BID/INQUIRY RESPONSE FORM PLEASE READ AND RETURN IMMEDIATELY
Bid/Inquiry No: Q16-6022MS 123 Main Street Due Date: 03/10/2016 White Plains, New York 10601 Attention: Margarita Soto Site Visit Date: 02/16/2016 RESPONSE (CHECK One) __ Yes, we will submit a proposal for the above Bid/Inquiry. __ No, we are unable to submit a proposal at this time.
REASON(S) FOR NOT BIDDING (Check all applicable boxes) __ Not our scope of work. __ Present work load too heavy at this time. __ Scope of work too small. __ Scope of work too large. __ Not enough time to bid. How much more time needed? ______Specification requirements too stringent (Please explain on separate paper). __ Commercial requirements too stringent (Please explain on separate paper). __ Contract Reporter notification received too late to respond. Date Received ______. __ Unable to meet Bond Requirements. __ Unable to meet Insurance Requirements. __ Unable to submit a competitive bid at this time. __ Key personnel unavailable at this time. __ Cannot meet Delivery or Schedule Requirements. __ Lack of experience. __ Other (Please Explain).
IF YOU ARE UNABLE TO SUBMIT A BID, DO YOU WISH TO RECEIVE FUTURE SOLICITATIONS FROM THE NEW YORK POWER AUTHORITY? ___ YES ___ NO
Name Company (Please Print)
Date Telephone No.
(Mail or Fax this form to FAX No. (914) 681-6783) NEW YORK POWER AUTHORITY
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (“Agreement”) made as of ______is between the New York Power Authority (“NYPA”), having an office at 123 Main Street, White Plains, New York 10601, and ______(“Bidder”) with offices at______. WHEREAS, NYPA has issued a Request for Proposals (“RFP”) No. Q16-6022MS entitled SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS PROJECT located at the CHARLES POLETTI POWER PLANT, Astoria, New York, (the “RFP”); and WHEREAS, in order for prospective Bidders to submit its proposal to provide SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS, NYPA will provide Confidential Information (as defined below) to the Bidder and, accordingly, the Bidder, as a condition of receiving the Confidential Information from NYPA, has agreed to enter into this Confidentiality Agreement with NYPA for the protection of the Confidential Information; NOW, THEREFORE, in consideration of the terms and conditions as herein set forth, NYPA and the Bidder agree as follows:
1. In connection with the RFP issued by NYPA, NYPA is furnishing the Bidder with certain Confidential Information (as defined below) regarding NYPA’s operations that are non-public, confidential or proprietary in nature.
2. As used in this Agreement, “Confidential Information” shall mean (i) any and all information (whether written, digital or in any other form) contained in the RFQ and/or any other documents provided to the Bidder relating to the physical structure, the security and the operation of NYPA power plants such as building plans, major system and equipment specifications, site layouts, etc., (ii) oral disclosures of information or data relating to the physical structure, security and the operation of NYPA power plants (iii) information or data obtained as a result of visual access to such information during site visits; or specifically (iv) preliminary assessment reports, photographs, and lead/asbestos abatement reports.
3. Confidential Information shall not include any information or data that is (i) generally available from public sources or in the public domain through no fault of the Bidder, (ii) received at any time from any third party without breach of a nondisclosure obligation to NYPA (iii) developed independently by employees of the Bidder who had no access to Confidential Information of NYPA or known to Bidder prior to its disclosure by NYPA (iv) required to be disclosed by law; or (v) approved for disclosure without any confidentiality obligation by NYPA.
1 Confidentiality Agreement Q16-6002MS 4. Bidder shall only use the Confidential Information for the purpose of submitting a proposal to provide SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS and developing a response to the RFQ. In addition, the Bidder agrees that it will not use the Confidential Information for any other purposes, including but not limited to promotional purposes in any manner or in any form, and will not copy or modify the Confidential Information, or make any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by NYPA. 5. In order to preserve the confidentiality of the Confidential Information, Bidder shall:
(a) protect and preserve the confidential and proprietary nature of all Confidential Information and use the same care and discretion to avoid disclosure of Confidential Information as the Bidder uses with respect to its own confidential information;
(b) hold the Confidential Information in the strictest confidence and not disclose any Confidential Information to any persons other than Bidder’s employees or representatives of Bidder who need to know the Confidential Information for the purposes described in the RFQ;
(c) not use or make any records or copies of, or permit anyone else to use or make any copies of, the Confidential Information, except as may be required by the Bidder for the purposes of the Request for Proposals;
(d) notify NYPA immediately of any loss of misplacement of NYPA’s Confidential Information, in whatever form.
(e) comply with reasonable security procedures as may be requested by NYPA from time to time for protection of the Confidential Information, including without limitation, procedures concerning the transportation, storage and use of Confidential Information and computer and/or data processing media containing any Confidential Information.
6. In the event the Bidder is required by subpoena, court order or other similar process to disclose Confidential Information, it shall (unless prohibited from doing so by law or by court order) provide NYPA with immediate written notice and documentation thereof, so that NYPA may seek a protective order or other appropriate remedy.
7. At the conclusion of the RFQ process, or upon the request of NYPA, the Bidder must immediately, at NYPA’s option:
(a) return to NYPA all NYPA’s Confidential Information that was supplied to the Bidder by NYPA or any other of NYPA’s Confidential Information in the control or possession of the Bidder; or
2 Confidentiality Agreement Q16-6022MS (b) destroy the Confidential Information and permit NYPA to witness the destruction, and delete, and ensure the deletion of, all the Confidential Information that consists of machine readable records; and
(c) promptly upon completion by the Bidder of its obligations herein, the Bidder must certify to NYPA that all the Confidential Information has been returned, destroyed and deleted.
8. The obligations of the Bidder under this Agreement shall remain in effect even if (i) the purpose of this Agreement is completed or terminated and/or (ii) the Bidder has returned, destroyed or deleted the Confidential Information in accordance with this Agreement.
9. This Agreement is made in, and shall be interpreted, construed, governed and enforced in accordance with the laws of the State of New York. Each of the parties hereby agrees to submit to the nonexclusive jurisdiction of the United States District Court for the Southern District of New York and/or any New York State Supreme Court sitting in Westchester County for the purposes of all legal proceedings arising out of or relating to this Agreement. Each of the parties hereby irrevocably waives, to the fullest extent permitted by law, any objection to the selection of this venue and any claim that any proceeding brought in such a court has been brought in any inconvenient forum.
10. In the event a court of law finds any provision of this Agreement void and unenforceable, the remaining provisions shall remain in full force and effect.
Name of Bidder:
______POWER AUTHORITY OF THE STATE OF NEW YORK
By: ______By: _Margarita Soto______(Type or Print your name) (Type or Print your name)
By: ______By: ______(Signature) (Signature)
Date: ______Date: ______02/12/2016______
3 Confidentiality Agreement Q6-6022MS SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______REQUEST FOR QUOTATION RFQ number/date TO ALL BIDDERS 6000163590 / 01/29/2016 Contact person/Telephone MARGARITA SOTO/914-287-3089 E-Mail Address [email protected] Your vendor number with us Our fax number 100 914-681-6783
Our reference Q16-6022MS
Delivery Point: Quotation Due by CHARLES POLETTI POWER PLANT Close of Business: 03/10/2016 NEW YORK POWER AUTHORITY Delivery date: 12/28/2016 31-03 20th AVENUE ASTORIA NY 11105 Deliv. terms: DDP DESTINATION / JOB SITE Payt. terms: NET DUE WITHIN 30 DAYS
FEBRUARY 11, 2016 INQUIRY NO. Q16-6022MS SUBJECT: SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS PROJECT
REQUEST FOR PROPOSAL
THE NEW YORK POWER AUTHORITY (HEREAFTER, THE "AUTHORITY" OR"NYPA") INVITES YOU TO SUBMIT A FIRM LUMP SUM PRICE PROPOSAL TO FURNISH ALL LABOR, SUPERVISION, MATERIALS, AND EQUIPMENT (EXCEPT FOR SERVICES, MATERIALS, AND/OR EQUIPMENT TO BE FURNISHED BY OTHERS AS SPECIFICALLY REFERRED TO IN THE CONTRACT DOCUMENTS) AND PERFORM ALL OPERATIONS REQUIRED FOR THE SCREENWELL INTAKE DECK REHABILITATION SERVICE PLATFORM DEMOLITION AND SHORELINE REPAIRS PROJECT LOCATED AT THE AUTHORITY'S CHARLES POLETTI POWER PROJECT, ASTORIA, NY, ALL IN ACCORDANCE WITH THE BID DOCUMENTS.
NOTICE TO ALL BIDDERS: SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
TO ALL BIDDERS RFQ number/date Page 6000163590 / 01/29/2016 2
Bidders are hereby DIRECTED to make use of the New York Power Authority's web site at www.nypa.gov in order to obtain current and complete bid documents, bid addenda, post-bid addenda and related notices. Bidders obtaining bid documents from sources other than www.nypa.gov web site do so at their own risk. Incomplete bid responses may be rejected by the Authority. A PROPOSAL GUARANTEE WILL BE REQUIRED WITH EACH PROPOSAL IN AN AMOUNT NOT LESS THAN FIVE PERCENT (5%) OF THE FIRM LUMP SUM BID. THE AUTHORITY RESERVES THE RIGHT TO REQUIRE A PERFORMANCE BOND. NEW YORK STATE LAW REQUIRES A PAYMENT BOND.
A. SITE VISIT:
A Site Visit (Pre-Bid Tour) is scheduled for Tuesday, February 16, 2016 at 9:30 AM. Bidders shall convene at the Charles Poletti Power Plant Security Office located at Charles Poletti Power Plant, 31-03 20th Avenue, Astoria, New York. All Bidders are required to bring photo identification to obtain access to the site. Bidders planning to attend must provide the name(s) of the Representative(s) that will be attending and email the name(s) to: [email protected] two (2) working days prior to the site visit. Please bring identification and wear Personal Protective Equipment (PPE). B. INSTRUCTIONS/INFORMATION TO BIDDERS: 1. THE AUTHORITY'S DESIGNATED CONTACT PERSON DURING THE FORMAL BID PERIOD IS THE UNDERSIGNED (MARGARITA SOTO). NO OTHER AUTHORITY PERSONNEL IS AUTHORIZED TO RECEIVE, INITIATE OR COMMUNICATE INFORMATION OF ANY KIND REGARDING THIS RFQ DURING THE "RESTRICTED PERIOD". ALL INQUIRIES REGARDING THIS RFQ MUST BE DIRECTED TO THE UNDERSIGNED. FAILURE OF PROSPECTIVE BIDDER TO FULLY COMPLY WITH THIS REQUIREMENT MAY RESULT IN THE REJECTION OF ITS BID PROPOSAL. THE "RESTRICTED PERIOD" IS DEFINED TO BE THE PERIOD OF TIME COMMENCING WITH THE EARLIEST WRITTEN NOTICE, ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BIDS OR SOLICITATION OF PROPOSALS, OR ANY OTHER METHOD FOR SOLICITING A RESPONSE FROM BIDDERS INTENDING TO RESULT IN A PROCUREMENT CONTRACT AND ENDING WITH THE FINAL CONTACT AWARD. SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
TO ALL BIDDERS RFQ number/date Page 6000163590 / 01/29/2016 3
IF THERE ARE ANY QUESTIONS REGARDING THIS RFP, UNDER §§ 139-J AND 139-K OF THE STATE FINANCE LAW (SFL), ALL QUESTIONS MUST BE DIRECTED IN WRITING TO: Margarita Soto Sr. Procurement Specialist New York Power Authority 123 Main Street White Plains, New York 10601 914-287-3089 (PHONE) 914-681-6783 (FAX) Email: [email protected] BIDDER MUST DIRECT ALL INQUIRIES REGARDING THIS RFQ TO THE ABOVE DESIGNATED CONTACT PERSON, ONLY. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY JEOPARDIZE YOUR PROPOSAL WHICH MAY RESULT IN ITS REJECTION. 2. Bidders MUST return the BID/INQUIRY RESPONSE FORM IMMEDIATELY 3. The terms "Request For Quotation" (RFQ) And "Request For Proposals" (RFP) as used throughout, are synonymous. 4. The term "Itemized Proposal Form" shall mean RFQ or RFP. 5. The terms "Bidder/Proposer", "Bidder", "Consultant", and "Contractor", as may be used throughout, are synonymous. 6. The terms "Contract", "Contract/P.O.", "Agreement", and Purchase Order Release Against Contract (POR)" as may be used throughout, are synonymous. 7. BIDDERS SHALL SUBMIT ONE (1) ORIGINAL, ONE (1) COPY AND ONE (1) READ ONLY CD (NO USB DRIVES) OF THEIR PROPOSAL WITH ALL OF THE REQUIRED DATA, PROPERLY COMPLETED, TO THE FOLLOWING ADDRESS: NEW YORK POWER AUTHORITY 123 MAIN STREET WHITE PLAINS, N.Y. 10601 Attn: MARGARITA SOTO SR. PROCUREMENT SPECIALIST BY 4:00 P.M. (EST) ON THURSDAY, MARCH 10, 2016. SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
TO ALL BIDDERS RFQ number/date Page 6000163590 / 01/29/2016 4
EACH PROPOSAL INCLUDING THE SHIPPING BOX/ENVELOPE(S) AND CD SHALL BE MARKED ON THE OUTSIDE:
"DO NOT OPEN-SEALED-PROPOSAL FOR INQUIRY NO.Q16-6022MS - SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS PROJECT"
8. ALL PROPOSALS SHALL BE VALID FOR A PERIOD OF 180 DAYS FROM DATE OF RECEIPT BY NYPA UNLESS OTHERWISE EXTENDED, OR MODIFIED IN IN WRITING, BY NYPA. 9. PRICES QUOTED SHALL INCLUDE F.O.B. DESTINATION/JOB SITE. 10. PROVIDE YOUR FIRM LUMP SUM PRICING ON THE PRICE INQUIRY FORM BELOW ON PAGE 11. 11. PROPOSALS WILL BE EVALUATED ON EXPERIENCE, RESOURCES, TECHNICAL PROFICIENCY, RESPONSIVENESS TO THE BID REQUIREMENTS, PRICE, AND SCHEDULE. 12. ALL PROPOSALS MUST BE; IN THE ENGLISH LANGUAGE, LEGIBLE AND SUBMITTED IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: 13. NEW YORK STATE DEPT. OF LABOR PREVAILING WAGE RATES ARE APPLICABLE AND ANNEXED HERETO AS PRC # 2016001041. 14. Return this ENTIRE RFQ No. 6000163590 with Electrical Bidder's/Proposer's authorized signature. C. SUBMITTAL REQUIREMENTS: NYPA requires the Bidder to submit a proposal that clearly addresses all of the requirements outlined in this RFQ and as further specified in the Technical Specification annexed to this document.
1. THE BIDDER'S FIRM LUMP SUM PRICE FOR THE ITEMS SPECIFICALLY REQUESTED ON THE PRICE INQUIRY FORM BELOW.
2. APPENDIX "A" - "Miscellaneous Provisions" Complete and Sign 3. Complete and return FORM "B-1".
4. APPENDIX "C" - SUBMIT in detail, a COMPLETED ATTACHMENT NO. 1 and M/WBE Listings for reference SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
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5. APPENDIX "E" - Complete and return ATTACHMENT 1
6. APPENDIX "F" - Computer Aided Drawing Requirements For New York Power Authority. (no action required)
7. APPENDIX "G" - Submit: EEO Policy Statement and Form G-1 8. APPENDIX "H" - Tax Law Requirements. Successful bidder to return all Forms completed. 9. APPENDIX "J" - BIDDER/CONTRACTOR COMPLIANCE WITH STATE FINANCE LAW §§ 139-J AND 139-K PROVIDING FOR DISCLOSURES. Return all Forms completed. 10. APPENDIX "M" - USE OF ULTRA LOW SULFUR DIESEL FUEL AND BEST AVAILABLE RETROFIT TECHNOLOGY (BART) FOR HEAVY DUTY VEHICLES SUBMIT FORM ATTACHMENT 1.
11. APPENDIX "N" - THE NEW YORK STATE IRAN DIVESTMENT ACT OF 2012 IRANIAN ENERGY SECTOR DIVESTMENT" COMPLETE AND SIGN PAGE 2. In addition, the Proposal must include the following information which may supplement but shall not duplicate any information submitted as per the above: 12. Complete and return Safety Performance Questionnaire
13. A Scope of Work outlining the Bidder's understanding of the Work which shall include a detailed work plan.
14. A detailed Critical Path Method (CPM) Construction Schedule for orderly completion of work within the construction schedule as outlined in SC-04. 15. Organization chart, inspection team composition, resumes of individuals who will perform and support the Work. 16. Documentation of established training programs and certifications.
17. Three (3) years of safety history indicating Recordable Incidence Rates, Severity Rate and Experience Modification Rate. SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
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18. A list of all proposed subcontractors; description of their proposed work; contact names, addresses, phone number and references; and listing of previous/similar Work performed; with completion dates and prices, descriptions, and resumes of key personnel.
19. Copies of any permits and licenses that the Bidder currently possesses to perform this Work. 20. A list of prior projects covering similar assignments conducted by the Bidder over the past three (3) years. Include only those projects that proposed personnel have actually worked on.
21. Provide drawings, data, manufacturer's information, methods, and equipment as specified in the Contract Documents.
22. A copy of Bidder's current pre-printed "brochure," if any, or other material, detailing the Bidder's organization chart, office locations, capabilities, expertise etc.
23. Client References with names of individuals, preferably managers of projects and telephone numbers that enable NYPA to assess past performance.
24. Provide safety plan to be utilized for this assignment. 25. Prepare and submit construction permits and drawings which are to be reviewed, signed and sealed by a NYS Professional Engineer per the specifications.
D. EVALUATION CRITERIA: NYPA intends to engage the most qualified Contractor available for this project. It is necessary, therefore, that the Bidders Proposal fully responds to all aspects of the RFQ. Bidder must provide NYPA with clearly expressed information concerning the Bidders understanding of NYPA's specific requirements and qualifying the Bidder to conduct the Work in a thorough and efficient manner. SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
TO ALL BIDDERS RFQ number/date Page 6000163590 / 01/29/2016 7
The following criteria shall be used in evaluation of the Bidder's proposal: 1. Experience - The Authority will evaluate submitted materials for demonstrated experience and knowledge shown by the previous performance of similar Work. 2. Schedule compatibility - The Bidder's proposed schedule will be evaluated for compliance to NYPA requirements. Ability to develop schedule, complete tasks and meet deadlines, on time and within budget. 3. Price - The contract award will be based on the proposal that most meets the overall needs of the Contract. Project cost will not be the sole determining factor. The Bid amount shall be submitted to perform all the Work as indicated in the Bid/Contract Documents. 4. References - The Bidder MUST provide a list of contacts that it has performed similar work for. Bidder failure to meet the requirements of this section may result in no further consideration of its Bid Proposal. 5. Financial Statements that represent the overall financial condition of the Bidder (including latest Annual Report).
6. Appendices - Bidder responses to all required Appendices (A, C, E, G, H, J, M and N). 7. The Authority desires an Exception-free proposal which will be considered during the evaluation phase. 8. The Authority reserves the right, at its discretion, to require pre-award presentations and inspection of the facilities of selected Bidders. THE AUTHORITY MAKES NO GUARANTEE AS TO THE AMOUNT OF WORK OR SERVICES THAT THE CONTRACTOR MAY BE RELEASED TO PERFORM. E. OTHER REQUIREMENTS: 1. The successful Bidder will be required to perform all Work in accordance with applicable State and Local requirements, including but not limited to New York State Dept. of Labor wage rate requirements applicable for the NY County where Work is performed. SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
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2. The proposal and all supplemental data shall be legible and in the English language. Proposals that do not meet these requirements or that contain omissions, erasures, alterations, additions or items not called for in the Request For Proposal or that contain irregularities of any kind, may be rejected as informal. 3. The names of the president, secretary and treasurer and the date and state of incorporation and principal place of business shall be given on page B-1 of this RFP (see section C-4 above). 4. ANY EXCEPTIONS TO THE BIDDING DOCUMENTS LISTED BELOW SHALL BE SPECIFICALLY IDENTIFIED AND STATED UNDER A SEPARATE SECTION OF THE PROPOSAL TITLED "DEVIATIONS AND EXCEPTIONS". 5. Payee Identification Numbers. Under the provisions of Chapter 295 of the Laws of 1987, the New York Power Authority is required to report to the N.Y. State Dept. of Taxation and Finance in connection with your proposal for or the award of these services the following information: Your Business Name: ______Your Business Address: ______Your Federal social security account number: ______Your Federal employer identification number: ______If you do not have the above numbers, please state the reason or reasons why: ______Such numbers shall only be made available to the public as provided by law.
F. DEVIATIONS AND EXCEPTIONS:
Each Bidder shall submit a statement titled "Deviations and Exceptions" showing the deviations and/or exceptions, if any, from the RFP. Each exception or deviation shall be listed, together with sufficient data to fully explain the scope and the reason therefor. No material submitted which amends or modifies any part of the RFP shall bind the Authority unless contained in a "Deviations and Exceptions" list and subsequently expressly agreed to by the Authority. SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
TO ALL BIDDERS RFQ number/date Page 6000163590 / 01/29/2016 9
Incorporation by reference of Bidder's standard terms and conditions, and the transmittal of such terms and conditions in a manner other than as part of the "Deviations and Exceptions" list, shall not be deemed in compliance with this paragraph and shall be of no effect. G. AWARD OF CONTRACT: Bidder shall note the following: Subject to the rights hereinafter reserved and any other applicable rights, it is intended to award an agreement for all or part of the services, within one hundred twenty (120) days after opening of Bid, to the Bidder whose proposal fully conforms to the requirements of the RFP and complies with all the provisions required to render it formal, and as deemed most advantageous to the Authority. The right is reserved, as the interest of the Authority may require, to reject any proposal or all proposals, and to waive any informality in any proposal received. Without limiting the generality of the foregoing, and solely for guidance in preparation of proposals, the Bidder is informed that a proposal may be rejected if the Bidder cannot show to the satisfaction of the Authority: 1. That it has the necessary capital and experience, or that it owns, controls, or can procure the necessary materials and services to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate, or within the time specified, or that it is not already obligated for the performance of other Work which would delay the commencement, prosecution, or completion of the Work contemplated by the Contract/Agreement. 2. Any proposal which, in the opinion of the Authority is unbalanced may be rejected. 3. The facts as to business and technical organization, financial and other resources, or business experience as related to the services proposed upon.
Award of this Request For Proposal to the successful Bidder shall be made by issuance of a Purchase Order, properly completed and executed by the Authority and incorporating the portions of Bidder's proposal acceptable to the Authority.
THE AUTHORITY RESERVES THE RIGHT TO AWARD THE CONTRACT IN WHOLE OR IN PART. SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
TO ALL BIDDERS RFQ number/date Page 6000163590 / 01/29/2016 10
ALL PRICES QUOTED SHALL BE IN U.S. CURRENCY. ALL EXPENSES INCURRED BY YOUR FIRM IN PREPARATION OF YOUR PROPOSAL WILL BE TO YOUR ACCOUNT. THE RIGHT IS RESERVED TO REJECT ANY OR ALL PROPOSALS. H. BID/CONTRACT DOCUMENTS: ATTACHED TO, AND FORMING A PART OF THE BID/CONTRACT DOCUMENTS ARE: Bid Inquiry Response Form Confidentiality Agreement (Required for CD Drawings) Request For Quotations Form P.O. Address of the Proposer (Page B-1) Construction Boilerplate: 1. Agreement 2. General Conditions 3. Supplementary Conditions Bid Bond Performance Bond Payment Bond NYS Dept. of Labor Prevailing Wage Rate PRC No. 2016001041 Appendix A "Miscellaneous Provisions" Appendix B "Prompt Payment Policy" Appendix C "Minority and Women Business Enterprise (M/WBE) Participation Goal Requirements" Appendix D "NYPA Background/Screening Program" Appendix E "Omnibus Procurement Act of 1992 Requirements" Appendix F "Computer Aided Drawing Requirements for New York Power Authority Appendix G "Equal Employment Opportunities Requirements" Appendix H "Tax Law Requirements" Appendix I "NERC CIP Requirements" Appendix J "Bidder/Contractor Compliance with State Finance Law §§ 139-J and 139-K Providing for Certain Procurement Disclosure" Appendix M "Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology (BART) for Heavy Duty Vehicles" APPENDIX N "The New York State Iran Divestment Act Of 2012, Iranian Energy Sector Divestment" SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
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Safety Performance Questionnaire Division 1 - Screenwell Intake Deck Rehab Service Platform Demo Civil Technical Specifications Environmental Procedures Certificate of Insurance - Acord Form Requested Drawings (Confidentiality Agreement Required for CD)
********************************************************************** GROSS LUMP SUM PRICE for all Work associated with RFP No.: Q16-6022MS $______
(words)______
______
______Item Material Unit Extended ______RFQ quantity Unit Price Price 00001 1 EACH $______$ ______Performance and payment bond. The actual receipted cost of the P/P Bond Premium 00002 will be reimbursed by the Authority. 1 EACH $______$ ______General Requirements; site trailer, submittals, shop drawings, insurance, as-built drawings, safety coordination, construction coord ination meetings, CIMP program implementation. 00003 1 EACH $______$ ______SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM ______
TO ALL BIDDERS RFQ number/date Page 6000163590 / 01/29/2016 12
______Item Material Unit Extended ______RFQ quantity Unit Price Price 00004 1 EACH $______$ ______Installation of erosion control measures, and sedimentation and turbidity control measures. 00005 1 EACH $______$ ______Installation of erosion control measures, and sedimentation and turbidity control measures. 00006 1 EACH $______$ ______Drains replacement. 00007 1 EACH $______$ ______00008 1 EACH $______$ ______Service Platform Demolition. 00009 1 EACH $______$ ______Shoreline Restoration. 00010 1 EACH $______$ ______Service Platform Demolition 00011 1 EACH $______$ ______Structural supports across existing openings. 00012 1 EACH $______$ ______Demobilization 00013 1 EACH $______$ ______As-built plans and surveys 00014 1 EACH $______$ ______Service Platform Demolition P.O. ADDRESS OF THE BIDDER
Company Name/D/B/A
Street Address
City, State/Province and Zip Code Country Email
Telephone No. Ext.: Fax No. Fed ID No.
E Mail Address
ADDRESS FOR CHECK PAYMENTS (if different from above)
Street
City, State/Province Country and Zip Code If a Corporation
Name Address
, President
, Secretary
, Treasurer
Date and State or Province of Incorporation
If a Partnership
Name of General Partners Address
,
,
,
If an Individual
Name of Individual Address
,
If a Joint Venture
Name of Organizations Addresses
,
,
, Rev.0, 5/98 B-1 AGREEMENT POWER AUTHORITY OF THE STATE OF NEW YORK
FOR THE SCREENWELL INTAKE DECK REHABILITATION SERVICE PLATFORM DEMOLITION AND SHORELINE REPAIRS PROJECT
This AGREEMENT effective this day of , by the Power Authority of the State of New York, hereinafter referred to as the "Authority," a corporate municipal instrumentality of the State of New York, having a principal place of business at 30 South Pearl Street, Albany, New York, 12207, and an office located at 123 Main Street, White Plains, New York, 10601 and ______a corporation organized and existing under the laws of ______; a partnership or joint venture consisting of ______; an individual trading as ______of the city of _____ in the State of ______, hereinafter called the "Contractor."
Witnesseth, that the Authority and the Contractor, for the consideration hereinafter named, agree as follows:
ARTICLE 1. WORK TO BE DONE
The Contractor shall (a) furnish all materials, plant, tools, skill and labor of every kind required, complete in the most substantial and workmanlike manner, the SCREENWELL INTAKE DECK REHABILITATION SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS PROJECT in strict accordance with this Agreement, the General Conditions, Supplementary Conditions, Plans, Drawings and Specifications hereto attached, all of which are made a part of this Contract, and (b) do everything required by the Contract (Contract Documents) as defined herein. ARTICLE 2. DOCUMENTS FORMING THE CONTRACT
The Contract (herein also referred to as the Contract Documents) shall be deemed to include the Advertisement or Invitation for Proposals; Information for Bidders; the Contractor's Itemized Proposal; the AGREEMENT; any bond or bonds required and attached hereto; the General
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-1 Conditions; Supplementary Conditions; the Drawings; Specifications (including to the extent of such reference only, any standard specifications referred to therein); all addenda noted below; all written change orders signed by the Authority and Contractor; all provisions required by law to be inserted in the Contract whether actually inserted or not;
ARTICLE 3. DETERMINATION AS TO VARIANCES
In case of any ambiguity in the Contract Documents, or any conflict between provisions of any of them, the matter shall be immediately submitted to the Authority in writing who shall adjust the same in writing and its decision in relation thereto will be final and conclusive upon the parties.
