 06776 DOL DOL KIM SOROCENSKI C/O SOLUTION MATTERS INC 11/19/2015 11/19/2020 198 NORWOOD ROADPORT JEFFERSON NY 11776 DOL DOL *****3490 L & M 1079 YONKERS AVE 08/07/2018 08/07/2023 CONSTRUCTION/DRYWALL YONKERS NY 10704 INC. DOL DA *****8816 LAKE CONSTRUCTION AND 150 KINGS STREET 08/19/1998 08/19/2998 DEVELOPMENT BROOKLYN NY 11231 CORPORATION DOL AG *****4643 LALO DRYWALL, INC. 221 OLD FORD ROAD 05/20/2016 05/20/2021 NEW PLATZ NY 12561 DOL DOL *****4505 LARAPINTA ASSOCIATES INC 29 MAPLEWOOD DRIVE 02/21/2017 02/21/2022 BINGHAMTON NY 13901 DOL DOL LAVERN GLAVE 161 ROBYN RD 01/30/2018 01/30/2023 MONROE NY 10950 DOL DOL *****4388 LEN.J CONSTRUCTION, LLC PO BOX 10007 06/24/2016 09/19/2022 ALBANY NY 12201 DOL DOL *****4388 LEN.J CONSTRUCTION, LLC PO BOX 10007 06/24/2016 09/19/2022 ALBANY NY 12201 DOL DOL *****4388 LEN.J CONSTRUCTION, LLC PO BOX 10007 09/19/2017 09/19/2022 ALBANY NY 12201 DOL DOL *****4388 LEN.J CONSTRUCTION, LLC PO BOX 10007 09/19/2017 09/19/2022 ALBANY NY 12201 DOL DOL *****4388 LEN.J CONSTRUCTION, LLC PO BOX 10007 01/17/2017 09/19/2022 ALBANY NY 12201 DOL DOL *****4388 LEN.J CONSTRUCTION, LLC PO BOX 10007 09/19/2017 09/19/2022 ALBANY NY 12201 DOL DOL *****4388 LEN.J CONSTRUCTION, LLC PO BOX 10007 09/19/2017 09/19/2022 ALBANY NY 12201 DOL DOL *****4388 LEN.J CONSTRUCTION, LLC PO BOX 10007 08/14/2017 09/19/2022 ALBANY NY 12201 DOL DOL LEROY NELSON JR PO BOX 10007 09/19/2017 09/19/2022 ALBANY NY 12201 DOL DOL LEROY NELSON JR PO BOX 10007 09/19/2017 09/19/2022 ALBANY NY 12201 DOL DOL LEROY NELSON JR PO BOX 10007 09/19/2017 09/19/2022 ALBANY NY 12201 DOL DOL LEROY NELSON JR PO BOX 10007 09/19/2017 09/19/2022 ALBANY NY 12201 DOL DOL LEROY NELSON JR PO BOX 10007 08/14/2017 08/14/2022 ALBANY NY 12201 DOL DOL LEROY NELSON JR PO BOX 10007 01/17/2017 09/19/2022 ALBANY NY 12201 DOL DA *****4460 LONG ISLAND GLASS & 4 MANHASSET TRL 09/06/2018 09/06/2023 STOREFRONTS, LLC RIDGE NY 11961 DOL AG *****4216 LOTUS-C CORP. 81-06 34TH AVENUE 02/07/2018 02/07/2023 APT. 6EJACKSON HEIGHTS NY 11372 DOL NYC LUBOMIR PETER SVOBODA 27 HOUSMAN AVE 12/26/2019 12/26/2024 STATEN ISLAND NY 10303 DOL AG LUIS MARTINEZ LALO 211 MAIN ST. 05/20/2016 05/20/2021 DRYWALL NEW PALTZ NY 12561 DOL NYC M & L STEEL & ORNAMENTAL 27 HOUSMAN AVE 12/26/2019 12/26/2024 IRON CORP. STATEN ISLAND NY 10303 DOL DOL M ANVER BEIG 142 EAST MARKET STREET 03/07/2017 03/07/2022 LONG BEACH NY 11561 DOL AG *****6957 M B DIN CONSTRUCTION INC 8831 20TH AVENUE/SUITE 6E 11/17/2015 11/17/2020 BROOKLYN NY 11214 DOL DOL M. ANVER BEIG 142 EAST MARKET STREET 03/07/2017 03/07/2022 LONG BEACH NY 11561 DOL NYC *****9590 MACK GLASSNAUTH IRON 137 LIBERTY AVENUE 12/21/2015 12/21/2020 WORKS INC BROOKLYN NY 11212 DOL DOL *****1784 MADISON AVE 39 PENNY STREET 11/02/2016 11/02/2021 CONSTRUCTION CORP WEST ISLIP NY 11795
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DOL DOL MALARKEY'S BAR & GRILL 64 VICTORIA DRIVE 02/04/2016 02/04/2021 LLC BINGHAMTON NY 13904 DOL DOL *****0705 MALARKEY'S PUB & GRUB 64 VICTORIA DRIVE 02/04/2016 02/04/2021 LLC BINGHAMTON NY 13904 DOL DA MANUEL P TOBIO 150 KINGS STREET 08/19/1998 08/19/2998 BROOKLYN NY 14444 DOL DA MANUEL TOBIO 150 KINGS STREET 08/19/1998 08/19/2998 BROOKLYN NY 11231 DOL NYC MAREK FABIJANOWSKI 50 MAIN ST 01/04/2019 01/04/2024 WHITE PLAINS NY 10606 DOL DOL MARIACHI'S PIZZERIA C/O DOUGLAS L MALARKEY 02/04/2016 02/04/2021 64 VICTORIA DRIVEBINGHAMTON NY 13904 DOL DOL MARK MIONIS 6409 LAND O LAKES BLVD 11/10/2015 11/10/2020 LAND O LAKES FL 34638 DOL NYC MARTINE ALTER 1010 NORTHERN BLVD. 03/09/2017 03/09/2022 GREAT NECK NY 11021 DOL DOL MARVIN A STURDEVANT 29 MAPLEWOOD DRIVE 02/21/2017 02/21/2022 BINGHAMTON NY 13901 DOL DOL MASONRY CONSTRUCTION, 442 ARMONK RD 06/12/2018 06/12/2023 INC. MOUNT KISCO NY 10549 DOL DOL *****3333 MASONRY INDUSTRIES, INC. 442 ARMONK RD 06/12/2018 06/12/2023 MOUNT KISCO NY 10549 DOL NYC MATINA KARAGIANNIS 97-18 50TH AVE 04/19/2018 04/19/2023 CORONA NY 11368 DOL DOL MATTHEW IDEMA GENERAL 91 COLLEGE AVENUE 12/04/2015 12/04/2020 CONTRACTORS INC POUGHKEEPSIE NY 12603 DOL DOL MATTHEW P. KILGORE 4156 WILSON ROAD EAST 03/26/2019 03/26/2024 TABERG NY 13471 DOL DOL MAURICE GAWENO 442 ARMONK RD 06/12/2018 06/12/2023 MOUNT KISCO NY 10549 DOL DOL *****6416 MCCALL MASONRY P O BOX 304 08/09/2016 08/09/2021 SAYRE PA 18840 DOL DOL MCLEAN "MIKKI BEANE" 1229 JAMES STREET 05/02/2017 05/02/2022 SYRACUSE NY 13203 DOL DOL MCLEAN "MIKKI" DRAKE 1229 JAMES STREET 05/02/2017 05/02/2022 SYRACUSE NY 13203 DOL DOL MCLEAN M DRAKE-BEANE 1229 JAMES STREET 05/02/2017 05/02/2022 SYRACUSE NY 13203 DOL DOL *****9445 MCLEAN M WALSH ELITE 1229 JAMES STREET 05/02/2017 05/02/2022 PROFESSION SYRACUSE NY 13203 AL PAINTING OF CNY DOL DOL *****9445 MCLEAN M WALSH ELITE 1229 JAMES STREET 05/02/2017 05/02/2022 PROFESSION SYRACUSE NY 13203 AL PAINTING OF CNY DOL NYC *****5330 METRO DUCT SYSTEMS INC 1219 ASTORIA BOULEVARD 04/16/2014 11/19/2020 LONG ISLAND CITY NY 11102 DOL DOL MICHAEL A PASCARELLA SUITE 100 01/06/2016 01/06/2021 2105 WEST GENESEE STREET SYRACUSE NY 13219 DOL NYC MICHAEL HIRSCH C/O MZM CORP 01/28/2016 01/28/2021 163 S MAIN STREETNEW CITY NY 10956 DOL DOL MICHAEL LENIHAN 1079 YONKERS AVE 08/07/2018 08/07/2023 UNIT 4YONKERS NY 10704 DOL AG MICHAEL RIGLIETTI 31 BAY ST 03/28/2018 03/28/2023 BROOKLYN NY 11231 DOL DOL MICHAEL WILSON WILSON 36 ABERSOLD STREET 08/31/2015 08/31/2020 BROTHER ROCHESTER NY 14621 DRYWALL CONTRACTOR S DOL DOL *****4829 MILESTONE ENVIRONMENTAL 704 GINESI DRIVE 04/10/2019 04/10/2024 CORPORATION SUITE 29MORGANVILLE NJ 07751 DOL NYC *****9926 MILLENNIUM FIRE 325 W. 38TH STREET 11/14/2019 11/14/2024 PROTECTION, LLC SUITE 204NEW YORK NY 10018 DOL NYC *****0627 MILLENNIUM FIRE SERVICES, 14 NEW DROP LNE 11/14/2019 11/14/2024 LLC 2ND FLOORSTATEN ISLAND NY 10306 DOL AG MOHAMMED N CHATHA 8831 20TH AVENUE/SUITE 6E 11/17/2015 11/17/2020 BROOKLYN NY 11214 DOL DOL *****2737 MOUNTAIN'S AIR INC 2471 OCEAN AVENUE- STE 7A 09/24/2012 09/18/2020 BROOKLYN NY 11229 297 Page 7 of 11
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Article 8
DOL NYC *****3826 MOVING MAVEN OF NY, INC. 1010 NORTHERN BLVD. 03/09/2017 03/09/2022 GREAT NECK NY 11021 DOL NYC *****3550 MOVING MAVEN, INC 1010 NORTHERN BLVD. 03/09/2017 03/09/2022 GREAT NECK NY 11021 DOL AG MSR ELECTRICAL 31 BAY ST 03/28/2018 03/28/2023 CONSTRUCTION CORP. BROOKLYN NY 11231 DOL DOL MUHAMMAD BEIG 142 EAST MARKET STREET 03/07/2017 03/07/2022 LONG BEACH NY 11561 DOL DOL MUHAMMAD BEIG 142 EAST MARKET STREET 03/07/2017 03/07/2022 LONG BEACH NY 11561 DOL DOL MUHAMMAD PERVAIZ C/O CHAMPION 11/18/2015 11/18/2020 CONSTRUCTION 2131 SCHENECTADY AVENUEBROOKLYN NY 11234 DOL NYC *****3613 MZM CORP 163 S MAIN STREET 01/28/2016 01/28/2021 NEW CITY NY 10956 DOL DA *****9786 NATIONAL INSULATION & GC 180 MILLER PLACE 12/12/2018 12/12/2023 CORP HICKSVILLE NY 11801 DOL NYC *****4839 NEW YORK RIGGING CORP 58-83 54TH STREET 02/26/2016 02/26/2021 MASPETH NY 11378 DOL NYC NICHOLAS FILIPAKIS 7113 FORT HAMILTON 12/09/2016 12/09/2021 PARKWA BROOKLYN NY 11228 DOL DOL *****6966 NORTH COUNTRY DRYWALL 23167 COUNTY ROUTE 59 10/24/2016 10/24/2021 AND PAINT DEXTER NY 13634 DOL DOL *****0065 NORTHEAST LANDSCAPE 3 WEST MAIN ST/SUITE 208 01/23/2017 01/23/2022 AND MASONRY ASSOC ELMSFORD NY 10523 DOL DOL *****1845 OC ERECTERS, LLC A/K/A OC 1207 SW 48TH TERRACE 01/16/2018 01/16/2023 ERECTERS OF NY INC. DEERFIELD BEACH FL 33442 DOL NYC *****0818 ONE TEN RESTORATION, INC. 2366 61ST ST 12/15/2016 12/15/2021 BROOKLYN NY 11204 DOL NYC ORSON ARROYO C/O METRO DUCT SYSTEMS 04/16/2014 11/19/2020 12-19 ASTORIA BOULEVARDLONG ISLAND CITY NY 11102 DOL NYC PARESH SHAH 29 PHILLIP DRIVE 02/13/2017 02/13/2022 PARSIPPANY NJ 07054 DOL NYC *****9422 PELIUM CONSTRUCTION, INC. 22-33 35TH ST. 12/30/2016 12/30/2021 ASTORIA NY 11105 DOL DOL PETER M PERGOLA 3 WEST MAIN ST/SUITE 208 01/23/2017 01/23/2022 ELMSFORD NY 10523 DOL DOL PIERRE LAPORT 224 COUNTY HIGHWAY 138 03/07/2017 03/07/2022 BROADALBIN NY 12025 DOL DOL *****1543 PJ LAPORT FLOORING INC 224 COUNTY HIGHWAY 138 03/07/2017 03/07/2022 BROADALBIN NY 12025 DOL NYC *****5771 PMJ ELECTRICAL CORP 7113 FORT HAMILTON 12/09/2016 12/09/2021 PARKWA BROOKLYN NY 11228 DOL DOL *****0466 PRECISION BUILT FENCES, 1617 MAIN ST 03/03/2020 03/03/2025 INC. PEEKSKILL NY 10566 DOL NYC *****4532 PROFESSIONAL PAVERS 66-05 WOODHAVEN BLVD. 04/20/2017 04/20/2022 CORP. REGO PARK NY 11374 DOL DA *****6817 QUADRANT METAL 2740 SW MARTIN DOWNS 08/25/2016 08/25/2021 BUILDINGS LLC BLVD PALM CITY FL 34990 DOL NYC RAMESHWAR ASU 137 LIBERTY AVENUE 12/21/2015 12/21/2020 BROOKLYN NY 11212 DOL DOL *****1068 RATH MECHANICAL 24 ELDOR AVENUE 02/03/2020 02/03/2025 CONTRACTORS, INC. NEW CITY NY 10956 DOL DOL *****2633 RAW POWER ELECTRIC CORP 3 PARK CIRCLE 01/30/2018 01/30/2023 MIDDLETOWN NY 10940 DOL AG *****7015 RCM PAINTING INC. 69-06 GRAND AVENUE 02/07/2018 02/07/2023 2ND FLOORMASPETH NY 11378 DOL DOL REGINALD WARREN 161 ROBYN RD 01/30/2018 01/30/2023 MONROE NY 10950 DOL NYC *****3461 RELIANCE GENERAL 644 OCEAN PARKWAY 09/02/2015 09/02/2020 CONSTRUCTION INC BROOKLYN NY 11230 DOL DA RIANN MULLER 2740 SW MARTIN DOWNS 08/25/2016 08/25/2021 BLVD PALM CITY FL 34990 DOL DOL *****9148 RICH T CONSTRUCTION 107 WILLOW WOOD LANE 11/13/2018 11/13/2023 CAMILLUS NY 13031 DOL DOL RICHARD MACONE 8617 THIRD AVE 09/17/2018 09/17/2023 BROOKLYN NY 11209