ARTICLE 4. EXAMINATION OF DOCUMENTS AND SITE
The Contractor agrees that before making its Proposal that it has carefully examined the proposed Contract Documents, together with the site, as well as its surrounding territory, and it has inquired into and obtained all necessary data as to the existing and presently planned access highways, railroad, water and air transportation facilities, and is fully informed regarding all of the conditions affecting the Work to be done and labor and materials to be furnished for the completion of this Contract, and that its information was secured by personal investigation and research and not from the estimates or records of the Authority. It further agrees that it will make no claim against the Authority by reason of estimates, tests or representations of any officer, employee or agent of the Authority or because of unavailability or difficulties in transportation facilities, including seasonal posting of roads, and seasonal weather variations and fluctuations from normal nor shall such unavailability or difficulty of any particular form or mode of transportation be the basis for any extension of time for completion of the Work or claim for damages.
ARTICLE 5. ADMINISTRATION: AUTHORIZATION TO CHANGE CONTRACT
The Contract will be administered by the Engineer, whose name and address are set forth in the paragraph entitled "Contract Administration" in the Supplementary Conditions, and all correspondence in connection herewith shall be directed to the Engineer.
Notwithstanding the foregoing, neither the Engineer nor any officer, employee, agent or other representative thereof has any authority to add, delete, change, or otherwise modify this Contract or any of its terms. Amendments and other modifications and changes to the Contract can be made only in writing executed by the Authority or someone authorized by it in writing to do so. This is not to mean, that the Engineer cannot exercise judgment hereunder where other terms of the Contract Documents provide for such exercise of judgment.
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-2
ARTICLE 6. COMMENCEMENT, PROSECUTION AND COMPLETION
The Contractor further agrees that it will do everything to permit it to, and will, begin the Work within 10 days after date of receipt of notice of award of Contract, unless a different date is provided elsewhere in the Contract Documents or unless the written consent of the Authority is given to begin at a different date, and shall prosecute the Work with such diligence as to fully complete the entire work or such portions thereof on or before the date(s) or within the time(s) specified therefor in the Supplementary Conditions, unless the written consent of the Authority is given to complete the Work at a different date or time.
TIME IS OF THE ESSENCE OF THIS CONTRACT and the Work shall be prosecuted in such a manner and with sufficient plant and forces to complete the Work within the time(s) of completion specified.
ARTICLE 7. LIQUIDATED DAMAGES a) Liquidated damages, if any, for the Contractor's failure to complete the Work or any specified portion thereof in accordance with all of the terms of the Contract Documents, are to be assessed as set forth in the Supplementary Conditions. b) Liquidated damages, if any, for the Contractor's violation of any of the other terms of the Contract shall be set forth in the Supplementary Conditions. c) Such sum or sums as are set forth in accordance with subparagraphs (a), (b), and (c) hereof and in the Supplementary Conditions, assessed jointly or separately, in view of the difficulty of accurately ascertaining the loss which the Authority will suffer by reason of delay in completion of the Work, or any specified portion thereof, or by any other specified violation of the Contract terms, are hereby fixed and agreed as the liquidated damages that the Authority will suffer respectively by reason of such delay, movement, or violation, and not as a penalty. The Authority will deduct and retain out of the monies which may become due hereunder to the Contractor, the amount of any such liquidated damages, and in case the amount of the monies which may become due hereunder shall be less than the amount of liquidated damages suffered by the Authority, the Contractor shall pay the difference upon demand by the Authority.
ARTICLE 8. ALTERATIONS AND OMISSIONS a) The Work shall be performed in accordance with the true intent and meaning of the Contract Documents without any further expense of any nature whatsoever to the Authority other than the consideration named in the Article of this AGREEMENT entitled "Compensation to be Paid Contractor."
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-3 b) The Authority reserves the right, at any time during the progress of the work, to alter the plans and specifications or to omit any portion of the Work as it may deem reasonably necessary for its or the public interest, making allowance for additions and deductions at the prices specified in the Itemized Proposal and/or in the manner specified in the Article of this AGREEMENT entitled "Extra Work," "Payments for Lump Sum Price Items," and "Eliminated Items" whichever is applicable, and the Contractor shall have no claim as a result thereof, or as a result of any variances between the estimated and actual quantities of work, for allowances for damages, or for loss of overhead, general administration costs, and anticipated profits. The amount stated in the Article of this AGREEMENT entitled "Compensation to be Paid Contractor" will be modified in accordance with such prices as applied to the altered quantities, or the other provisions cited in this subparagraph (b) whichever are applicable.
ARTICLE 9. EXTRA WORK a) Extra work may be performed in accordance with such Change Orders as are executed by the Contractor and the Authority. The Authority however, reserves the right to direct in writing the performance of extra work and the furnishing of materials and equipment therefor in order to carry out and complete more fully and perfectly the Work called for hereunder. The prices and payments specified in such executed Change Orders shall be the Contractor's exclusive compensation for such work and the Contractor shall have no additional claim of any kind relating directly or indirectly from the performance of such work. b) Extra work for which there are applicable Contract unit prices, will be paid for at such unit prices. c) Where there are no applicable Contract unit prices, the price to be paid for extra work shall be the actual necessary cost of the extra work, plus an allowance, not to exceed 15 percent of such actual necessary cost, for superintendence (including all Contractor's site office personnel, supervision, and all general foremen), general expense and profit. Where extra work is performed by a subcontractor, the Contractor shall be paid such subcontractor's actual necessary cost plus an allowance of 20 percent of such cost for superintendence, general expense and profit. No further allowances for superintendence, general expense and profit will be made where extra work is performed. The actual necessary cost of the extra work will include all expenditures for material, direct labor, payroll taxes, and all insurance required by reason of the performance of the extra work, plus a reasonable allowance for the use of the Contractor's plant and equipment (such allowance not to exceed 10% of the actual straight-time cost of direct labor) where required, but will in no case include any allowance for superintendence, general expense or profit. The cost records shall be in a form
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-4 acceptable to the Engineer and shall be submitted at the close of each shift to a representative of the Engineer for verification. d) Where the Contractor and the Engineer can agree upon another method of payment for extra work, such method, subject to approval by and at the option of the Authority may be substituted for the cost plus percentage method set forth in the preceding paragraph c). e) Nothing in this Article shall excuse the Contractor from proceeding with the extra work provided in a Change Order or as directed by the Authority.
ARTICLE 10. DISPUTES - CLAIMS a) If the Contractor believes that any work it is required to perform should be considered extra work, or that any action or omission of the Authority or the Engineer is contrary to the provisions of the Contract, the Contractor shall, within five days after being required to perform work claimed by it to be extra work, or within five days after such action by the Authority or the Engineer or within five days after the date upon which it claims such omitted acts should have been performed by the Authority or the Engineer make and deliver to the Authority with a copy to the Engineer, a verified written statement of the Contractor's contentions with respect to such action or omission or requirement to perform work forming the basis of any claim against the Authority. b) On or before the 15th day of the month succeeding that in which such alleged extra work was required to be performed or such alleged action or omission by the Authority or the Engineer in alleged violation of the Contract occurred, the Contractor shall make and deliver to the Authority, with a copy to the Engineer, a written verified statement of all the items of extra work including computations of costs of such work and the details and amounts of any other kinds of damage sustained as a result of such alleged unauthorized action or omission. UNLESS SUCH STATEMENTS SHALL BE MADE AND DELIVERED WITHIN THE TIMES AFORESAID ALL CLAIMS FOR COMPENSATION WITH RESPECT TO SUCH EXTRA WORK OR SUCH DAMAGES SHALL BE DEEMED WAIVED AND NO RIGHT TO RECOVER ON ANY SUCH CLAIM SHALL EXIST. c) Upon completion and final acceptance of the Work and the submission to the Contractor for signature of a final estimate, the Contractor shall sign such final estimate and submit a written verified restatement, including details of facts and financial computations the Contractor believes are in support, of any and all claims against the Authority, or the Engineer in any way connected with or arising out of or attributable, in whole or in part, to the Work of this Contract or to any other work performed by this Contractor at the site excepting work performed under separate contract. Failure of the Contractor to sign such final estimate shall constitute a waiver of any right of the Contractor to interest on the unpaid amounts.
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-5 d) In addition to the foregoing, and the power secured by the N.Y. Public Authorities Law, sec. 1006, the Contractor shall, upon written notice from the Authority, produce at the Authority's offices at 123 Main Street, White Plains, New York, or at such other place within the State of New York as the Authority may designate for examination all its books of account, bills, invoices, payrolls, subcontracts, time books, progress records, daily reports, bank deposit books, bank statements, checkbooks and cancelled checks, showing all of its acts and transactions in connection with or relating to or arising by reason of this Contract, and there submit itself and persons in its employment for examination under oath by any person designated by the Authority to investigate any disputes and/or claims made against the Authority under this Contract. Unless the aforesaid statement shall have been made and filed within the time aforesaid and the aforesaid records submitted for examination and the Contractor and its employees shall have submitted themselves for examinations as aforesaid, the Authority shall be released from all claims arising under, relating to or by reason of the Contract, except for the sums certified by the Authority to be due under the provisions of this Contract. It is further stipulated and agreed that no person has power to waive any of the foregoing provisions, and that in any action against the Authority to recover any sum in excess of sums certified by the Authority to be due under or by reason of this Contract, the Contractor must allege in its complaint and prove, at the trial, compliance with the provisions of this Article. In addition to the foregoing, after the commencement of any action by the Contractor arising under or by reason of this Contract, the Authority shall also have the right by its attorney, upon written notice, to require the Contractor to produce at such place within the State of New York, as the Authority may designate the above described books and documents of the Contractor and to there submit itself and persons in its employ to examination under oath. e) Pending and subsequent to final decision by the Authority which shall be final and binding on both parties, with respect to any such disputed matter, the Contractor shall proceed diligently with the performance of the Contract and in accordance with all instructions.
ARTICLE 11. LIMITATION OF ACTIONS
No action or proceeding shall lie or be maintained by the Contractor or anyone claiming under the Contractor against the Authority or the Engineer upon any claim arising out of, or based upon, this Contract, any work performed at the site, or by reason of any act or omission or requirement of the Authority, the Engineer or their respective agents, unless: a) The Contractor shall have strictly complied with all requirements relative to the giving of notice and information with respect to claims as hereinbefore provided, and b) Such action or proceeding shall be commenced:
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-6 i) Within one year after the submission to the Contractor of the Final Estimate, or
ii) With respect to any claim based upon monies required to be retained for any period after the date of the Final Estimate, within one year after such monies became due and payable under the terms of this Contract, or
iii) If the Contract is cancelled, terminated or declared abandoned by the Authority, within one year after the effective date of such cancellation, termination or declaration of abandonment, or
iv) If the action accrues after final payment, within one year from the date of final payment; c) And, the action in any event shall have been commenced within three years after the cause therefor shall have accrued.
The Contractor, or any one claiming under the Contractor, shall not be entitled to any additional time to begin anew any other action if an action commenced within the times herein specified be dismissed or discontinued notwithstanding any provisions in the Civil Practice Law and Rules or the Uniform Commercial Code to the contrary.
ARTICLE 12. UNCONTROLLABLE FORCES a) The Contractor shall not be liable for loss or damage due to delay in completion resulting from uncontrollable forces, the term uncontrollable forces being deemed for the purpose of this Contract to mean any cause beyond the reasonable control of the Contractor, including but not limited to, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, sabotage or restraint by court or public authority, which by exercise of due diligence and foresight, the Contractor could not reasonably have been expected to avoid. If the Contractor is rendered unable to fulfill any obligations by reason of uncontrollable forces, it shall so notify the Authority in writing, and shall exercise due diligence to remove such inability with all reasonable dispatch. ANY DELAY RESULTING FROM SUCH UNCONTROLLABLE FORCES SHALL NOT GIVE THE CONTRACTOR ANY CLAIM FOR ADDITIONAL COMPENSATION AGAINST THE AUTHORITY. THE AMOUNT OF TIME REASONABLY NECESSARY TO COMPLETE THE WORK SHALL EXTEND COMPLETION DATES CORRESPONDINGLY, SUBJECT TO THE APPROVAL OF THE AUTHORITY, WHICH EXTENSION SHALL BE THE CONTRACTOR'S SOLE REMEDY. Demonstrations, protests, labor walkoffs or slow downs, acts of vandalism, minor thefts, minor fires and normally occurring seasonal climatic variations such as but not limited to rain, freezing, thawing, or snowfall, shall not be considered uncontrollable forces.
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-7 ARTICLE 13. NO DAMAGES FOR DELAY a) THE CONTRACTOR AGREES TO MAKE NO MONETARY CLAIM FOR DELAYS, INTERFERENCES OR HINDRANCES OF ANY KIND IN THE PERFORMANCE OF THIS CONTRACT OCCASIONED BY ANY ACT OR OMISSION TO ACT OF THE AUTHORITY OR ANY OF ITS REPRESENTATIVES, AND AGREES THAT ANY SUCH CLAIM SHALL BE FULLY COMPENSATED FOR BY AN EXTENSION OF TIME TO COMPLETE PERFORMANCE OF THE WORK. b) Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Authority for the performance of work upon the site or of work which may be necessary to be performed hereunder, or through any act or omission of a subcontractor of such contractor, the Contractor shall have no claim against the Authority for such damage, but shall have a right to recover such damage from the other contractor under the provision similar to the following provision which has been or will be inserted in the contracts with such other contractors. c) Should any other contractor having or who shall hereafter have a contract with the Authority for the performance of work upon the site sustain any damage through any act or omissions of the Contractor hereunder or through any act or omission of any subcontractor of the Contractor, the Contractor agrees to reimburse such other contractor for all such damages and to indemnify and hold the Authority harmless from all such claims.
ARTICLE 14. INTERRUPTION OF CONTRACT PERFORMANCE a) SUSPENSION OF WORK
The Authority at any time and with or without cause may suspend the whole or any portion of the Work under this Contract, including delivery of materials or performance of services, but this right to suspend work or delivery of materials or performance of services shall not be construed as denying the Contractor actual, reasonable and necessary expenses due to such suspension without cause. Any claims for such expenses are subject to the provisions of the Article of the AGREEMENT entitled "Disputes - Claims." b) RIGHT TO STOP WORK OR CANCEL CONTRACT
i) It is further mutually agreed that if at any time during the prosecution of the work, the Authority determines that the Work under the Contract is not being performed according to the Contract, or for the best interests of the Authority, the Authority may elect either of two alternatives, (1) terminate the Contractor's employment under the Contract while it is in progress, and in accordance with Paragraph C, "Termination" of this Article, and thereupon complete the work, at the expense of the Contractor, in such a manner as will be in accord with the Contract Documents
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-8 and be for the best interests of the Authority, or call upon the Surety, at its own expense, to do so, or (2) the Authority may cancel the Contract itself and have the Work completed by contract with or without public letting, as it may deem advisable, utilizing for such purpose such of the Contractor's plant, materials, equipment, tools and supplies obtained by the Contractor for prosecution of the Work of this Contract and remaining on the site, and also such subcontracts or subcontractors as it may deem advisable.
ii) If the Authority determines to complete the Work under alternative (b) (i) above, it may apply all monies remaining unpaid under the Contract to such completion and to the satisfaction of any damages by it sustained including but not limited to the liquidated damages herein provided, and the Contractor shall not be entitled, from and after the date of the termination of its employment, to receive any further payment under this Contract until the said work shall be wholly completed and accepted, at which time, if the unpaid balance of the amount to be paid under this Contract (subject to additions and deductions herein provided) shall exceed the damages sustained and the expense incurred by the Authority in finishing the work, such excess shall become due to the Contractor; but, if such expense and damages shall exceed the unpaid balance, the Contractor, or on its default, the Surety shall pay the difference to the Authority.
iii) If the Authority determines to cancel the Contract under alternative (b)(ii) above, it may apply all monies remaining unpaid under this Contract to the payment of the second contractor and to the satisfaction of damages sustained by the Authority, including, but not limited to, the liquidated damages herein provided; and in case such second contract is let at a figure which, together with such damages, exceeds the amount remaining unpaid on this Contract then the Contractor agrees to pay to the Authority, after completion and acceptance of the work, a sum of money which is equal to such excess; and upon its failure to make such payment, the Surety shall do so.
iv) Whenever the Authority determines to act or stop work under any of the foregoing provisions, a written notice sent by mail to the Contractor and to the Sureties at their respective addresses, shall be sufficient notice of its action in the premises. c) TERMINATION
i) The performance of work under this Contract may be terminated by the Authority in accordance with this Article in whole, or from time to time in part, whenever the Authority shall determine that such termination is in the best interest of the Authority. Any such termination shall be effected by a written notice of termination sent by mail to the Contractor at its address and to the Sureties at their respective
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-9 addresses specifying the extent to which performance of work under the Contract is terminated, and the date upon which termination becomes effective.
ii) After receipt of a Notice of Termination and except as otherwise directed by the Authority, the Contractor shall:
1) Stop work under the Contract on the date and to the extent specified in the Notice of Termination.
2) Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated.
3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination.
4) Assign to the Authority, in the manner, at the times and to the extent directed by the Authority, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Authority shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
5) Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, with the approval or ratification of the Authority, to the extent it may require, which approval or ratification shall be final for the purposes of this Article.
6) Transfer title and deliver to the Authority in the manner, at the times, and to the extent, if any, directed by the Authority:
(i) The fabricated or unfabricated parts, work in process, completed work, articles and other material produced as a part of, or acquired in connection with the performance of the Work terminated by the Notice of Termination, and
(ii) The completed or partially completed plans, drawings, information, and other property which, if the Contract had been completed, would have been required to be furnished to the Authority.
7) Use its best efforts to sell, in the manner, at the times, to the extent, and at a price or prices directed or authorized by the Authority, any property of the types referred to in paragraph 6 (i) and (ii) of this Article; provided however, that the Contractor;
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-10 (i) Shall not be required to extend credit to any purchaser, and
(ii) May acquire any such property under the conditions prescribed by and at a price or prices approved by the Authority; and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Authority to the Contractor under this Contract or shall otherwise be credited to the price or cost of the Work covered by this Contract or paid in such other manner as the Authority may direct;
8) Complete performance of such part of the Work as shall not have been terminated by the Notice of Termination; and
9) Take such action as may be necessary, or as the Authority may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which the Authority has or may acquire an interest. At any time requested by the Authority, the Contractor shall submit to the Authority a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Authority, and may request the Authority to remove such items or enter into a storage agreement covering them. No later than 15 days thereafter, the Authority will accept title to such items and remove them or enter into a storage agreement covering the same, provided that the list submitted shall be subject to verification by the Authority upon removal of the items, or if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement.
iii) After receipt of a Notice of Termination, the Contractor shall submit to the Authority its termination claim, if any, in the form and with the certification prescribed by the Authority. Such claim shall be submitted promptly but in no event later than six months from the effective date of termination. Failure to submit such claim or part thereof within the time limited therefor shall constitute a waiver of the claim or part thereof and the Authority shall stand discharged from all liabilities covered by the claim or part thereof so waived.
iv) The termination claim shall be submitted and, if the termination has occasioned without cause or default of the Contractor, shall be paid on the following basis:
1) The total of -
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-11 (i) The costs incurred in the performance of the Work terminated, including initial costs and preparatory expense allocated thereto, and cost of labor and materials.
(ii) The cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (c)(ii)(5) above, which were properly chargeable to the terminated portion of the Contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (i) above).
(iii) A sum equal to 2 percent of that part of the amount determined under (i) which represents the cost of articles and materials purchased but not processed by the Contractor, plus a sum equal to 8 percent of the remainder of such amount, but the aggregate of such sums shall not exceed 6 percent of the whole of the amount determined under subdivision (i) above, which amount for the purpose of this subdivision (iii) shall exclude any charges for interest on borrowing: provided, however, that if it appears that the Contractor would have sustained a loss on the Contract had it been completed, nothing shall be included or allowed under this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss.
2) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the Contract and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable to this Contract.
The total sum to be paid to the Contractor under (1) of this subparagraph (c) (iv) shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. Except for normal spoilage, and except to the extent that the Authority shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in subparagraph (c)(1)(i) the fair value, as determined by the Authority, of property which is destroyed, lost, stolen, or damaged so as to
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-12 become undeliverable to the Authority, or to a buyer pursuant to subparagraph (c)(ii)(7).
v) For any determination of costs hereunder the Authority shall have access to all payrolls, records of personnel, invoices of materials, records of plant and equipment and any and all other data relevant to the performance of the Contract or necessary to determine its costs. The Contractor shall also institute and maintain separate daily records of all labor, material and equipment used in connection with the Work and the cost thereof as directed by the Authority for work done subsequent to the date of receipt by the Contractor of a Notice of Termination. The Contractor shall furnish all assistance of whatever nature required by the Authority to formulate its opinion of a reasonable cost settlement.
vi) In arriving at the amount due the Contractor hereunder, there shall be deducted:
1) All unliquidated advances or other unliquidated payments on account theretofore made to the Contractor.
2) Any claim which the Authority may have against the Contractor in connection with this Contract, and
3) The agreed price for, or the proceeds of sale of, any materials, supplies or other things acquired by the Contractor or sold pursuant to the provisions of this Article, and not otherwise recovered by or credited to the Authority.
vii) The Authority may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this Contract whenever in the opinion of the Authority the aggregate of such payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of the amount determined to be due hereunder, such excess shall be payable by the Contractor to the Authority upon demand, together with interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the Contractor to the date on which such excess is repaid to the Authority, provided, however, that no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition.
viii) The Contractor, from the effective date of termination and for a period of six years after final settlement under this Contract, shall preserve and make available to the Authority at all reasonable times at the office of the Contractor but without charge to the Authority; all its books, records, documents, and other evidence bearing on the
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-13 costs and expenses of the Contractor under this Contract and relating to the Work terminated hereunder, or, to the extent approved by the Authority, photographs, microphotographs, or other authentic reproductions thereof. d) RIGHTS OR REMEDIES NOT PRECLUDED OR DENIED
Nothing contained in this Article or elsewhere in the Contract Documents shall be deemed or construed to preclude or deny to the Authority to any extent whatsoever any rights or remedies, or the exercise thereof, otherwise available to it by law on account of the Contractor's default or any failure on the part of the Contractor to perform in accordance with the Contract Documents.
ARTICLE 15. PARTIAL PAYMENTS a) Unless otherwise provided herein, as the Work progresses partial payments will be made as soon as practicable after the end of each calendar month, or at more frequent intervals as determined by the Authority, on estimates prepared by the Contractor and approved by the Engineer and the Authority.
b) i) Payment by Authority to Contractors:
1) The Contractor shall, in accordance with terms set forth in the Contract, submit to the Authority and its Engineer, a requisition for a progress payment for the Work performed and/or materials furnished to the date on the requisition less any amount previously paid to the Contractor. The Authority shall in accordance with the terms of the Contract approve and promptly pay the requisition for the progress payment less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged and less any retained amount as hereafter described. The Authority shall retain not more than 5% of each progress payment to the Contractor except that the Authority may retain in excess of 5%, but not more than 10%, of each progress payment to the Contractor if there are no requirements by the Authority for the Contractor to provide a performance bond and a labor and material bond both in the full amount of the Contract.
2) Referencing Agreement Article A-20 entitled “No Payment of Contractor’s Estimate on Non-Compliance,” and General Conditions Paragraph GC-45 entitled “Rates of Wages and Supplements,” Contractor invoices must be accompanied with a transcript of the original payrolls subscribed and affirmed as true under penalty of perjury.
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-14 3) The Authority shall pay, upon requisition from the Contractor, for materials pertinent to the Work which have been delivered to the site or off-site by the Contractor and/or Subcontractor and suitably stored and secured as required by the Authority and the Contractor, provided the Authority may limit such payment to materials in short and/or critical supply and materials specially fabricated for the Work each as defined in the Contract. When the Work or major portions thereof as contemplated by terms of the Contract are substantially completed, the Contractor shall submit to the Authority and/or its agent a requisition for payment of the remaining amount of the Contract balance. Upon receipt of such requisition, the Authority shall approve and promptly pay the remaining amount of the Contract balance less two times the value of any remaining items to be completed and an amount necessary to satisfy any claims, liens or judgment against the Contractor which have not been suitably discharged. As the remaining items of Work are satisfactorily completed or corrected, the Authority shall promptly pay, upon receipt of a requisition, for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the Work and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws.
ii) Payments by Contractors to Subcontractors:
1) Within fifteen calendar days of the receipt of any payment from the Authority, the Contractor shall pay each of its subcontractors and material suppliers the proceeds from the payment representing the value of the Work performed and/or materials furnished by the subcontractor and/or material suppliers as reflected in the payment from the Authority, less an amount necessary to satisfy any claims, liens or judgments against the subcontractor or material supplier which have not been suitably discharged and less any retained amount as hereafter described. The Contractor shall retain not more than five percent of each payment to the subcontractor and/or material supplier except that the Contractor may retain in excess of five percent, but not more than ten percent, of each payment to the subcontractor provided that prior to entering into a subcontract with the Contractor, the subcontractor is unable or unwilling to provide a performance bond and a labor and material bond, both in the full amount of the subcontract, at the request of the Contractor. However, the Contractor shall retain nothing from those payments representing proceeds owed the subcontractor and/or material supplier from the Authority's payments to the Contractor for the remaining amounts of the contract balance as provided in the above subparagraphs. Within fifteen calendar days of the receipt of payment from the Contractor, the subcontractor and/or material suppliers shall pay each of
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-15 its subcontractors and material suppliers in the same manner as the Contractor has paid the subcontractor. Nothing provided herein shall create any obligation on the part of the Authority to pay or to see to the payment of any monies to any subcontractor or material supplier from any Contractor nor shall anything provided herein serve to create any relationship in contract or otherwise, implied or expressed, between the subcontractor or material supplier and the Authority.
2) In the event that the terms of payment provided in this Article are pre- empted or superseded as a result of the provision of any federal statute, regulation or rule applicable to the project to which this Contract pertains, the terms of this Article shall not apply. c) All material and work covered by partial payments made shall thereupon become the sole property of the Authority, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the Authority to require the fulfillment of all of the terms of the Contract. d) No payment shall be made to a foreign contractor unless such contractor shall furnish satisfactory proof that all taxes due by such contractor under the provisions of Articles 9, 9-A, 22 and 23 of the tax law have been paid. The certificate of the New York State Tax Commission to the effect that all such taxes have been paid shall be conclusive proof of the payment of such taxes. The term "foreign contractor" as used herein means, in the case of an individual, a person who is not a resident of the State of New York; in the case of a partnership, one having one or more partners not a resident of the State; and in the case of a Corporation, one not organized under the laws of the State of New York. e) No monthly estimate will be processed or accepted for processing unless the value of the Work done equals five (5) percent of the contract amount or $10,000.00, whichever is the lesser. f) On the faithful performance of the Work of the Contract and its acceptance by the Authority, the Authority hereby agrees to make partial payments to the Contractor upon receipt, review and approval by the Engineer, and approval by the Authority of such estimates, on forms prescribed by the Authority, prepared in accordance with the Article of this AGREEMENT entitled "Estimates," properly verified and certified by the Engineer as a true and complete summary of the value of work completed in accordance with the terms and conditions of the Contract, said partial payments to be in the amount of the estimate less the retained percentage and any other deductions provided by the Contract.
ARTICLE 16. ESTIMATES
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-16 a) The Contractor shall prepare all estimates of partial payments for work performed, together with supporting data and computations as are deemed necessary by the Engineer to determine the accuracy of the estimate. The summary of estimates shall be submitted on the form prescribed by the Engineer. Failure of the Contractor to submit estimates of partial payments, or lack of accurate supporting data, shall be sufficient reason for withholding payment until such omissions or errors are rectified. When the unit or the lump sum prices for the Work performed include costs for ancillary work such as but not limited to clean-up, curing, site restoration, backfilling, paint touch-up, replumbing and dewatering which is not performed until the major portion of the Work is accomplished, payment for more than 85 percent of the actual obvious quantity of work performed to date will not be approved until the ancillary work associated therewith is fully accomplished. b) In computing amounts for estimates of work performed, the lump sum or unit prices or other terms of compensation in the schedule of the Itemized Proposal will be used except as otherwise provided in the Articles of this AGREEMENT entitled "Payments For Materials Delivered On Or Off Site" and "Payments for Lump Sum Price Items." c) All estimates will be based on actual quantities of work performed and materials in place as determined by the Contractor and approved by the Engineer. The Contractor shall make all surveys, take all measurements and do all computations required to present an accurate estimate of work completed and in place and the value thereof, in accordance with the terms of the Contract. Unless otherwise directed, this estimate in reproducible form, signed and certified as correct by the Contractor, shall be delivered by the Contractor to the Engineer once each month showing the total quantities completed and in place on the last day of the preceding month and the value thereof. d) The Contractor's certificate on all estimates shall be as follows:
"I certify that this payment estimate is correct and just and that payment thereof has not been received. I further certify that the Contractor has complied with the provisions of Articles 9, 9-A, 22 and 23 of the Tax Law of the State of New York. I further certify that all bills for labor and/or materials used incurred by Contractor and its subcontractors, in connection with this contract work have been paid or will be paid in accordance with Article 15 b) of this Contract."