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NYSDOL Bureau of Public Work Debarment List 07/28/2020
Article 8
DOL DOL RICHARD REGGIO 1617 MAIN ST 03/03/2020 03/03/2025 PEEKSKILL NY 10566 DOL DOL *****9148 RICHARD TIMIAN RICH T 108 LAMONT AVE 10/16/2018 10/16/2023 CONSTRUCTI SYRACUSE NY 13209 ON DOL DOL RICHARD TIMIAN JR. 108 LAMONT AVE 10/16/2018 10/16/2023 SYRACUSE NY 13209 DOL DOL RICHARD TIMIAN JR. 108 LAMONT AVE 11/13/2018 11/13/2023 SYRACUSE NY 13209 DOL DOL ROBBYE BISSESAR 89-51 SPRINGFIELD BLVD 01/11/2003 01/11/3003 QUEENS VILLAGE NY 11427 DOL DOL ROBERT A. VALERINO 3841 LANYARD COURT 07/09/2019 07/09/2024 NEW PORT RICHEY FL 34652 DOL DOL ROBERT BRUNO 3 GAYLORD ST 11/15/2016 11/15/2021 AUBURN NY 13021 DOL DOL ROBERT BRUNO 5 MORNINGSIDE DRIVE 05/28/2019 05/28/2024 AUBURN NY 13021 DOL NYC ROBERT HOHMAN 149 FIFTH AVE 12/29/2016 12/29/2021 NEW YORK NY 10010 DOL DOL *****3859 ROCHESTER ACOUSTICAL P O BOX 799 02/19/2016 02/19/2021 CORP HILTON NY 14468 DOL DOL RODERICK PUGH 404 OAK ST 07/23/2018 07/23/2023 SUITE 101SYRACUSE NY 13203 DOL DOL *****4880 RODERICK PUGH 404 OAK ST 07/23/2018 07/23/2023 CONSTRUCTION INC. SUITE 101SYRACUSE NY 13203 DOL NYC RODNEY SCOTT 201 HEMPSTEAD AVE 10/30/2015 10/30/2020 WEST HEMPSTEAD NY 11552 DOL DOL ROMEO WARREN 161 ROBYN RD 01/30/2018 01/30/2023 MONROE NY 10950 DOL DOL RONALD MESSEN 14B COMMERCIAL AVE 11/14/2019 11/14/2024 ALBANY NY 12065 DOL DOL ROSEANNE CANTISANI 06/12/2018 06/12/2023
DOL DOL RYAN ALBIE 21 S HOWELLS POINT ROAD 02/21/2017 02/21/2022 BELLPORT NY 11713 DOL DOL *****3347 RYAN ALBIE CONTRACTING 21 S HOWELLS POINT ROAD 02/21/2017 02/21/2022 INC BELLPORT NY 11713 DOL DOL *****1365 S & L PAINTING, INC. 11 MOUNTAIN ROAD 03/20/2019 03/20/2024 P.O BOX 408MONROE NY 10950 DOL DOL *****7730 S C MARTIN GROUP INC. 2404 DELAWARE AVE 09/12/2018 09/12/2023 NIAGARA FALLS NY 14305 DOL NYC SABIR MUHAMMED SUITE B-8 04/21/2016 04/21/2021 782 PELHAM PARKWAY SOUTHBRONX NY 10462 DOL DOL SALVATORE A FRESINA 08/26/2016 08/26/2021
DOL DOL SAM FRESINA 08/26/2016 08/26/2021
DOL NYC *****0349 SAM WATERPROOFING INC 168-42 88TH AVENUE 11/20/2019 11/20/2024 APT.1 AJAMAICA NY 11432 DOL NYC SANDEEP BOPARAI 185-06 56TH AVE 10/17/2017 10/17/2022 FRESH MEADOW NY 11365 DOL NYC *****2117 SCOTT ELECTRICAL SERVICE, 201 HEMPSTEAD AVE 10/30/2015 10/30/2020 LLC. WEST HEMPSTEAD NY 11552 DOL DOL *****9751 SCW CONSTRUCTION 544 OLD ROUTE 23 02/14/2017 02/14/2022 ACRE NY 12405 DOL AG SERGIO RAYMUNDO 109 DUBOIS RD. 05/20/2016 05/20/2021 NEW PALTZ NY 12561 DOL NYC *****6597 SHAIRA CONSTRUCTION 421 HUDSON STREET 02/20/2019 02/20/2024 CORP. SUITE C5NEW YORK NY 10014 DOL DOL *****1961 SHANE BURDICK CENTRAL 2238 BAKER ROAD 03/12/2018 03/12/2023 TRAFFIC GILLETT PA 16923 CONTROL, LLC. DOL DOL SHANE BURDICK 2238 BAKER ROAD 03/12/2018 03/12/2023 GILLETT PA 16923 DOL DOL SHANE NOLAN 9365 WASHINGTON ST 07/23/2018 07/23/2023 LOCKPORT IL 60441 DOL DOL SHULEM LOWINGER 11 MOUNTAIN ROAD 03/20/2019 03/20/2024 28 VAN BUREN DRMONROE NY 10950 DOL DOL *****0816 SOLAR ARRAY SOLUTIONS, 9365 WASHINGTON ST 07/23/2018 07/23/2023 LLC LOCKPORT IL 60441 299 Page 9 of 11
NYSDOL Bureau of Public Work Debarment List 07/28/2020
Article 8
DOL DOL *****4025 SOLUTION MATTERS INC 198 NORWOOD ROAD 11/19/2015 11/19/2020 PORT JEFFERSON NY 11776 DOL DOL *****2221 SOUTH BUFFALO ELECTRIC, 1250 BROADWAY ST 02/03/2020 02/03/2025 INC. BUFFALO NY 14212 DOL DOL *****3496 STAR INTERNATIONAL INC 89-51 SPRINGFIELD BLVD 08/11/2003 08/11/3003 QUEENS VILLAGE NY 11427 DOL DOL *****6844 STEAM PLANT AND CHX 14B COMMERCIAL AVENUE 11/14/2019 11/14/2024 SYSTEMS INC. ALBANY NY 12065 DOL DOL *****9933 STEED GENERAL 1445 COMMERCE AVE 05/30/2019 05/30/2024 CONTRACTORS, INC. BRONX NY 10461 DOL DOL STEFANOS PAPASTEFANOU, 256 WEST SADDLE RIVER RD 05/30/2019 05/30/2024 JR. A/K/A STEVE UPPER SADDLE RIVER NJ PAPASTEFANOU, JR. 07458 DOL DOL *****9751 STEPHEN C WAGAR 544 OLD ROUTE 23 02/14/2017 02/14/2022 ACRE NY 12405 DOL DOL STEVE TATE 415 FLAGER AVE 10/31/2018 10/31/2023 #302STUART FL 34994 DOL NYC STEVEN GOVERNALE 601 PORTION RD 11/18/2016 11/18/2021 RONKONKOMA NY 11779 DOL DOL STEVEN MARTIN 2404 DELWARE AVE 09/12/2018 09/12/2023 NIAGARA FALLS NY 14305 DOL DOL STEVEN P SUCATO 15-68 208TH STREET 06/23/2016 06/23/2021 BAYSIDE NY 11360 DOL DOL STEVEN TESTA 50 SALEM STREET - BLDG B 01/23/2017 01/23/2022 LYNNFIELD MA 01940 DOL NYC *****9432 SUBLINK LTD 346 THIRD AVENUE 11/19/2015 11/19/2020 PELHAM NY 10803 DOL NYC *****5863 SUKHMANY CONSTRUCTION, 185-06 56TH AVE 10/17/2017 10/17/2022 INC. FRESH MEADOW NY 11365 DOL DOL *****1060 SUNN ENTERPRISES GROUP, 370 W. PLEASANTVIEW AVE 02/11/2019 02/11/2024 LLC SUITE 2.329HACKENSACK NJ 07601 DOL DOL *****8209 SYRACUSE SCALES, INC. 158 SOLAR ST 01/07/2019 01/07/2024 SYRACUSE NY 13204 DOL DOL TALAILA OCAMPA 1207 SW 48TH TERRACE 01/16/2018 01/16/2023 DEERFIELD BEACH FL 33442 DOL DOL *****9852 TAP STEEL INC ROUTE 26 3101 01/28/2016 01/28/2021 P O BOX 457CONSTABLEVILLE NY 13325 DOL DOL TERRY THOMPSON 11371 RIDGE RD 02/03/2020 02/03/2025 WOLCOTT NY 14590 DOL DOL TEST P.O BOX 123 05/20/2020 05/20/2025 ALBANY NY 12204 DOL DOL *****5570 TESTA CORP 50 SALEM STREET - BLDG B 01/23/2017 01/23/2022 LYNNFIELD MA 01940 DOL DOL *****5766 THE COKER CORPORATION COKER 2610 SOUTH SALINA ST 12/04/2018 12/04/2023 CORPORATIO SUITE 14SYRACUSE NY 13205 N DOL DOL *****8174 THE DALRYMPLE UNIT 278 12/01/2015 12/01/2020 CORPORATION 541 10TH STREET NWATLANTA GA 30318 DOL DOL *****8174 THE DALRYMPLE GROUP LLC 289 JONESBORO RD/ STE 216 12/01/2015 12/01/2020 MCDONOUGH GA 30253 DOL DOL TIMOTHY A PALUCK C/O TAP STEEL INC 01/28/2016 01/28/2021 RTE 26 3101/ P O BOX 457CONSTABLEVILLE NY 13325 DOL DOL *****3453 TORCHIA'S HOME 10153 ROBERTS RD 08/09/2016 08/09/2021 IMPROVEMENT SAUQUOIT NY 13456 DOL DOL *****8311 TRIPLE B FABRICATING, INC. 61 WILLETT ST. 10/26/2016 10/26/2021 PASSAIC NJ 07503 DOL DOL *****9407 TURBO GROUP INC 15-68 208TH STREET 06/23/2016 06/23/2021 BAYSIDE NY 11360 DOL DOL *****6392 V.M.K CORP. 8617 THIRD AVE 09/17/2018 09/17/2023 BROOKLYN NY 11209 DOL NYC VALERIE VISCONTI 346 THIRD AVENUE 11/19/2015 11/19/2020 PELHAM NY 10803 DOL NYC *****7361 VIABLE HOLDINGS, INC. MOVING 1010 NORTHERN BLVD. 03/09/2017 03/09/2022 MAVEN GREAT NECK NY 11021 DOL DOL VICTOR ALICANTI 42-32 235TH ST 01/14/2019 01/14/2024 DOUGLASTON NY 11363 DOL DOL VICTOR ROTENBERG C/O GMDV TRANS INC 06/24/2016 06/24/2021 67048 182ND STREETFRESH MEADOWS NY 11365 DOL NYC VIKTAR PATONICH 2630 CROPSEY AVE 10/30/2018 10/30/2023 BROOKLYN NY 11214 300 Page 10 of 11
NYSDOL Bureau of Public Work Debarment List 07/28/2020
Article 8
DOL DOL VIKTORIA RATH 24 ELDOR AVENUE 02/03/2020 02/03/2025 NEW CITY NY 10956 DOL NYC VITO GARGANO 1535 RICHMOND AVE 12/13/2017 12/13/2022 STATEN ISLAND NY 10314 DOL NYC *****3673 WALTERS AND WALTERS, 465 EAST AND THIRD ST 09/09/2019 09/09/2024 INC. MT. VERNON NY 10550 DOL DOL WAYNE LIVINGSTON JR NORTH 23167 COUNTY ROUTE 59 10/24/2016 10/24/2021 COUNTRY DEXTER NY 13634 DRYWALL AND PAINT DOL DOL *****3296 WESTERN NEW YORK 3841 LAYNARD COURT 07/09/2019 07/09/2024 CONTRACTORS, INC. NEW PORT RICHEY FL 34652 DOL DOL WHITE PLAINS CARPENTRY 442 ARMONK RD 06/12/2018 06/12/2023 CORP DOL DOL WILLIAM C WATKINS 1229 JAMES STREET 05/02/2017 05/02/2022 SYRACUSE NY 13203 DOL DOL WILLIAM DEAK C/O MADISON AVE CONSTR 11/02/2016 11/02/2021 CO 39 PENNY STREETWEST ISLIP NY 11795 DOL DOL *****6195 WILSON BROTHER DRYWALL 36 ABERSOLD STREET 08/31/2015 08/31/2020 CONTRACTORS ROCHESTER NY 14621 DOL DOL *****4043 WINDSHIELD INSTALLATION 200 LATTA BROOK PARK 03/08/2018 03/08/2023 NETWORK, INC. HORSEHEADS NY 14845 DOL DOL *****4730 XGD SYSTEMS, LLC TDI GOLF 415 GLAGE AVE 10/31/2018 10/31/2023 #302STUART FL 34994 DOL DOL *****7345 YES SERVICE AND REPAIRS 145 LODGE AVE 08/09/2016 08/09/2021 CORPORATION HUNTINGTON STATION NY 11476 DOL DOL YURIY IVANIN C/O MOUNTAIN'S AIR INC 09/24/2012 09/18/2020 2471 OCEAN AVENUE-STE 7ABROOKLYN NY 11229 DOL NYC ZAKIR NASEEM 30 MEADOW ST 10/10/2017 10/10/2022 BROOKLYN NY 11206
DOL NYC *****8277 ZHN CONTRACTING CORP 30 MEADOW ST 10/10/2017 10/10/2022 BROOKLYN NY 11206
301 Page 11 of 11 302 FEDERAL WAGE DETERMINATION
FEDERAL PREVAILING WAGE SCHEDULE
Location: Cayuga County in New York
Project Type: South Street (NYS Route 34) Corridor Enhancement Project, PIN 3950.54
Construction Type: Building, Heavy and Highway
Davis-Bacon Act WD# : NY20200036 (NY36)
Last Revised Date: 08/28/2020
The Davis-Bacon Wage Determinations are wage determinations issued by the U.S. Department of Labor under the Davis-Bacon and related Acts. The Wage and Hour Division of the U.S. Department of Labor determines prevailing wage rates to be paid on federally funded or assisted construction projects. It is the responsibility of the federal agency that funds or financially assists Davis-Bacon covered construction projects to ensure that the proper Davis-Bacon wage determination(s) is/are applied to such construction contract(s).