ARTICLE 17. PAYMENTS FOR MATERIALS DELIVERED ON OR OFF SITE a) Unless otherwise specified, partial payments shall include a payment for material or equipment as described hereinafter to be furnished and installed under this Contract, after such material or equipment has been delivered and accepted at the site of the Work or, at the Authority's option, to a storage location subject to the requirements of subparagraph (d) of this Article. This payment shall be limited to those items designated for such payment in the Contract Documents. Payment for such material or equipment shall not be subject to the
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-17 retention provided for in the Article of this AGREEMENT entitled "Partial Payments." The payment shall be limited to actual cost of material or equipment or 50 percent of the applicable unit prices stated in the Itemized Proposal form, whichever is the lesser. b) Payment shall be based on quantities delivered to the jobsite or to the Contractor's warehouse but not yet incorporated or installed in components of work or otherwise used by the Contractor at the time of preparing the estimate. Such estimates submitted by the Contractor shall be accompanied by certificates of the Contractor supported by receipted bills showing that said material or equipment is and will remain free from all encumbrances and an agreement that it will not be removed from the jobsite. c) Payments under this Article will not be allowed on material or equipment which is acquired from any firm with which the Contractor is financially connected nor on material or equipment of which the total delivered cost is less than $5,000 or for any materials or equipment for which prepayment is not specifically designated in the Specifications. d) Material or equipment for which such payment has been received shall be stored until incorporated into the Work in a location approved by the Engineer and shall be adequately protected from fire, theft and vandalism, the effects of the elements and any other damage whatsoever, and shall at all times be available for inspection by the Engineer. In the event that any of such materials are damaged, lost or stolen prior to their incorporation into the work, the value thereof, as allowed on partial payments or proportionate part thereof, will be deducted from succeeding partial estimates until satisfactory repairs or replacement have been made by the Contractor.
ARTICLE 18. PAYMENTS FOR LUMP SUM PRICE ITEMS a) Progress payments for work performed will be made to the Contractor for those items bid on a lump sum price basis in accordance with a well balanced detailed program of payment apportioning to be prepared by the Contractor and approved by the Engineer. Such program for each item shall show estimated quantities and unit prices therefor allocated by the Contractor to different features of work and/or materials required to complete each of such lump sum price items and major subdivisions thereof. It shall also show for the various features of a lump sum item and for the item overall amounts allocated by the Contractor to (1) costs of the various materials to be furnished, (2) direct labor cost and derivative charges, (3) other itemized costs, (4) overhead, (5) insurance, and (6) profit. The summation of extensions of the unit quantities and unit prices and of all such charges for materials, labor, etc. shall total in each case the exact amount to be paid under the Contract as a lump sum price for the item. Such program will be used for computing progress payments as herein detailed, but will not be used to determine the amount of the final payment for the Work of the Contractor except as hereinafter provided in subparagraph b).
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-18 b) The Authority and/or the Engineer shall have the right to direct or approve changes in the portions of the Work to be performed under lump sum price items and to make adjustments in compensation for such changes. All directions or approvals for such changes will be given in writing. c) An adjustment in compensation for an item to be paid for on a lump sum basis will be made in accordance with the following: If the direction or approval entails an increase or decrease in the amount or value of the Work required under the item, the Engineer, at its option and sole discretion will determine an increase or decrease in compensation (a) from the prices, rates or other pricing factors contained in the program for payment-apportioning for the item to the extent that such apply and/or (b) where they do not apply, from the provisions of the Article of this AGREEMENT entitled "Extra Work." d) If the direction or approval does not entail a change in the amount or value of the Work required under a lump sum price item it will so state. e) Increases and decreases in compensation for lump sum price items will be added to or deducted by Change Order from the Gross Sum Bid which would otherwise be payable under the Article of the AGREEMENT entitled "Compensation to be Paid Contractor."
ARTICLE 19. ELIMINATED ITEMS
The Authority may, upon written notice to the Contractor at the time of award of Contract or at any time during the performance of Work, eliminate from the Contract any item or items of the Itemized Proposal, (at the price stated in the Itemized Proposal for such item or items), or any portion of such items, and payment for such eliminated items or portions of item or items will not be included in final payment to the Contractor for the Work of the Contract. Contractor shall have no claim by reason of any such eliminations.
ARTICLE 20. NO PAYMENT OF ESTIMATE ON CONTRACTOR'S NON-COMPLIANCE
The Contractor and each subcontractor shall submit to the Authority, 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 filing of the payrolls by the Contractor, with the Authority, as required by Labor Law Section 220, is a condition precedent to payment of any sums due and owing the Contractor for the work.
So long as any lawful or proper obligation of the Contractor concerning the Work or material or the performance of the Contract, shall remain uncomplied with, the Contractor shall not be entitled to
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-19 have any estimate rendered on account of work done or material furnished until such lawful or proper direction aforesaid has been fully and satisfactorily complied with.
ARTICLE 21. NO PAYMENT OF ESTIMATE ON CONTRACTOR'S M/WBE NON-COMPLIANCE
Contractor expressly agrees to comply with M/WBE compliance requirements of this Contract and acknowledges that if it fails to comply and its actions are determined to be willful and intentional by the Authority, such determination may result in Contractor being liable for liquidated or other damages equal to or exceeding the dollar value of the M/WBE subcontracting goals established for this contract set forth, as a percentage in the “Goals” section of Appendix C entitled “Minority and Women-Owned Business Enterprise (M/WBE) Participation Goal Requirement.”
The Contractor shall not be entitled to have any payment rendered on account of work done or services performed as long as the Contractor is not in compliance with the M/WBE requirements set forth in the Contract.
ARTICLE 22. QUANTITIES - ESTIMATED, ACTUAL, FINAL; PAYMENT, NO CLAIMS FOR VARIANCES a) The Contractor hereby agrees that the quantities included in the Itemized Proposal are approximate only, inserted solely for the purpose of bid evaluation and acknowledges that any estimated quantities, bills of materials, lists, weights, other quantities of materials or structures which have been or may be furnished to the Contractor by the Authority, or the Engineer or shown in the Contract Documents have been or will be prepared with reasonable care but that their accuracy is not guaranteed. It is understood and agreed that such estimated quantities may or may not be accurate in any or all particulars and shall not be considered as final, correct, sufficiently complete or accurately covering any portion or all of the Work to be done under the Contract. It is further understood and agreed that the actual amount of work done and materials furnished under unit price items may differ by substantial amounts from such estimated quantities and that the basis for payment of such work and material shall be the actual quantity of units of items of work and/or materials furnished in each case, for fulfillment of the Contract multiplied by the unit prices bid therefor as full compensation for all such work and/or materials. Upon completion of the required work should the final estimates of quantities show either an increase or decrease from the approximate estimates of quantities provided in the Itemized Proposal, then such variations, without regard to the amount, will be computed at the unit prices bid and a final adjustment will be made adding or deducting this amount from the amount stated under the Article of this AGREEMENT entitled "Compensation to be Paid Contractor."
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-20 b) The Contractor agrees that it will make no claim or claims against the Authority, and will not be entitled to any payment, for, including but not limited to, loss, additional or uncompensated overhead, delay, extensions of time, lost use of equipment, additional equipment, inflation, increases in labor or other costs, loss of anticipated profits, impact on other work, interest cost, or any other form of loss, damage or expense because (i) additional quantities of items are directed to be performed, (ii) work under the various items is directed not to be performed, is reduced, is less than, is increased, or is greater than the estimated quantities in the Itemized Proposal, or (iii) because of a difference between the amounts of work performed or to be performed and any estimated amounts that are included in the Contract Documents or have been or may be furnished to the Contractor by the Authority or the Engineer; or (iv) because of a difference between the quantities of the materials actually delivered or installed and estimated quantities that are in the Itemized Proposal or have been or may be furnished to the Contractor by the Authority or the Engineer.
ARTICLE 23. FINAL ACCEPTANCE OF THE WORK
When, in the opinion of the Engineer, the Contractor has fully performed the Work under the Contract, the Engineer will recommend to the Authority the acceptance of the Work so completed. If the Authority accepts the recommendation of the Engineer, it shall thereupon by letter notify the Contractor of such acceptance, and upon Contractor's request copies of such acceptance will be sent to other interested parties.
ARTICLE 24. FINAL ESTIMATE AND FINAL PAYMENT a) After final acceptance of the Work, the Engineer will prepare a final estimate of the Work performed and will compute the value of such work under and according to the terms of the Contract Documents and upon approval by the Authority will submit such final estimate to the Contractor for execution under the Article of the AGREEMENT entitled "Estimates." All certificates upon which partial payments may have been made, being merely estimates, will be subject to correction in the final estimate. The amount stated in the Article of this AGREEMENT entitled "Compensation to be Paid Contractor" will be modified accordingly. b) The final estimate will not be completed until all work required under the Contract has been satisfactorily completed, all claims presented and all accounts for extra work and materials have been rendered, considered, and, if agreed to, made a part of such final estimate. c) The Authority will approve a voucher for final payment based on the final estimate approved by the Engineer and executed by the Contractor, less previous payments and any and all deductions authorized to be made by the Authority under the Contract. Payment pursuant to such final voucher shall constitute the final payment.
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-21 ARTICLE 25. ACCEPTANCE OF FINAL PAYMENT a) The acceptance by the Contractor, or by anyone claiming by or through it, of the final payment shall constitute and operate as a release to the Authority from any and all claims of any liability for anything theretofore done or furnished for or relating to or arising out of the Work performed under this Contract, and for any prior act, neglect or default on the part of the Authority or any of its officers, agents or employees in connection therewith, excepting such claims as have been accumulated by the Contractor through compliance with the provisions of the Article of this AGREEMENT entitled "Disputes-Claims" for which payment is not included in the said final payment. b) The Contractor is warned that the execution by it of a release in connection with the acceptance of the final payment, containing language purporting to reserve claims other than those therein specifically excepted or for claims for amounts deducted by the Authority, shall not be effective to reserve such claims, notwithstanding anything stated to the contrary, orally or in writing by any officer, agent or employee of the Authority. c) Should the Contractor refuse to accept the final payment as tendered by the Authority, it shall constitute a waiver of any right to interest thereon.
ARTICLE 26. NO COLLUSION OR FRAUD
The Contractor hereby agrees that the only person or persons interested as principal or principals in the Proposal submitted by the Contractor for this Contract are named therein, and that no person other than those mentioned therein has any interest in the above mentioned Proposal or in the securing of the award, and that this Contract has been secured without any connection with any person or persons other than those named, and that the Proposal is in all respects fair and was prepared and the Contract was secured without collusion or fraud and that neither any officer nor employee of the Authority has or shall have a financial interest in the performance of the Contract or in the supplies, work or business to which it relates, or any portion of the profits thereof.
ARTICLE 27. DAMAGE a) All damage, direct or indirect, of whatever nature resulting from the performance of the Work or resulting to the Work during its progress, from whatever cause, including omissions and supervisory acts of the Authority or the Engineer, shall be borne by the Contractor, and all work shall be solely at its risk until the Work has been finally inspected and accepted by the Authority. The Contractor, however, shall not be responsible for damages resulting from faulty designs as shown by the plans and specifications nor the
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-22 damages resulting from willful acts of officials or employees of the Authority or the Engineer. b) To the extent permitted by law, the Contractor shall assume the entire responsibility and liability for and defense of, and pay and indemnify the Authority, the State of New York, and the Engineer against any loss, expense or liability and will hold each of them harmless from and pay any loss, damage, cost or expense (including without limitation, judgments, attorney's fees, and court costs) which the Authority, the State of New York or Engineer incurs because of injury to or death of any person or on account of damage to property, or any other claim arising out of, in connection with, or as a consequence of, the performance of the Work and/or any act or omission of the Contractor or any of its subcontractors, employees, agents or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable.
ARTICLE 28. CLAIMS BY THIRD PARTIES
No provisions of this Contract shall, directly or indirectly, create or give to third parties including subcontractors, any claim or right of action against the Contractor, the Engineer, the Authority, or the People of the State of New York beyond such as may legally exist irrespective of such provision or provisions.
ARTICLE 29. PUBLICITY
No marketing, publicity, promotion or advertising regarding this Agreement will be issued by the Contractor without the Authority's prior written approval, and, if applicable, also with the prior written approval from the Authority’s customer where the Work will be or is being performed, which approval will not be unreasonably withheld. Any responses to news media inquiries developed by the Contractor, related to the Agreement, must be coordinated with the Authority for review and approval. Letters, speeches, news and/or press releases, articles for publication, etc. related to the Contract, will be coordinated with the Authority for review and approval prior to release. Any and all communications, whether verbal or written, must be submitted to the Authority's Corporate Communication Business Unit for prior review and approval.
Contractor agrees to abide by these terms regarding public announcements for a period of two (2) years following the expiration of this Contract.
ARTICLE 30. NOTICES a) All notices permitted or required hereunder shall be in writing and shall be transmitted either:
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-23 (1) via certified or registered United States mail, return receipt requested; (2) by facsimile transmission; (3) by personal delivery; (4) by expedited delivery service; or (5) by e-mail. Such notices shall be addressed as follows or to such different addresses as the parties may from time-to-time designate:
NEW YORK POWER AUTHORITY PROCUREMENT DIVISION
Name: Mr. John Canale Title: Vice President of Procurement Address: 123 Main Street White Plains, NY 10601 Telephone Number: 914-681-6706 Facsimile Number: 914-681-6783 E-Mail Address: [email protected]
with a copy to:
NEW YORK POWER AUTHORITY LAW DEPARTMENT
Name: Mr. Gerald Goldstein Title: Assistant General Counsel Address: 123 Main Street White Plains, NY 10601 Telephone Number: 914-390-8090 E-Mail Address: [email protected]
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-24 [Contractor Name] Name: Title: Address: Telephone Number: Facsimile Number: E-Mail Address: b) Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. c) The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution.
ARTICLE 31. ASSIGNMENT
The Contractor specifically agrees that: a) This Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the Authority and any attempts to assign the Contract without the Authority's written consent are null and void. The Contractor may, however, assign its right to receive payment without the Authority's prior written consent. b) Attention is directed to the section of the General Conditions entitled "Subcontractors."
ARTICLE 32. SUCCESSORS AND ASSIGNS
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-25 This Contract as defined herein shall bind the successors, assigns and representatives of the parties hereto.
ARTICLE 33. GOVERNING LAW - VENUE a) The rights and obligations of the parties under this agreement shall not be governed by the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods; rather these rights and obligations shall be governed by the law of the State of New York, including its provisions of the Uniform Commercial Code. b) Any action at law, suit in equity or judicial proceeding instituted by Contractor for the enforcement of this Contract or any provision thereof shall be instituted only in the courts of the State of New York.
ARTICLE 34. COMPENSATION TO BE PAID CONTRACTOR
The Authority will pay and the Contractor shall accept in full consideration for the performance of the Contract, subject to additions or deductions as provided in the Compensatin Schedule.
Construction Contract Agreement - 3300 July 2015 Update Inquiry No. Q16-6022MS A-26 GENERAL CONDITIONS POWER AUTHORITY OF THE STATE OF NEW YORK
GC-1. DEFINITIONS
a) Whenever the following words and expressions are used in the Contract Documents or indicated on the Plans/Drawings, it is understood that they have the meaning defined below:
AUTHORITY - Power Authority of the State of New York, (sometimes also may be referred to as "New York Power Authority," "Owner," "Buyer," and "Purchaser") 123 Main Street, White Plains, New York 10601.
BIDDER - The person, partnership or corporation submitting a bid proposal for the Contract Work.
BY OTHERS - Any party other than the Contractor to whom this Contract is awarded or by this Contractor under another contract.
CONSTRUCTION (and other forms of the word) - is synonymous with Building, erection, installation, and other forms of such words.
CONSTRUCTION MANAGER (CM) - As identified in the Supplementary Conditions, or a duly authorized representative.
CONTRACT OR CONTRACT DOCUMENTS - As referred to in the Article of the AGREEMENT entitled "Documents Forming the Contract."
CONTRACTOR - The person, partnership or corporation to whom the Contract for the Work is awarded.
ENGINEER - As identified in the Supplementary Conditions, or a duly authorized representative.
GOVERNMENT - The United States Government or any other political entity or jurisdiction as the context may indicate.
LABORATORY - The testing laboratory (if any) designated by the Engineer for testing the materials to be used under the Contract.
PLANS/DRAWINGS - All authorized drawings or reproductions of drawings pertaining to the Work or to any structure connected therewith.
PLANT - Plant shall include but not be limited to such of the following as the Contractor may own, hire, or provide for its convenience or its performance of the Work; field offices and all structures, materials and services therefor; hand tools (powered or otherwise); fixed equipment and stationary facilities such as, but not limited to, batching or mixing plants and associated equipment, material crushing and screening plants, repair, maintenance and
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-1 fabricating shops and included equipment and tools, haul roads and railroads, storage and warehouse facilities, fuel and lubrication storage and distribution facilities, water supply and distribution systems, drainage, sewer and waste disposal systems, compressed air systems, electric source and distribution systems; communications systems; and, administrative and expediting support systems, including but not limited to vehicles for transportation, maintenance, and/or other purposes not used directly in construction.
PROPOSAL (Sometimes "Itemized Proposal") - The offer of the Bidder for the Work, when executed and submitted on the prescribed form.
SCHEDULE - The schedule of prices or rates proposed for various units of Work, services or materials as set forth in the Proposal except as the context may indicate otherwise.
SITE (SITE OF THE WORK) - The specific area upon which the construction is to be performed as shown and described in the Contract Documents.
STATE - The People of the State of New York, The State of New York (unless context indicates otherwise).
SUBCONTRACTOR(S) - Shall include subcontractors of any degree, regardless of whether the services of the subcontractor are obtained under a subcontractor agreement, purchase order, or any other contractual means.
WORK - Any and all things required to be done by the Contractor under the Contract.
b) Whenever in the Contract Documents the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended and similarly the words approved, acceptable, satisfactory, to the satisfaction of, or words of like import shall mean approved by, acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.
c) The following phrases, or phrases of similar import, are frequently used for emphasis to direct the Contractor's attention to particular items of possible cost to it for which it will not receive identifiable payment hereunder: "will be borne by," "chargeable to," "charged to, or at the expense of, the Contractor"; "without cost to," "at no cost to," or "at no expense to," the Authority; no compensation, no additional compensation, or no payment will be allowed or made. All such costs and all other costs of Work required by the Specifications or shown on the contract drawings for which there are no specific payment items in the Schedule or for which no particular provision for payment is made in the Contract Documents shall be calculated into the lump sums, unit prices, hourly or daily rates, overheads, or otherwise included in the compensation terms bid in the Itemized Proposal and shall be paid for as unidentified components of such proposal items. Except as set forth in the Article of the AGREEMENT entitled, "Extra Work," the Contractor will be paid only in accordance with the various particular provisions in the Contract Documents relating to "measurement" and "payment" for the items of Work set forth in the Itemized Proposal.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-2 d) For the purposes of this Contract, the terms "inspection," "examination" and "test" shall mean the review of construction operations of the Contractor and of the manufacturer and/or supply of materials furnished by the Contractor to the extent necessary to ascertain conformance with general requirements of the Contract Documents.
e) In the event that a provision in the Supplementary Conditions, or the Specifications modifies or is inconsistent with the provisions of the General Conditions and/or the AGREEMENT, the provisions of the Supplementary Conditions or the Specifications shall supersede.
GC-2. REFERENCE SPECIFICATIONS
a) Specific standard specifications referred to in Contract Documents (to the extent of such reference only) shall form part of this Contract. It is understood that the Authority is the contracting party for whom the Work is being performed and to whom service, materials and equipment are being sold or otherwise provided and the referenced specifications shall be so read. These references to all standard specifications and standards referred to include all applicable amendments, revisions and emergency alternate specifications which have been promulgated and are in effect at the time Proposals are received unless specifically indicated otherwise in the Supplementary Conditions or Specifications.
b) Where the words "State Specifications" elsewhere occur in the Contract Documents, they shall mean the "New York State Department of Transportation Standard Specifications" including all addenda or other amendments thereto which are in effect at the time proposals are received, unless indicated otherwise in the Supplementary Conditions or Specifications.
c) Certain references in the Contract Documents to organizations establishing standards and to their respective standards are abbreviated as follows:
ACI American Concrete Institute AGMA American Gear Manufacturers Association AISI American Iron and Steel Institute AISC American Institute of Steel Construction ANSI American National Standards Institute ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials AWS American Welding Society AWWA American Water Works Association CSI Construction Specifications Institute IEEE Institute of Electrical and Electronic Engineering NFPA National Fire Protection Association NEMA National Electrical Manufacturers Association SAE Society of Automotive Engineers UL Underwriter's Laboratories
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-3 Throughout the specification, additional references may be made to other organizations establishing standards, and their specific established standards will be identified separately.
GC-3. ACCURACY OF PLANS/DRAWINGS AND SPECIFICATIONS
a) The Plans/Drawings and specifications for the Contract have been prepared with reasonable care and are intended to show as clearly as is practicable the Work required to be done. The Contractor acknowledges that construction details cannot always be accurately anticipated and that in executing the Work, field conditions may require modifications in the detail Plans/Drawings and quantities of Work involved. Work under all items in the Contract shall be carried out to meet these field conditions to the satisfaction of the Engineer and in accordance with its instructions and the Contract Documents.
b) The Contractor shall keep a copy of the Contract Documents on the site and shall at all times give its personnel, its subcontractors, its suppliers and the Engineer access thereto. Anything mentioned in the specifications and not shown on the Plans/Drawings, or shown on the Plans/Drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of differences between Plans/Drawings and specifications, the matter shall be promptly submitted to the Engineer, who shall promptly make a determination in writing. Any adjustment by the Contractor without this determination shall be at its own risk and expense.
GC-4. LANGUAGE AND SYSTEM OF UNITS
All dimensions, descriptions, calculations, correspondence and drawings to be submitted to the Engineer or the Authority shall be in English and shall have English inscriptions and shall have English system of units throughout in addition to any other language and any other system of units. Where the English language or system of units is in conflict with the language or system of units used by the Contractor, the English language or system of units shall be binding.
GC-5. SURVEYS
a) The Engineer will establish base lines, bench marks and other pertinent reference points at the site from which the Contractor shall complete the layout of the Work to be built under this Contract. From the basic data established by the Engineer, the Contractor shall establish reference control points and complete the layout of the Work. The Contractor shall be responsible for all measurements that may be required for execution of the Work to the exact position and elevation as prescribed in the specifications, shown on the drawings, or as may be modified at the direction of the Engineer to meet changed conditions or modifications to the Work.
b) The Contractor shall furnish at its own expense such stakes and other required equipment, tools and materials, and all labor as may be required in laying out any part of the Work from the basic data established by the Engineer. If, for any reason, monuments are disturbed, regardless of the cause or by whom, it shall be the responsibility of the Contractor to re-establish them without cost to the Authority as directed by the Engineer. The Engineer may require that construction Work be suspended at any time when location and limit marks
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-4 established by the Contractor are not reasonably adequate to permit checking completed Work or the Work in progress.
c) The Engineer will make such check surveys as it deems necessary to verify that the Contractor's surveys are correct, and to determine the conformance of the completed Work, as it progresses, with the Plans/Drawings and specifications. Such checking by the Engineer shall not release the Contractor from its responsibility to perform the Work in accordance with the drawings and specifications and the basic data given therein. If errors are found in the Contractor's layout of the Work or in the completed Work as it progresses, the expense of correcting such erroneous layout and of any additional surveys made by the Engineer, which it deems necessary to verify that the layout of the Work has been properly corrected by the Contractor and that the completed Work is corrected in accordance therewith, will be borne by or chargeable to the Contractor and charges therefor shall be deducted from monies due or to become due to the Contractor.
d) The Contractor shall furnish, at its own expense, all personnel, equipment, and materials required to make such surveys as are necessary to determine the quantities of Work performed or in place. Unless waived in each specific case, quantity surveys made by the Contractor shall be made under the direction of the Engineer. If errors are found in the Contractor's surveys, all expense of the check survey, together with the expense of such surveys as are necessary to rectify the errors or omissions, will be chargeable to the Contractor and deducted from monies due or to become due to the Contractor.
e) All original field notes, quantity computations, cross-sections, and other records taken by the Contractor or required by the Engineer for the purpose of layout of Work and quantity surveys shall be furnished immediately to the Engineer at the site of the Work. The field notes shall be taken on waterproof, loose-leaf transit and/or level note sheets satisfactory to the Engineer. Notes shall be properly identified by giving title, page number, date, and names of individuals performing and checking such computations or other data, and shall be furnished so as to be capable of duplication by contact printing methods. The original copy of field notes, computations, and records shall become the property of the Authority.
f) All costs of the surveys, computations, and assembly of data performed by the Contractor as described herein shall be borne by the Contractor.
GC-6. PATENTED DEVICES, MATERIAL AND PROCESSES
a) Contract prices include all royalties and costs arising from patents, trademarks and copyright in any way involved in the Work. Whenever Contractor uses any design, device, material or process to be performed under the Contract, Contractor shall indemnify Authority for any costs, expenses and damages, including attorney's fees, which it may be obliged to pay by reason of any such infringement at any time during the prosecution or after the completion of the Work.
b) In case any design, device, material or process is decreed to constitute an infringement, and its use is enjoined, Contractor shall at its option and its own expense, either, (1) procure for Authority the right to continue using said design, device, material or process, or (2) modify it so it becomes non-infringing.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-5 GC-7. QUALITY OF MATERIALS AND EQUIPMENT
a) The Contractor shall furnish all materials and equipment required to complete the Work of the Contract (except such items specifically listed in the specifications or in the bill of material as to be furnished by the Authority) whether or not any such material or equipment is specifically referred to in the specifications or on the drawings.
b) Unless otherwise specifically provided for in the specifications, all equipment, materials, and articles incorporated in the Work covered by this Contract shall be new and of the most suitable grade of their respective kinds for the purpose, and all Workmanship shall be first class. Prior to purchase the Contractor shall furnish to the Engineer for its approval the name of the manufacturer of machinery, mechanical and other equipment which it contemplates incorporating in the Work, together with full information concerning such products including but not limited to their performance capacities.
The Contractor shall furnish the Engineer for approval full information concerning the materials or articles which it contemplates incorporating in the Work. Samples of materials shall be submitted for approval. Machinery, equipment, materials, and articles installed or used without such approval shall be at the risk of subsequent rejection.
c) When a separate item, which includes the furnishing of any material, is provided in the schedule, the cost of furnishing, hauling, storing and handling shall be included in the price bid for that item. When a separate item is not provided in the schedule for furnishing any material required to be furnished by the Contractor, the cost of furnishing, hauling, storing and handling shall be included in the unit prices bid for the Work with which the material is associated.
d) Materials furnished by the Contractor shall be of the type and quality described in the specifications. The Contractor shall make diligent effort to procure the specified materials from any and all suitable sources, but where because of Government priorities or other causes, materials required by the specifications become unavailable, substitute materials may be used; provided, that no substitute materials shall be used without prior written approval of the Authority or the Engineer, said written approval to state the amount of the adjustment, if any, to be made in favor of the Authority. The Authority's or the Engineer's determination as to whether substitution will be permitted and as to what substitute materials may be used shall be final and conclusive. If the substitute materials approved are of less value to the Authority or involve less cost to the Contractor than the materials specified, an adjustment shall be made in favor of the Authority, and where the amount involved or the importance of the substitution warrants, an order for changes will be issued; otherwise the adjustment will be handled by deduction from payments to the Contractor on the basis of prices stated in the written approval. No payments in excess of prices bid in the schedule will be made because of such substitution of one material for another, or because of the use of one alternative material in place of another.
e) To allow sufficient time to provide for inspection, the Contractor shall submit to the Engineer, at the time of issuance, copies in triplicate of purchase orders, mill orders, and/or shop orders, including drawings and other pertinent information, covering materials and
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-6 equipment subject to inspection or shall submit other evidence in the event such orders are issued verbally or by letter. The inspection of materials and equipment or the waiving of the inspection thereof shall in no way relieve the Contractor of the responsibility for furnishing materials and equipment meeting the requirements of these specifications.
f) At least 10 days prior to date of shipment from shipping point, the Contractor shall notify the Engineer of the type of transportation to be used for shipment, materials to be shipped, and the approximate quantities thereof.
GC-8. STANDARD STOCK PRODUCTS
a) All materials and equipment furnished shall, whenever so specified, and otherwise whenever practicable, be the standard stock products of recognized reputable manufacturers. The use of standard stock products of manufacturers other than those specified will be permitted subject to the requirements set forth below in the section of the General Conditions entitled "Equivalents."
b) Any changes required in the details and dimensions shown on the Plans/Drawings for the substitution of standard stock products, other than those provided for, shall be properly made as approved by the Engineer, and at the expense of the Contractor. Any references herein to brands and catalog numbers are intended to be descriptive and not restrictive, and are used only to indicate articles that will be satisfactory. Other makes and catalog numbers will be accepted provided that it is established to the satisfaction of the Engineer that they are similar and equal to those specified herein or called for on the Plans/Drawings.
c) Prior to placing of any purchase order for products of standard manufacture, and sufficiently in advance of the proposed purchase date to enable the Engineer to determine whether the proposed product conforms to the specifications, the Contractor shall submit for the review of the Engineer complete descriptive data consisting of dimensioned drawings, catalog references and specifications, typical performance records, and such other information as may be required to be submitted on special forms to be furnished by the Engineer to identify clearly each product in question. The term "or equal" shall not be used in any descriptive information furnished. Except at the Contractor's risk, no purchase order shall be placed for any product which has not been approved by the Engineer.