The current schedule(s) of the prevailing rates and prevailing hourly supplements for the project referenced above may be accessed through the Internet at:
https://beta.sam.gov/
Davis-Bacon wage determinations can be located by clicking on “Search Wage Determination” and entering “NY36” into the search dialog box located under “Search by WD Number”.
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304 "General Decision Number: NY20200036 08/28/2020
Superseded General Decision Number: NY20190036
State: New York
Construction Types: Building, Heavy and Highway
County: Cayuga County in New York.
BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) HEAVY AND HGIGHWAY CONSTRUCTION PROJECTS.
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/03/2020 1 02/28/2020 2 03/13/2020 3 03/20/2020 4 04/10/2020 5 06/19/2020 6 07/17/2020 7 07/31/2020 8 08/28/2020
ASBE0030-001 05/01/2020
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Asbestos/Insulator Worker includes application of all materials, protective coverings, coatings and finishings to all types of mechanical systems. Also the application of firestopping material to 305 openings and penetrations in walls, floors, ceilings, curtain walls and all lead abatement...... $ 33.50 23.79 HAZARDOUS MATERIAL HANDLER SCOPE OF WORK: DUTIES LIMITED TO preparation, wetting, stripping, removal, scrapping, vacuuming, bagging, and disposing of all insulation materials, whether they contain asbestos or not from mechanical system...... $ 33.50 23.79 ------BOIL0175-001 01/01/2017
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BOILERMAKER...... $ 31.03 25.37 ------* BRNY0002-014 07/01/2020
SYRACUSE CHAPTER
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BRICKLAYER BRICKLAYERS, STONEMASONS, CEMENT MASONS, PLASTERERS, POINTER, CLEANERS & CAULKERS...... $ 35.15 21.03 MARBLE, TILE AND TERRAZZO FINISHERS...... $ 25.92 18.71 MARBLE, TILE, AND TERRAZZO WORKERS...... $ 32.22 19.31 ------BRNY0002-015 06/01/2018
HEAVY & HIGHWAY CONSTRUCTION
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CEMENT MASON/CONCRETE FINISHER...$ 37.23 19.51+a
FOOTNOTE: a. Paid Holidays: Memorial Day, July the 4th, Labor Day, Thanksgiving Day (provided the employee is employed one day before and one day after the holiday).
------CARP0277-014 07/01/2019
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CARPENTER BUILDING CONSTRUCTION Carpenter, Carpet Layer, Drywall Applicator, Floor Layer, Lather, Millwrights and Piledrivers...... $ 26.80 18.96 HEAVY & HIGHWAY CONSTRUCTION 306 Carpenter...... $ 31.23 22.75 ------ELEC0043-009 06/01/2019
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Electricians: ENTIRE COUNTY, except Township of Genoa CABLE SPLICING...... $ 42.60 26.19 ELECTRICIANS...... $ 38.75 26.08 ------ELEC0241-004 06/01/2019
REMAINDER OF COUNTY
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ELECTRICIAN...... $ 34.25 27.73 ------ELEC1249-003 05/06/2019
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ELECTRICIAN (LINE CONSTRUCTION: LIGHTING AND TRAFFIC SIGNAL Including any and all Fiber Optic Cable necessary for Traffic Signal Systems, Traffic Monitoring systems and Road Weather information systems) Flagman...... $ 27.00 6.75%+24.15 Groundman (Truck Driver)....$ 36.00 6.75%+24.15 Groundman Truck Driver (tractor trailer unit)...... $ 36.00 6.75%+24.15 Lineman & Technician...... $ 45.00 6.75%+24.15 Mechanic...... $ 36.00 6.75%+24.15
FOOTNOTE:
a. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, plus President's Day, Good Friday, Decoration Day, Election Day for the President of the United States and Election Day for the Governor of the State of New York, provided the employee works the day before or the day after the holiday.
------ELEC1249-004 05/06/2019
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ELECTRICIAN (Line Construction) Overhead and underground distribution and maintenance work and all overhead and underground transmission line work including any and all fiber optic ground wire, fiber optic shield wire or any other like product by any other name 307 manufactured for the dual purpose of ground fault protection and fiber optic capabilities : Flagman...... $ 31.23 6.75%+24.15 Groundman digging machine operator...... $ 46.85 6.75%+24.15 Groundman truck driver (tractor trailer unit).....$ 41.64 6.75%+24.15 Groundman Truck driver.....$ 41.64 6.75%+24.15 Lineman and Technician.....$ 52.05 6.75%+24.15 Mechanic...... $ 41.64 6.75%+24.15 Substation: Cable Splicer...... $ 57.26 6.75%+24.15 Flagman...... $ 31.23 6.75%+24.15 Ground man truck driver....$ 41.64 6.75%+24.15 Groundman digging machine operator...... $ 46.85 6.75%+24.15 Groundman truck driver (tractor trailer unit).....$ 41.64 6.75%+24.15 Lineman & Technician...... $ 52.05 6.75%+24.15 Mechanic...... $ 41.64 6.75%+24.15 Switching structures; railroad catenary installation and maintenance, third rail type underground fluid or gas filled transmission conduit and cable installations (including any and all fiber optic ground product by any other name manufactured for the dual purpose of ground fault protection and fiber optic capabilities), pipetype cable installation and maintenance jobs or projects, and maintenance bonding of rails; Pipetype cable installation Cable Splicer...... $ 58.71 6.75%+24.15 Flagman...... $ 32.02 6.75%+24.15 Groundman Digging Machine Operator...... $ 48.03 6.75%+24.15 Groundman Truck Driver (tractor-trailer unit).....$ 42.70 6.75%+24.15 Groundman Truck Driver.....$ 42.70 6.75%+24.15 Lineman & Technician...... $ 53.37 6.75%+24.15 Mechanic...... $ 42.70 6.75%+24.15
FOOTNOTE:
a. PAID HOLIDAYS: New Year's Day, Presidents' Day, Memorial Day, Good Friday, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and Election Day for the President of the United States and Election Day for the Governor of New York State, provided the employee works two days before or two days after the holiday.
------ELEC1249-008 01/01/2019
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ELECTRICIAN (Line Construction) TELEPHONE, CATV FIBEROPTICS CABLE AND EQUIPMENT Cable splicer...... $ 32.78 3%+4.93 Groundman...... $ 16.49 3%+4.93 Installer Repairman- Teledata Lineman/Technician- Equipment Operator...... $ 31.12 3%+4.93 Tree Trimmer...... $ 25.79 3%+9.98+a
a. New Year's Day, President's Day, Good Friday, Decoration Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day.
------ENGI0545-001 07/01/2017
BUILDING
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Power equipment operators: GROUP 1...... $ 36.84 23.80+a GROUP 2...... $ 34.78 23.80+a GROUP 3...... $ 30.68 23.80+a GROUP 4...... $ 38.84 23.80+a
POWER EQUIPMENT OPERATOR CLASSIFICATIONS (BUILDING)
GROUP 1: Air plako, asphalt and blacktop roller, automated concrete spreader (CMI or equivalent), automated fine grade machine (CMI), backhoe, elt palcer, blacktop spreader (such as barber Green & Blaw Knox), blacktop plant (automated), blast or rotary drill (truck or cat mounted), boom truck, cableway, caisson auger, central mix plant (automated), cherry picker (15 tons), concrete pump, crane, crusher (rock), derrick, diesel power unit, dragline, dredge, dual drum paver, elevating grader (self-propelled), elevator hoist (2 cage), excavator (all purpose-hydraulically operated), fork lift (loed and lull and other rough terrain type), front end loader (4 c.y. and over), gradall, grader (power), head tower (Saurman or equal), host ( 2 or 3 drum), hydroblaster (laser pump), work boat operator (LCM), light plants (compressors and generators), locomotive,maintenance engineer, maintenance welder, mine hoist, mucking machine or mole, overhead crane -fixed permanent, pile driver, quarry master or equivalent, refrigeration equipment (for soil stabilization), scraper sea mule, shovel, side boom, slip form paver, straddle buggy (ross carrier, lumber carrier), tractor drawn belt type loader (Euclid loader), tranching machine (digging capacity of over 4 ft depth), truck crane (operator), truck of trailer mounted log chipper (self feeder), tug operator (manned, rented equipment excluded), tunnel shovel, vibro or sonic hammer controls (when not mounted in proximity to the rig operator
GROUP 2: ""A"" frame truck, blacktop plant (non automatic), All Back Dumps, Boring machine, bulldozer, cagehoist, central mix plant (non automated),cherry picker 15 tons and under), than 5), concrete paver (single drum over 16S), 309 core boring machine, drill rigs (tractor mounted), elevator (as a material hoist), fork lift (all others), front end loader (under 4 c.y.), gunite machine, high pressure boiler 915 lbs & over), hoist (one drum), hydraulic breaking hammer (drop hammer), Kolman plant loader (screening gravel), maintenance grease man, mizer for stabilized base (self propelled Seaman mixer), monrail machine, parapet concrete or pavement grinder, parts man, post hole digger (truck or tractor mounted), power sweeper (wayne or similar), grout pump, pump- crete or sqeeze-crete, road widener (front end of grader or self prop.), roller, self contained hydraulic bench drill, shell winder (motorized), snorkel (overhead arms), snowblower control man, trenching machine (digging capacity of 4 ft or less), tugger hoist, vibrotamp, well drill, well point system, winch (motor driven), winch cat, winch truck
GROUP 3: Compressor (up to 500 C.F.), concrete pave ror mixer (under 16S), concrete pavement spreaders and finishers (not automated), conveyor (over 12 ft), electric submersible pump (4"" and over), farm tractor with or without accessories, fine grade machine (not automated), fireman, form tamper, generator (2,500 Watts and over), hydraulic pump, mechanical heaters (more than 2 whosw combined output exceeds 640,000 BTU per hour (manufacturer's rating) plus one self contained heating unit (sundog, air heat type, new Holland hay dryer type excluded), power heaterman (hay dryer), pumps (water and trash), revinus widener (road widener), single light plant, steam cleaner or jenny, tractor with or without towed accessories
GROUP 4: Master mechanic
PREMIUMS: Hazmat Work 2.50 Quad 9 Bulldozer or Multibowl Scraper .50
CRANE PREMIUMS (add to Group 1 Rate):
All Lattice Boom Cranes (65 ton (capacity) and over Group 1 Rate Plus 2.00 All Hydraulic Cranes (100 ton capacity) and over Group 1 Rate Plus 2.00 All Hydraulic Cranes (80 ton capacity to 99 ton capacity) Group 1 Rate Plus 1.50 All Hydraulic Cranes (65 ton capacity to 79 ton capacity) Group 1 Rate Plus 1.35
FOOTNOTE:
a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day provided the employee has worked five consecutive working days before and the working day after the holiday.
------ENGI0545-010 07/01/2017
HEAVY & HIGHWAY
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Power equipment operators: GROUP 1...... $ 40.80 25.15+a 310 GROUP 2...... $ 39.92 25.15+a GROUP 3...... $ 36.64 25.15+a GROUP 4...... $ 44.80 25.15+a GROUP 5...... $ 43.80 25.15+a GROUP 6...... $ 42.80 25.15+a GROUP 7...... $ 42.15 25.15+a
POWER EQUIPMENT OPERATORS CLASSIFICATIONS (HEAVY & HIGHWAY)
GROUP 1: Asphalt Curb Machine, Self Propelled, Slipform, Automated Concrete Spreader (CMI Type), Automatic Fine Grader, Backhoe (Except Tractor Mounted, Rubber Tired), Backhoe Excavator Full Swing (CAT 212 or similar type), Back Filling Machine, Belt Placer (CMI Type), Blacktop Plant (Automated), Boom truck , Cableway, Caisson Auger, Central Mix Concrete Plant (Automated), Concrete Curb Machine, Self Propelled, Slipform, Concrete Pump, Crane, Cherry Picker, Derricks (steel erection), Dragline, Overhead Crane (Gantry or Straddle type), Pile Driver, Truck Crane, Directional Drilling Machine, Dredge, Dual Drum Paver, Excavator (All Purpose Hydraulically Operated) (Gradall or Similar), Front End Loader ( 4 cu. yd. and Over), Head Tower (Sauerman or Equal), Hoist (Two or Three Drum), Holland Loader, Maintenance Engineer, Mine Hoist, Mucking Machine or Mole Pavement Breaker(SP) Wertgen; PB-4 and similar type, Power Grader, Profiler (over 105 H.P.) Quad 9, Quarry Master (or equivalent), Scraper, Fireman, Fork Lift, Form Tamper, Grout Pump, Gunite Machine, Hammers (Hydraulic self-propelled), Hydra-Spiker, ride-on, Hydraulic Pump (jacking system), Hydro-Blaster (Water), Mulching Machine, Oiler, Parapet Concrete or Pavement, Shovel, Side Boom, Slip Form Paver, Tractor Drawn, BeltType Loader, Truck or Trailer Mounted Log , Chipper (Self Feeder), Tug Operator (Manned Rented Equipment Excluded), Tunnel Shovel
GROUP 2: Asphalt Paver, Backhoe (Tractor Mounted, Rubber Tired), Bituminous Recycler Machine, Bituminous Spreader and Mixer, Blacktop Plant (NonAutomated), Blast or Rotary Drill (Truck or Tractor Mounted), Boring Machine, Cage Hoist, Central Mix Plant (NonAutomated) and All Concrete Batching Plants, Cherry Picker (5 tons capacity and under), Concrete Paver (Over 16S), Crawler Drill, Self-contained, Crusher, Diesel Power Unit, Drill Rigs, Tractor Mounted, Front End Loader (Under 4 cu. yd.), Greaseman/Lubrication Engineer, HiPressure Boiler (15 lbs. and over), Hoist (One Drum), Hydro-Axe, Kolman Plant Loader and Similar Type Loaders, L.C.M. Work Boat Operator, Locomotive Mixer (for stabilized base selfpropelled), Monorail Machine, Plant Engineer, Profiler (105 H.P. and under), Grinder, Post Hole Digger and Post Driver, Power Broom (towed), Power Heaterman, Power Sweeper, Revinius Widener, Roller (Grade and Fill), Scarifier, ride-on, Shell Winder, Skid steer loader (Bobcat or similar), Span-Saw, ride-on, Steam Cleaner, Pug Mill, Pump Crete Ready Mix Concrete Plant Refrigeration Equipment (for soil stabilization)Road Widener, Roller (all above subgrade), Sea Mule, Self-contained Ride-on Rock Drill, Excluding Air-Track Type Drill, Skidder, Tractor with Dozer and/or Pusher, Trencher. Tugger Hoist, Vermeer saw (ride on, any size or type), Winch, Winch Cat
GROUP 3: A Frame Winch Hoist on Truck , Articulated Heavy Hauler, Aggregate Plant, Asphalt or Concrete Grooving, Machine (ride on), Ballast Regulator, Ride-on Boiler (used 311 in conjunction with production), Bituminous Heater, self-propelled, Boat (powered), Cement and Bin Operator, Compressors, Dust Collectors, Generators, Pumps, Welding Machines, Light Plants, Heaters (hands-off equipment), Concrete Pavement Spreader and Finisher, Concrete Paver or Mixer (16S and under), Concrete Saw (self-propelled), Conveyor, Deck Hand, Directional Drill Machine Locator, Drill, (Core), Drill, (Well,) Farm Tractor with accessories, Fine Grade Machine, Tamper, ride-on, Tie Extractor, ride-on, Tie Handler, ride-on, Tie Inserter, ride-on, Tie Spacer, ride-on, Tire Repair, Track Liner, ride-on, Tractor, Tractor (with towed accessories), Vibratory Compactor, Vibro Tamp, Well Point
GROUP 4: Tower Cranes
GROUP 5: Cranes 50 tons and over
GROUP 6: Cranes 49 tons and below
GROUP 7: Master Mechanic
FOOTNOTE:
a. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day provided the employee has worked the working day before and the working day after the holiday.
------IRON0060-007 07/01/2020
Rates Fringes
IRONWORKER Structural, Ornamental, Reinforcing, Pre-cast Concret Erector, Machinery Mover & Rigger, Fence Erector, Stone Derrikman, Welder, Sheeter, Sheeter Bucker-up...... $ 30.75 28.05 ------LABO0633-005 06/01/2018
Rates Fringes
Laborers BUILDING CONSTRUCTION Asbestos, Toxic and Hazardous Waste Removal....$ 26.77 19.40 Laborer...... $ 24.77 19.40
ASBESTOS REMOVAL: Removal of all asbestos containing materials from wall ceilings, floor columns, and other non-mechanical structures and surfaces.
------LABO0633-006 07/01/2018
HEAVY & HIGHWAY CONSTRUCTION
Rates Fringes
312 LABORER GROUP 1...... $ 28.50 21.05+a GROUP 2...... $ 28.70 21.05+a GROUP 3...... $ 28.90 21.05+a GROUP 4...... $ 29.10 21.05+a
LABORER CLASSIFICATIONS (HEAVY & HIGHWAY CONSTRUCTION)
GROUP 1: Laborers, flaggers, outboard and hand boats.
GROUP 2: Bull float; chain saw, concrete aggregate bin, concrete bootman, gin buggy, hand or machine vibrator, jackhammer, mason tender, mortar mixer, pavement breaker, handlers of all steel mesh; small generators for laborers tools; installation of bridge drainage pipe, pipelayers, vibrator type rollers; tamper, drill doctor, tail or screw operator on asphalt paver, water pump (1-1/2"" and singlediaphram); nozzle (asphalt, gunnite, seeding and sandblasting); laborers on chain link fence erection; rock splitter and power unit; pusher type concrete saw and all other gas, electric, oil and air tool operators; wrecking laborers.
GROUP 3: All rock or drill machine operator (except quarry master and similar type); acetylene torch operator, asphalt raker, powderman.
GROUP 4: Blaster, form setters, stone or granite curb setters.
FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, provided the employee has worked the working day before and the working day after the holiday.
------PAIN0004-025 05/01/2018
Rates Fringes
Painters: BUILDING CONSTRUCTION Brush & Roll, Drywall Taping/Finishing...... $ 23.25 21.21 Spray, Sandblasting, Structural Steel...... $ 23.75 21.21 HEAVY & HIGHWAY CONSTRUCTION Bridges...... $ 38.00 27.75 ------PAIN0677-002 05/01/2019
Rates Fringes
GLAZIER...... $ 24.75 19.59 ------PLUM0073-002 05/01/2019
REMAINDER OF COUNTY
Rates Fringes
Plumber, Pipefitter, Steamfitter 313 COMMERCIAL:
On all commercial, heating, plumbing, air conditioning, refrigeration and pipefitting work...... $ 32.90 23.61 HVAC and REFRIGERATION SERVICE
On all HVAC and refrigeration service work; all heating plumbing air conditioning, refrigeration; all servicing of same and Pipefitting work in all schools, hospitals, health related facilities and extended care facilities, including nursing homes
AND
On all commercial work where the total Plumbing Contract does not exceed 250,000.00; the Heating contract does not exceed 250,000.00 and Refrigeration contract does not exceed 250,000.00 and the total Plumbing, Heating and Refrigeration does not exceed 750,000.00..$ 28.19 21.91 ------PLUM0267-004 05/01/2019
THE TOWN OF NEW HOPE
Rates Fringes
Plumber, Pipefitter, Steamfitter (Including HVAC Work)...... $ 35.51 24.57 ------ROOF0195-001 06/01/2019
Rates Fringes
ROOFER...... $ 27.00 23.11 ------SFNY0669-001 01/02/2020
Rates Fringes
SPRINKLER FITTER...... $ 36.80 24.35 ------SHEE0058-001 05/01/2020
Rates Fringes
Sheet Metal Worker Projects 10 million or less.$ 29.63 21.71 Projects over $10 million...$ 30.63 21.71 314 ------TEAM0317-002 06/01/2019
BUILDING CONSTRUCTION
Rates Fringes
Truck drivers: Jobs where total project cost is $5 million or less..$ 21.43 26.41 Jobs where total project cost is over $5 million GROUP 1...... $ 22.43 27.11 GROUP 2...... $ 22.48 27.11 GROUP 3...... $ 22.58 27.11 GROUP 4...... $ 22.63 27.11 GROUP 5...... $ 22.63 27.11
TRUCK DRIVERS BUILDING CLASSIFICATIONS
GROUP 1: Parts chasers. GROUP 2: Truck Driver GROUP 3: Tractor Trailer drivers, farm tractor and fuel truck drivers. GROUP 4: Material check and reciver. GROUP 5: Euclid driver.
------TEAM0317-003 07/01/2019
HEAVY/HIGHWAY CONSTRUCTION
Rates Fringes
TRUCK DRIVER GROUP 1...... $ 26.50 25.56+a GROUP 2...... $ 26.70 25.56+a
FOOTNOTES:
PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day provided employee has worked the working day before and the working day after the holiday.
Work on Hazardous Waste Sites Receive additional $1.50/hr.
TRUCK DRIVERS HEAVY & HIGHWAY CLASSIFICATIONS
GROUP 1: Pickups, panel trucks, flatboy material trucks (straight jobs), single-axle dump trucks, dupsters, receivers, greasers, truck tiremen, tandems and batch trucks, semi-trailers, low-boy trucks, asphalt distributor trucks, & agitator, mixer trucks & dumpcrete type vehicles, fuel trucks
GROUP 2: Specialized earth moving equipment-euclid type, or similar off-highway equipment, where not self loaded,straddle (ross) carrier, and self-contained concrete mobile unit, off-highway tandem back-dump, twin engine euipment and double-hitched equipment where not self loaded.
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315 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
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Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
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The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and 316 the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 317
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
======
END OF GENERAL DECISION"
318
PERMITS
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320 ACTIVITIES AUTHORIZED BY 2017 NATIONWIDE PERMIT WITHIN THE STATE OF NEW YORK Expiration March 18, 2022
B. Nationwide Permits
3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays.
(b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization.
(c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.
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321 (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects.
Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act (Sections 10 and 404))
Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act section 404(f) exemption for maintenance.
Permit-specific Regional Conditions (Buffalo and New York Districts): a. The Nationwide General Permit Condition No. 32 – Pre-Construction Notification (PCN) for activities proposed under NWP 3.b. involving the removal of accumulated sediments and debris in the vicinity of existing structures to restore the waterway to previously existing depths, must include evidence of such depths. Such evidence may include but is not limited to: construction drawings of the original structure; or project drawings of past excavation activities in the vicinity. If this information is not available, the PCN must include evidence of the existing depths immediately outside the proposed work area. b. Every effort should be made to prevent additional encroachment into the beds of New York waterbodies. All repair or rehabilitation activities should focus on using the area immediately landward of the existing structure. Bulkhead replacement shall be completed in-place or landward of the existing structure where practicable. When that is not practicable, a PCN shall be required for any encroachment proposed within tidal waters of the U.S. or any extensions, excluding the placement of toe stone protection recommended/required by state/federal resource agencies (i.e. NYSDEC, NYSDOS, USFWS & USEPA), which exceed 18 inches waterward of the existing bulkhead within non-tidal waters. The PCN must include justification for a waterward extension of the bulkhead (e.g geologic conditions, engineering requirements, etc).
REMINDER TO APPLICANT: For projects involving culvert maintenance or replacement, please take particular note of the requirements of General Regional Conditions G-B.1 and B.2. below. For projects involving aerial transmission lines, note clearance requirements as outlined in 33 CFR 322.5(i) (See NWP #12).
Section 401 Water Quality Certification: The New York State Department of Environmental Conservation (NYSDEC) has granted blanket Section 401 Water Quality Certification in New York State provided that the project complies with all the General Conditions listed below in Section H. Any party conducting the activities authorized by this NWP that cannot comply with all these conditions must apply for and obtain an individual Section 401 Water Quality Certification from the NYSDEC.
2
322 New York State Department of State Coastal Zone Management Consistency Determination: Pursuant to 15 CFR Part 930.41 and 930.43, the New York State Department of State (NYSDOS) concurs with the USACE consistency determination for this NWP with which all general and all Buffalo and New York District regional conditions are complied and with the additional condition(s), as follows:
The NYSDOS concurs with the USACE’ consistency determination for NWP 3 outside of tidal wetlands and within the NYS Coastal Area where the activities to be authorized would: involve the repair/replacement in-place or landward, with no waterward expansion or increase in footprint; or for those proposed within the artificial canals identified by NYSDOS at: https://appext20.dos.ny.gov/coastal map public/map.aspx.
C. Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the following General Conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization.
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.
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323 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs #4 and #48, or is a shellfish seeding or habitat restoration activity authorized by NWP #27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP General Conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see General Condition #32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal
4
324 agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA Section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under Section 7 of the ESA.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
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325 (f) If the non-federal permittee has a valid ESA Section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA Section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this General Condition. The district engineer will coordinate with the agency that issued the ESA Section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA Section 7 consultation conducted for the ESA Section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA Section 7 consultation for the ESA Section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA Section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA Section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA Section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under Section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with Section 106.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of Section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the
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326 Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA Section 106 consultation has been completed.