GC-9. EQUIVALENTS
a) The mention of apparatus, machinery, articles or materials by trade name, and such specific description as is made, is intended to establish the degree of excellence required. Except in those instances where the product is designated to match others in use in a particular improvement either completed or in the course of completion, the use of an alternative which the Contractor represents will conform substantially to the standard of excellence established and is at least of equivalent merit, strength, durability and appearance and which will perform the required function for the purpose intended will be permitted, subject to each of the following requirements:
1) The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and it shall furnish all information necessary as required by the Engineer
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-7 at no additional cost to the Authority. The Engineer shall be the sole judge as to the quality and suitability of such alternatives and its decision shall be final. Approval by the Engineer of an alternative shall be in writing and shall set forth any adjustment as may be appropriate under subparagraph (7) below.
2) Where use of such alternative involves redesign of or changes to other parts of the Work, the time required to effect such design or changes will be considered in evaluating the suitability of the alternative.
3) No tests or action relating to the approval of an alternative will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the alternative. Such request shall be made in ample time to permit approval without delaying the Work.
4) Whenever classifications, rating or other certification by a body such as UL, NEMA and ANSI is a part of the specification for any equipment or materials, proposals for use of alternatives shall be accompanied by reports from the listed or equivalent testing laboratory indicating compliance with specification requirements.
5) The cost of all testing required to prove equality of the alternative proposed shall be borne by the Contractor.
6) Approval of an alternative shall only be for the characteristics or use named in such approval, and shall not be used to change or modify any Contract requirement, or to establish approval for the alternative to be used on any other phase of the Work.
7) If the alternative approved is of lesser value to the Authority or involves less cost to the Contractor than the product specified, an adjustment shall be made in favor of the Authority, and where the amount involved or the importance of the substitution warrants, an order for changes will be issued; otherwise the adjustment will be handled by deductions from payments to the Contractor on the basis of prices stated in the written approval. No payments in excess of prices bid in the schedule will be made because of such substitution of one product for another, or because of the use of one alternative in place of another.
b) Any changes required in the details and dimensions shown on the Plans/Drawings for the substitution of the alternative shall be properly made as approved by the Engineer and at the expense of the Contractor. Any additional expense incurred by the Contractor arising from the use of any suitable alternative shall be borne solely by the Contractor. When any change in design or other conditions render unusable any alternate material or apparatus recommended by the Contractor and subsequently approved by the Engineer as an alternate to any standard materials, equipment or apparatus specified on the drawings or in the specifications, the Contractor shall assume all loss incurred and shall be entitled to no additional compensation therefor.
c) Whenever the words "or equal" appear in the specification, the following shall also be inserted immediately thereafter by virtue of this reference, "in accordance with General Conditions Paragraph entitled "Equivalents."
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-8 GC-10. SAMPLES
a) Any samples required by the Contract Documents or the Engineer shall:
1) Be submitted within the time specified in the Contract Document or, if no time be specified, within a reasonable time before use to permit inspection and testing. 2) Be shipped prepaid and delivered as specified in the Contract Documents, or as directed by the Engineer.
3) Be properly marked to show the name of the material, trade name of manufacturer, place of origin, name and location of the Work where the material represented by the sample is to be used, the name of the Contractor submitting the sample and the number of the contract under which the Work is being performed.
4) Samples not subject to destructive tests may be retained until completion of the Work but thereafter will be returned to the Contractor, if it so requests in writing, at its own expense. Failure of any sample to pass the specified requirements will be sufficient cause for refusal to consider further any samples from the same manufacturer whose materials fail to pass the tests.
GC-11. TESTS
a) All materials, equipment, and parts and assemblies thereof, furnished by the Contractor, and entering into the Work, shall be tested as specified in the Contract Documents, or if not specified, in conformity with the best modern approved methods for the particular type and class of Work.
b) Unless waived in writing by the Engineer, all tests and trials shall be made in the presence of the Engineer. When the presence of the Engineer is so waived, five copies of sworn statements of each test made and its results shall be furnished the Engineer by the Contractor as soon as possible after the test is made.
c) All costs of tests and trials, excepting the expenses of the Engineer, shall be borne by the Contractor.
GC-12. GUARANTEES
The provisions of this paragraph shall apply unless modified by the Supplementary Conditions or Specifications.
a) All materials, supplies, articles, equipment, parts and assemblies thereof furnished and incorporated in the permanent Work shall be of the highest grade, free from defects and imperfections, of recent manufacture and unused. Workmanship shall be of the highest grade and in accordance with best modern standard practice.
b) Except where longer periods of guarantee are elsewhere provided for, all Work done under the Contract by the Contractor shall be guaranteed by the Contractor to be free from faulty
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-9 materials and Workmanship throughout the period ending one year from the date of formal written final acceptance of the entire completed Work under the Contract. Upon receiving notification from the Authority, the Contractor shall immediately correct, repair, replace, or otherwise remedy, without cost to the Authority and to the entire satisfaction of the Authority, all defects, damages or imperfections due to faulty materials or Workmanship appearing in said Work within such period. No payment to the Contractor shall relieve it of any obligation hereunder. In the event the guarantee Work also proves defective within a year following the performance of such Work, the defective Work shall also be repaired, corrected or replaced at the Contractor's cost.
c) All materials, articles, supplies, equipment, parts and assemblies there of, of standard manufacture, or for which detail design or other requirements are not prescribed in the Contract Documents, incorporated in the Work shall be guaranteed by the Contractor (1) as suitable and fit for the particular purpose intended and (2) throughout the period ending one year (or throughout such longer periods of time guaranteed by the respective manufacturers) from the date of formal written final acceptance of the entire completed Work under this Contract, against any failure in proper use or operation caused by defective material, Workmanship, design or other failure to meet the requirements of the specifications. Any defects in materials, Workmanship, design or other failure to meet the requirements of the specifications which are disclosed within such periods of time shall be corrected, repaired, replaced or otherwise remedied by the Contractor without additional cost to, and to the entire satisfaction of, the Authority immediately after notice in writing of the defect or failure shall have been given by the Authority or the Engineer.
d) In addition to the foregoing obligations in this section the Contractor shall pay the total actual cost (including but not limited to direct, indirect and overhead costs) to the Authority of any additional Work by Others arising from the correction, repair, or replacement of any such defective material or Workmanship or other remedial action necessitated thereby. If the Contractor fails promptly to remove such articles when requested by the Authority or the Engineer and/or to proceed promptly with such repair, replacement or correction thereof, or other remedial action, the Authority (1) by contract or otherwise may replace, repair or correct such articles or effect other appropriate remedies and charge to the Contractor the total actual cost as described immediately above occasioned thereby, and/or (2) may terminate this Contract for default. If because of any such defective material, Workmanship, design or other failure to meet the requirement of the specifications immediate remedial action with respect to the articles is required to permit Work hereunder, to continue or to progress the Work by Others or to advance or continue the operation or re-operation of the plant, the Authority at its option and after notice to the Contractor may proceed with such necessary correction, repair, replacement or other remedial action and such total actual cost thereof shall be charged to the Contractor and deducted from any money due or to become due to it.
e) The guarantees under this section are in addition to any manufacturer's guarantee or warranty. Manufacturer's guarantees or warranties that extend over a period of time greater than the guarantee periods specified herein shall not be modified or voided by any requirement of this section. The Contractor shall promptly provide the Engineer with copies of all manufacturer's guarantees or warranty documents.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-10 GC-13. WORKERS
a) The Contractor at all times shall employ Workers in sufficient number and of the various degrees of skills and experience required to perform the Work, in a timely manner consistent with the provisions of AGREEMENT Article entitled "Commencement, Prosecution and Completion." On Work requiring particular specialties or skills, the Workers engaged shall have had sufficient experience in such specialties or skills to satisfactorily and properly perform the Work and operate the equipment involved. The Contractor shall also employ competent experienced supervisory personnel who are familiar with the various features of Work to be performed.
b) The Engineer may in writing require the Contractor to remove promptly from the Work such employees as the Engineer deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the Work is deemed by the Engineer to be contrary to the public interest, and such employee shall not again be employed by the Contractor in connection with the Work of this Contract.
GC-14. INSPECTION
a) Except as may be otherwise provided in the Contract Documents, all materials used and/or to be provided for incorporation in the Work and all Workmanship performed by the Contractor will be subject to inspection, examination and test by the Engineer at any and/or all times during construction and at all places where construction, production or manufacture is carried on until final acceptance of the entire Work. The Contractor, at its expense, shall furnish promptly all reasonable facilities, labor and materials necessary for the safe and convenient inspection and testing that may be required by the Engineer. No extensions of time for delay or costs for damages incurred shall be allowed the Contractor for the time reasonably necessary for the Engineer to perform such tests. The Contractor shall be solely responsible for performing all Work and furnishing all materials in strict accordance with the Contract Documents, and the Engineer's inspection, examination or test of any portion of the Work, or the waiving thereof, shall not imply final acceptance of that portion of the Work, nor shall it relieve the Contractor of any responsibility under the Contract.
b) During construction and until final acceptance, the Authority or the Engineer will have the right to reject defective material and Workmanship furnished by the Contractor or require its correction. Rejected Work shall be satisfactorily corrected and rejected material shall be satisfactorily repaired or replaced with proper materials by the Contractor without charge therefor. The Contractor shall promptly at its own expense segregate and remove all rejected material from the site as specified or as otherwise approved by the Engineer.
If the Contractor fails to proceed with the repair or replacement of rejected material and/or the correction of defective Workmanship within 48 hours of oral notification, the Authority may, by contract or otherwise, replace such material and/or correct such Workmanship and charge the cost thereof to the Contractor, cancel the Contract or terminate the Contractor's employment as provided under the Article in the AGREEMENT entitled "Interruption of Contract Performance," or assess liquidated damages as specified in the Supplementary Condition in addition to other remedies provided by this Contract.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-11 c) The Contractor shall give the Engineer reasonable advance notice of operations, materials or equipment requiring special inspections or tests, and it may request inspection of a portion of the Work at any time by reasonable advance notice to the Engineer. The Contractor shall be charged with any additional cost of inspection when material and Workmanship are not ready at the time inspection is requested by the Contractor and such charges shall be deducted from money due or to become due to it. The Contractor will not request inspection of Work performed until after it has first conducted a personal inspection of that Work for completeness, acceptability and conformance to Contract requirements.
d) Should the Engineer at any time before final acceptance of the entire Work consider an examination of any covered or completed portion of the Work to be necessary or advisable, the Contractor shall, when ordered in writing, uncover, tear out or disassemble such portion of the Work to enable the examination. If the Work subject to such examination is found to be defective or nonconforming in any material respect, due to the fault of the Contractor or its subcontractors, the cost of such uncovering, destruction or disassembly and reconstruction shall be borne by the Contractor. If, however, such Work exposed and examined is found to be satisfactory, the Authority will pay the Contractor the cost of such uncovering, destruction or disassembly and reconstruction, such costs to be determined as provided in the Article of the AGREEMENT entitled "Extra Work."
If the Contract Documents require approval by the Engineer of particular portions of the Work prior to such portions being covered or completed and any of such portions is covered or completed without the Engineer's giving such prior approval in writing, the Contractor shall bear all costs involved in the inspection, notwithstanding conformance of such Work with the Contract Documents.
e) Inspection of material and equipment to be incorporated in the Work at the site may be made at the place of production, manufacture or shipment. Such inspection shall not constitute acceptance by the Engineer or Authority nor be in any way in derogation of the provisions of subparagraph (a) of this section entitled "Inspection." The Contractor shall be responsible for and make good any damage or loss in transit.
f) To enable the Engineer to anticipate inspection requirements, the Contractor shall submit to the Engineer, at the time of issuance, copies in triplicate of purchase orders, mill orders, shop orders, including drawings, and other pertinent information, covering materials and equipment subject to inspection or shall submit other evidence in the event such orders are issued verbally or by letter. Monetary values may be omitted from all such documents. Inspection and tests will be performed by the Engineer in such a manner as to not unnecessarily delay the Work.
g) Nothing contained in this section shall in any way restrict the Authority's rights under any warranty or guarantee.
GC-15. CONTRACTOR TO GIVE PERSONAL ATTENTION/KEY PERSONNEL
a) The Contractor shall give its constant attention to the Work while it is in progress or it shall place the Work in charge of a competent and reliable English-speaking supervisory
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-12 employee who shall have authority to act for the Contractor and who shall be accountable to the Engineer.
b) Such supervisory employee shall be designated in writing to the Engineer and shall be responsible for the Contractor for all Work to be performed hereunder at the site and for all communications between the Authority and/or the Engineer and the Contractor respecting this Contract and the Work. The Contractor shall also designate in writing responsible supervisory employees for various portions of the Work and supervisory employees of its approved subcontractors to receive such communications as the Engineer may give. At no time shall any Work be conducted at the site without an English-speaking individual present who has been designated by the Contractor as having the authority to receive and to execute orders given by the Engineer.
c) The individual or individuals who on behalf of the Contractor will be responsible for, and in charge of, the preparation of estimates for payment and for surveys as required elsewhere in the Contract Documents shall be properly qualified for such Work. If requested by the Engineer, the Contractor shall furnish experience records of such persons and shall not assign them to the Work until such assignment has been approved by the Engineer. Once so approved by the Engineer, the Contractor shall not remove them without the prior approval of the Authority and without first designating in writing a replacement or replacements meeting the requirements of this paragraph.
d) The Authority shall approve the assignment of all Contractors’ supervisory personnel to the site. The Contractor shall furnish to the Authority an experience record of the supervisory personnel before being assigned to the Work. Removal or reassignment of such personnel to other Work shall be subject to the prior written approval of the Authority.
e) The Authority may in writing require the Contractor to remove promptly from the Work such employees as the Authority deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the Work is deemed by the Engineer to be contrary to the public interest and such employee shall not again be employed by the Contractor in connection with the Work of this Contract.
GC-16. PRESERVATION OF PROPERTY
a) The Contractor shall exercise due care in performance of the Work to avoid injury, damage or loss to existing improvements, utility facilities, and other property of any nature on or near the site of the Work. In the event of any such injury, damage or loss, the Contractor shall repair, replace, or otherwise restore the property to a condition as good as it was when the Contractor commenced the Work, or as good as required by the specifications, if applicable. In addition, the Contractor shall perform such temporary repairs of any facility necessary to restore it to service, as are ordered by the Engineer.
b) The Contractor shall indemnify and save harmless the Authority, the Engineer, their respective officers, agents, employees and representatives from all claims, suits, or actions of any nature brought for or on account of any such injury, damage or loss.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-13 GC-17. WAREHOUSING AND PROTECTION OF MATERIALS, EQUIPMENT, TOOLS, AND WORK
The Contractor shall at all times protect and preserve all materials, supplies and equipment of every description which shall become part of the completed Work (including property which may be Authority furnished or owned) and all Work performed. For this purpose, the Contractor shall provide all storage warehouses, adequate housing or other protection against deterioration and damage, to the satisfaction of the Engineer. The Contractor shall comply with all requests of the Engineer, to enclose or specially protect such property. If as determined by the Engineer, material, equipment, supplies and the Work are not adequately protected by the Contractor, protection may be provided by the Authority and the cost thereof charged to the Contractor or deducted from any money due or to become due it.
GC-18. MISPLACED MATERIAL
Any material that is deposited other than at the place designated or approved by the Engineer will not be paid for, and the Contractor may be required to remove such material and waste it or redeposit it as directed at its own cost. Should the Contractor, during the progress of Work, lose, misplace, or dump any material, plant, machinery, or appliance on or near the construction site or elsewhere which, in the opinion of the Engineer, may be dangerous, damaging, a nuisance, or which may interfere with the Contractor's Work or the activities of others, the Contractor shall recover and remove the same promptly upon notification by the Engineer of any such misplaced materials. The Contractor shall acknowledge in writing, with a description and location of such material, receipt of such notice, and, when required by the Engineer shall mark such material until the same is removed. Should the Contractor refuse, neglect, or delay compliance with the above requirements, such material may be removed by the Engineer, and the cost of such removal may be charged to the Contractor or deducted from any money due or to become due it.
GC-19. EXISTING UTILITIES
a) The Contractor shall familiarize itself with the existence of publicly and privately owned facilities occupying the site of the Work and shall cooperate with the owners or operators of such facilities in the Work of relocating, altering or protecting their facilities as required for the accomplishment of the Work of these Contract Documents. The Contractor shall not disturb any part or parts of such facilities without the written approval of the Engineer. During the prosecution of the Work, the Contractor will assume all liability for damage to or destruction of all such facilities on or off the site of the Work, whether or not such facilities have been identified on the contract drawings, and shall hold harmless the Authority and the Engineer from any liability with respect thereto.
b) It shall be the responsibility of the Contractor to make arrangements with the owners or operators of utility facilities within the site of the Work for the purpose of coordinating the Work of this Contract with any specified or required relocation or alteration of such facilities. The Authority will negotiate all instruments which are necessary to relocate or alter utility facilities as a part of the completed Work. The Contractor shall comply with all terms and conditions of such instruments and shall report promptly to the Engineer any failure of such owner or operator to cooperate in the relocation or alteration of its facility.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-14 The cost of relocation or alteration of a facility as a part of the completed Work of the Contractor will be borne by Others.
c) The Contractor shall make its own arrangements for any alteration or relocation of a facility done solely for his convenience and shall bear all costs in connection therewith.
GC-20. COOPERATION WITH OTHER CONTRACTORS
a) The Authority reserves the right to let other contracts in connection with the Work covered by this Contract. The Contractor shall afford other contractors reasonable opportunity for the assembly of plant, equipment and materials for the Work of their contracts. The Contractor shall cooperate with and conduct its Work so as not to interfere with or hinder the progress or completion of the Work being performed by other contractors. In case of dispute between contractors, the Engineer shall be the referee and its decision shall be final and binding on all parties. The Contractor shall, as far as possible, arrange its Work, and shall place and dispose of the materials being used so as not to interfere with the operation of the other contractors at the site. It shall join its Work with that of other contractors in an acceptable manner and shall perform it in the proper sequence to that of other contractors. The Contractor shall so arrange its plant and Work to effectively cooperate with other contractors and any employees of the Authority or the Engineer Working in the area. No additional compensation will be allowed on account of the cooperation required.
b) The Contractor shall assume all liability, financial or otherwise, in connection with the Contract and shall indemnify and save harmless the Authority and the Engineer from any and all damages or claims that may arise because of inconvenience, delay or loss experienced by other contractors by reason of its failure to diligently prosecute its operation or to comply with the provisions of this paragraph.
c) The Contractor's forces shall Work harmoniously in the same areas, if necessary, with the forces of any other contractors. The remedies the Authority may have for any failure in this regard shall include suspension of the Contractor's right to further partial payments until the failure is cured.
GC-21. CONSTRUCTION PLANT AND EQUIPMENT
The Contractor shall provide plant and equipment properly adapted to the Work of sufficient capacity and efficiency to accomplish the Work in a safe and Workmanlike manner within the time(s) specified. Within 21 calendar days after receipt of Notice of Award, the Contractor shall submit for approval of the Engineer a Plant and Equipment Schedule showing the plant and equipment and their capacities that the Contractor proposes to use in the Work. All plant and equipment shall be maintained in good Working order and shall be subject to inspection of the Engineer at all times. Any equipment or plant component furnished by the Contractor, which is in the opinion of the Engineer or the Authority unsafe or incapable of performing its function acceptably, will be removed immediately from use and/or from the site at no cost to the Authority and will be replaced at once with acceptable replacements. Any discrepancies that may occur between the actual plant and equipment used and the Plant and Equipment Schedule immediately shall be brought to the attention of the Engineer. The Engineer reserves the right to prohibit the use of any plant, equipment,
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-15 tools or construction, installation or erection methods, the use of which, in its opinion, would adversely affect the quality of the Work. Adequate provisions shall be made for immediate emergency repairs to the plant and equipment and no reduction in the capacity of the plant or equipment employed on, or scheduled for the Work shall be made except by written permission of the Engineer. Neither the Engineer's approval of such Plant and Equipment Schedule, nor its failure to prohibit or object to, the use of any part of the plant, equipment, tools or construction methods shall relieve the Contractor of full responsibility for their adequacy to accomplish the Work. All plant, equipment, tools, construction, installation, and erection methods shall conform to applicable safety standards as set forth in the section of the General Conditions entitled "Safety and Accident Prevention."
GC-22. IDENTIFICATION OF CONTRACTOR'S EMPLOYEES, VEHICLES AND PLANT
The Contractor shall provide each of its employees and its subcontractor's employees with a suitable numbered badge bearing the name or initials of the contracting firm. Each employee shall wear his or her badge upon his or her person while at Work on the site in such a manner that it will be plainly visible as a means of identification. All vehicles, boats and other floating or stationary plant used by the Contractor or its subcontractors on the Work shall be clearly marked with the identification of the firm and shall be appropriately numbered. All entries involving labor and equipment on the Contractor's daily time reports and extra Work records, as well as on all payroll and other cost records required to be submitted under these Contract Documents, will include both the name and assigned identification number for all labor and equipment recorded. Each employee shall wear his or her badge when at the Work site. The Contractor shall maintain and deliver to the Engineer records of all identification badges worn and vehicle identification, cards, or stickers issued to the Contractors or subcontractor's employees.
GC-23. WORKING SITE - LAND USE
The Authority will obtain the land for the Work in fee or by easement at its discretion, in a manner generally intended to permit the Contractor sufficient areas in which to perform the Work in essentially a sequential manner according to an approved construction schedule. However, there is no assurance given that all of the right-of-way will be secured for construction purposes at the time of Award of Contract and breaks in a continuous right-of-way may be expected to occur. In this event, the Contractor will be required to adjust the construction sequence. No additional compensation beyond that provided under the Schedule of Payment Items will be provided for such adjustment in the construction sequence and the time period for the performance of delayed items of Work. The use of the Work site for any purpose other than that specified in the Contract Documents shall be subject to the approval in writing by the Engineer. The Contractor shall familiarize itself with the instruments granting easements and shall comply with the terms and conditions thereof.
GC-24. OPERATIONS AND STORAGE AREAS
a) Storage of materials and construction equipment, operation of construction plants and similar use of the land shall be confined to areas designated by the Contract Documents or
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-16 approved in writing by the Engineer. In the event that no, or insufficient, land is available for such purposes, the Contractor shall make arrangements with third persons for the use of necessary land and/or improvements. All such arrangements shall be at the sole expense of the Contractor and subject to the prior approval of the Engineer and use, care and clean-up of such lands shall be subject to the same specific requirements of the Contract Documents which govern use of Authority lands. No payments will be made to the Contractor for, or arising out of, its use of land of any such third person and such third person shall acknowledge in writing to the Engineer prior to Engineer's approval that the Authority shall have no obligation to it because of the Contractor's use of its land.
b) Temporary buildings, including but not limited to storage sheds, shops and offices and utilities may be erected by the Contractor only with the approval of the Engineer and shall be built with labor and materials furnished by the Contractor without cost to the Authority. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by it at its expense upon the completion of the Work, unless otherwise approved in writing by the Authority.
c) The Contractor shall use only established roadways or construct and use such temporary roadways as may be authorized by the Engineer.
GC-25. USE OF CONSTRUCTION FACILITIES
a) It is possible that Work, at or in the vicinity of, the Work areas will be performed by the Authority or by other contractors engaged in Work for the Authority during the contract period. The Contractor shall, without charge, permit the Authority, the Engineer and their respective agents to use temporary construction facilities (and any other facilities constructed or acquired by the Contractor for use in performance of the Work) as are available without entailing any material increase in cost to the Contractor for maintenance or operation of such facilities; and shall negotiate agreements with other contractors engaged in Work for the Authority for cooperative use and maintenance of such facilities, subject to the approval of the Authority or the Engineer.
b) All roads and/or railroads on Authority lands or right-of-way, whether or not built by the Contractor, shall be available for use by the Authority, the Engineer and their respective officials, employees and agents and, subject to the provisions of the above paragraph, by other contractors engaged in Work for the Authority at no charge to either of them. The Authority will not reimburse the Contractor for use or maintenance of such roads or railroads.
GC-26. OFF SITE MOVEMENT
The Contractor shall limit all travel and movement off the Site or off the right-of-way to permanent public roads and shall not allow such travel or movement of employees or equipment elsewhere without written approval of the Engineer. Such travel or movement elsewhere without such written approval shall constitute a breach of the Contractor's obligations hereunder and the Contractor shall pay to the Authority the sum of $1,000 for each and every such occurrence. Such payment may be deducted from any monies due or to become due the Contractor.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-17 GC-27. TEMPORARY CONSTRUCTION FACILITIES
a) The Contractor shall furnish all labor, materials and equipment required, shall make its own arrangements, and shall construct all temporary construction facilities as may be required for the Work of this Contract.
1) Camp Sites - The Contractor's attention is directed to the Paragraph of these General Conditions entitled "Working Sites - Land Use."
2) Water and Sanitary Facilities - Unless otherwise provided in the Supplementary Conditions or Specifications, all water for construction, potable water and sanitary facilities for use by the Contractor and its employees shall be provided by the Contractor, including source of supply, supply connections, piping, sanitary drains, lines and sanitary disposal facilities. Such equipment, materials and/or systems shall be installed at such locations and in a manner as approved by the Engineer.
3) Lighting - The Contractor shall provide adequate illumination as may be required for its operations in the prosecution of the Work of this Contract. Adequate illumination as used herein shall be at least the minimum lighting required to provide safe Working conditions, to provide sufficient lighting for the Work to be performed in accordance with the Contract Documents, and to permit complete inspection of all Work. The Contractor's attention is directed to the Supplementary Conditions and the Specifications for any additional provisions with respect to lighting.
4) Construction Power - Unless otherwise provided in the Supplementary Conditions or Specifications, the Contractor shall make all arrangements to supply electric power for construction purposes and shall furnish, install, and maintain all necessary transformers, transmission lines, distribution circuits, and other electrical equipment required for distributing the power to the places of its use. All equipment, materials, and Work in connection with the Contractor's electrical installations shall be subject to approval by the Engineer, and the Contractor's electrical installation shall be maintained in a safe and serviceable condition.
b) Prior to final acceptance of the Work of the Contract, and unless otherwise permitted by the Engineer all temporary construction facilities shall be removed by the Contractor to the satisfaction of the Engineer, and where directed by the Engineer or specified in the Contract Documents, access areas shall be substantially restored to their original appearance.
c) No payment will be made to the Contractor for the Work of this paragraph entitled, "Temporary Construction Facilities."
GC-28. SUBCONTRACTORS
The Contractor shall notify the Engineer in writing of the names and addresses of all subcontractors proposed for the Work, but not to exceed 25% of the total contract value in accordance with the AGREEMENT Article entitled "Assignment" together with the extent
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-18 and character of the Work to be performed by each subcontractor. After approval thereof by the Authority and within seven (7) days after making any subcontract, the Contractor or subcontractor shall deliver to the Engineer a statement setting forth the name and address of each subcontractor and summary description of the precise Work subcontracted. If for sufficient reason, at any time during the term of this Contract, the Authority determines that any subcontractor is incompetent or undesirable, the Authority will notify the Contractor accordingly and immediate steps shall be taken for cancellation of such subcontract.
Subletting by a subcontractor shall be subject to the same regulations. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Authority. Two complete copies of each subcontract will be transmitted by the Contractor to the Engineer immediately following execution. Two complete copies of each subcontract, amendment, alteration, change and change order thereto will also be transmitted to the Engineer by the Contractor immediately following execution.
GC-29. REPORTS
a) The Contractor is required to provide the Engineer with written daily reports submitted on a weekly basis and in a form approved by the Engineer recording the following data:
1) The Contractor's entire Work force including numbers of employees
2) Their respective titles
3) The respective hours Worked each day by each employee during the Work period, the items of Work performed and the location where such Work was performed. Idle, show-up and other unproductive time should be clearly shown or designated.
4) The salary or wages paid to each employee including and clearly delineating the actual hours Worked each day; the rates per hour; the employees current classification; the fringes actually paid to the employee and to the various associations for that employee; and the payroll taxes and mandatory insurance actually paid for each employee including supplemental in-lieu-of wage payments such as housing allowances, transportation, travel time, bonuses, and other fringe benefits.
5) The quantities and types of equipment and hours each was used on a daily basis and the items of Work upon which the equipment was utilized. Idle, down-time and unproductive hours will be clearly delineated.
6) The major items of Contractor's plant used and hours for each used. The daily hours of productive use of each item as well as clearly detailing all non-use, idle, down-time and unproductive hours.
7) The formulation of any pesticide used by the Contractor or subcontractor to include date of application, area and quantity of application, quantity and names and qualifications of applicator personnel.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-19 b) The Contractor shall also be required to furnish daily reports for all approved subcontractors in a like manner. Failure to comply with all of the above requirements will be cause for the Authority to withhold payment of any partial payment estimate due or being processed, for the period during which such noncompliance is in effect.
c) The foregoing requirements are in addition to any other reports required in the Contract Documents.
GC-30. SECURITY
a) The Contractor shall employ at all times such usual and ordinary means as may be required to prevent acts of vandalism and theft which would cause injury, loss of life or property, damage to the Work of this or other contracts in connection with this project, or substantial delay in the completion of the Work of this or other contracts. The Contractor shall exclude all unauthorized persons from the vicinity of its construction operation and shall take all protective measures which are usually employed under a contract of this scope, such as a security guard force, security fencing and the like. No payment will be made to the Contractor therefor.
b) There is a possibility of demonstrations against construction of the subject Work and the Authority cannot guarantee that there will be no attempts to interfere with the Contractor or contract Work. Should the Authority hire a guard force, it will be hired to protect the site and will be present for the benefit of the Authority, not the Contractor. The Contractor will be expected to take such care in protecting its forces and property as circumstances may warrant, at no additional cost to the Authority.