(d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. If NHPA Section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that Section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs #7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs #3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with General Condition #32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal.
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327 (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)).
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328 (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of- way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements.
27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal
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329 waters is constructed under NWP #14, with associated bank stabilization authorized by NWP #13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature:
“When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”
______(Transferee)
______(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of General Condition #32. An activity that requires Section 408 permission is not authorized by NWP until the appropriate Corps office issues the Section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested
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330 information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to General Condition #18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to General Condition #20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs #21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity;
(4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other
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331 waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.
(7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre- construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act;
(8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see General Condition #16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for Section 408 permission from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this General Condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWPs #21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP #54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP #37, these agencies will have 10 calendar days from the date the material is transmitted to
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332 notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site- specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP #37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP #37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. D. District Engineer’s Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs #13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs #21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre.
2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g.,
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333 streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with General Conditions #18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs #21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. E. Further Information
1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project (see General Condition #31).
F. Definitions
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural.
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334 Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term “discharge” means any discharge of dredged or fill material into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP #27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP #27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the proposed NWP #27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility.
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335 Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under Section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States.
Navigable waters: Waters subject to Section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329.
Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre- construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions.
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336 Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See General Condition #23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment.
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337 Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed.
Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a wetland is adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds, and wetlands.
G. Buffalo and New York District General Regional Conditions These conditions apply to ALL Nationwide Permits.
G-A. Construction Best Management Practices (BMP’s): Unless specifically approved otherwise through issuance of a variance by the District Engineer, the following BMP’s must be implemented to the maximum degree practicable, to minimize erosion, migration of sediments, and adverse environmental impacts. Note that at a minimum, all erosion and sediment control and stormwater management practices must be designed, installed and maintained throughout the entire construction project in accordance with the latest version of the “New York Standards and Specifications for Erosion and Sediment Control” and the “New York State Stormwater Management Design Manual”. These documents are available at: http://www.dec.ny.gov/chemical/29066.html and http://www.dec.ny.gov/chemical/29072.html , respectively. Prior to the discharge of any dredged or fill material into waters of the United States, including wetlands, authorized by NWP, the permittee must install and maintain erosion and sedimentation controls in and/or adjacent to wetlands or other waters of the United States.
1. All synthetic erosion control features (e.g., silt fencing, netting, mats), which are intended for temporary use during construction, shall be completely removed and properly disposed of after their initial purpose has been served. Only natural fiber materials, which will degrade over time, may be abandoned in place.
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338
2. Materials resulting from trench excavation for utility line installation or ditch reshaping activities which are temporarily sidecast or stockpiled into waters of the United States must be backfilled or removed to an upland area within 30 days of the date of deposition. Note: upland options shall be utilized prior to temporary placement within waters of the United States, unless it can be demonstrated that it would not be practicable or if the impacts of complying with this upland option requirement would result in more adverse impacts to the aquatic environment.
3. For trenching activities in wetlands the applicant shall install impermeable trench dams or trench breakers at the wetland boundaries and every 100 feet within wetland areas to prevent inadvertent drainage of wetlands or other waters of the United States.
4. Dry stream crossing methods (e.g., diversion, dam and pump, flume, bore) shall be utilized for culvert or other pipe, or utility installations to reduce downstream impacts from turbidity and sedimentation. This may require piping or pumping the stream flow around the work area and the use of cofferdams.
5. No in-stream work shall occur during periods of high flow, except for work that occurs in dewatered areas behind temporary diversions, cofferdams or causeways.
6. Construction access and staging areas shall be by means that avoid or minimize impacts to aquatic sites (e.g. use of upland areas for access & staging, floating barges, mats, etc.). Discharges of fill material associated with the construction of temporary access roads, staging areas and work pads in wetlands shall be placed on filter fabric. All temporary fills shall be removed upon completion of the work and the disturbed area restored to pre-construction contours, elevations and wetland conditions, including cover type. All vegetation utilized in the restoration activity shall consist of native species.
7. All return flow from dredged material disposal areas shall not result in an increase in turbidity in the receiving water body that will cause a substantial visible contrast to natural conditions. (See NWP #16)
8. For activities involving the placement of concrete into waters of the United States, the permittee must employ watertight forms. The forms shall be dewatered prior to the placement of the concrete. The use of tremie concrete is allowed, provided that it complies with New York State water quality standards.
9. New stormwater management facilities shall be located outside of waters of the United States A variance of this requirement may be requested with the submission of a PCN. The PCN must include justification which demonstrates that avoidance and minimization efforts have been met. 10. To the maximum extent practicable, the placement of fill in wetlands must be designed to maintain pre-construction surface water flows/conditions between remaining on or off-site waters and to prevent draining of the wetland or permanent hydrologic alteration. This may require the use of culverts and/or other measures. Furthermore, the activity must not restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters). The activity may alter the pre- construction flows/conditions if it can be shown that it benefits the aquatic environment (i.e. wetland restoration and/or enhancement).
G-B. CULVERTS
1. ALL NEW OR REPLACEMENT CULVERTS in streams shall be constructed/installed in accordance with the following, in order to ensure compliance with NWP General Condition #2 – Aquatic Life Movement and #9 Management of Water Flows:
a. Size: Bank-full flows shall be accommodated through maintenance of the existing bank-full channel cross sectional dimensions within one culvert. Bank-full width is generally considered to be the top width at the stage where a stream begins to overtop its banks and spread into the floodplain. Either a bottomless culvert or bridge must be used where practicable. If the stream cannot be spanned, the culvert width shall be minimum of 1.25 times width of the stream channel at the ordinary high water, or a 2 year design storm.
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339 b. Depth: To maintain low flow and aquatic life movement within culverts with a bottom, the culvert invert must be embedded. Specifically, the culvert must be installed with its bottom buried below the grade of the stream bed, as measured at the average low point, to a depth of a minimum of 20 percent of the culvert vertical rise (height) throughout the length of the culvert. (Note: When not practicable to do so due to small culvert size, it is acceptable to allow natural deposition to cover the interior of the culvert bed following placement of the culvert invert to the 20% depth.)
c. The dimension, pattern, and profile of the stream above and below the stream crossing shall not be permanently modified by changing the width or depth of the stream channel.
d. The culvert bed slope shall remain consistent with the slope of the adjacent stream channel.
e. Stone aprons and scour protection placed in streams shall not extend higher than the stream bed in order to create a uniform grade and shall be filled with native stream bed material and supplemented with similarly sized material, if needed, to fill interstitial spaces to maintain water flow on the surface of the stream bed.
Note 1: Use of the requirements alone will not satisfy the need for proper engineering and design. In particular, appropriate engineering is required to ensure structures are sized and designed to provide adequate capacity (to pass various flood flows) and stability (bed, bed forms, footings and abutments, both upstream and downstream). It is the permittee’s responsibility to ensure the structure is appropriately designed.
Note 2: This condition does not apply to temporary culverts used for construction access that are in place for less than one construction season. However, compliance with General Conditions #2 and #9 still applies.
Preconstruction Notification (PCN) Requirements: A PCN is required for projects that do not meet all of the above requirements. In addition to the PCN requirements of General Condition #32, the PCN must include the following information:
i. A statement indicating which of the above requirements will not be met by the proposed project;
ii. Information as to why the use of such structures or measures would not be practicable;
iii. A brief description of the stream discussing: • Site specific information (i.e. stream bed slope, type and size of stream bed material, stream type, existing natural or manmade barriers, etc.) assessed to determine appropriate culvert design and to ensure management of water flows and aquatic life movement. • Evaluation of the replacement for its impacts on: downstream flooding, upstream and downstream habitat (in-stream habitat, wetlands), potential for erosion and headcutting, and stream stability.
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340 • Flow/storm event the proposed culvert is designed to pass (2 year, 50 year, etc.)
iv. Cross sections of the stream used to calculate the stream bed low point and ordinary high water width, consisting of:
• Stream channel cross sections shall be taken at proximal locations to the crossing location to determine the average of the lowest points in elevation of the stream bed and the average width at ordinary high water.
o For new crossing locations, the average values from at least three measurements (project location and straight sections of the stream upstream and downstream) shall be used.
o For replacement of an existing structure, the average values from at least two cross sections (straight sections of the stream upstream and downstream from the existing structure representative of the natural channel) shall be used.
• This average low point shall be used to ensure low flow is maintained through the culvert and from which all embedment depths are measured.
• If the above cross section method was not practicable to use, an alternative method may be utilized. The PCN shall include justification for the method used including the data used and an explanation as to how it provides an equivalent measure.
v. An evaluation of the effects the crossing would have on aquatic life movement and/or water flows; and
vi. Mitigation measures that will be employed to minimize these effects. Mitigation measures may include, but are not limited to baffles, weirs, roughened channels, and grade control structures
A variance of the requirement(s) will be issued by the Corps if it can be demonstrated that the proposal would meet General Conditions #2 and #9 and would result in the least environmentally damaging practicable alternative (e.g. compliance with any of the requirement(s) would result in detrimental impacts to the aquatic system).
2. ALL CULVERT REHABILITATION PROJECTS in streams, not including culvert replacement projects, shall be constructed in accordance with the following, in order to ensure compliance with NWP General Condition #2 – Aquatic Life Movement and #9 Management of Water Flows:
a. An evaluation of the existing culvert shall be conducted prior to the proposed culvert rehabilitation to determine if the existing culvert is in compliance with NWP General Conditions #2 and #9. Specifically, the culvert shall be evaluated regarding its effect upon aquatic life movements and low/ high water flow. If the above requirements in General Regional Condition B. 1 (a)-(e) are met then the culvert is considered in compliance with NWP General Conditions #2 and #9. (Potential evaluation methods to consider include: North Atlantic Aquatic Connectivity Collaborative (NAACC), US Forest Service Aquatic Organism Passage Fish Xing, etc.)
b. A PCN is not required for projects that utilize cured-in-place pipe lining or other repair activities that do not raise the existing invert elevation such that it causes an impediment to the passage of either aquatic life movement or water flow unless there is an existing impediment.
c. A PCN is required for any culvert rehabilitation project that includes a culvert which is not in compliance with General Conditions #2 and/or #9 (i.e. impedes aquatic life movement or water flow) and which will not be corrected by the proposed repair.
d. A PCN is required for culvert rehabilitation projects which will involve pipe slip lining or other activities, including concrete invert paving and concrete lining that raise the existing invert elevation such that it causes an impediment to the passage of low flow or aquatic life movement. Slip lining is defined as the insertion of a smaller diameter pipe into an existing pipe by pulling pushing, or spiral winding.
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341 Preconstruction Notification (PCN) Requirements: In addition to the PCN requirements of General Condition #32, the PCN must include the following information:
i. A summary of the evaluation required in Item a. above including a discussion of the impediment(s) to aquatic life movement and/or water flow.
ii. Information as to how the proposal will mitigate for the impediment. Mitigation measures may include, but are not limited to baffles, weirs, roughened channels, and grade control structures.
G-C. No regulated activity authorized by a Nationwide Permit can cause the loss of areas classified as a bog or fen in the State of New York, as determined by the Buffalo or the New York District Corps of Engineers, due to the scarcity of this habitat in New York State and the difficulty with in-kind mitigation. The Districts will utilize the following document in the classification:
Reschke, C. 1990. Ecological Communities of New York State. New York Natural Heritage Program. New York State Department of Environmental Conservation. Latham, N.Y. 96p. This document is available at the following location: http://www.dec.ny.gov/animals/29389.html
G-D. National Wild and Scenic Rivers (NWSR): The Upper Delaware River has been designated as a National Wild and Scenic River from the confluence of the East and West Branches below Hancock, New York, to the existing railroad bridge immediately downstream of Cherry Island in the vicinity of Sparrow Bush, New York. Also, the portion of the Genesee River located within Letchworth Gorge State Park, beginning at the southern boundary of the park and extending downstream to the Mt. Morris Dam, was designated by Congress as a permanent Study River in the Genesee River Protection Act of 1989. In accordance with General Condition #16, no activity may occur within a NWSR, including Study Rivers, unless the National Park Service (NPS) has determined in writing that the proposed work will not adversely affect the NWSR designation or study status. Therefore, a PCN is required for any NWP which would impact the designated portions of the Genesee River or the Upper Delaware River, unless NPS has previously indicated the project will not adversely affect the waterway. (Note: the applicant may not commence work under any NWP until the NPS determines in writing that the project will not adversely affect the NWSR even if 45-days have passed since receipt of the PCN package.) Information regarding NWSR may be found at: https://www.rivers.gov/new-york.php
G-E. For all proposals requiring a pre-construction notification (PCN), in addition to the requirements in General Condition #32, the applicant shall also include: (Note: the application will not be considered complete until all of the applicable information is received).
1. New York State/USACE Joint Application Form: The application form shall be completed and signed and shall clearly indicate that the submission is a PCN. (http://www.lrb.usace.army.mil/Missions/Regulatory/Application-Forms/)
2. Drawings: The PCN must include legible, black and white project drawings on 8.5” x 11” paper. Full size drawings may be submitted in addition to the 8.5” x 11” plans to aid in the application review. Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are a Vicinity Map (i.e. a location map such as a USGS topographical map), a Plan View and a Cross-Section Map. Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or cross section). The Vicinity Map shall provide the location of the entire project site. In addition, each illustration should be identified with a figure or attachment number. The location map shall include the Latitude and Longitude or UTM coordinates of the project. For linear projects, the PCN shall include a map of the entire project including a delineation of all waters of the United States within the corridor. Aquatic resource information shall be submitted using the Cowardin Classification System mapping conventions (e.g. PFO, PEM, etc.)
3. Color photographs: The photos should be sufficient to accurately portray the project site, keyed to a location map and not taken when snow cover is present.
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342 4. Avoidance and Minimization: The PCN must include a written narrative explaining how avoidance and minimization of temporary impacts and permanent losses of waters of the United States were achieved on the project site (i.e. site redesign, reduction in scope, alternate methods, etc.). It should include a description of the proposed construction practices that would be implemented to perform the proposed work and a description of the reasonably foreseeable direct and indirect effects to waters of the United States from the proposed construction practices.
5. Mitigation (See General Conditions #23 and #32(b)(6)): The PCN must include at least a conceptual compensatory mitigation plan for all projects resulting in the loss of greater than 1/10th of an acre of waters of the United States; or for which a waiver of the 300 linear foot limit on intermittent and ephemeral streams is being requested. Mitigation conceptual plans submitted with the PCN must include the following information at a minimum: proposed compensation type (bank or in-lieu fee credit, restoration, creation, preservation, etc.), location and brief discussion on factors considered for site selection (i.e., soils, water source, potential for invasive species, etc.), amount proposed per resource type and a discussion of how the proposal will compensate for aquatic resource functions and services lost as a result of the project.
Note 1: All mitigation projects must comply with the Federal Regulations on compensatory mitigation (33 CFR 332) entitled “Compensatory Mitigation for Losses of Aquatic Resources: Final Rule”, dated April 10, 2008, which is available at: http://www.lrb.usace.army.mil/Portals/45/docs/regulatory/MitandMon/FinalMitigaitonRuleApril2008.pdf and any applicable District Guidelines.
Note 2: Although a conceptual mitigation plan may be sufficient for the purposes of a PCN submission, a detailed mitigation plan must be approved by the Corps before any jurisdictional work may occur on the project site.
Note 3: If more than 0.10 acres of designated EFH habitat (as discussed in Section G-E.8. below) would be impacted such that habitat would be lost, compensatory mitigation at a minimum ratio of 1:1 is required. A ratio of more than 1:1 may be required depending upon the ecological value of the habitat to be lost or degraded and the form of compensatory mitigation proposed to be provided.
6. Nationwide Rivers Inventory: The PCN shall indicate if a river segment listed within the National Park Service Nationwide Rivers Inventory (NRI) is located within the proposed project area. For project areas containing a listed NRI segment, the PCN shall also include a statement as to how adverse effects to the river have been avoided or mitigated. The list is available at: http://www.nps.gov/ncrc/programs/rtca/nri/states/ny.html.
7. Historic or Cultural Resources: In accordance with General Condition #20, a PCN is required for any non-federal activity which may have the potential to cause effects to any historic properties* listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places (NR). Please refer to General Condition #20 for submission requirements. In addition, all PCNs must include:
• A written statement indicating if any such properties may be affected by the proposed project.
• A copy of any completed archaeology or building/structure survey reports. If a survey has not been performed, the statement shall include a list of resources checked in the determination.
• Copies of any available correspondence from the New York State Office of Parks, Recreation, and Historic Preservation State Historic Preservation Officer (SHPO) regarding historic properties.
• Copies of any available correspondence from federally recognized Indian Nations regarding historic properties that may be affected by the project.
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343 • Projects with ground disturbance may have the potential to cause effects to buried historic properties, regardless of occurring outside SHPO designated archaeological sensitive areas. Therefore, the PCN shall indicate if the ground disturbance will occur in any areas of previously undisturbed soil. For areas with prior disturbance, the PCN shall include a brief narrative describing the disturbance and its limit (i.e. type of disturbance, size of area with current undisturbed soil, size of area with existing disturbed soils, when the disturbance occurred, an estimate on how deep the soil disturbance extends, etc.) as well as photos of the existing ground disturbance.
• Above ground buildings/structures that are over 50 years old and potentially affected by the project will need to be assessed to determine if they are eligible for the NR. The PCN shall: identify any structures present in the project area, which have not already been subject to SHPO review, include photos of the structures, and describe how the project would/would not affect them.
* - see NWP definition section for further clarification
NOTE 1: Information regarding historic properties may be found at: https://cris.parks.ny.gov. In addition, assistance regarding the determination of the presence of historic or cultural resources at or near the project site should be directed to SHPO.
NOTE 2: as stated in General Condition #20, if any listed, eligible or potentially eligible properties are present, the applicant shall not begin the activity until notified by the district engineer in writing either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed.
8. Endangered Species and Essential Fish Habitat: In accordance with General Condition #18, non- federal applicants must submit a PCN if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat. Please refer to General Condition #18 for submission requirements. In addition, all PCNs must include:
• a written statement and documentation concerning any Essential Fish Habitat (EFH) and any federally listed or proposed Threatened, Endangered, or Candidate (TE&C) species or designated and/or proposed critical habitat that might be affected or located in the vicinity of the project.
• a copy of any correspondence from the U.S. Fish and Wildlife Service (USFWS) and/or National Oceanic and Atmospheric Administration Fisheries Service (NOAA-Fisheries), regarding the potential presence of TE&C species on the project site. USFWS TE&C website: http://www.fws.gov/northeast/nyfo/es/section7.htm . Information on NOAA-Fisheries (NMFS) species (both TE&C and EFH) can be found at: https://www.greateratlantic.fisheries.noaa.gov/]
• an official TE&C species list printed within 90 days of the PCN submission from the USFWS Website.
• For projects where TE&C species are listed, a discussion of potential TE&C species habitat within the project site (See USFWS T&E website for species habitat information).
• If there is potential habitat for any TE&C species within the project site the following, as applicable, shall be submitted:
a. The results of any habitat surveys and presence/absence surveys. Note: all surveys should be coordinated with the USFWS and/or NOAA-Fisheries (NMFS) prior to initiation.
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344 b. A detailed description of the proposed project, including secondary impacts and approximate proposed project construction schedule of project activities (e.g. land clearing, utilities, stormwater management).
c. A description of the natural characteristics of the property and surrounding area (e.g. forested areas, freshwater wetlands, open waters, and soils) and a description of surrounding land use (residential, agricultural, or commercial).
d. A description of the area to be impacted by the proposed project, including the species, typical sizes (d.b.h.) and number or acres of trees to be removed.
e. The location of the above referenced property and extent of any project related activities or discharges clearly indicated on a copy of a USGS 7.5 minute topographic quadrangle (quad) with the name of the quad(s) and latitude/longitude clearly labeled.
f. A description of conservation measures to avoid, minimize and/or mitigate impacts to listed species.
NOTE 1: There are no known TE&C species or EFH species under the jurisdiction of the NOAA-Fisheries (NMFS) within the Buffalo District. Therefore, all Buffalo District requests for information regarding the presence of TE&C species should be directed to the USFWS. In addition, no EFH review is necessary within the following New York District counties: Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Otsego, Schenectady, Schoharie and Warren.
NOTE 2: Please refer to the following website for further guidance and information relating to regulatory permits & TE&C species in New York: http://www.lrb.usace.army.mil/Missions/Regulatory/Endangered-Species/Endangered-Species-New- York/
NOTE 3: General Condition #18 is emphasized, …”In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed work will have “no effect” on listed species or critical habitat, or until Section 7 consultation has been completed.”
9. 100 Year Floodplain: For permanent fills within waters of the United States within the 100 year floodplain, documentation of compliance with FEMA-approved state or local floodplain management requirements.
10. Submission of Multiple Copies of PCN: a) One (1) additional copy of the application drawings shall be provided to USACE for coordination with National Oceanic and Atmospheric Administration (NOAA) for utility lines to be constructed or installed in navigable waters of the United States proposed under NWP #12, (See Note 1 of NWP #12) b) One (1) additional copy of the PCN package shall be provided to USACE for coordination with Department of Defense Siting Clearinghouse (See NWPs #12, 39, 51 & 52 Notes) for:
i. overhead utility lines proposed under NWP #12 and ii. any activity that involves the construction of a wind energy generating structure, solar tower, or overhead transmission lines proposed under NWPs #39, 51 or 52 c) Two (2) additional copies of the PCN package shall be provided to USACE when the project is located within the New York City Watershed, for coordination with the New York City Department of Environmental Protection.
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345 d) Five (5) additional copies of the PCN package shall be submitted to USACE for agency coordination in accordance with General Condition #32(d)(2) for:
i. All NWP activities that result in the loss of greater than 1/2-acre of waters of the United States,
ii. NWPs #21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that will result in the loss of greater than 300 linear feet of intermittent & ephemeral stream bed,
iii. NWP #13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites;
iv. NWP #54 activities in excess of 500 linear feet or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.
G-F. CRITICAL RESOURCE WATERS
In accordance with NWP General Condition #22, certain activities in Critical Resource Waters cannot be authorized under the NWP program or would require a PCN (see General Condition #22 for a list of the NWP activities that are either excluded or require a PCN).
Critical Resource Waters in New York State include the following:
1. East-of-Hudson portion of the New York City Water Supply: This area includes portions of Dutchess, Putnam and Westchester Counties as delineated on Enclosure 2.
2. Hudson River National Estuarine Research Reserves (NERR): The Hudson River NERR consists of four components: Piermont Marsh, Iona Island, Tivoli Bay, and Stockport Flats.
H. NYSDEC General Water Quality Certification (WQC) Conditions applicable to all NWPs for which WQC has been provided are as follows:
1. Non-contamination of Waters
• All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, resins, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate, inadvertent returns of drilling muds (frac-outs) or any other environmentally deleterious materials associated with the project. 2. Installation and Replacement of Culverts To be covered under this blanket Water Quality Certification, all of the following criteria must be met:
• Culvert pipes shall be designed to safely pass a 2% annual chance storm event.
• This certification does not authorize the installation of any culverts that are not embedded beneath the existing grade of the stream channel.
• Width of the structure must be a minimum of 1.25 times (1.25x) width of the Mean (Ordinary) High Water Channel. • The culvert bed slope shall remain consistent with the slope of the adjacent stream channel. For slopes greater than 3%, an open bottom culvert must be used.
• This certification does not authorize work on culverts that provide sole access to “Critical Facilities”: An individual WQC must be obtained for work on these culverts.
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346 • This certification does not authorize culvert rehabilitation projects that involve slip lining, or similar treatments.
• This certification does authorize the rehabilitation of culverts utilizing Cure in Place Pipe Lining (CIPP) or concrete spray lining for culverts which currently meet Nationwide Permit General Condition #2 - Aquatic Life Movements.
3. Discharge and Disturbance Limits of the Blanket WQC
• For Nationwide Permits # 5, 7,12, 13, 14, 15, 18, 19, 23, 25, 29, 31, 32, 34, 36, 37, 39, 40, 42, 45, 46, 48, 51, utility line replacement projects under Nationwide Permit #3 and non-maintenance activities under Nationwide Permit #43.
• The following discharge limits apply: a) Temporary or permanent discharges of dredged or fill material into wetlands and other waters of the U.S. must not exceed ¼ acre;
b) Temporary or permanent impacts (i.e., loss) to stream beds must not exceed 300 linear feet.
c) The discharge area limit under paragraph (a) plus the equivalent stream impact area limit under paragraph (b) must not exceed ¼ acre total.
•For Nationwide Permits #3, 4, 6, 20, 22, 27, 30, 33, 41 and maintenance activities under Nationwide Permit #43, this certification authorizes discharges and disturbances up to the limit of the respective Nationwide Permit or Regional Conditions, whichever is most restrictive.
•If a project requiring coverage under two or more Nationwide Permits results in a temporary or permanent discharge or disturbance, the most restrictive threshold applies to the project.
4. Bulkheads • This certification does not authorize the construction of new bulkheads or vertical walls.
• This certification does not authorize the waterward extension of existing bulkheads. • New toe-stone protection may not extend more than 36 inches waterward from the existing bulkhead face.
5. Maintenance of Water Levels • This certification does not authorize any activity that results in a permanent water level alteration in waterbodies, such as draining or impounding, with the exception of activities authorized by Nationwide Permit #27.
6. Dewatering • Authorized dewatering is limited to immediate work areas that are within coffer dams or otherwise isolated from the larger waterbody or waters of the United States.
• Dewatering must be localized and must not drain extensive areas of a waterbody or reduce the water level such that fish and other aquatic organisms are killed, or their eggs and nests are exposed to desiccation, freezing or depredation in areas outside of the immediate work site.
• Cofferdams or diversions shall not be constructed in a manner that causes or exacerbates erosion of the bed or banks of a waterbody. • All dewatering structures must be permanently removed and disturbed areas must be graded and stabilized immediately following completion of work. Return flows from the dewatering structure shall be as visibly clear as the receiving waterbody.
7. Endangered or Threatened Species
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347 • This certification does not authorize projects likely to result in the take or taking of any species listed as endangered or threatened species listed in 6 NYCRR Part 182.5 (a), (b) or projects likely to destroy or adversely modify the habitat of such species. Applicants must either verify that the activity is outside of the occupied habitat of such species or, if located within the habitat of such species, obtain a determination from the NYS Department of Conservation Regional Office that the proposed activity will not be likely to result in the take or taking of any species listed as endangered or threatened species listed in 6 NYCRR Part 182. Information on New York State endangered or threatened species may be obtained from the NYS Department of Environmental regional offices, the New York Natural Heritage Program in Albany, New York or on the DEC website at http://www.dec.ny.gov/animals/29338.html
If it is determined that the project is likely to result in the take of (or modify the habitat of such species) a New York listed endangered or threatened species , then this blanket water quality certification is not applicable, and the applicant will need an individual water quality certification from the department.
8. Rare Mollusks • This Certification may not be issued for and does not authorize disturbances or discharges to waters of the state listed as supporting mollusks S-1 or S-2 on the New York State Natural Heritage database. http://www.dec.ny.gov/animals/29338.html
9. Prohibition Period for In-water Work In-water work is prohibited during the following time period:
• in cold water trout fisheries (waterbodies classified under Article 15 of New York State Environmental Conservation Law with a "t" or "ts" designation), beginning October 1 and ending May 31.