GC-31. CLEAN-UP
a) Upon completion of the Work, the Contractor shall remove from the vicinity of the Work all plant, buildings, equipment, rubbish, unused materials, concrete forms and other like material, belonging to it or used under its direction during construction, and shall restore all areas affected by the Work as directed by the Engineer or as specified in the Contract Documents. In the event of its failure to so remove and restore, the same may be removed and restored by the Authority and the expense therefor charged to the Contractor and deducted from monies due or to become due to it.
b) The Contractor shall at all times during the progress of the Work keep the construction area, including storage areas used by it, free from accumulations of waste material or rubbish and shall leave all Work in a neat and orderly condition.
GC-32. METHOD OF MEASUREMENT
a) The methods of measurement for payment of contract items will be as described in the Supplementary Conditions. In the event the Contract Documents do not specifically cover the method of measurement for payment in any instance, such measurement shall be made in accordance with standard practice. If the method of measurement for payment for a particular pay item requires that the unit price cover other Work or material essential to the
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-20 item, such other Work or material will not be measured or paid for separately under any other pay item.
b) For computation of the quantities to be paid for under the various items of the Contract, it is agreed that the planimeter will be considered an instrument of precision, and the quantities computed from areas obtained by its use will be accepted by all parties hereto as accurate. Arithmetical computations will not be precluded by reference to the planimeter.
GC-33. WEIGHTS OF EQUIPMENT, MACHINERY AND METAL PARTS
a) The weights of equipment, machinery and other metal parts, the furnishing, handling or placing of which is to be paid for on the basis of weight, shall be determined by the Contractor and approved by the Engineer. The Contractor need not provide scales for actually weighing all of the material, but it may determine the weight of each part or item involved in the most practicable manner and shall use for that purpose shipping weights, subject to the approval of the Engineer. Net weights only will be paid for and the weight of all tare, packing and blocking shall be deducted. Weights of wedges, oil, welding rods, paint, coating materials, and similar materials, all of which are required to be placed or applied at the site of construction, shall not be included in the weights for which payment is made.
b) The Contractor shall make available to the Engineer all data used by it for determining the weights of the equipment, machinery and other metal parts for payments. Scale weights shall be used when available except that no payment will be made for weight in excess of computed weight determined from handbook weights plus 3.5 percent for galvanizing or shop painting and tolerance. In case the weights determined by the Contractor are not approved by the Engineer, the weights determined by the Engineer shall be final and conclusive as to payment.
GC-34. POSSESSION OR USE PRIOR TO COMPLETION
The Authority shall have the right to take possession of or use any completed or partially completed part of the Work. Such possession or use shall not be deemed an acceptance of any Work not completed in accordance with the Contract nor shall it relieve the Contractor of any other obligations under the Contract. If possession or use by the Authority prior to the completion date specified herein or any extension thereof, delays the progress of the Work or causes additional Work to the Contractor, an adjustment in the Contract price and/or the time of completion, will be made and the Contract shall be modified in writing accordingly.
GC-35. ADDITIONAL BOND SECURITY
Attention is directed to the section in Information for Bidders entitled "Bonds." If any surety upon any bond furnished in connection with this Contract becomes unacceptable to the Authority, or if any such surety fails to furnish reports as to its financial condition from time to time as requested by the Authority, the Contractor shall promptly furnish such additional security as may be required at such times to protect the interests of the Authority and the
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-21 persons supplying labor or materials in the prosecution of the Work contemplated by this Contract.
GC-36. INSURANCE
a) General Requirements
The Contractor, and each subcontractor, will keep in force at its own cost, until final acceptance of the Work, the insurance coverages listed herein. The Contractor will not commence Work until the Authority has been furnished a completed certificate or certificates of insurance. Contractor shall ensure that all subcontractors comply with these requirements, and that these requirements are expressly incorporated in each of the Contractor’s sub-contractor agreements. Failure to maintain the required insurance throughout the term of the Contract, including any Contract term modifications, is a material breach of the Contract and may result in a stop work order or termination of the Contract for cause.
All coverages, except Workers’ Compensation (see b).i., below), should be evidenced on an Acord form accompanied by the following two (2) endorsements: Additional Insured with the identifying policy number, specifically naming the New York Power Authority, the State of New York as additional insureds to the policy and Waiver of Subrogation endorsement. The insurance afforded to the additional insureds shall be at least as broad as that afforded the first named insured. .
The form and sufficiency of each insurance policy required to be obtained herein will be subject to the Authority’s approval and with insurance companies acceptable to the Authority. The Contractor shall notify the Authority no later than 10 days prior to the effective date of a change to or cancellation of insurance policies required herein. The Contractor will deliver or cause to be delivered to the Authority, upon request, a copy of each such insurance policy.
b) Any and all deductibles or self insured retentions, in or relating to the below described insurance policies shall be assumed by and be for the account of, and at the sole risk of the Contractor.
i) Workers’ Compensation Insurance for statutory obligations imposed by Workers’ Compensation/Occupational Disease Laws, including Employer’s Liability Insurance with a minimum limit of $1,000,000. When applicable, coverage shall include The United States Longshoreman's and Harbor Workers' Compensation Act (44 U.S.Stat 1424) and the Jones Act (41 U.S. Stat 988). Under Sections 57 & 220 Subd. 8 of the New York State Workers’ Compensation Law, it is required that Contractors doing business with a Municipal or State entity evidence proof of workers’ compensation coverage on approved forms, as listed below:
1. If coverage is with a private insurance carrier, the entity must provide evidence of coverage on a completed C105.2 form. The C105.2 form is supplied and completed by the insurance carrier or its authorized agent.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-22 2. If coverage is with the State Insurance Fund, the entity must provide a completed U-26.3 form provided by the Fund.
3. If the business entity has been approved by the Workers’ Compensation Board's Office of Self Insurance as a qualified self insurer, a completed SI-12 form is required. The SI-12 form is provided by the Board's Office of Self Insurance.
ii) Commercial General Liability Insurance, which includes Contractual Liability and Products/Completed Operations Liability coverages covering all operations required to complete the Work and where applicable coverage for damage caused by any explosion or collapse with minimum limits of $5,000,000 per occurrence for bodily injury and $5,000,000 per occurrence for property damage liability.
Umbrella/Excess Liability insurance in an umbrella form and on an occurrence basis, with limits of at least $5,000,000 per occurrence. This insurance shall follow form to the underlying insurance and “drop down” for defense and indemnity in the event of the exhaustion of the underlying insurance.
1. The limits contained on the Insurance Policies Declaration page must be equal to or greater than the limits stated herein.
2. The Authority, the State of New York must be named and scheduled as additional insureds to the Contractor’s policy and, if applicable, each subcontractor’s policy, including cross-liability coverage evidenced on the certificate(s) furnished to the Authority. The policy must contain an endorsement stating that the insurer will have no right of recovery or subrogation against the Authority, the State of New York. The Contractor must submit evidence satisfactory to the Authority of its compliance with this requirement. It is the intent of the parties that the insurance placed in accordance with the provisions of this paragraph will be primary insurance and will protect the Contractor, the Authority and the State of New York for all losses arising from all operations, activities, work, services, items or performance relating to the Contract. The insurance afforded to the additional insureds shall be at least as broad as that afforded the first named insured.
3. If Additional insured coverage is afforded by blanket endorsement it is required to be on ISO form CG 20 38 04 13.
4. The Products/Completed Operations Liability coverage will be provided for a period of at least two (2) years after the completion of the Work.
5. The Contractual Liability Insurance coverage will insure the performance of the contractual obligations of the Contractor contained in this Contract, including, without limitation, all contractual indemnity obligations.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-23 iii) A Business Automobile Policy protecting the Contractor and each subcontractor for automobile bodily injury and property damage liability, including coverage for liability arising out of owned, hired or non-owned vehicles. Such insurance will cover all vehicles bearing, or required to bear by the motor vehicle laws of the state of registry, licenses or registration plates in limits of at least $1,000,000 each accident.
iv) If the Work requires professional services, such as, but not limited to, accounting, architectural, engineering, legal, medical and surveying, a standard professional liability insurance policy with a minimum limit of $1,000,000. If applicable, the policy is to be endorsed to include “fee for service” coverage and evidence of endorsement must be furnished to the Authority. An additional insured endorsement is not required for the professional liability policy.
v) If the Work requires the use of watercraft or aircraft, Watercraft, including water quality coverage, or Aircraft Liability Insurance with a minimum limit of $1,000,000 per occurrence is required.
vi) If the Work poses an environmental risk, known or suspected, Pollution Liability with minimum limits of $1,000,000 per occurrence is required.
c) At the execution of this Agreement and on an annual basis during the term of this agreement and any extended period for during which insurance must be maintained, each insuring party will deliver to the Authority the forms required under Section a) General Requirements above for all coverage required hereunder. The Authority has no obligation either to review the forms or policies or to inform any insuring party if the forms and or underlying policies do not comply with the requirements of this agreement. The Authority will be given at least 30 days notice of cancelation, material modification or expiration of the aforementioned insurance.
If the contractor or any other insuring party fails to furnish the forms or maintain the coverage required under this section or if any of the insurance is canceled, the Authority may (1) immediately terminate this agreement and Contractor will reimburse the Authority for any and all losses resulting from Contractor’s failure to have the insurance required hereunder, or (2) the Authority may procure such insurance and the insuring party which failed to maintain the required insurance shall reimburse the Authority for all associated costs including insurance premiums or such costs will be offset against amounts otherwise payable to such insuring party under this agreement. In the event any insuring party’s failure to comply with any aspect of this Insurance Section results in payment for defense or indemnity by any indemnitee’s insurance, such indemnitee’s remedy against such insuring party shall include the amount of coverage (payment of defense, indemnity, etc.) that would have been available to such indemnitee had the insuring party complied with this Insurance Section, and such insuring party shall not be entitled to an off-set for any amounts indemnitee receives, or is entitled to receive, from any other insurance.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-24 d) In lieu of Commercial General Liability Insurance, at the Authority’s discretion, it may agree to accept an Owners and Contractors Protective Liability Policy naming the New York Power Authority and the State of New York as the named insureds, and with the following minimum limits:
Bodily Injury Liability $10,000,000 per occurrence
Property Damage Liability $10,000,000 per occurrence
This policy, the cost of which will be borne by the Contractor, will cover the liability of the Authority and the State of New York with respect to the Work, services, or items to be furnished hereunder, or contract to be performed, including omissions or supervisory acts of the Authority, if any.
Such insurance will contain provisions which state that the policy will also respond to claims or suits by employees of the Contractor or subcontractor against the Authority, the State of New York or by the Authority, the State of New York against the Contractor or any other insured thereunder.
This section GC-36 Insurance is independent of and does not reduce or diminish any other obligation or requirement of the Contractor under any other provision of this Contract.
GC-37. CUSTOMS DUTIES
e) All material and equipment to be furnished or used under this Contract, if imported into the United States, will be subject to duty requirements of the United States.
f) Should the custom duties imposed by the United States be increased or decreased prior to the date of importation of the equipment or any of the materials required for the fabrication thereof, payments to the Contractor will be increased or decreased accordingly.
g) Notwithstanding paragraph (b) above, any additional expense, costs, damages or duties imposed pursuant to the United States Antidumping Act of 1921 (19 U.S. Code Sec. 160 et seq., as amended by 19 U.S.C. 1673 et seq.), the Countervailing Duty Law (19 U.S.C. 1671 et seq.), Sections 337 and 337a of the Tariff Act of 1930 (19 U.S.C. 1337, 1337a, as amended) or arising or alleged to have arisen as a result of unfair trade practices, shall be borne exclusively by the Contractor.
GC-38. PERMITS AND LICENSES
The Contractor shall obtain from the proper authorities, all permits and licenses legally required to carry on this Work, shall pay any and all taxes and fees legally required and shall be responsible for conducting its operations in accordance with the provisions of such permits and licenses. The Contractor shall supply to the Engineer without charge copies of all such permits and licenses. The Contractor shall not delay the performance of any Work at anytime by refusal to pay necessary fees or to post required bonds even though the Contractor may consider or contend that those costs are excessive.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-25 GC-39. LIEN LAW
The attention of the Contractor is specifically called to the provisions of Section 25 and Article 3A of the lien law of the State of New York, as amended, wherein funds received by a contractor for a public improvement are declared to constitute trust funds in the hands of such contractor to be applied first to the payment of certain claims. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Authority a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as it has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Authority, to indemnify it against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Authority all monies that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fee.
GC-40. SAFETY AND ACCIDENT PREVENTION
a) The Contractor shall at all times exercise reasonable precautions for the safety of the general public and persons engaged in the performance of the Work, and is responsible for the performance and maintenance of safety activities of its employees and subcontractors. Before the award of any contract for Work at an Authority property and at the request of the Authority, the Contractor shall submit to the Authority data from the previous 3 years plus the year-to-date that includes, each years’ Experience Modification Rate, Recordable Injury/Illness Rate, Lost Time Injury/Illness Rate and any fatalities that may have occurred in any one of those years. Upon award of the contract the Contractor shall also submit a project specific Health and Safety Plan (HASP) that addresses the hazards that will be expected on the project and how those hazards will be addressed for review and comment by the Vice President of Environment Health and Safety and the Construction Manager.
b) The Contractor shall provide adequate equipment, facilities and personnel as are necessary or required, in the case of an accident, for first aid service to any person who may be injured in the prosecution of the Work under this or other contracts being performed within the site area, and it shall have standing arrangements for adequate medical care, and for removal and hospital treatment of any person who may be injured or who may become ill. Such equipment, facilities and arrangements shall be satisfactory to the Construction Manager.
c) The Contractor shall provide all fire and safety equipment (including fire extinguishers, respirators and lifelines, etc.) necessary for the safe performance of the Work.
d) The Contractor must report immediately to the Engineer every accident/illness to persons or damage to property, and shall furnish in writing full information including testimony of witnesses, regarding all accidents/illnesses. The Contractor shall comply fully with all applicable provisions of the Occupational Safety and Health Act of 1970, (Public Law 91-596 of the United States, 29 U.S.C. Sec. 651 et. seq.) as it may be or may have been amended, all orders, directives, rules and/or regulations issued pursuant thereto and/or deemed to be occupational safety and health standards issued under such Act or
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-26 amendments, and all standards legally incorporated by reference in such laws, rules and regulations; provided however, that in the event a New York State plan for the development of occupational safety and health standards has the approval of the United States Secretary of Labor in accordance with such act of amendments thereto, then the Contractor shall fully comply with such New York State occupational safety and health standards, and with all applicable provisions of New York State laws, and with all valid rules and regulations adopted or promulgated by New York State agencies pursuant thereto. In the further event, however, that such manual or such laws of New York State or rules or regulations issued pursuant thereto contain particular provisions for standards, measures, equipment, devices, techniques, or conditions, not inconsistent with, and which provide for greater protection for employees appropriate to the performance of Work than those prescribed or approved pursuant to the Occupational Safety and Health Act of 1970, then the Contractor shall comply with such particular provisions. The Contractor's attention is specifically called to the applicable rules, regulations, codes and bulletins of the New York State Department of Labor, Board of Standards and Appeals. The Contractor shall cooperate with the safety representatives of the Engineer and/or the Authority and comply with any specific safety recommendations which they may make at no additional cost.
e) The wearing of approved safety hats which comply with ANSI Z89.1 by all persons in the contract Work area is mandatory, and the Contractor shall be responsible for and enforce the wearing of such hats. Eye protection that complies with ANSI Z87.1 shall be worn at all times when employees are performing operations considered hazardous to the eyes and the Contractor shall be responsible for and enforce the wearing of such eye protection. Note that all NYPA site specific Personal Protection Equipment requirements must be adhered to, including, but not limited to: sturdy safety shoes/boots, reflective vest and hearing protection.
f) Attention is directed to the paragraph entitled "Suspension of Work" in the Article of the AGREEMENT entitled "Interruption of Contract Performance." In the event of non-compliance by the Contractor of provisions of this section of these General Conditions, the Authority therefore, may exercise such right to suspend Work and in such event the Contractor shall not be entitled to any delay or expenses occasioned thereby.
g) The Contractor shall also comply with the Authority's safety and accident prevention rules specified in the Supplementary Conditions.
h) The contractor shall provide in both printed copy and electronic PDF format, to the Engineer a Material Safety Data Sheet (MSDS) and when available, a SDS (Safety Data Sheet). The SDS will replace the MSDS and all chemical manufacturers will need to update their old MSDS’s to the new format by June 2015. The SDS has been standardized so the data sheet conforms to a specific format meeting current and future requirements of OSHA Part 1926 for materials to be used in the work, before each material is first used in the project. The requirement to provide a MSDS shall apply to all materials to which workers are exposed, to the extent that OSHA Part 1926.59 requires a MSDS for that material. This applies to those materials brought to the jobsite to be incorporated into the work, as well as to all materials that are encountered at the jobsite as a result of the use or incorporation of the other materials. This requirement shall be waived for commonly used generic construction materials such as Portland cement and asphalt cement by providing to the Engineer a list of
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-27 those materials. Such waiver however does not relieve the contractor from the responsibility to maintain a copy of the MSDS for each material to which the contractors workers will be exposed, as required by OSHA Part 1926.
GC-41. EQUAL EMPLOYMENT OPPORTUNITIES
Attention is directed to the Information for Bidders attachment entitled Appendix G "Equal Employment Opportunities".
GC-42. LABOR PROVISIONS
The execution of the Contract by the Contractor binds it to the following specific agreements. The Contractor specifically agrees that:
a) No laborer, Worker or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or any part of the Work included in this Contract shall be permitted or required to Work more than 8 hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law.
b) The wages to be paid to, and the supplements (fringe benefits) to be provided for, the laborers, Workers and mechanics so employed in the performance of the Contract shall be not less than the prevailing hourly rate wages and supplements listed in the prevailing rate schedules, if any, annexed to the specifications for the Work, and any re-determinations (updatings) of such schedules by the Commissioner of Labor after the Contract is let. Such re-determination shall be deemed part of the Contract to be effective as prescribed in the re- determinations. The failure to have the initial prevailing rate schedules annexed to the specifications shall not relieve the Contractor, subcontractor or other person doing or contracting to do the Work from the requirements with respect to paying and providing the prevailing wages and supplements.
i) In situations in which there are not sufficient laborers, Workers and mechanics who may be employed to carry on expeditiously the Work contemplated by the Contract and the immediate commencement or prosecution or completion without undue delay of the Work is necessary for the preservation of the contract site and for the protection of the life and limb of the persons using same, such laborers, Workers and mechanics shall be permitted or required to Work more than 8 hours in any one calendar day; provided however, that upon application of the Contractor, the Authority shall have first certified to the Commissioner of Labor of the State of New York that such public Work is of an important nature and that any delay in carrying it to completion would result in serious disadvantage to the public; and provided further that such Commissioner of Labor shall have determined that such an emergency does in fact exist, as provided in Subdivision 2 of Section 220 of the Labor Law.
ii) Failure of the Authority to make certification to the Commissioner of Labor shall not entitle the Contractor to any damages whatsoever.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-28 iii) The Labor Law provides that the Contract shall be forfeited and no sum paid for any Work done thereunder on a second conviction for willfully paying less than the stipulated wage scales as provided in the Labor Law, Section 220, Subdivision 3 amended.
iv) The Contractor specifically agrees as required by the provisions of the Labor Law, Section 220-e as amended, that:
a) In hiring of employees for the performance of the Work under this Contract or any subcontract hereunder, neither it nor any of its subcontractors, nor any person acting on its or their 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.
b) Neither it nor any of its subcontractors, nor any person acting on its or their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of the Work under the Contract or a subcontract on account of race, creed, color, disability, sex, or national origin.
c) There may be deducted from the amount payable to the Contractor by the Authority under the Contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Contract; and the Contract may be cancelled or terminated by the Authority, and all monies due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this paragraph of the Contract.
d) The provisions of Section 220-e covering manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York.
GC-43. PREVENTION OF DUST HAZARD
The Contractor specifically agrees, as required by the Labor Law, Section 222-a, as amended, that:
a) If in the construction of the Work, a harmful dust hazard be created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standards and Appeals, such appliances or methods shall be installed and maintained and effectively operated by the Contractor.
b) IF THE LABOR LAW, SECTION 222-a, AS AMENDED, IS NOT COMPLIED WITH, THE CONTRACT SHALL BE VOID.
GC-44. PROSECUTION OF THE WORK - EXTRA SHIFTS - OVERTIME
a) If, in the opinion of the Engineer, the Contractor's progress is not sufficient to insure completion, as specified in the Supplementary Conditions the Contractor shall take such additional steps as may be necessary to improve its progress and the Engineer may require it
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-29 to further increase the number of Workers the number of shifts, days of Work, and/or the amount of construction plant and equipment and/or, to the extent permitted by law, to institute or increase overtime operations, all without additional cost to the Authority.
b) Whenever the Contractor cannot comply with the requirements of the Engineer without the prior consent, certification or other action of any governmental body or official, the Contractor shall use its best efforts to obtain such consent, certification or other action, and to that end the Authority will cooperate with the Contractor.
c) Failure of the Contractor to comply with the requirements of the Engineer shall be grounds for determination by the Authority that the Contractor is not prosecuting the Work with such diligence as will insure completion within the time specified. Upon such determination, the Authority may proceed as stated under the Article of the AGREEMENT entitled "Interruption of Contract Performance."
GC-45. RATES OF WAGES AND SUPPLEMENTS
a) The rates of wages and supplements determined by the Commissioner of Labor as prevailing in the locality of the site at which the Work as herein specified will be performed are set forth in the section entitled "Schedule of Wages and Supplements" in the Supplementary Conditions.
b) If pursuant to the Amendment to Section 220 of the Labor Law by Chapter 752 of the laws of 1975 any re-determination of prevailing rates of wages or practices is later made by the Industrial Commissioner of the schedule of wages and supplements, any and all such re- determinations shall be annexed to and made part of this Contract. Notwithstanding discrepancies or charges in the wage rates or supplements effected by any re-determination there shall be no changes in any contract price.
c) Section 220 of the Labor Law provides, among other things, that it shall be the duty of the Commissioner of Labor to make a determination of the schedule of wages to be paid to all laborers, Workers and mechanics employed on public Work projects including supplements for welfare, pension, vacation and other benefits. These supplements include hospital, surgical or medical insurance or benefits; life insurance or death benefits; accidental death or dismemberment insurance; and pension or retirement benefits. If the amount of supplements provided by the employer is less than the total supplements shown on the wage schedule, the difference shall be paid in cash to employees.
d) Section 220 of the Labor Law also provides that the supplements to be provided to laborers, Workers and mechanics upon public Work "…shall be in accordance with the prevailing practices in the locality...". The amount for supplements listed in the schedule does not necessarily include all types of prevailing supplements in the locality, and a future determination of the Commissioner of Labor may require the Contractor to provide additional supplements.
e) The Contractor shall provide statutory benefits for disability benefits, Workers' compensation, unemployment insurance and social security.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-30 f) The job classifications set forth in the schedule and in any such re-determinations shall in no event be construed as a representation by the Authority that no other classification will be necessary in the course of the performance of the Contract; or that all such enumerated classifications will be utilized during such performance; or that such classifications are accurate; or that the offer of payment of the stipulated rates will insure an adequate labor supply for the Contractor or any of its subcontractors.
g) Following the Contractor's acceptance of the Authority's Notice of Contract Award, but prior to the commencement of its construction activities, the Contractor shall submit to the Engineer, for review and approval, the Contractor's proposed format of payroll reporting demonstrating its compliance with General Conditions paragraphs entitled, "Reports," "Prosecution of the Work-Extra Shifts-Overtime" and "Rates of Wages and Supplements." The Contractor's payroll records shall indicate, but not be limited to, the following:
1) Each employee's full name, home address, home phone number, badge number, social security number, local union classification, and the applicable payroll reporting period.
2) Hours Worked by each employee during the reporting period, and the wage rate paid for straight time and premium time hours Worked.
3) Gross amount paid that employee, during the applicable reporting period, only for Work performed under this Contract.
4) All deductions from each employee's gross amount earned for Federal and State income taxes withheld, F.I.C.A. (social security tax) withheld, mandated deductions for Workers' Compensation and Disability insurance, and all deductions permitted by the employee in accordance with any applicable local union agreement.
5) All amounts contributed by the employer to the various funds administered by the local unions, in accordance with the current local union agreements, for the employees' benefit as a result of the hours Worked or amounts earned by each employee.
6) All amounts required by Federal or State law to be paid by the employer, such as the employer's contributions for F.I.C.A., Federal and State unemployment insurance, and Workers' Compensation, as a result of the hours Worked or amounts earned by each employee.
7) All such payroll records shall be preserved for five (5) years from the date of completion of this Contract.
h) The Contractor and all subcontractors shall submit to the Authority, 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 filing of the payrolls by the Contractor, with the Authority, as required by Labor Law Section 220, is a condition precedent to payment of any sums due and owing the Contractor for the work.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-31 GC-46. WORKERS' COMPENSATION LAW
The Contractor specifically agrees, as required by the New York State Finance Law, Section 142, that:
a) It will secure Workers' Compensation for the benefit of, and keep insured during the Contract period, such employees as are required to be insured by the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workers' Compensation Law. Such benefits must be posted in a conspicuous place.
b) The Contract shall be void and of no effect unless the Contractor complies with this section.
GC-47. PAYMENT OF TAXES
a) Except as provided in the following subparagraphs of this paragraph, the Contractor shall pay all applicable New York and local sales and compensating use taxes on sales to, or use by, the Contractor of tangible personal property and services employed by the Contractor in the performance of the Contract. The Contractor shall include all costs in connection therewith in the applicable lump sums, unit prices or other payment terms bid in the schedule. The Authority will not reimburse the Contractor for such taxes paid.
b) Under the provisions of the New York State Sales and Compensating Use Tax Act, the Authority is an organization exempt from the payment of such state and municipal taxes on sales to the Authority of tangible property or services. The Authority is not required to furnish exemption certificates, and the Authority's Contract may be accepted in lieu of an exemption certificate with the Contractor's copy as proof that the sales are exempt.
c) Pursuant to New York State Tax Law Sections 1115(a); 1116(a) and 1210 (a)(1), receipts from tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of the Authority or adding to, altering or improving real property, property or land of the Authority, as the terms real property, property or land are defined in the Real Property Tax Law, are exempt from the tax on retail sales imposed under Section 1105 of the Tax Law and the compensating use tax imposed under Section 1110 of the Tax Law and corresponding City and County sales and use taxes; provided, however, such tangible personal property is to become an integral component of such structure, building or real property.
d) Pursuant to Paragraph 12 of subdivision (a) of Section 1115 of the New York State Tax Law and Section 1210(a)(1), receipts from machinery or equipment for use or consumption, directly and predominantly in the production of tangible personal property, electricity or steam for sales by manufacturing, processing, generating or assembling (but not including parts with a useful life of one year or less or tools or supplies used in connection with such machinery, equipment or apparatus) are exempt from the tax on retail sales imposed under Section 1105 of the Tax Law, and the Compensating Use
Tax imposed under Section 1110 of the Tax Law, and imposed by any county (except one wholly within a city) or city of less than one million.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-32 e) If the Contractor is billed for any New York State or local sales or compensating use tax with respect to such machinery or equipment or with respect to such tangible personal property for use in erecting such structure or building and which is to become an integral component part of such structure, building or real property, it shall pay such tax under protest, preserving its rights to a refund, and shall notify the Authority of any such payment within 15 days of making it. The Authority will assist the Contractor in obtaining a refund of any such tax. If any such tax is finally determined to be payable by the highest authority from which the Authority elects to seek a determination as to the legal necessity of such payment, the Authority will reimburse Contractor for the amount paid, including any penalty or interest.
If requested by the Contractor, the Authority will reimburse the Contractor prior to such final determination for any such tax paid under protest upon assignment by the Contractor to Authority of all the Contractor's rights.
f) The Contractor will not be paid as to any item of tax on the sale or use of tangible personal property which became an integral component part of such structure, building or real property unless it furnishes evidence that any such tax paid thereon was paid under protest.
GC-48. ARTIFACTS
The Contractor shall comply with Section 233 of the Education Law of the State of New York as it applies to the discovery of artifacts on or under lands owned by the State of New York. No person shall appropriate, excavate, injure or destroy any object of archaeological, cultural or paleontological interest, situated on or under lands owned by the State of New York, without the written permission of the Commissioner of Education. A violation of this provision shall constitute a misdemeanor. The discovery of such objects shall be forthwith reported to the Construction Manager.
GC-49. STEEL COMPONENTS
If the value of this Contract exceeds $100,000.00 all structural steel, reinforcing steel or other major steel items furnished by the Contractor and incorporated into the Work must be produced or made in whole or substantial part in the United States or its territories or possessions, unless otherwise waived by the Authority. Contractor's attention is directed to the INFORMATION FOR BIDDERS paragraph entitled, "Steel Components."