To determine if the prohibition period is in effect for a particular water, contact the Regional Natural Resources Supervisor in the appropriate New York State Department of Environmental Conservation regional office. Water Classification values can be determined on the DEC’s Environmental Resource Mapper available on the Departments Website @ http://www.dec.ny.gov/gis/erm/ Work windows may be extended by the Regional Natural Resources Supervisor or their designee.
10. Significant Coastal Fish and Wildlife Habitat • This certification does not authorize any discharge occurring in a designated Significant Coastal Fish and Wildlife Habitat area pursuant to 19 NYCRR Part 602; Title 19 Chapter 13, Waterfront Revitalization and Coastal Resources. https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html
11. Coastal Erosion Hazard Areas • This certification does not authorize projects in Coastal Erosion Hazard Areas, as identified in New York State Environmental Conservation Law Article 34, and its implementing regulations, 6 NYCRR Part 505. http://www.dec.ny.gov/lands/86541.html
12. State-owned Underwater Lands Prior to undertaking any Nationwide Permit activity that will involve or occupy state-owned lands now or formerly under the waters of New York State, the party proposing the activity must first obtain all necessary approvals from:
New York State Office of General Services Division of Real Estate Development Corning Tower Building, 26th Floor Empire State Plaza Albany, NY 12242 Tel. (518) 474-2195
13. Tidal Wetlands
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348 • This certification does not authorize any activities in tidal wetlands as defined in Article 25 of New York State Environmental Conservation Law, with the exception of activities authorized by Nationwide Permits #4, 20 and 48. http://www.dec.ny.gov/lands/4940.html
14. Wild, Scenic and Recreational Rivers • This certification does not authorize activities in any Wild, Scenic or Recreational River pursuant to 6 NYCRR Part 666 or state designated Wild, Scenic or Recreational River corridors. http://www.dec.ny.gov/permits/6033.html
15. Floodplains • Authorized projects subject to this certification must first be in compliance with State and Local Floodplain Regulations prior to commencement of construction.
16. Public Service Commission • This certification does not authorize activities regulated pursuant to Article VII or Article 10 of the New York State Public Service Law. For such projects, Section 401 Water Quality Certification is obtained from the New York State Public Service Commission.
17. Utility Projects • This certification does not authorize maintenance or other activities associated with hydroelectric power generation projects.
• This certification does not authorize the construction of substation facilities or permanent access roads in wetlands.
• Excess materials resulting from trench excavation must be permanently removed from the waters of the United States and contained so that they do not re-enter any waters of the United States.
18. Preventing the Spread of Terrestrial and Aquatic Invasive Species • To prevent the unintentional introduction or spread of invasive species, the permittee must ensure that all construction equipment be cleaned of mud, seeds, vegetation and other debris before entering any approved construction areas within waters of the United States When using construction equipment projects authorized under this Certification shall take reasonable precautions to prevent the spread of aquatic invasive species as required under the provisions in ECL § 9-1710.
I. New York State Department of State (NYSDOS) Coastal Zone Management Consistency Determination Additional Information (applicable to all NWPs located within or affecting the NYS Coastal Zone):
Where NYSDOS has objected to the USACE consistency determination or where the project will not comply with the NYSDOS NWP specific condition(s), as outlined in the specific NWP listing in Section B above, the applicant must submit a request for an individual consistency determination to NYSDOS. See Section K for NYSDOS contact information.
Further Information:
Unless NYSDOS issues consistency concurrence or USACE has determined that NYSDOS concurrence is presumed, NWPs are not valid within the Coastal Zone.
All consistency concurrence determination requests must be submitted directly to NYSDOS with a copy provided to USACE with any required Preconstruction Notification submissions.
Limits of the coastal zone and details regarding NYSDOS submission requirements, including application forms can be obtained at: https://www.dos.ny.gov/opd/programs/consistency/index.html
J. INFORMATION ON NATIONWIDE PERMIT VERIFICATION
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349 Verification of the applicability of these Nationwide Permits is valid until March 18, 2022 unless the Nationwide Permit is modified, suspended revoked, or the activity complies with any subsequent permit modification.
It is the applicant’s responsibility to remain informed of changes to the Nationwide Permit program. A public notice announcing any changes will be issued when they occur and will be available for viewing at our website: http://www.lrb.usace.army.mil/Missions/Regulatory.aspx.
Please note in accordance with 33 CFR part 330.6(b), that if you commence or are under contract to commence an activity in reliance of the permit prior to the date this Nationwide permit expires, is suspended or revoked, or is modified such that the activity no longer complies with the terms and conditions, you have twelve months from the date of permit modification, expiration, or revocation to complete the activity under the present terms and conditions of the permit, unless the permit has been subject to the provisions of discretionary authority.
Possession of this permit does not obviate you of the need to contact all appropriate state and/or local governmental officials to insure that the project complies with their requirements.
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NYS DEC REGION 8 K. AGENCY CONTACT INFORMATION Regional Permit Administrator 6274 E. Avon - Lima Road Avon, NY 14414-9519 NYS Department of Environmental Conservation (585) 226-2466 www.dec.ny.gov NYS DEC REGION 9 NYS DEC REGION 1 Regional Permit Administrator Regional Permit Administrator 270 Michigan Avenue SUNY @ Stony Brook Buffalo, NY 14203-2915 50 Circle Road (716) 851-7165 Stony Brook, NY 11790-3409 (631) 444-0365 NYS DEC REGION 9 Sub-Office Deputy Regional Permit Administrator NYS DEC REGION 2 182 East Union Street Regional Permit Administrator Allegany, NY 14706-1328 1 Hunter's Point Plaza (716) 372-0645 47-40 21st Street Long Island City, NY 11101-5407 (718) 482-4997 NYS Department of State Division of Coastal Resources NYS DEC REGION 3 Consistency Review Unit Regional Permit Administrator One Commerce Plaza 21 South Putt Corners Road 99 Washington Avenue, Suite 1010 New Paltz, NY 12561-1620 Albany, NY 12231-00001 (845) 256-3054 (518) 474-6000 https://www.dos.ny.gov/opd/programs/consistency/index.html NYS DEC REGION 4 Regional Permit Administrator 1130 North Westcott Road US Army Corps of Engineers Schenectady, NY 12306-2014 http://www.nan.usace.army.mil (518) 357-2069 (For DEC Regions 1, 2 and 3) NYS DEC REGION 4 Sub-Office US Army Corps of Engineers NY District Deputy Regional Permit Administrator ATTN: Regulatory Branch 65561 State Hwy 10 26 Federal Plaza, Room 1937 Stamford, NY 12167-9503 New York, NY 10278-0090 (607) 652-7741 Email: [email protected] For DEC Regions 1, 2, Westchester County NYS DEC REGION 5 and Rockland County (917) 790-8511 Regional Permit Administrator For the other counties of DEC Region 3 - PO Box 296 (917) 790-8411 1115 Route 86 Ray Brook, NY 12977-0296 (For DEC Regions 4, 5) (518)897-1234 Department of the Army ATTN: CENAN-OP-R NYS DEC REGION 5 Sub-Office NY District, Corps of Engineers Deputy Regional Permit Administrator 1 Buffington Street PO Box 220 Building 10, 3rd Floor 232 Golf Course Rd Watervliet, NY 12189-4000 Warrensburg, NY 12885-0220 (518) 266-6350 - Permits team (518) 623-1281 (518) 266-6360 - Compliance Team
NYS DEC REGION 6 Email: [email protected] Regional Permit Administrator 317 Washington Street (For DEC Regions 6, 7, 8, 9) Watertown, NY 13601-3787 US Army Corps of Engineers (315) 785-2245 Buffalo District ATTN: Regulatory Branch NYS DEC REGION 6 Sub-Office 1776 Niagara Street Deputy Regional Permit Administrator Buffalo, NY 14207-3199 207 Genesee Street (716) 879-4330 Utica, NY 13501-2885 Email: [email protected] (315) 793-2555 www.lrb.usace.army.mil
NYS DEC REGION 7 Regional Permit Administrator 615 Erie Blvd. West Syracuse, NY 13204-2400 (315)426-7438
NYS DEC REGION 7 Sub-Office Deputy Regional Permit Administrator 1285 Fisher Avenue Cortland, NY 13045-1090 (607) 753-3095
31 351
ENCLOSURE 2 32
352
Form PERM 33 (July 2015) Highway Work Permit Application for Non-Utility Work
Instructions and Form (For Commercial Driveways, use Form PERM 33-COM)
INSTRUCTIONS FOR COMPLETING THE APPLICATION
FRONT OF APPLICATION
Three (3) copies of the entire application, work plans and all other supporting documents must be submitted. At the time of application, certain information relative to fees and deposits may be contingent upon determinations to be made by the Department. In such cases, the information may be left blank and remittance withheld until a determination is made.
Please complete the following:
• Permittee name, address, phone and email address. Provide joint applicant contact information, if appropriate. If there are additional applicants, attach contact information on a separate sheet. • Name and phone number(s) of emergency contact person. • If permit is to be returned to someone other than the applicant, complete this section. • If the guarantee deposit or bond is to be returned to someone other than applicant, complete this section. • Estimate the cost of work being performed in the state highway right-of-way and provide this figure. • Indicate anticipated duration of work to be performed with starting date and ending date. • Indicate the form of insurance coverage to be provided. • Give a brief description of the work that is proposed to be done under this permit. • Indicate whether any overhead and/or underground work (5 foot or greater depth) is included in the proposed work. • Plans and specifications should accompany this application for any work that involves construction within the state highway right-of-way. Place a check mark on the lines for plans and specifications if they are attached to this application. • Location of the project should be identified by State Route, highway reference marker(s), and the municipality and county in which work area is located. • In regard to State Environmental Quality Review (SEQR), indicate the type of action, the name of the Lead Agency, and what date the final determination was made, if available. • Signature of applicant and date. • Signature of second applicant, if any, and date.
BACK OF APPLICATION
• Check type of work that will be performed. • In the appropriate column, indicate total amount of permit fees (Include insurance fee for residential work) • Indicate type of performance security provided (bond, deposit, letter of credit), if required. • Indicate check number of deposit or bond number.
353 RESPONSIBILITIES OF PERMITTEE PURSUANT TO NON-UTILITY HIGHWAY WORK PERMITS
NOTE: FAILURE TO OBTAIN A PERMIT OR FAILURE TO COMPLY WITH THE TERMS OF A PERMIT MAY RESULT IN THE DEPARTMENT HALTING THE ACTIVITY FOR WHICH A PERMIT IS REQUIRED UNTIL ADEQUATE CORRECTIONS HAVE BEEN MADE.
1. LIMITATIONS ON USE: The specific site identified in this Highway Work Permit, and only that site identified, will be available for use by Permittee only for the purpose stated in this Permit and only on the date(s) and for the duration designated in this permit. This Permit does not authorize any infringement of federal, state or local laws or regulations, is limited to the extent of the authority of NYSDOT and is transferable and assignable only with the written consent of the Commissioner of Transportation. The Commissioner reserves the right to modify fees and to revoke or annul the Permit at any time, at his/her discretion without a hearing or the necessity of showing cause.
2. CONDITIONS OF USE: NYSDOT makes no affirmation that the state-owned site used for the work has been designed, constructed, or maintained for the purpose of the conduct of the work. The Permittee assumes full responsibility for planning and conducting a safe and orderly project that does not expose workers or the public to any unreasonable hazards and that involves a minimal disruption of the normal uses of the state and local highway systems. It shall be the sole obligation of the Permittee to determine whether the site is suitable for the purpose of safely conducting the work. The Permittee assumes all responsibility for assuring that the use of the highway/property conforms to applicable requirements of law, including, but not limited to those set forth herein.
Permittee agrees to assure compliance with New York Labor Law, industrial regulations, and OSHA regulations, and to assure the safety of all workers who will be engaged to do the permitted work.
3. INSURANCE COVERAGE: Permittee must have the insurance that is required for the type and extent of the work being performed.
Permittee agrees to maintain liability insurance in full force and effect throughout the term of the highway work permit. Expiration of, or lack of, liability insurance automatically terminates the permit.
To comply with this requirement, an applicant must furnish the Department with one of the following:
• A completed Certificate of Insurance evidencing the required types and limits of insurance coverage, with New York State Department of Transportation named as an additional insured on the commercial general liability policy. An industry standard ACORD 25 form with an ACORD 855 Addendum is acceptable evidence of the required coverage. Certificate Holder should be indicated as New York State Department of Transportation, with the address of the issuing office.
• A fully executed Undertaking Agreement may be provided by Municipalities, Public Utilities, Transportation Corporations, Public Service Corporations or Railroads, as an alternative to providing proof of commercial general liability the insurance.
• Homeowners applying for a residential work permit (driveways, improvements or tree work) and performing their own work have the option to pay a $25 Insurance Fee, and waive the requirement to provide insurance coverage. Any contractor doing work on the homeowner’s behalf must be listed on the permit and provide satisfactory proof of insurance as set forth below.
See “PERM 33 Submission Package Requirements” on page 4 for more detailed guidance on insurance coverage.
4. COMPENSATION AND DISABILITY INSURANCE COVERAGE: Permittee is required to have compensation insurance and disability coverage as noted in the provisions of the Worker's Compensation Law and Acts amendatory thereof for the entire period of the permit, or the permit will be invalid. Applicant must provide proof of coverage (Form C-105.2, U-26.3 or SI-12 for Worker’s Compensation, and DB-120.1 or DB-155 for Disability Benefits), or provide proof of exemption from this requirement (Form CE-200).