GC-50. TOXIC/HAZARDOUS - MATERIALS
a) Asbestos
1) As required by the New York State Labor Law, the Contractor shall post in a prominent place a sign informing Workers of their right to know about toxic substances found in their Workplace.
2) In every instance possible, the Contractor shall use asbestos-free materials for incorporation into any structure or which will be used in performing any feature of the Work required by this Contract.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-33 3) All asbestos related Work performed by the Contractor shall be in accordance with all Federal, State, and Local requirements including, but not limited to, those promulgated by the Department of Labor, Division of Occupational Safety & Health, and the New York State Department of Labor. Training of asbestos Workers shall also meet the requirements specified by the New York Department of Health. All costs associated with meeting these requirements shall be included in the contract price.
b) Prohibition on Use of Hazardous Material
The Contractor shall not use or bring on the site any asbestos or any other materials listed as hazardous, toxic or dangerous or of restricted use, as classified or defined by any federal or New York State Law, regulation or agency policy, without prior written approval from the Authority or its designee.
c) Material Safety Data
If any materials the Contractor brings onto the site, or uses there, is listed as hazardous by any New York or United States governmental regulation, the Contractor shall provide the Authority's designee relevant Material Safety Data Sheets (MSDS) prior to bringing the materials onto the site.
GC-51. INVOICING INSTRUCTIONS/ELECTRONIC PAYMENT
a) The provisions of this paragraph shall apply unless modified by the Supplementary Conditions.
b) Email is now the preferred method for invoice submittal. All invoices can be sent via email as a PDF attachment to [email protected] The email “subject” and file name must contain the vendor name and PO number (e.g.: ABC Construction, 4500123456).
c) In accordance with New York State goals to reduce paper, Contractor payments under this Contract will be provided electronically.
d) Invoices for compensation shall be submitted monthly for Services (Work) actually performed.
e) Invoices shall be payable by the Authority in accordance with the provisions of General Conditions Paragraph entitled “Prompt Payment Policy.” Invoices shall be subject to post- audit by the Authority and adjustment, if necessary. Such adjustment shall be applied against the invoices next received after the amount of the adjustment has been determined. Where time charges are a basis for compensation, no payment will be made by the Authority for time charges which cannot be supported by applicable time card information and/or other records relating to the actual time Contractor’s personnel were engaged in providing the Services (Work). Invoices for reimbursable costs, if any, are required to be paid hereunder, shall be supported by relevant documentation.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-34 f) Payment for invoices submitted shall be rendered electronically unless payment by paper check is expressly authorized by the Authority upon documentation by the Contractor that acceptance of electronic payment from the Authority is not possible.
g) In order to be paid electronically, the Contractor is requested to provide on company letterhead, a responsible parties contact information, signed by a financial official within ten (10) days of execution of this Contract, Automated Clearing House (ACH) Bank Instructions, which must include the following:
Bank Name Bank ABA No. Bank Account No:
h) In order to provide payment information, the following Accounts Receivable information is also requested:
Contact person’s name Phone number E-mail Fax number
GC-52. PROMPT PAYMENT POLICY
a) General
1) This statement is intended to establish rules and regulations as required under Section 2880 of the Public Authorities Law describing the policy of the Power Authority of the State of New York (the "Authority") to promptly pay all proper invoices submitted by any Contractor. Subject to the conditions and exceptions set forth in Section 2880 and herein, in the event any proper invoice is not paid promptly, the Authority shall be liable for the payment of interest on late payments. This policy shall apply to all Contracts entered into on or after April 30, 1988.
b) Definitions
1) "Contract" means an enforceable agreement entered into between the Authority and a Contractor.
2) "Contractor" means any person, partnership, private corporation or association: a) selling materials, equipment or supplies or leasing property or equipment to the Authority; b) constructing, reconstructing, rehabilitating or repairing buildings, highways or other improvements for or on behalf of the Authority; or c) rendering or providing services to the Authority pursuant to a Contract.
3) "Designated Payment Office" means the office designated by the Authority to which a proper invoice is to be submitted by a Contractor.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-35 4) "Proper Invoice" means a written request for a Contract Payment that is submitted by a Contractor to the Authority's designated payment office setting forth the description, price and quantity of goods, property or services delivered or rendered in accordance with the terms of the Contract, in such form and supported by such other substantiating documentation as the Authority may reasonably require.
5) "Receipt of an Invoice" and "Invoice Received Date" mean (a) the later of the date on which a proper invoice is actually received in the designated payment office, or (b) the date on which the Authority receives the purchased goods, property or services covered by a proper invoice, which with regard to final payments on construction contracts, shall mean the date on which all the Contract Work has been accepted as completed by the Authority in accordance with the Contract terms.
6) "Set-Off" means the reduction by the Authority of a payment due a Contractor by an amount equal to the amount of an unpaid legally enforceable debt owed by the Contractor to the Authority.
c) Responsibility for Prompt Payment
1) The Authority's Controller shall have the responsibility for the implementation of the Prompt Payment Policy and the prompt payment of all proper invoices under the general guidance and supervision of the Executive Vice President and Chief Financial Officer.
d) Prompt Payment Procedure
1) A Contractor shall request payment under a Contract by submitting a proper invoice to the Authority at its designated payment office at the time and in the manner specified in the Contract.
2) The Authority shall have fifteen (15) calendar days after receipt of an invoice at its designated payment office to notify the Contractor of certain facts and conditions, including but not limited to those listed below, which in the opinion of the Authority's Controller justify extension of the statutory payment period:
i) there is a defect in the delivered goods, property or services;
ii) there is a defect in the invoice;
iii) there are suspected defects or improprieties of any kind the existence of which prevent the commencement of the statutory payment period;
iv) prior to payment, a statutory or contractual provision requires an inspection period or an audit to determine the resources applied or used by the Contractor in fulfilling the contract terms;
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-36 v) a proper invoice must be examined by the federal government prior to payment;
vi) the Authority is prevented from making payment by reason of the filing of a lien, attachment, other legal process of requirement of law.
Any time taken to satisfy or rectify any such facts or conditions shall extend the date by which contract payment must be made in order for the Authority not to become liable for interest payments by an equal period of time.
3) Should the Authority fail to notify a Contractor of such facts and conditions within fifteen calendar days of the invoice received date, the number of days allowed for payment of the corrected proper invoice will be reduced by the number of days between the fifteenth day and the day that notification was transmitted to the Contractor. Should the Authority, in such situations, fail to provide reasonable grounds for its contention that a fact or condition justifying a time extension exists, the date by which contract payment must be made in order for the Authority not to become liable for interest payment shall be calculated from the invoice received date.
4) The Authority shall make payment within forty-five (45) calendar days after an invoice received date. Effective July 1, 1989, the Authority shall make payment within thirty (30) calendar days, excluding legal holidays, after an invoice received date occurring after that date.
e) Interest Payments
1) Except for the payments described in subparagraph (f), every payment by the Authority to a Contractor pursuant to a Contract is eligible for interest should the Authority fail to make such payment within forty-five (45) days after the invoice received date (thirty (30) days on or after July 1, 1989), under the following conditions:
i) The Authority shall not be liable for interest on any retention amounts withheld by the Authority in accordance with the terms of the Contract.
ii) Only interest amounting to $10 or more shall be paid by the Authority.
iii) Interest shall be computed at the rate set by the State tax commission for corporate taxes pursuant to paragraph one of subsection (e) of section 1096 of the tax law.
iv) The Authority has available funds in its custody to pay all interest penalties.
f) Exceptions
1) Payments are not eligible for interest when they are due and owing by the Authority:
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-37 i) under the eminent domain procedure law;
ii) as interest allowed on a judgement by a court pursuant to any provision of law other than section 2880 of the Public Authorities Law;
iii) to the federal government; to any state agency or its instrumentalities; to any duly constituted unit of local government including but not limited to, counties, cities, towns, villages, school districts, or any of their related instrumentalities; to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity;
iv) in situations where the Authority exercises a legally authorized set-off against all or part of the payment due the Contractor.
GC-53. SAFETY REQUIREMENTS AND PERFORMANCE DATA
a) All contractors supplying their personnel, or sub-contracted personnel, to Authority facilities, are responsible for reporting any injuries or illnesses arising at these facilities to the Authority within 24 hours.
b) Each employer who is subject to the record keeping requirements of the Occupational Safety and Health Act (OSHA) 1970 must maintain a log of all recordable occupational injuries and illnesses. OSHA form "OSHA No. 300" may be used to log and summarize occupational injuries and illnesses.
c) On a monthly basis, each contractor shall submit a copy of their OSHA No. 300 log (or if accepted by the Authority a substitute report) to the Authority's facility safety representative or designee, as follows:
WPO - Vice President of Environmental Health and Safety NIA. - Safety, Health & Fire Protection Administrator CLARK - Safety, Health & Fire Protection Administrator BG - Environmental Health and Safety Scientist ST.L/FDR - Safety, Health & Fire Protection Administrator POL. - Environmental & Safety Engineer FLYNN - Maintenance Superintendent IN-CITY - Environmental & Safety Engineer 500 MW - Environmental & Safety Engineer
(Note to Contractor: submit your OSHA No. 300 log only to the safety representative at the facility where the contract work is being performed. Do not submit your log to all of the above listed representatives)
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-38 d) To prevent personal injury or damage to property, all tests, rentals or other equipment of any kind, furnished by the Contractor or vendor must be in good working order and condition; properly tested, grounded, fit or otherwise suitable for its intended purpose or use; and free of defect. Proof of inspection and maintenance is required.
e) In addition to the above, all Contractors supplying their personnel, or sub-contracted personnel, to Authority facilities, are responsible for reporting on a monthly basis the number(s) of personnel working at the facility, and person-hours worked by each.
f) In addition, all Contractors supplying their personnel or sub-contracted personnel shall ensure that those personnel have the training and certifications that are required by industry standard, state and federal law, and provide documentation of training and certifications when requested.
GC-54. NYPA CONSTRUCTION PERMIT REQUIREMENTS
In accordance with Part 448, Title 19 of the Codes Rules and Regulations of the State of New York (Title 19 NYCRR), the New York Power Authority (NYPA) has been designated a construction permitting agency. As such, NYPA's Code Compliance Manager shall be responsible for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code for work performed at NYPA owned facilities or properties. NYPA shall have sole jurisdiction for the issuance of construction permits for such work as well as for design reviews, inspections, witness of testing and issuance of code compliance certificates relative to such permits. All design and construction work shall comply with the New York State Uniform Fire Prevention and Building Code.
Any firm performing construction or construction management work for projects at any NYPA facility shall be responsible to comply with the following requirements as part of the Authority's construction permitting process:
a) No construction work which is deemed to require a NYPA construction permit shall be started without the issuance of such permit. In specific instances, the Authority's Code Compliance Manager may authorize certain preparatory work to be performed prior to issuance of the construction permit.
b) The construction permit and the associated "permit conditions" shall be posted in a conspicuous location at the job site. The permit shall be protected from weather exposure or damage.
c) The Contractor/Construction Manager shall be cognizant of the "permit conditions" regarding required inspections, witness of testing of systems/equipment, and submittal of documents verifying system or equipment acceptability (test reports, drawings, manufacturers technical information, etc.).
d) Notification for required inspections and test witness points as identified in the permit conditions shall be provided to the Authority's Code Compliance Manager at least three (3)
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-39 working days prior to the requested date of inspection. No work requiring inspection or witness of testing shall progress or be concealed without witness or waiver by the Authority's Code Compliance Manager. Any delays to the work caused by failure by the Contractor to provide prior notice for required inspections shall be the responsibility of the Contractor and shall not be compensated by the Authority.
e) If the Contractor fails to notify the Authority's Code Compliance Manager of an inspection or testing activity required by the construction permit and proceeds with the work, the Contractor may be directed to stop all affected work. At such time, the Contractor shall provide any necessary access for required inspections (including demolition of installed work) and shall perform (or repeat) any required testing in the presence of the Authority's Code Compliance Manager. Any additional costs or delays to the work for such instances shall be the Contractor's responsibility and shall not be compensated by NYPA.
f) The Contractor shall install all work in accordance with the drawings listed as part of the construction permit. Any revisions to the drawings must be submitted to NYPA's Code Compliance Manager for review prior to proceeding with the affected installation work.
g) The Contractor/Construction Manager shall provide a construction schedule updated monthly (or sooner if necessary) which depicts code compliance inspection and witness points and submittals of required documents.
h) In the event that during an inspection, the Code Compliance Manager observes work, completed or in progress, which violates the conditions of the construction permit or the NYS Uniform Code, a "Stop Work Notice" will be issued to stop all affected work. The "Notice" will not be rescinded until the violation has been corrected by the Contractor and re-inspected and accepted by the Authority's Code Compliance Manager.
i) The Contractor/Construction Manager shall sign and seal the Authority's "Construction Compliance Certification" form to verify that the final construction complies with the design documents and the New York State Uniform Fire Prevention and Building Code.
j) No building, structure or system for which a NYPA Construction Permit was issued, shall be occupied or placed into service until a "Code Compliance Certificate" has been issued by the Authority's Code Compliance Manager.
GC-55. OTHER APPLICABLE LAWS AND REGULATIONS
The Contractor shall comply with all applicable laws, rules and regulations of such governments and governmental agencies as have jurisdiction with respect to its business and the Work to be performed under this Contract. Violation of such rules or regulations, or conditions or practices prescribed thereby, occurring in the performance of the Work hereunder by the Contractor shall not relieve the Contractor of any of its obligations set forth herein, and any penalties or expense resulting therefrom shall be the responsibility of the Contractor and not of the Authority.
Construction Contract General Conditions - 3400 July 2015 Update Inquiry No. Q16-6022MS GC-40 SUPPLEMENTARY CONDITIONS
SC-01 PLANS/DRAWINGS
a) The following Plans/Drawings accompany and form a part of the Contract Documents:
Drawing Number Rev. No. Drawing Title 2473379 1711031 FY-01 0 Shoreline Rehabilitation Plan, Sections and Details 2473379 G-621-D 0 Unit No. 6 Circulating Water System Intake Structure Service Platform 2473379 G-625A 0 Screenwell Intake Deck Rehabilitation Plan, Sections and Details
b) The Contract Plans/Drawings show the Work to be done under the Specifications as definitively and in as much detail as is possible at the present stage of the development of the design. The above Plans/Drawings will not be used for construction but will be reissued with any necessary revisions and will be supplemented or superseded by such additional general and detail Plans/Drawings prepared by the Engineer, as may be necessary, or desirable, as the Work progresses. The Contractor shall do no field work without proper Plans/Drawings marked, "Issued for Construction," or without written instructions from the Engineer. The revised Plans/Drawings and additional general and detail Plans/Drawings furnished by the Engineer will show dimensions and details necessary for construction purposes more completely than are shown on the attached Plans/Drawings for all features of the Work.
The Plans/Drawings, in general, are made to scale, but all working dimensions shall be taken from figured dimensions from the Plans/Drawings or by actual measurement of the Work and in no case by scaling from the Plans/Drawings except for right-of-way preparation operations. The EM&CP drawings (plan and profile) are made to scale and may be used to measure clearing and/or chemical treatment limits, either by scale or by planimetric measurement.
c) The Contractor shall check all Plans/Drawings carefully and advise the Authority of any errors or omissions discovered. The Contractor shall not perform any Work in accordance with such errors or omissions, since full instructions will be furnished by the Authority upon bringing the errors or omissions to the Authority attention.
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-1 d) Plans/Drawings are the property of the Power Authority of the State of New York and shall not be used for any purpose other than that contemplated by the Contract Documents.
SC-02 EXAMINATION OF DOCUMENTS AND SITE
There are no modifications to Article 4 (The Provisions of this Paragraph modify AGREEMENT Article 4, Page A-2.)
ADD the following:
a) Subsurface and Other Data:
1) Soil Data: Refer to existing subgrade data.
2) Topography: Drawings indicating elevations, dimensions and/or cross sections, profiles and contour lines of existing ground are included.
b) Subsurface Investigation:
1) The Authority does not represent that the boring logs indicate the conditions that will be encountered in performing the Work; the Authority represents only that the logs indicate the underlying materials encountered at the particular location of the boring. The Contractor shall assume all risk and responsibility for any deductions and conclusions which may be made as to the nature of the materials to be excavated, the difficulties of making and maintaining the required excavation, and of doing other work affected by the geology at the site of the Work.
2) The Contractor is cautioned that the Authority disclaims responsibility for any opinions, conclusions, interpretations, or deductions that may be expressed or implied in any of the subsurface soil information presented or made available to Bidders. It is expressly understood that the making of deductions, interpretations, and conclusions from all the accessible factual information is solely the Contractor's responsibility.
c) Contractor will be permitted to make its own investigations of soils and topography, but such investigations shall be at no cost to the Authority or the Engineer.
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-2 SC-03 CONTRACT ADMINISTRATION
(The provisions of this paragraph supplement Information for Bidders, Paragraph 11, Page IB-10 and Agreement Article 5, Page A-3.)
a) All contract correspondence and other date in connection herewith shall reference:
SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS PROJECT
Contract Number: TBA
b) During the bidding stage for this Contract, all bid packages including drawings will be handled by the whose address is below:
New York Power Authority 123 Main Street White Plains, NY 10601 Attention: Margarita Soto Sr. Procurement Specialist
c) After award, the Contract will be administered by the Engineer, and all correspondence and other data in connection herewith shall be directed to the Engineer.
New York Power Authority 123 Main Street New York, NY 10601
Attention: Steven Pazdro, Project Engineer
Copies of all correspondence with all attachments shall be directed to:
New York Power Authority 123 Main Street White Plains, NY 10601 Attention: Margarita Soto Sr. Procurement Specialist
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-3 SC-04 COMMENCEMENT, PROSECUTION AND COMPLETION
(The provisions of this paragraph supplement AGREEMENT, Article 6, Page A-3.)
a) Schedules for the Work - The Contractor shall prosecute the Work with diligence to fully complete the Work in accordance with the Contract Documents and the following schedules:
Award by: 04/15/2016 Mobilize by: 05/01/2016 Commence Work by: 05/01/2016 Complete all Work by: 10/01/2016
As-Built Drawing Review: 11/01/2016
b) The Work shall be commenced within 10 days after Notice of Award of Contract or other date specified in writing by the Authority.
SC-05 LIQUIDATED DAMAGES
(The provisions of this paragraph modify AGREEMENT Article 7, Page A-3.)
ADD the following:
d) If the Contractor shall fail to complete the Work, or any part thereof, within the time(s) required for such completion in the paragraph hereof entitled "Commencement, Prosecution and Completion", or within the time(s) to which such performance and completion may have been extended, the Contractor shall pay to the Authority, as liquidated damages and not as a penalty, the sum of $1,000.00 dollars for each and every calendar day that the time consumed in completing the performance of the Work exceeds the time specified therefor or any extensions thereof.
e) As required by law, if the Contractor shall fail to comply with the requirements of Appendix C entitled “Minority and Women-Owned Business (M/WBE) Participation Goal Requirement”, or any part thereof, the Contractor shall pay the Authority, as liquidated damages and not as a penalty, the dollar amount equal to the difference between:
1. All sums identified for payment to M/WBEs had the Contractor achieved the contractual M/WBE goals; and
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-4 2. All sums actually paid to M/WBEs for work performed or materials supplied under the Contract, or as specified under the terms of the Authority’s Contract Documents as may be further adjusted due to issuance of Change Orders”.
In no case shall the total amount of such liquidated damages be greater than the projected M/WBE goals established for the Contract.
IT IS UNDERSTOOD AND AGREED THESE M/WBE LIQUIDATED DAMAGES ARE REQUIRED BY LAW AND THEREFORE ARE NON- NEGOTIABLE.
SC-06 DEFINITIONS
(The provision of this paragraph modify GENERAL CONDITIONS paragraph GC-01, Page GC-1.)
ENGINEER (sometimes also referred to as "Consulting Engineers") means the same as the Authority
PROJECT is defined as SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS
DESTINATION/JOBSITE is defined as CHARLES POLETTI POWER PROJECT
SC-07 PARTIAL PAYMENTS
(The provisions of this paragraph modify AGREEMENT Article 15, Page A-20.) ADD subparagraph f) as follows:
f) The Contractor shall submit invoices in triplicate utilizing a Partial Estimate form (furnished by the Authority after award of Contract) which reflects the Work Item breakdown provided by the Engineer. All such submittals shall be made in reproducible form, signed and certified as correct, to the following:
New York Power Authority P.O. Box 437 White Plains, NY 10602-437
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-5 Attention: Accounts Payable
With a copy to:
SC-08 INVOICING INSTRUCTIONS/ELECTRONIC PAYMENT
(The provisions of this paragraph modify GENERAL CONDITIONS Paragraphs GC-51, and Paragraph GC-52, Pages GC-34 & GC-35.)
h) Referencing General Conditions Paragraphs GC-51 g, h, and i), Contactor shall send the written requested information directly to the attention of:
NYPA Procurement Rep.: Margarita Soto Email: [email protected] Fax: (914) 681-6783
Note: It is very important to provide NYPA the ACH Bank Instructions, not Wire Transfer Bank Instructions).
i) Referencing General Conditions Paragraph GC-51 b), the Authority's "Designated Payment Office" under this Contract shall be:
New York Power Authority P. O. Box 437 White Plains, NY 10602-0437 Attn: Accounts Payable
All invoices shall reference Agreement No.: *
* To be determined
Contractor attention is directed to General Conditions Paragraph GC-51 c.
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-6 j) A "Proper Invoice" under this Contract shall include the following:
The Purchase Order (PO) number. PO numbers start with “4500” and are followed by six additional digits (i.e., 4500123456). Each invoice line item that corresponds to the specific PO line item number in the Contract Document. Written in English, clear, legible and in U.S. currency. Any and all required additional supporting documentation. Copy of the freight invoice in accordance with the freight terms of the contract, if applicable. "One that has been submitted to the Engineer and/or Construction Manager for verification and sign off prior to submittal to the "Designated Payment Office" for payment".
“One that is accompanied with a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury.”
All the requirements of General Conditions Paragraph GC-51
k) The Authority shall have no liability to the Contractor under Section 2880 of the Public Authorities Law in the event the Contractor shall fail to provide a Proper Invoice to the Authority's Designated Payment Office.
SC-09 TRAVEL REIMBURSEMENT REQUIREMENTS
Subject to NYPA’s prior approval, if Contract is on a gross lump sum basis and requires Contractor to travel on NYPA business, and such travel is not included in the gross lump sum contract amount, NYPA will reimburse the Contractor for the actual and reasonable costs of necessary travel and lodging.
The Contractor is required to utilize NYPA’s Travel Desk in order to be reimbursed for business travel expenses. The Contractor shall contact the NYPA’s Travel Desk at [email protected] or at 914-287-3191 to arrange for travel. When arranging for travel, the Contractor will be requested to provide the traveler’s profile which includes company name, passenger name and contact information along with the contract number and the name and approval of the NYPA’s contact person. This Profile is available to be downloaded on the nypa.gov website at http://www.nypa.gov/doingbusiness/procurement/contractorprofile/default.htm . The NYPA Travel Itinerary issued to the Contractor upon acknowledgment of travel arrangements, must be included with each invoice for travel expenses in order for the Contractor to be reimbursed.
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-7 NYPA’s Travel Desk will arrange air, hotel and ground transportation services such as car rental services. For cost reimbursable contracts issued by the Authority’s WPO office, in the event NYPA’s Travel Desk is not used, the Contractor shall bear any additional costs above government rate as referenced on the GSA web site: http://www.gsa.gov/portal/category/21287.
The Contractor shall promptly advise NYPA’s Travel Desk of any cancellations or changes in travel arrangements. Contractor will not be reimbursed for any avoidable cancellation/change charges, such as penalties on airfares and “no-show” charges for hotels and cars.
Air and train travel will be reimbursed based upon normal coach fare by the most direct route to and from the destination. Ground transportation such as rental cars will be reimbursed based upon an intermediate sized vehicle or smaller. Any rental car upgrade will not be reimbursed and will be deducted from the Contractor’s travel expense invoice. Travel by private automobile will be reimbursed at then current rate established by the IRS for mileage reimbursement plus tolls and reasonable parking fees.
MEAL ALLOWANCES:
$55/day for Upstate New York (Albany, BG, CEC, Niagara, and STL)
$70/day for downstate New York (White Plains and southeastern New York State). No meal receipts are required to be submitted within the above thresholds.
SC-10 METHOD OF MEASUREMENT
1) There are no modifications to GENERAL CONDITIONS GC-32 on Page GC-27.
SC-11 PAYMENT
Excepting any specific provisions to the contrary, no separate or direct payment will be made by reason of the requirements of the Supplementary Conditions, and costs in connection therewith shall be considered included in the various Contract Lump Sum, Unit Price, and other payment terms in the Contract Documents. No separate or direct payment will be made to the Contractor for furnishing all plant, equipment, materials, supervision, labor and services required to comply with the provisions of the General Requirements, Supplementary Conditions, Standard Specifications,
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-8 Specifications, etc., and the cost involved in connection therewith and incidental thereto, shall be distributed and/or included in the various Contract Items listed in the Schedule of the Itemized Proposal.
SC-12 REPORTS
(The provisions of this paragraph modify GENERAL CONDITIONS Paragraph GC-29, Page GC-20.)
ADD the following:
Requirements for reports shall be supplemented by Section under Division of the Specification.
SC-13 INSURANCE
(The provisions of this paragraph modify GENERAL CONDITIONS Paragraph GC-36, Pages GC-23 through GC-25.)
DELETE Paragraph GC-36 b), ii) 2), in its ENTIRETY and SUBSTITUTE the following in lieu thereof:
1. “The Authority and the State of New York, must be named and scheduled as additional insureds to the Contractor’s policy and, if applicable, each subcontractor’s policy, including cross-liability coverage evidenced on the certificate(s) furnished to the Authority. The policy must contain an endorsement stating that the insurer will have no right of recovery or subrogation against the Authority and the State of New York. The Contractor must submit evidence satisfactory to the Authority of its compliance with this requirement. It is the intent of the parties that the insurance placed in accordance with the provisions of this paragraph will be primary insurance and will protect the Contractor, the Authority and the State of New York, for all losses arising from all operations, activities, work, services, items or performance relating to the Contract.”
SC-14 SCHEDULE OF WAGES AND SUPPLEMENTS
(The provisions of this paragraph modify GENERAL CONDITIONS Paragraph GC-45, Page GC-30.)
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-9 Attached are the rates of wages and supplements determined by the Industrial Commissioner as prevailing in the locality of the site of the Work for this Contract as referred to by the State of New York Department of Labor, Case No. PRC 2016001041, dated 01/02/2016.
SC-15 HOUSEKEEPING
The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by its operations. Good housekeeping practices shall be maintained on a continuous basis from Work site to Work site.
SC-16 PRE-CONSTRUCTION MEETING
A pre-construction meeting will be schedule approximately ten (10) days after Award of Contract.
SC-17 PROGRESS MEETINGS
Schedule, location and time of regular meetings will be agreed upon at the pre-construction meeting. Meetings will be held generally every two weeks or more frequently as the Work requires.
Construction Contract Supplementary Conditions - 3500 July 2015 Update Inquiry No. Q16-6022MS SC-10 BID BOND
1. Know all men by these presents, that we
of
of
of
of
(hereinafter called the "Principal") and of
(hereinafter called the "Surety") are held and firmly bound to the Power Authority of the State of New York (hereinafter called the "Authority") in the full and just sum of
Dollars ($ ) good and lawful money of the United States of America, to the payment of which sum of money, well and truly to be made and done, the principal binds himself, his heirs, executors, administrators or assigns and the said surety binds itself, its successors or assigns, jointly and severally, firmly by these presents.
2. Signed, sealed and dated this day of 20 .
3. Whereas, the principal has submitted the accompanying proposal, herein referred to as the bid, bearing date on the day of 20 to the authority for
Now, therefore, the condition of this obligation is such that, if the principal shall not withdraw the bid within the period specified therein after the opening of the same, or, if no period be specified, within one hundred twenty (120) days after the opening, and shall within the period specified therefor, or, if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, execute such further contractual documents, if any, as may be required by the terms of the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of the resulting contract, and for the protection of all persons supplying labor and material in the prosecution of the work provided for in such contract, or in the event of the withdrawal of the bid within the period specified, or the failure to enter into such contract and give such bonds within the time specified, if the principal shall pay the Authority the difference between the amount specified in the bid and the amount for which the Authority procures that required work, supplies, and services, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Principal By Its (If corporation add seal and attestation) Attest: Secretary
Surety By Its Add corporate seal Attest:
B-2 (ACKNOWLEDGMENT BY PRINCIPAL, IF A CORPORATION) State of } 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 he resides at that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of the corporation; that one of the seals affixed to the instrument is such seal; that it was so affixed by order of the Board of Directors of the corporation; and that he signed his name thereto by like order.
Signature of Notary Public or Commissioner of Deeds
(Notary's seal to be attached)
(ACKNOWLEDGMENT BY PRINCIPAL, IF A PARTNERSHIP)
State of } ss.: County of
On this day of 20 , before me personally came , to me known and known to me to be one of the members of the partnership of described in and who executed the foregoing instrument and he acknowledged to me that he executed the same as and for the act and deed of the partnership.
Notary Public or Commissioner of Deeds (Notary's seal to be attached)
(ACKNOWLEDGMENT BY PRINCIPAL, IF AN INDIVIDUAL)
State of } ss.: County of
On this day of 20 , before me personally appeared , to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same.
Notary Public or Commissioner of Deeds (Notary's seal to be attached)
(ACKNOWLEDGMENT BY SURETY COMPANY)
State of } 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 resides in that he is the of the , the corporation described in and which executed the foregoing instrument; that he knows the seal of the corporation; that one of the seals affixed to the instrument is such corporate seal; that it was affixed by order of the Board of Directors of the corporation; and that he signed his name thereto by like order.
Notary Public or Commissioner of Deeds (Notary's seal to be attached)
(The Surety Company must append statement of its financial condition, a certified copy of the resolution authorizing the execution of Bonds by Officers of the Company and/or others and proof of the authority of the individual executing this bond on behalf of the Surety so to do.)
B-3 ACKNOWLEDGMENT OF THE AUTHORITY
State of New York } ss.: County of
On this day of , in the year of 20 , before me personally came , to me known, who, being by me, duly sworn, did depose and say that he resides in , and that he is the of the Power Authority Of The State Of New York. The Corporation described in and which executed the above instrument; that he knows the seal of the Power Authority Of The State Of New York aforesaid; that one of the seals affixed to the instrument is such seal, that it was so affixed by order of the Trustees of The Power Authority Of The State Of New York, and that he signed his name thereto by like order.
Notary Public (Seal)
(ACKNOWLEDGMENT BY CONTRACTOR, IF A CORPORATION)
State of New York } ss.: County of
On this day of , 20 , before me personally came to me known, who being duly sworn, did depose and say that he resides in ; that he is the of the , The Corporation described in and which executed the foregoing instrument; that he knows the seal of The Corporation; that one of the seals affixed to the instrument is such corporate seal; that it was so affixed by the order of The Board Of Directors Of The Corporation; and that he signed his name thereto by like order.
Notary Public or Commissioner of Deeds
(ACKNOWLEDGMENT BY CONTRACTOR, IF A PARTNERSHIP)
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 who executed the above instrument; who, being duly sworn by me, did for himself depose and say that he is a member of the partnership of consisting of himself and , and that he executed the foregoing instrument in the partnership name of , and that he had authority to sign same, and he did duly acknowledge to me that he executed same as the act and deed of the partnership of for the uses and purposes mentioned therein.
Notary Public or Commissioner of Deeds
(ACKNOWLEDGMENT BY INDIVIDUAL CONTRACTOR)
State of New York } ss.: County of
One 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 foregoing instrument, and duly acknowledged that he executed the same.
Notary Public or Commissioner of Deeds
C-1 Construction Performance Bond
SURETY (name and address of principal place of business): CONTRACTOR (name and address):
OWNER (name and address):
CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location):
BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal
By: By: Signature Signature (attach power of attorney)
Print Name Print Name
Title Title
Attest: Attest: Signature Signature
Title Title
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
Page 1 of 3 1. The Contractor and Surety, jointly and severally, bind 5.4 Waive its right to perform and complete, arrange for themselves, their heirs, executors, administrators, successors, and completion, or obtain a new contractor, and with reasonable assigns to the Owner for the performance of the Construction Contract, promptness under the circumstances: which is incorporated herein by reference. 5.4.1 After investigation, determine the amount for 2. If the Contractor performs the Construction Contract, the Surety which it may be liable to the Owner and, as soon as and the Contractor shall have no obligation under this Bond, except practicable after the amount is determined, make payment to when applicable to participate in a conference as provided in the Owner; or Paragraph 3. 5.4.2 Deny liability in whole or in part and notify the 3. If there is no Owner Default under the Construction Contract, the Owner, citing the reasons for denial. Surety’s obligation under this Bond shall arise after: 6. If the Surety does not proceed as provided in Paragraph 5 with 3.1 The Owner first provides notice to the Contractor and reasonable promptness, the Surety shall be deemed to be in default on the Surety that the Owner is considering declaring a Contractor this Bond seven days after receipt of an additional written notice from Default. Such notice shall indicate whether the Owner is the Owner to the Surety demanding that the Surety perform its requesting a conference among the Owner, Contractor, and Surety obligations under this Bond, and the Owner shall be entitled to enforce to discuss the Contractor’s performance. If the Owner does not any remedy available to the Owner. If the Surety proceeds as provided request a conference, the Surety may, within five (5) business in Paragraph 5.4, and the Owner refuses the payment or the Surety has days after receipt of the Owner’s notice, request such a denied liability, in whole or in part, without further notice the Owner conference. If the Surety timely requests a conference, the Owner shall be entitled to enforce any remedy available to the Owner. shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then business days of the Surety’s receipt of the Owner’s notice. If the the responsibilities of the Surety to the Owner shall not be greater than Owner, the Contractor, and the Surety agree, the Contractor shall those of the Contractor under the Construction Contract, and the be allowed a reasonable time to perform the Construction responsibilities of the Owner to the Surety shall not be greater than Contract, but such an agreement shall not waive the Owner’s those of the Owner under the Construction Contract. Subject to the right, if any, subsequently to declare a Contractor Default; commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction 7.2 additional legal, design professional, and delay costs Contract to the Surety or to a contractor selected to perform the resulting from the Contractor’s Default, and resulting from the Construction Contract. actions or failure to act of the Surety under Paragraph 5; and
4. Failure on the part of the Owner to comply with the notice 7.3 liquidated damages, or if no liquidated damages are requirement in Paragraph 3.1 shall not constitute a failure to comply specified in the Construction Contract, actual damages caused by with a condition precedent to the Surety’s obligations, or release the delayed performance or non-performance of the Contractor. Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the 9. The Surety shall not be liable to the Owner or others for following actions: obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or 5.1 Arrange for the Contractor, with the consent of the set off on account of any such unrelated obligations. No right of Owner, to perform and complete the Construction Contract; action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related 5.3 Obtain bids or negotiated proposals from qualified subcontracts, purchase orders, and other obligations. contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, 11. Any proceeding, legal or equitable, under this Bond may be arrange for a contract to be prepared for execution by the Owner instituted in any court of competent jurisdiction in the location in and a contractor selected with the Owners concurrence, to be which the work or part of the work is located and shall be instituted secured with performance and payment bonds executed by a within two years after a declaration of Contractor Default or within qualified surety equivalent to the bonds issued on the two years after the Contractor ceased working or within two years Construction Contract, and pay to the Owner the amount of after the Surety refuses or fails to perform its obligations under this damages as described in Paragraph 7 in excess of the Balance of Bond, whichever occurs first. If the provisions of this paragraph are the Contract Price incurred by the Owner as a result of the void or prohibited by law, the minimum periods of limitations Contractor Default; or available to sureties as a defense in the jurisdiction of the suit shall be applicable. Page 2 of 3 12. Notice to the Surety, the Owner, or the Contractor shall be mailed Contract Documents and changes made to the agreement and the or delivered to the address shown on the page on which their signature Contract Documents. appears. 14.3 Contractor Default: Failure of the Contractor, which has 13. When this Bond has been furnished to comply with a statutory or not been remedied or waived, to perform or otherwise to comply other legal requirement in the location where the construction was to with a material term of the Construction Contract. be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 14.4 Owner Default: Failure of the Owner, which has not provisions conforming to such statutory or other legal requirement been remedied or waived, to pay the Contractor as required under shall be deemed incorporated herein. When so furnished, the intent is the Construction Contract or to perform and complete or comply that this Bond shall be construed as a statutory bond and not as a with the other material terms of the Construction Contract. common law bond. 14.5 Contract Documents: All the documents that comprise 14. Definitions the agreement between the Owner and Contractor.
14.1 Balance of the Contract Price: The total amount payable 15. If this Bond is issued for an agreement between a contractor and by the Owner to the Contractor under the Construction Contract subcontractor, the term Contractor in this Bond shall be deemed to be after all proper adjustments have been made including allowance Subcontractor and the term Owner shall be deemed to be Contractor. for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages 16. Modifications to this Bond are as follows: to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all
Page 3 of 3 Construction Payment Bond
CONTRACTOR (name and address): SURETY (name and address of principal place of business):
OWNER (name and address):
CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location):
BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal
By: By: Signature Signature (attach power of attorney)
Print Name Print Name
Title Title
Attest: Attest: Signature Signature
Title Title
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
Page 1 of 3 promptly and at the Surety’s expense take the following 1. The Contractor and Surety, jointly and severally, bind actions: themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, 7.1 Send an answer to the Claimant, with a copy to the materials, and equipment furnished for use in the Owner, within sixty (60) days after receipt of the performance of the Construction Contract, which is Claim, stating the amounts that are undisputed and incorporated herein by reference, subject to the following the basis for challenging any amounts that are terms. disputed; and
2. If the Contractor promptly makes payment of all sums due 7.2 Pay or arrange for payment of any undisputed to Claimants, and defends, indemnifies, and holds harmless amounts. the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or 7.3 The Surety’s failure to discharge its obligations equipment furnished for use in the performance of the under Paragraph 7.1 or 7.2 shall not be deemed to Construction Contract, then the Surety and the Contractor constitute a waiver of defenses the Surety or shall have no obligation under this Bond. Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the 3. If there is no Owner Default under the Construction Surety and Claimant have reached agreement. If, Contract, the Surety’s obligation to the Owner under this however, the Surety fails to discharge its Bond shall arise after the Owner has promptly notified the obligations under Paragraph 7.1 or 7.2, the Surety Contractor and the Surety (at the address described in shall indemnify the Claimant for the reasonable Paragraph 13) of claims, demands, liens, or suits against the attorney’s fees the Claimant incurs thereafter to Owner or the Owner’s property by any person or entity recover any sums found to be due and owing to the seeking payment for labor, materials, or equipment Claimant. furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, 8. The Surety’s total obligation shall not exceed the amount of liens, or suits to the Contractor and the Surety. this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond 4. When the Owner has satisfied the conditions in Paragraph shall be credited for any payments made in good faith by 3, the Surety shall promptly and at the Surety’s expense the Surety. defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of 5. The Surety’s obligations to a Claimant under this Bond the Construction Contract and to satisfy claims, if any, shall arise after the following: under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, 5.1 Claimants who do not have a direct contract with they agree that all funds earned by the Contractor in the the Contractor, performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this 5.1.1 have furnished a written notice of non- Bond, subject to the Owner’s priority to use the funds for payment to the Contractor, stating with the completion of the work. substantial accuracy the amount claimed and the name of the party to whom the 10. The Surety shall not be liable to the Owner, Claimants, or materials were, or equipment was, others for obligations of the Contractor that are unrelated to furnished or supplied or for whom the the Construction Contract. The Owner shall not be liable labor was done or performed, within ninety for the payment of any costs or expenses of any Claimant (90) days after having last performed labor under this Bond, and shall have under this Bond no or last furnished materials or equipment obligation to make payments to or give notice on behalf of included in the Claim; and Claimants, or otherwise have any obligations to Claimants under this Bond. 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related 5.2 Claimants who are employed by or have a direct subcontracts, purchase orders, and other obligations. contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 12. No suit or action shall be commenced by a Claimant under 13). this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the 6. If a notice of non-payment required by Paragraph 5.1.1 is Construction Contract is located or after the expiration of given by the Owner to the Contractor, that is sufficient to one year from the date (1) on which the Claimant sent a satisfy a Claimant’s obligation to furnish a written notice of Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or non-payment under Paragraph 5.1.1. (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished 7. When a Claimant has satisfied the conditions of Paragraph by anyone under the Construction Contract, whichever of 5.1 or 5.2, whichever is applicable, the Surety shall (1) or (2) first occurs. If the provisions of this paragraph
Page 2 of 3 are void or prohibited by law, the minimum period of the work of the Contractor and the Contractor’s limitation available to sureties as a defense in the subcontractors, and all other items for which a jurisdiction of the suit shall be applicable. mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were 13. Notice and Claims to the Surety, the Owner, or the furnished. Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 16.3 Construction Contract: The agreement between Actual receipt of notice or Claims, however accomplished, the Owner and Contractor identified on the cover shall be sufficient compliance as of the date received. page, including all Contract Documents and all changes made to the agreement and the Contract 14. When this Bond has been furnished to comply with a Documents. statutory or other legal requirement in the location where the construction was to be performed, any provision in this 16.4 Owner Default: Failure of the Owner, which has Bond conflicting with said statutory or legal requirement not been remedied or waived, to pay the Contractor shall be deemed deleted herefrom and provisions as required under the Construction Contract or to conforming to such statutory or other legal requirement perform and complete or comply with the other shall be deemed incorporated herein. When so furnished, material terms of the Construction Contract. the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and 15. Upon requests by any person or entity appearing to be a Contractor. potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall 17. If this Bond is issued for an agreement between a permit a copy to be made. contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term 16. Definitions Owner shall be deemed to be Contractor.
16.1 Claim: A written statement by the Claimant 18. Modifications to this Bond are as follows: including at a minimum:
1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim.
16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of Page 3 of 3
Andrew M. Cuomo, Governor Mario J. Musolino, Acting, Commissioner
New York Power Authority Schedule Year 2015 through 2016
Margarita Soto, Sr. Procurement Specialist Date Requested 02/02/2016 123 Main Street PRC# 2016001041 White Plains NY 10601
Location Queens Project ID# Q16-6022MS Project Type TO FURNISH ALL LABOR, SUPERVISION, MATERIALS, AND EQUIPMENT (EXCEPT FOR SERVICES, MATERIALS, AND/OR EQUIPMENT TO BE FURNISHED BY OTHERS AS SPECIFICALLY REFERRED TO IN THE CONTRACT DOCUMENTS) AND 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 2015 through June 2016. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website.
It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages.
Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction.
Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website.
NOTICE OF COMPLETION / 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.state.ny.us. PW 200 [email protected] 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 "4 Day / 10 Hour Work Schedule" form (PW 30R).
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.state.ny.us.
Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.state.ny.us.
The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website www.labor.state.ny.us.
Payrolls and Payroll Records
Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Address, Last 4 Digits of Social Security Number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification.
Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall 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, by are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite.
The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor.
All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law.
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.
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)).
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.
Andrew M. Cuomo, Governor Mario J. Musolino, Acting, Commissioner
New York Power Authority Schedule Year 2015 through 2016
Margarita Soto, Sr. Procurement Specialist Date Requested 02/02/2016 123 Main Street PRC# 2016001041 White Plains NY 10601
Location Queens Project ID# Q16-6022MS Project Type TO FURNISH ALL LABOR, SUPERVISION, MATERIALS, AND EQUIPMENT (EXCEPT FOR SERVICES, MATERIALS, AND/OR EQUIPMENT TO BE FURNISHED BY OTHERS AS SPECIFICALLY REFERRED TO IN THE CONTRACT DOCUMENTS) AND 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.state.ny.us. PW 16 [email protected]
IMPORTANT NOTICE
FOR
CONTRACTORS & CONTRACTING AGENCIES
Social Security Numbers on Certified Payrolls
The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors’ concerns with regard to inclusion of this information on payrolls if another identifier will suffice.
For these reasons, the substitution of the use of the last four digits of the social security number on certified payrolls submitted to contracting agencies on public work projects is now acceptable to the Department of Labor.
NOTE: This change does not affect the Department’s ability to request and receive the entire social security number from employers during the course of its public work / prevailing wage investigations.
To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND
Budget Policy & Reporting Manual
B-610
Public Work Enforcement Fund effective date December 7, 2005
1. Purpose and Scope:
This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its relevance to State agencies and public benefit corporations engaged in construction or reconstruction contracts, 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. 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. 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.
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] . New York State Department of Labor Required Notice under Article 25-B of the Labor Law
ATTENTION ALL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: YOU ARE COVERED BY THE CONSTRUCTION INDUSTRY FAIR PLAY ACT The law says that you are an employee unless: • You are free from direction and control in performing your job AND • You 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 such as o unemployment benefits, if unemployed through no fault of your own, able to work, and otherwise qualified o workers’ compensation benefits for on-the-job injuries o payment for wages earned, minimum wage, and overtime (under certain conditions) o prevailing wages on public work projects o the provisions of the National Labor Relations Act and o a safe work environment • It is a violation of this law for employers to retaliate against anyone who asserts their rights under the law. Retaliation subjects an employer to civil penalties, a private lawsuit or both.
Independent Contractors: If you are an independent contractor: • You must pay all taxes required by New York State and Federal Law.
Penalties for paying off-the-books or improperly treating employees as independent contractors:
• Civil Penalty First Offense: up to $2,500 per employee. Subsequent Offense(s): up to $5,000 per employee.
• Criminal Penalty First Offense: Misdemeanor - up to 30 days in jail, up to a $25,000 fine and debarment from performing Public Work for up to one year. Subsequent Offense(s): Misdemeanor - up to 60 days in jail, up to a $50,000 fine and debarment from performing Public Work for up to 5 years.
If you have questions about your employment status or believe that your employer may have violated your rights and you want to file a complaint, call the Department of Labor at 1(866)435-1499 or send an email to [email protected]. All complaints of fraud and violations are taken seriously and you can remain anonymous.
Employer Name:
IA 999 (09/10)
WORKER NOTIFICATION
(Labor Law §220, paragraph a of subdivision 3-a)
Effective February 24, 2008
This provision is an addition to the existing prevailing wage rate law, Labor Law §220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from our website www.labor.state.ny.us or made available upon request by contacting the Bureau of Public Work at 518-457-5589.
* In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice.
(11.11)
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) 775-3568 White Plains (914) 997-9507 Newburgh (845) 568-5287
* 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 (10.12)
OSHA 10-hour Construction
Safety and Health Course – S1537-A
Effective July 18, 2008
This provision is an addition to the existing prevailing wage rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement.
NOTE: The OSHA 10 Legislation only applies to workers
on a public work project that are required, under Article 8, to receive the prevailing wage.
(03.12) Page 1 of 2 Where to find OSHA 10-hour Construction Course
1. NYS Department of Labor website for scheduled outreach training at: www.labor.state.ny.us/workerprotection/safetyhealth/DOSH_ONSITE_CONSULTATION.shtm
2. OSHA Training Institute Education Centers:
Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (585) 475-6292 e-mail: [email protected] (866) 385-7470 Ext. 2919 www.rit.edu/~outreach/course.php3?CourseID=54
Atlantic OSHA Training Center UMDNJ – School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 e-mail: [email protected] (732) 235-9455 https://ophp.umdnj.edu/wconnect/ShowSchedule.awp?~~GROUP~AOTCON~10~
Atlantic OSHA Training Center University at Buffalo Buffalo, New York Joe Syracuse Fax (716) 829-2806 e-mail:mailto:[email protected] (716) 829-2125 http://www.smbs.buffalo.edu/CENTERS/trc/schedule_OSHA.php
Keene State College Manchester, NH Leslie Singleton e-mail: [email protected] (800) 449-6742 www.keene.edu/courses/print/courses_osha.cfm
3. List of trainers and training schedules for OSHA outreach training at: www.OutreachTrainers.org
(03.12) Page 2 of 2 Requirements for OSHA 10 Compliance
Chapter 282 of the Laws of 2007, codified as Labor Law 220-h took effect on July 18, 2008. The statute provides as follows:
The advertised specifications for every contract for public work of $250,000.00 or more must contain a provision requiring that every worker employed in the performance of a public work contract shall be certified as having completed an OSHA 10 safety training course. The 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 518-485-5696.
Page 1 of 1
IMPORTANT INFORMATION Regarding Use of Form PW30R
“Employer Registration for Use of 4 Day / 10 Hour Work Schedule”
To use the ‘4 Day / 10 Hour Work Schedule’:
There MUST be a Dispensation of Hours (PW30) in place on the project
AND
You MUST register your intent to work 4 / 10 hour days, by
completing the PW30R Form.
REMEMBER… The ‘4 Day / 10 Hour Work Schedule’ applies ONLY to Job Classifications and
Counties listed on the PW30R Form.
Do not write in any additional Classifications or Counties.
(Please note : For each Job Classification check the individual wage
schedule for specific details regarding their 4/10 hour day posting.)
PW30R-Notice (03.11) NYSDOL Bureau of Public Work 1 of 1
Instructions for Completing Form PW30R
“Employer Registration for Use of 4 Day / 10 Hour Work Schedule”
Before completing Form PW30R check to be sure …
• There is a Dispensation of Hours in place on the project.
• The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using.
• The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place.
Instructions (Type or Print legibly):
Contractor Information:
• Enter the Legal Name of the business, FEIN, Street Address, City, State, Zip Code; the Company’s Phone and Fax numbers; and the Company’s email address (if applicable)
• Enter the Name of a Contact Person for the Company along with their Phone and Fax numbers, and the personal email address (if applicable)
Project Information: • Enter the Prevailing Rate Case number (PRC#) assigned to this project
• Enter the Project Name / Type (i.e. Smithtown CSD – Replacement of HS Roof)
• Enter the Exact Location of Project (i.e. Smithtown HS, 143 County Route #2, Smithtown,NY; Bldgs. 1 & 2)
• If you are a Subcontractor, enter the name of the Prime Contractor for which you work
• On the Checklist of Job Classifications - o Go to pages 2 and 3 of the form o Place a checkmark in the box to the right of the Job Classification you are choosing o Mark all Job Classifications that apply ***Do not write in any additional Classifications or Counties.***
Requestor Information: • Enter the name of the person submitting the registration, their title with the company , and the date the registration is filled out
Return Completed Form: • Mail the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work, SOBC – Bldg.12 – Rm.130, Albany, NY 12240 -OR - • Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518)485-1870
PW30R-Instructions (03.11) NYSDOL Bureau of Public Work 1 of 1
New York State Department of Labor Bureau of Public Work W. Averell Harriman State Office Campus Building 12 - Room 130 Albany, New York 12240 Phone - (518) 457-5589 Fax - (518) 485-1870
Employer Registration for Use of 4 Day / 10 Hour Work Schedule
Before completing Form PW30R check to be sure … There is a Dispensation of Hours in place on the project. The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place.
Please Type or Print the Requested Information
When completed … Mail to NYSDOL Bureau of Public Work, SOBC, Bldg. 12, Rm.130, Albany, NY 12240 -or- Fax to NYSDOL Bureau of Public Work at (518) 485-1870
Contractor Information
Company Name: FEIN:
Address:
City: State: Zip Code:
Phone Number Fax Number: Email Address:
Contact Person:
Phone No: Fax No: Email: Project Information
Project PRC#: Project Name/Type: Exact Location of Project: County: (If you are Subcontractor) Prime Contractor Name: Job Classification(s) to Work 4/10 Schedule: (Choose all that apply on Job Classification Checklist - Pages 2 & 3) *** Do not write in any additional Classifications or Counties*** Requestor Information
Name:
Title: Date :
PW-30R (07.14) 1 of 7 Please use the list below with the number assigned to each county as a reference to the corresponding numbers listed in the following pages under "Entire Counties" & "Partial Counties".
1. Albany County 33. Oneida County 2. Allegany County 34. Onondaga County 3. Bronx County 35. Ontario County 4. Broome County 36. Orange County 5. Cattaraugus County 37. Orleans County 6. Cayuga County 38. Oswego County 7. Chautauqua County 39. Otsego County 8. Chemung County 40. Putnam County 9. Chenango County 41. Queens County 10. Clinton County 42. Rensselaer County 11. Columbia County 43. Richmond County (Staten Island) 12. Cortland County
44. Rockland County 13. Delaware County
45. Saint Lawrence County 14. Dutchess County
15. Erie County 46. Saratoga County
16. Essex County 47. Schenectady County
17. Franklin County 48. Schoharie County
18. Fulton county 49. Schuyler County
19. Genesee County 50. Seneca County
20. Greene County 51. Steuben County
21. Hamilton County 52. Suffolk County
22. Herkimer County 53. Sullivan County
23. Jefferson County 54. Tioga County
24. Kings County (Brooklyn) 55. Tompkins County
25. Lewis County 56. Ulster County
26. Livingston County 57. Warren county
27. Madison County 58. Washington County 28. Monroe County 59. Wayne County 29. Montgomery County 60. Westchester County 30. Nassau County 61. Wyoming County 31. New York County (Manhattan) 62. Yates County 32. Niagara County
PW-30R (07.14) NYSDOL Bureau of Public Work 2 of 7 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) *** Do not write in any additional Classifications or Counties***
Check Job Classification Tag # Entire Counties Partial Counties Box Carpenter-Building 276B-All 7 2 ,5
Carpenter-Building 276B-Cat 15 5
Carpenter - Building 276-B--LIV 26, 28, 35, 59 61 Carpenter-Building 276B-Gen 19, 32, 37 61
Carpenter-Floor Layers 276B-FL-Liv 26, 28, 35, 59 61
Carpenter-Heavy&Highway 276HH-All 2, 5, 7
Carpenter-Heavy&Highway 276HH-Erie 15
Carpenter-Heavy&Highway 276HH- Gen 19, 32, 37, 61
Carpenter-Heavy&Highway 276HH-Liv 26, 28, 35, 59
Carpenter-Residential 276R-All 7 2, 5
Carpenter - Building 277B-Bro 4, 54
Carpenter - Building 277B-CAY 6, 50, 62
Carpenter - Building 277B-CS 8, 12, 49, 51, 55 2
Carpenter - Building 277 JLS 23, 25, 45
Carpenter - Building 277 omh 22, 27, 33
Carpenter - Building 277 On 34
Carpenter - Building 277 Os 38
Carpenter - Building 277CDO Bldg 9, 13, 39
Carpenter - Heavy&Highway 277CDO HH 9, 13, 39 4, 6, 8, 12, 49, 50, 51, 54, 55, 62,22, 23, 25, Carpenter - Heavy&Highway 277HH-BRO 27, 33, 34, 38, 45
Carpenter - Building 291B-Alb 1, 18, 20, 29, 42, 47, 48
Carpenter - Building 291B-Cli 10, 16, 17
Carpenter - Building 291B-Ham 21, 57, 58
Carpenter - Building 291B-Sar 46 1, 10, 16, 17,18, 20, 21, 29, 42, 46, 47, 48, Carpenter - Heavy&Highway 291HH-Alb 57, 58
Electrician 25m 30, 52
Electrician-Teledata Cable Splicer 43 12, 22, 27, 33, 38 6, 9, 34, 39, 55, 59
PW-30R (07.14) NYSDOL Bureau of Public Work 3 of 7 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) *** Do not write in any additional Classifications or Counties***
Check Job Classification Tag # Entire Counties Partial Counties Box
Electrician 86 26, 28 19, 35, 37, 59, 61 840Teledata Electrician and 840 Z1 62 6, 34, 35, 50, 59
Electrician 910 10, 16, 17, 23, 25, 45
Electrician Lineman 1049Line/Gas 30, 41, 52 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 44, 46, Electrician Lineman 1249a 47, 48, 49, 50, 45, 51, 53, 54, 55, 56, 57, 58, 59, 61, 62 Electrical Lineman 1249a West 60
1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 18, Electrical Lineman 1249a-LT 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 32, 33, 34, 35, 37, 38, 39, 42, 46, 47, 48, 49, 50, 45, 51, 53, 54, 55, 57, 58, 59, 61, 62 Electrical Lineman 1249aREG8LT11, 14, 36, 40, 44, 56
Electrical Lineman 1249aWestLT 60
Elevator Constructor 138 11, 14, 20, 36, 40, 53, 56 13, 44, 60
Elevator Constructor 14 2, 5, 7, 15, 19, 32, 37, 61
Elevator Constructor 27 8, 26, 28, 35, 49, 50, 51, 59, 62 1, 10, 16, 18, 21, 22, 29, 39, 42, 46, 47, 48, Elevator Constructor 35 57, 58
Elevator Constructor 62.1 4, 6, 9, 12, 23, 25, 27, 33, 34, 38, 45, 54, 55 13 1, 10, 11, 16, 17, 18, 20, 21, 29, 42, 46, 47, Glazier 201 48, 57, 58
Glazier 660r 2, 5, 7, 15, 19, 32, 37, 61
Glazier 660 2, 5, 7, 15, 19, 32, 37, 61
Glazier 677.1 23, 25, 26, 28, 35, 45, 50, 59, 62
Glazier 677Z-2 6, 12, 22, 27, 33, 34, 38
Glazier 677z3 4, 8, 9, 13, 39, 49, 51, 54, 55
Glazier 677r.2 6, 12, 22, 27, 33, 34, 38
4, 6, 8, 9, 12, 22, 23, 25, 27, 33, 34, 38, 39, Insulator - Heat & Frost 30-Syracuse 49, 50, 45, 54, 55 Laborers - Building 322-2H 17, 23, 25, 45
Laborers - Building 785(7) 4 9, 13, 54
PW-30R (07.14) NYSDOL Bureau of Public Work 4 of 7 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) *** Do not write in any additional Classifications or Counties***
Check Job Classification Tag # Entire Counties Partial Counties Box
Laborers - Building 785B-CS 8, 51 49
Laborers- Heavy & Highway 322/2h 17, 23, 25, 45
Laborers- Heavy & Highway 7-785b 12, 55 49, 54
Laborers Heavy & Highway 785(7) 4 9, 13, 54
Laborer - Heavy & Highway 785HH-CS 8, 51 49
5 Laborer - Building 621b 2, 7 5 Laborer - Residential 621r 2, 7
1, 10,11, 16, 17, 18, 20, 21, 29, 42, 46, 47, 2TS.1 48, 57, 58 Mason-Building 2TS.2 22, 23, 25, 33, 45 27 Mason-Building 2TS.3 6, 34, 38 27 Mason-Building 2b-on 34 Mason-Building 2b.1 1, 11, 18, 20, 21, 29, 42, 46, 47, 48, 58 57 Mason-Building 2b.2 22, 33 25 Mason-Building
Mason-Building 2b.3 6, 34 27 2b.4 38 Mason-Building 2b.5 23 25 Mason-Building 2b.6 45 Mason-Building 2b.8 10, 16, 17 57 Mason-Building
Mason-Building 3b-Co-Z2 8, 49, 51 2
Mason-Building 3B-Z1 19, 26, 28, 35, 50, 59, 61, 62
Mason-Building-Residential 3B-Z1R 19, 26, 28, 35, 50, 59, 61, 62
Mason-Building 3B-Bing-Z2 4, 9, 13, 39, 54
Mason-Building 3B-Ith-Z2 12, 55
Mason-Building 3B-Jam-Z2 7 2, 5
Mason-Building-Residential 3B-Jam-Z2R 2, 4, 8, 7, 9, 12, 39, 13, 49, 51, 54, 55 5
Mason-Building 3B-Z3 15, 32 5
PW-30R (07.14) NYSDOL Bureau of Public Work 5 of 7 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) *** Do not write in any additional Classifications or Counties***
Check Job Classification Tag # Entire Counties Partial Counties Box Mason-Building 3B-Z3.Orleans 37
Mason-Residential 3B-Z3R 15, 32 5
Mason-Residential 3B-Z3R.Orleans 37
2, 4, 8, 7, 9, 12, 13, 19, 26, 28, 35, 37, 39, Mason-Heavy Highway 3h 49, 50, 51, 54, 55, 59, 61, 62 5, 15, 32
Mason-Tile Finisher 3TF-Z1 19, 26, 28, 35, 50, 59, 61, 62
Mason-Tile Finisher 3TF-Z2 2, 4, 8, 7, 9, 12, 13, 39, 49, 51, 54, 55 5 Mason-Tile Finisher 3TF-Z3 15, 32, 37 5
Mason-Tile Finisher 3TF-Z1R 19, 26, 28, 35, 50, 59, 61, 62
Mason-Tile Finisher 3TF-Z2R 2, 4, 7, 9, 12, 13, 39, 49, 51, 54, 55 5
Mason-Tile Finisher 3TF-Z3R 15, 32, 37 5
Mason-Tile Setter 3TS-Z1 19, 26, 28, 35, 50, 59, 61, 62
Mason-Tile Setter Residential 3TS-Z1R 19, 26, 28, 35, 50, 59, 61, 62
Mason-Tile Setter 3TS-Z2 2, 4, 7, 8, 9, 12, 13, 39, 49, 51, 54, 55 5
Mason-Tile Setter Residential 3TS-Z2R 2, 4, 7, 8, 9, 12, 13, 39, 49, 51, 54, 55 5
Mason-Tile Setter Residential 3TS-Z3R 15, 32, 37 5
Mason - Building/Heavy&Highway 780 3, 24, 30, 31, 41, 43, 52
Operating Engineer - Heavy/Highway 137H/H 40, 60 14 19 Operating Engineer - Heavy& Highway 158-832H 2, 8, 26, 28, 35, 49, 51, 59, 62 1, 3, 10, 11, 14, 16, 17, 18, 20, 21, 24, Painter 1456-LS 29, 30, 31, 36, 40, 41, 42, 43, 44, 46, 47, 48, 52, 53, 56, 57, 58, 60
Painter 150 28, 59, 62 26, 35
Painter 178 B 4, 9, 54
Painter 178 E 8, 49 51 Painter 178 I 12, 55
Painter 178 O 13, 39 25, 35, 38 Painter 31 6, 22, 27, 33, 34, 50
PW-30R (07.14) NYSDOL Bureau of Public Work 6 of 7 Job Classification Checklist (Place a checkmark by all classifications that will be using the 4/10 schedule) *** Do not write in any additional Classifications or Counties***
Check Job Classification Tag # Entire Counties Partial Counties Box
38 Painter 38.O Painter 38.W 23, 45 25
5, 7, 26, 51 Painter 4-Buf,Nia,Olean 2, 15, 19, 32, 37, 61 5, 7 Painter 4-Jamestown 38 Painter 38.O Painter 38.W 23, 45 25
5, 7, 26, 51 Painter 4-Buf,Nia,Olean 2, 15, 19, 32, 37, 61 5, 7 Painter 4-Jamestown
Sheetmetal Worker 46 26, 28, 35, 50, 59, 62
Sheetmetal Worker 46r 26, 28, 35, 50, 59, 62
Teamsters-Heavy&Highway 294h/h 1, 11, 18, 20, 29, 42, 46, 47, 48, 58 57
Teamsters-Heavy&Highway 317bhh 6, 12, 50, 51, 55, 62 2
Teamsters-Building/Heavy&Highway 456 40, 60
PW-30R (07.14) NYSDOL Bureau of Public Work 7 of 7 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041
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. 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. In most cases the payment or provision of supplements is for each hour worked (noted in the schedule as 'Per hour worked'). Some classifications require the payment or provision of supplements for each hour paid (noted in the schedule as 'Per hour paid'), which require supplements to be paid or provided at a premium rate for premium hours worked. Some classifications may also require the payment or provision of supplements for paid holidays on which no work is performed. 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.state.ny.us) 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.