5. INDEMNIFICATION: Permittee agrees that, in addition to any protection afforded to NYSDOT under any available insurance, NYSDOT shall not be liable for any damage or injury to the Permittee, its agents, employees, or to any other person, or to any property, occurring on the site or in any way associated with Permittee’s activities or operations; whether undertaken by Permittee’s own forces or by contractor or other agents working on Permittee’s behalf. To the fullest extent permitted by law, the Permittee agrees to defend, indemnify and hold harmless the State of New York, NYSDOT and their agents from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of any claim, including but not limited to claims for personal injuries, property damage or wrongful death and/or environmental claims, in any way associated with the Permittee’s activities or operations, no matter how caused.
6. NOTIFICATION: The following should be notified at the appropriate time as shown below:
• Commissioner of Transportation, through the NYSDOT regional office, one week prior to commencing work. • Area gas distributors, 72 hours prior to any blasting. • Utility companies with facilities in work areas, before starting work (in accordance with Industrial Code 53). • Permission from utility company must be obtained before commencing work affecting the utilities' facilities. • NYSDOT regional signal maintenance shop, 3 days prior to starting work (traffic signal work). • NYSDOT regional office, at conclusion of work, and return original copy of permit to Resident Engineer.
NOTIFICATION FOR ANNUAL PERMITS: Notify by phone, the Regional or Resident Engineer's Office, one week in advance, each time regular maintenance work is to be performed. In emergencies, notification by phone, fax or email should be made as soon as is practical, no later than the next business day.
354 7. SITE CARE AND RESTORATION: A bond, deposit (bank cashier’s check), or a Letter of Credit, in an amount designated by the Department of Transportation, may be required before a permit is issued, in order to guarantee restoration of the site to its original condition. A fully executed Undertaking Agreement may be accepted as an alternative security, where applicable. If the Department is obliged to restore the site to its original condition, the costs to the Department will be deducted from the amount of the permittee's deposit at the conclusion of the work. Costs in excess of the bond/deposit on file will be billed directly to the permittee. If permittee posts a Letter of Credit, the Department may elect to have a contractor restore the site, and issue a draft drawn against the Letter of Credit as payment.
• Anyone working within state highway right-of-way must wear high visibility apparel and hard hat meeting ANSI Class 2 requirements.
• No unnecessary obstruction is to be left on the pavement or the state highway right-of-way, or in such a position as to block warning signs during non-working hours.
• No work shall be done to obstruct drainage or divert creeks, water courses or sluices onto the state highway right-of-way.
• All false work must be removed and all excavations must be filled in and restored to the satisfaction of the Regional Maintenance Engineer.
8. COSTS INCURRED BY ISSUANCE OF THIS PERMIT: All costs beyond the limits of any liability insurance, surety deposits, etc. are the responsibility of the permittee. The State shall be held free of any costs incurred by the issuance of this permit, direct or indirect.
9. SUBMITTING WORK PLANS: The applicant will submit three (3) copies of work plans and/or maps as required by the Department. This shall include (but not limited to) such details as: measurements of driveways with relation to nearest property corner; location of existing and proposed poles, guide rail, signal equipment, trees or drainage structures; positions of guys supporting poles; a schedule of the number of poles and feet of excavation necessary for completion of work on the State right-of-way. A description of the proposed method of construction will be included.
• Plan work with future adjustments in mind, as any relocation, replacement or removal of the installation authorized by this permit and made necessary by future highway maintenance, reconstruction or new construction, will be the responsibility of the permittee.
• Driveway plans should be prepared in accordance with NYSDOT POLICY AND STANDARDS FOR ENTRANCES TO STATE HIGHWAYS.
• The permittee must coordinate the work with any State construction being conducted.
10. TRAFFIC MAINTENANCE: A plan detailing how the permittee intends to maintain and protect traffic shall be submitted with work plans. Traffic shall be maintained on the highway in a safe manner during working and non-working hours until construction is completed. The permittee is responsible for traffic protection and maintenance, including adequate use of signs, barriers, and flag persons during working and non-working hours until construction is completed. All sketches will be stamped with "MAINTENANCE OF TRAFFIC SHALL BE IN CONFORMANCE WITH THE NATIONAL MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.”
11. COST OF INSPECTION AND SUPERVISION: Prior to issuance of the Highway Work Permit, the permittee may be required to sign an INSPECTION PAYMENT AGREEMENT FOR HIGHWAY WORK PERMITS (FORM PERM 50) agreeing to the payment of construction inspection charges, based on the number of work days involved. In certain cases, the permittee may also be required to sign a PAYMENT AGREEMENT FOR HIGHWAY WORK PERMITS DESIGN REVIEW (FORM PERM 51) agreeing to design review charges, based on the number of work hours in which Department employees were engaged in design review activity.
12. SCOPE:
• Areas Covered: Permits issued are for highways, bridges and culverts over which the New York State Department of Transportation has jurisdiction. (Local governments issue permits for highways under their jurisdiction.) Work locations must be approved by the Department.
• Maintenance: Unless noted otherwise, applicant shall be fully responsible for the maintenance of all items installed and/or altered as shown on the approved permit plans and documents. Property owners having access to a state highway shall be fully responsible for the maintenance of their driveway in accordance with POLICY AND STANDARDS FOR ENTRANCES TO STATE HIGHWAYS.
• Work Commencement: The Permittee shall have a copy of the permit available at the site during the construction period. Work should start within 30 days from validation date of permit or said permit may be revoked.
13. REPORTING ACCIDENTS: Permittee is required to report any accidents that occur during the course of the permit work to their insurance company, and to provide the Department with a copy of any such report.
14. COMPLETION OF PROJECT: Upon completion of the work within the State highway right-of-way authorized by the work permit, the person and his or its successors in interest shall be responsible for the maintenance and repair of such work or portion of such work as set forth within the Terms and Conditions of the Highway Work Permit.
355 PERM 33 Submission Package Requirements
Submit three (3) copies of the final submission package: Submission package must include the entire PERM 33 with all work plans and supporting documents, including the following (check all that apply):
Stamped Final Plans – Submit in PDF file format on CD, with three (3) paper copies (1” = 50’), or as requested
ACORD 25 - Certificate of Insurance, with NYSDOT named as Additional Insured (See line 3 below).
ACORD 855 - New York Construction Certificate of Liability Insurance Addendum (See line 3 below).
PERM 1, 2, 6 or 16 - Undertaking Agreement, if applicable (See line 4 below).
PERM 36 - Attachment to Highway Work Permit – Consultant Inspection, if applicable
PERM 44 - Surety Bond – Performance bond in Applicant’s name, or deposit (Bank cashier’s check required)
PERM 50 – Inspection/Supervision Payment Agreement, if applicable
Proof of Worker’s Compensation Insurance (Form C-105.2, U-26.3 or SI-12), or proof of exemption (Form CE-200)
Proof of Disability Benefits Coverage (Form DB-120.1 or DB-155), or proof of exemption (Form CE-200)
Permit Fee (Include $25 Insurance Fee for residential operations)
Other (specify):
Insurance Requirements
1) In most cases, Permittee must provide proof of Commercial General Liability insurance coverage with limits of liability not less than $1,000,000 per claim/occurrence, unless any of the following circumstances exist, in which case the limits of liability shall not be less than $5,000,000 per claim/occurrence:
(a) The estimated value of permitted work in state right-of-way is $250,000 or more (see line 6 below); (b) The permitted work requires or includes the construction, alteration or maintenance of underground features at any depth five feet or more below grade; (c) The permitted work requires or includes the construction, alteration or maintenance of overhead features that include, but are not limited to, traffic signals, overhead sign structures, retaining walls or other grade separation structures.
2) Exceptions to the above liability limits include: (a) Annual maintenance permits require limits of liability not less than $5,000,000 per claim/occurrence; (b) Permits for vegetation control activities require limits of liability not less than $1,000,000 per claim/occurrence; (c) Residential driveway permits require limits of liability not less than $500,000 per claim/occurrence; and (d) Adopt-a-Highway permits are exempt.
3) ACORD 25 with ACORD 855 (New York Construction Addendum) shall be submitted as an acceptable proof of liability coverage. New York State Department of Transportation should be named as Additional Insured and as the Certificate Holder at the address of the issuing office.
4) Municipalities, public utilities, public authorities and railroads may elect to provide a fully executed Undertaking Agreement as a substitute for providing proof of insurance coverage, or any other financial security otherwise required.
5) Homeowners may pay a $25 Insurance Fee in lieu of providing proof of insurance, however any contractor performing on behalf of a homeowner and who is named on the permit must provide proof of insurance as outlined above.
6) When the estimated cost of work being performed in the right-of-way equals or exceeds $250,000, Permittee must additionally provide proof of a Protective Liability (OCP) insurance policy with a minimum liability limit of $1,000,000 per occurrence, with New York State Department of Transportation as Named Insured.
Permittee agrees to maintain liability insurance in full force and effect throughout the term of the highway work permit. Expiration of, or lack of, liability insurance coverage automatically terminates the permit. 356 For more information on insurance requirements, go to: www.dot.ny.gov/permits-insurance PERM 33 NON-UTILITY (7/15) SUBMIT THREE (3) COPIES
STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION HIGHWAY WORK PERMIT APPLICATION FOR NON-UTILITY WORK
Application is hereby made for a highway work permit: For Joint application, name and address of Applicant 2 below:
Name ______Name ______
Address ______Address ______
City ______State ______Zip ______City ______State ______Zip ______
Applicant Phone (_____)______Applicant 2 Phone (_____)______
Applicant Email Address ______Applicant 2 Email Address ______
Emergency Contact ______
Emergency Phone (______) ______
RETURN PERMIT TO: (if different from Permittee) RETURN DEPOSIT/BOND TO: (if different from Permittee)
Name ______Name ______
Address ______Address ______
City ______State ______Zip ______City ______State ______Zip ______
DESCRIPTION OF PROPOSED WORK: ______
______
______
______
Estimated cost of work being performed in highway right-of-way: $ ______
Anticipated duration of work: From ______to ______(applies to the operations indicated on the reverse side)
WILL OVERHEAD OR UNDERGROUND (5’+) OPERATIONS BE INVOLVED IN THE PROPOSED WORK? YES _____ NO _____
ATTACHED: Plans ______Specifications ______
LOCATION: State Route: ______Located Between Reference Markers ______and ______
City/Town/Village of ______County of ______
SEQR REVIEW (select one)
[ ] Type II [ ] Type I [ ] Unlisted LEAD AGENCY: ______DATE OF DETERMINATION: ______
Insurance (check one): ______General Liability Insurance ______Undertaking ______Insurance Fee (residential operations only)
NOTE: PERMIT IS ISSUED CONTINGENT UPON ALL LOCAL REQUIREMENTS BEING SATISFIED
ACKNOWLEDGMENT: ON BEHALF OF THE APPLICANT, I HEREBY REQUEST A HIGHWAY WORK PERMIT, AND DO ACKNOWLEDGE AND AGREE TO THE RESPONSIBILITIES OF PERMITTEE AND THE OTHER OBLIGATIONS SET FORTH IN THIS PERMIT AND WARRANT COMPLIANCE THEREWITH.
Applicant Signature ______Date ______
Applicant 2 Signature ______Date ______
Approval recommended by Resident Engineer ______Res No ______Date ______
Approved by Regional Traffic Engineer ______Reg No ______Date ______
357 Permit Insurance Total Fees Operational Type and Description Fee Fee $ 0.00 DRIVEWAYS 5a1 Residential Driveway (includes field entrances) 15 25 5a6 Temporary access road or street 200 For Commercial Driveways and subdivisions streets, use form PERM 33-COM IMPROVEMENTS 5b1 Residential 15 25 5b2a Commercial- Sidewalk, curb paving, drainage, etc. 200 5b2b Commercial – Grade, seed, improve land contour, clear brush 100 5b2c Commercial – Resurface existing road or driveway 50 5b2d1 Annual resurfacing of roadways and driveways – PER COUNTY 150 Number of counties: 5b2d2 Annual resurfacing of roadways and driveways – PER REGION 400 TREE WORK 5c1 Residential 15 25 5c2a Commercial removal or planting 25 5c2b Commercial pruning, applying chemicals to stumps 25 5c3 Vegetation control for advertising signs – PER SIGN 150 Number of Signs: MISCELLANEOUS CONSTRUCTION AND WORK OPERATIONS 5d1 Beautify ROW (civic groups only) N/C 5d2a Temporary signs, banners, décor (not-for-profit organizations) N/C 5d2b Temporary signs, banners, décor (other organizations) 25 5d3 Traffic control signals 500 5d4 Warning and entrance signs 25 5d5 Miscellaneous – Requiring substantial review (describe below) 400 5d6 Miscellaneous (describe below) 25 OTHER TYPES OF HIGHWAY WORK PERMITS 6 Encroachment caused by DOT acquisition of property 25 7a1 Compulsory permit required for demolition requested by DOT N/C 7a2 Compulsory permit required for moving requested by DOT N/C 7b Improvement to meet Department standards N/C 8 Miscellaneous (describe below) 25 9 Adopt-a-Highway (exempt from insurance requirement) N/C Description of Miscellaneous Operation:
PERFORMANCE SECURITY (Select one): Guarantee Deposit - Cash [ ] Performance Bond [ ] Letter of Credit [ ]
Guarantee Deposit Amount: ______
Guarantee Deposit Check Number or Bond Number ______
(To be completed by NYSDOT issuing office)
Project Identification Number ______Highway Work Permit No. ______
State Highway (SH) Number ______Record ID Number ______
PERM 33 (7/15) REVERSE 358
SUPPLEMENTAL INFORMATION
The following information can be accessed from the City’s Bid/RFP page on www.auburnny.gov
• Sign Face Layouts • Subsurface Information
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