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
Page 30 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041
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
Page 31 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Queens County General Construction
Asbestos Worker 02/01/2016
JOB DESCRIPTION Asbestos Worker DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2015 08/01/2015
Abestos Worker $ 45.00 $ 44.00 Removal & Abatement Only*
NOTE: *On Mechanical Systems that are NOT to be SCRAPPED.
SUPPLEMENTAL BENEFITS Per Hour:
Abestos Worker $ 7.20 $ 8.70 Removal & Abatement Only OVERTIME PAY See (B, B2, *E, J) on OVERTIME PAGE Hours worked on Saturdays are paid at time and one half only if forty hours have been worked during the week. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8) on HOLIDAY PAGE REGISTERED APPRENTICES Apprentice Removal & Abatement Only: 1000 hour terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 78% 80% 83% 89%
SUPPLEMENTAL BENEFIT Per Hour:
Apprentice Removal & Abatement $ 7.20 $ 8.70 4-12a - Removal Only
Boilermaker 02/01/2016
JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per Hour: 07/01/2015
Boilermaker $ 51.56 Repairs & Renovations $ 51.56 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015
Boilermaker 32% of hourly Repairs & Renovations Wage Paid + $25.19
NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay.
Repairs & Renovation Includes replacement of parts and repairs & renovation of existing unit.
OVERTIME PAY OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE Page 32 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Overtime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE NOTE: *Employee must work in pay week to receive Holiday Pay. **Boilermarker gets 4 times the hourly wage rate for working on Labor Day. ***Repairs & Renovation see (B,E,Q) on HOLIDAY PAGE HOLIDAY REGISTERED APPRENTICES Wage per hour: (1/2) Year Terms at the following pecentage of Boilermaker's Wage
1st 2nd 3rd 4th 5th 6th 7th 8th 65% 65% 70% 75% 80% 85% 90% 95%
Supplemental Benefits Per Hour: 07/01/2015 Apprentice(s) 32% of Hourly Wage Paid Plus Amount Below
1st Term $ 19.27 2nd Term 20.11 3rd Term 20.95 4th Term 21.80 5th Term 22.65 6th Term 23.49 7th Term 24.33
NOTE: "Hourly Wage Paid" shall include any and all premium(s) 4-5
Carpenter 02/01/2016
JOB DESCRIPTION Carpenter DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchester PARTIAL COUNTIES Orange: South of but including the following, Waterloo Mills, Slate Hill, New Hampton, Goshen, Blooming Grove, Mountainville, east to the Hudson River. Putnam: South of but including the following, Cold Spring, TompkinsCorner, Mahopac, Croton Falls, east to Connecticut border. Suffolk: West of Port Jefferson and Patchogue Road to Route 112 to the Atlantic Ocean. WAGES Per hour: 07/01/2015 10/17/2015
Core Drilling: Driller $ 36.82 + Additional $ 2.21 Driller Helper $ 29.44 + Additional $ 1.94
Additional Helpers: One (1) year increments. This is not an apprenticeship for Driller: Helper 1st year $ 20.61 Helper 2nd year 23.55 Helper 3rd year 26.50 Helper 4th year 29.44
Note: Hazardous Waste Pay Differential: For Level C, an additional 10% above wage rate per hour For Level B, an additional 10% above wage rate per hour For Level A, an additional 10% above wage rate per hour Note: When required to work on water: an additional $ 0.50 per hour. SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2015 10/17/2015
Driller and $ 22.79 $ 22.79 All Helpers OVERTIME PAY OVERTIME: See (B,E,K*,P,R**) on OVERTIME PAGE. Page 33 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
HOLIDAY Paid: See (5,6) on HOLIDAY PAGE. Overtime: * See (5,6) on HOLIDAY PAGE. ** See (8,10,11,13) on HOLIDAY PAGE. 8-1536-CoreDriller
Carpenter 02/01/2016
JOB DESCRIPTION Carpenter DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per Hour: 07/01/2015
Timberman $ 45.60 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015
$ 47.05 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19) on HOLIDAY PAGE.
Paid: for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25)
Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour: ( 1 ) year terms: 1st 2nd 3rd 4th $18.24 $22.80 $29.64 $36.48
Supplemental benefits per hour: $ 31.92 8-1556 Tm
Carpenter 02/01/2016
JOB DESCRIPTION Carpenter DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2015
Building Millwright $ 48.44 + Additional $ 2.40 SUPPLEMENTAL BENEFITS Per hour paid:
Millwright $ 50.49 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19)* on HOLIDAY PAGE.
Overtime See (5,6,8,11,13,18,19,25) on HOLIDAY PAGE.
* must show up to work Page 34 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
REGISTERED APPRENTICES Wages per hour is Pecentage of Journeyworkers wage:
(1) year terms:
1st. 2nd. 3rd. 4th. $26.64 $31.49 $36.33 $46.02
Supplemental benefits per hour paid:
(1) year terms: 1st. 2nd. 3rd. 4th. $32.81 $36.15 $40.63 $46.21 8-740.1
Carpenter 02/01/2016
JOB DESCRIPTION Carpenter DISTRICT 8 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per Hour: 07/01/2015
Marine Construction:
Marine Diver $ 61.30 Marine Tender 43.45
SUPPLEMENTAL BENEFITS Per Hour Paid:
Journeyman $ 46.09 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18, 19) on HOLIDAY PAGE Overtime: See (5, 6, 10, 11, 13, 16, 18, 19) on HOLIDAY PAGE 8-1456MC
Carpenter 02/01/2016
JOB DESCRIPTION Carpenter DISTRICT 8 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester PARTIAL COUNTIES Orange: The area lying on Southern side of Orange County demarcated by a line drawn from the Bear Mountain Bridge continuing east 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 Per hour: 07/01/2015
Carpet/Resilient Floor Coverer $ 49.88
INCLUDES HANDLING & INSTALLATION OF ARTIFICIAL TURF AND SIMILAR TURF INDOORS/OUTDOORS.
SUPPLEMENTAL BENEFITS Per hour paid:
Floor Coverer $ 44.07 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE
Page 35 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
HOLIDAY Paid: See (18, 19)on HOLIDAY PAGE.
Paid: for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25)
Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wage per hour is Pecentage of Journeyworkers Wage
(1) year terms:
1st. 2nd. 3rd. 4th. $19.95 $24.94 $32.42 $39.90 Supplemental benefits per hour:
$ 30.22 8-2287
Carpenter 02/01/2016
JOB DESCRIPTION Carpenter DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2015
Piledriver $ 50.50 Dockbuilder $ 50.50
SUPPLEMENTAL BENEFITS Per hour paid:
Journeyworker $ 47.03
OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: See (18,19)on HOLIDAY PAGE.
Paid: for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25)
Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour (1)year terms: 1st 2nd 3rd 4th $20.20 $25.25 $32.83 $40.40 Supplemental benefits per hour:
Apprentices $ 31.90 8-1556 Db
Carpenter 02/01/2016
JOB DESCRIPTION Carpenter DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, New York, Putnam, Queens, Richmond PARTIAL COUNTIES Nassau: That portion of the county that lies west of Seaford Creekand south of the Southern State Parkway. WAGES Page 36 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Per hour: 07/01/2015
Show Exibit/ Carpenter $ 50.50 SUPPLEMENTAL BENEFITS Per hour paid:
Show Exibit/ Carpenter $ 46.26 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19) on HOLIDAY PAGE.
Paid:for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25)
Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour is Pecentage of Journeyworkers Wage
(1) year terms: 1st. 2nd. 3rd. 4th. $20.20 $25.25 $32.83 $40.40
Supplemental benefits per hour: Apprentices $ 31.52 8-EXHIB
Carpenter - Building 02/01/2016
JOB DESCRIPTION Carpenter - Building DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond PARTIAL COUNTIES Nassau: Work preformed south of the Southern State Parkway and west of the Seaford Creek. WAGES Per hour: 07/01/2015 07/01/2016
Building: Carpenter $ 50.50 Additional $ 2.40 SUPPLEMENTAL BENEFITS Per hour paid:
Building: Carpenter $ 45.85 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19) on HOLIDAY PAGE.
Paid: for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25)
Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wage per hour:
(1) year terms: 1st 2nd 3rd 4th Building $ 20.20 $ 25.25 $ 32.83 $ 40.40
Supplemental benefits per hour for all Apprentices: Page 37 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
Building $ 31.11
8-NYC Bldg.
Carpenter - Heavy&Highway 02/01/2016
JOB DESCRIPTION Carpenter - Heavy&Highway DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015
Heavy&Highway Carpenter $ 50.50 SUPPLEMENTAL BENEFITS Per hour paid:
Heavy & H/way Carpenter $ 47.03 OVERTIME PAY See (B, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18, 19) on HOLIDAY PAGE Paid : for 1st & 2nd yr Apprentices See(5,6,11,13,16,18,19,25)
Overtime: See(5,6,11,13,16,18,19,25) on holiday Page REGISTERED APPRENTICES Wage per hour: (1) year terms: 1st 2nd 3rd 4th Heavy & Highway $20.20 $25.25 $32.83 $40.40
Supplemental Benefits: Per Hour paid
All Apprentices $31.90
8-NYC H/H
Electrician 02/01/2016
JOB DESCRIPTION Electrician DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015
Tree Trimmer $ 27.88 Ground Person $ 18.43
Applies to line clearance, tree work, and right-of-way preparation on all new or existing overhead, electrical, telephone, and CATV lines. SUPPLEMENTAL BENEFITS Per hour paid:
Tree Trimmer $ 10.44 Ground Person $ 6.90
OVERTIME PAY See (B, *H, Q) on OVERTIME PAGE *Worked performed on Sundays & Holidys outside of 7.00am - 4.00pm shall be paid at double time, in addition to the holiday pay if applicable. HOLIDAY Page 38 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County HOLIDAY: Paid: See (5,6,10,11,15,16,26) on HOLIDAY PAGE.
(An additional floating holiday after four years' service)
Overtime: See (5,6,10,11,15,16,26) on HOLIDAY PAGE. 9-3T
Electrician 02/01/2016
JOB DESCRIPTION Electrician DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015
Electrician H - Telephone $ 27.50
Maintenance and Jobbing-Electrical work of limited duration and scope, consisting of repairs and/or replacement of electrical and teledata equipment.
- Includes all work necessary to retrofit, service, maintain and repair all kinds of lighting fixtures and local lighting controls and washing and cleaning of foregoing fixtures. SUPPLEMENTAL BENEFITS Journeyworker $ 20.82 22.54* * Applies to overtime hours
OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE 9-3m
Electrician 02/01/2016
JOB DESCRIPTION Electrician DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond, Westchester WAGES Per hour Paid: 07/01/2015 03/09/2016
Service Technician $ 31.40 $ 32.00
Service and Maintenance on Alarm and Security Systems.
Maintenance, repair and /or replacement of defective (or damaged) equipment on, but not limited to, Burglar - Fire - Security - CCTV - Card Access - Life Safety Systems and associated devices. (Whether by service contract of T&M by customer request.) SUPPLEMENTAL BENEFITS Per hour: Journeyworker: $ 14.76 $ 15.47
OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE 9-3H
Electrician 02/01/2016
JOB DESCRIPTION Electrician DISTRICT 9 ENTIRE COUNTIES Page 39 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Bronx, Kings, New York, Queens, Richmond WAGES Per Hour: 07/01/2015
Electrician and $54.00 Audio/Sound SUPPLEMENTAL BENEFITS Per Hour: Journey Worker $50.03 53.41*
Journey Worker Temporary Light/Power $24.39 27.27*
* Applies when premium wages are paid.
Temporary Light and Power benefit rate applies for three or less workers.
Reduce benefit rate by 6.2% for any employee who has accumulated wages of $113,700 for the same employer. OVERTIME PAY See (A, H) on OVERTIME PAGE See (B) for Temporary Light and Power HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages Per Hour:
One (1) year terms - Apprentices registered before 05/10/2007.
07/01/2015 Fifth term/MIJ: 1-18 mos $ 26.80
One (1) year terms - Apprentices registered after 05/10/2007.
First term: 07/01/2015 0-6 mos. $ 13.00 7-12 mos. 14.00 Second term: 0-6 mos. $ 15.00 7-12 mos. $ 16.00 Third term: 0-6 mos. $ 17.00 7-12 mos. 18.00 Fourth term: 0-6 mos. $ 19.00 7-12 mos. 21.00 Fifth term/MIJ: 0-12 mos. $ 23.00 13-18 mos. 23.00
Supplemental Benefits per hour:
One (1) year terms - Apprentices registered prior to 05/10/2007. Fifth term/MIJ:
07/01/2015 1-18 mos $ 20.47 22.15
One (1) year terms - Apprentices registered after 05/10/2007: 07/01/2015
First Term: Regular Overtime
Page 40 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County 0-6 mos. $11.61 $12.47 7-12 mos. 12.12 13.05 Second Term: 0-6 mos. $12.63 $13.62 7-12 mos. 13.14 14.19 Third Term: 0-6 mos. $13.65 $14.77 7-12 mos. 14.16 15.34 Fourth Term: 0-6 mos. $14.67 $15.92 7-12 mos. 15.68 17.07 Fifth Term/MIJ: 1-12 mos. $18.56 $20.00 13-18 mos 9-3
Electrician 02/01/2016
JOB DESCRIPTION Electrician DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015
Electro Pole Electrician $ 54.00
Electro Pole Foundation Inst. $ 40.93
Electro Pole Maintainer $ 35.05 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015
Electro Pole Electrician $ 51.86
55.25*
Electro Pole Foundation Inst. 39.46 42.02*
Electro Pole Maintainer 35.51 37.71*
* Applies when premium wages are paid Note:Reduce benefit rate by 6.2% for any employee who has accumulated wages in $113,700 for the same employer. OVERTIME PAY See (A, *B, **E4, F, K) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE 9-3J
Electrician Lineman 02/01/2016
JOB DESCRIPTION Electrician Lineman DISTRICT 4 ENTIRE COUNTIES Nassau, Queens, Suffolk WAGES For Utility Distribution & Transmission Line Construction: Per Hour: 07/01/2015
Lineman/Splicer $ 50.76 Material Man 44.16 Page 41 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Heavy Equip. Operator 40.61 Groundman 30.46 Flagman 22.84
For Natural Gasline Construction: Per Hour: 07/01/2015 06/01/2016 Journeyman U.G.Mech. $ 42.69 $ 44.08
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday.
NOTE - In order to use the '4 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 PW30R; and there must be a dispensation of hours in place on the project. If the PW30R is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per Hour: Utility Distribution & Transmission Line Construction:
07/01/2015
All Classifications 31% of Hourly Wage Paid + $ 11.36
NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay
Natural Gasline Construction: Per Hour: 07/01/2015 06/01/2016
Journeyman U.G.Mech. 25% of Hourly 26% of Hourly Wage Paid + Wage Paid + $11.16 $11.96 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE OVERTIME for Natural Gas Mechanic:(B,G,P) HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 16, 23, 25, 26) on HOLIDAY PAGE Same as Above for natural Gas Mechanic. REGISTERED APPRENTICES 1000 hour Terms at the following Percentage of Journeyman's Wage. (Lineman Only)
1st 2nd 3rd 4th 5th 6th 7th 60% 65% 70% 75% 80% 85% 90%
SUPPLEMENTAL BENEFIT: 07/01/2015
All Terms 31% of Hourly Wage Paid + $11.36
4-1049 Line/Gas
Elevator Constructor 02/01/2016
JOB DESCRIPTION Elevator Constructor DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk PARTIAL COUNTIES Rockland: Entire County except for the Township of Stony Point Westchester: Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt. Kisco, North Salem, Pound Ridge, Somers and Yorktown. WAGES Per hour: 07/01/2015 03/17/2016
Page 42 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Elevator Constructor $ 59.55 $ 60.96
Modernization & Service/Repair 46.92 47.91 SUPPLEMENTAL BENEFITS Per Hour:
Elevator Constructor $ 35.17 $ 36.86
Modernization & 34.21 35.87 Service/Repair OVERTIME PAY Constructor. See ( D, M, T ) on OVERTIME PAGE.
Modern./Service See ( B, F, S ) on OVERTIME PAGE. HOLIDAY Paid: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES PER HOUR: *Note:1st Term is based on Average wage of Constructor & Modernization. Terms 2 thru 4 Based on Journeyman's wage of classification Working in.
1 YEAR TERMS:
1st Term* 2nd Term 3rd Term 4th Term 50% 55% 65% 75%
SUPPLEMENTAL BENEFITS Elevator Constructor 1st Term $ 28.93 $ 30.44 2nd Term 29.73 31.27 3rd Term 30.94 32.51 4th Term 32.15 33.75
Modernization & Service/Repair 1st Term $ 28.85 $ 30.37 2nd Term 29.21 30.73 3rd Term 30.32 31.87 4th Term 31.43 33.02 4-1
Glazier 02/01/2016
JOB DESCRIPTION Glazier DISTRICT 8 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per hour: 07/01/2015 11/01/2015 05/01/2016
Glazier $ 52.20* $ 52.80* +Additional $ 1.50
Scaffolding $ 53.20* $ 53.80* +Additional $ 1.50
Scafolding includes swing scaffold, mechanical equipment, scissor jacks, man lifts, booms & buckets 24' or more, but not pipe scaffolding.
Repair & Maintenance $ 27.30*
Repair & Maintenance- All repair & maintenance work on a particular building,whenever performed, where the total cumulative contract value is under $121,550
*Additional $ .05 per hour for all regular hours worked
Page 43 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2015 11/01/2015 Journeyworker $ 28.04 $ 28.29
Repair & Maintenance 16.14 16.14 OVERTIME PAY OVERTIME: Premium is applied to the respective base wage only. See (C*,D* E2, O) on OVERTIME PAGE.
* If an optional 8th hour is required to complete the entire project, the same shall be paid at the regular rate of pay. If a 9th hour is worked, then both hours or more (8th & 9th or more) will be paid at double time rate of pay.
For Repair & Maintenance see ( B,B2, F, P) on overtime page. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 6, 16, 25) on HOLIDAY PAGE Paid for the Repair & Maintenance (5, 6, 16 & 25)
REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates: 07/01/2015 11/01/2015
1st term $ 17.70 $ 17.95
2nd term 25.85 26.20 3rd term 31.19 31.54
4th term 41.71 42.14
Supplemental Benefits: (Per hour worked) 1st term $ 13.84 $ 13.99 2nd term 19.10 19.26 3rd term 20.97 21.13 4th term 24.32 24.57
8-1281 (DC9 NYC)
Insulator - Heat & Frost 02/01/2016
JOB DESCRIPTION Insulator - Heat & Frost DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2015 12/28/2015
Insulators $ 63.66 $ 63.61 Heat & Frost SUPPLEMENTAL BENEFITS Per Hour:
Insulators $ 31.51 $ 32.46 Heat & Frost OVERTIME PAY See (A, D, O, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages:
1 year terms at the following percentage of Journymans Wage. Page 44 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
1st 2nd 3rd 4th 40% 60% 70% 80%
Supplemental Benefits per hour:
Apprentice Insulator(s) 1st $ 12.60 $ 12.98 2nd 18.91 19.48 3rd 22.06 22.72 4th 25.21 25.97 4-12
Ironworker 02/01/2016
JOB DESCRIPTION Ironworker DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Rockland: Southern section - south of Convent Road and east of Blue Hills Road. WAGES Per hour: 07/01/2015
Reinforcing & Metal Lathing $ 53.63 SUPPLEMENTAL BENEFITS Per hour paid:
Reinforcing & $ 31.95 Metal Lathing OVERTIME PAY See (B, B1, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 18, 19, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) year terms at the following wage rates: Wages Per Hour:
1st term 2nd term 3rd term $ 23.01 $ 28.11 $ 33.21
SUPPLEMENTAL BENIFITS Per Hour:
1st term 2nd term 3rd term $ 18.18 $ 18.18 $ 18.18 4-46Reinf
Ironworker 02/01/2016
JOB DESCRIPTION Ironworker DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2015 01/01/2016
Ornamental $43.20 $43.45 Chain Link Fence 43.20 43.45 Guide Rail Installation 43.20 43.45 SUPPLEMENTAL BENEFITS Per hour paid: Journeyworker: $48.16 $49.16 OVERTIME PAY
Page 45 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County OVERTIME: See (A*,D1,E**,Q,V) on OVERTIME PAGE.
*Time and one-half shall be paid for all work in excess of seven (7) hours at the end of a work day to a maximum of two (2) hours on any regular work day (8th & 9th hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1st term represents first 1-10 months, thereafter (1/2) year terms at the following percentage of Journeyman's wage.
1st 2nd 3rd 4th 5th 50% 55% 60% 70% 80%
Supplemental Benefits per hour paid:
1st Term $36.97 $37.74 2nd Term 38.10 38.88 3rd Term 39.22 40.02 4th Term 41.46 42.31 5th Term 43.69 44.59 4-580-Or
Ironworker 02/01/2016
JOB DESCRIPTION Ironworker DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per Hour: 07/01/2015 01/01/2016
IRONWORKER: An Additional Ironworker Rigger $ 56.09 $ 1.36
Ironworker Stone Derrickman $ 56.09 $ 1.36 SUPPLEMENTAL BENEFITS Ironworker: $ 38.37 OVERTIME PAY See (B, D1, *E, Q, **V) on OVERTIME PAGE *Time and one-half shall be paid for all work on Saturday up to eight (8) hours and double time shall be paid for all work thereafter. ** Benefits same premium as wages on Holidays only HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 25) on HOLIDAY PAGE *Work stops at schedule lunch break with full day's pay. REGISTERED APPRENTICES Wage per hour:
1/2 year terms at the following hourly wage rate: 1st 2nd 3rd 4th 5th 6th 07/01/2015 $28.05 $28.05 $39.26 $44.87 $50.48 $50.48
Supplemental benefits:
Per hour paid: $19.19 $19.19 $28.78 $28.78 $28.78 $28.78
9-197D/R
Ironworker 02/01/2016
JOB DESCRIPTION Ironworker DISTRICT 4
Page 46 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES PER HOUR: 07/01/2015
Ironworker: Structural $ 48.75 Bridges Machinery SUPPLEMENTAL BENEFITS PER HOUR:
Journeyman $ 67.83 OVERTIME PAY See (B*,E**,Q,V) on OVERTIME PAGE.
* Time and one-half shall be paid for all work in excess of (8) eight hours at the end of a work day to a maximum of two hours on any regular work day (the ninth (9th) and tenth (10th) hours of work)and double time shall be paid for all work thereafter.
** Time and one-half shall be paid for all work on Saturday up to eight (8) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 18, 19) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES PER HOUR:
6 month terms at the following rate:
1st $ 25.48 2nd 26.08 3rd - 6th 26.68
Supplemental Benefits PER HOUR: All Terms 47.32 4-40/361-Str
Laborer 02/01/2016
JOB DESCRIPTION Laborer DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour:
GROUP 14: Blasters.
GROUP 16: Tunnel workers * * (including Miners, Drill Runners, Iron Men, Maintenance Men, Conveyor Men, Safety Miners, Riggers, Block Layers, Cement Finishers, Rod Men, Caulkers, Powder Carriers, Miners' Helpers, Chuck Tenders, Track Men, Nippers, Brake Men, Derail Men, Form Men, Bottom Bell, Top Bell or Signal men, Form Workers, Movers, Concrete Workers, Shaft Men, Tunnel Laborers and Caulkers' Helpers).
GROUP 17**: All others including: Powder Watchmen, Top Laborers and Changehouse Attendants.
Wages: (per hour) 07/01/2015
Laborer (Tunnel)-FREE AIR: Group 14 $ 62.12 Group 16 $ 59.44 Group 17** $ 54.92
Small Bore Micro Tunnel Machines 80% of rates above For Repairs on Existing Page 47 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Water Tunnels 90% of rates above For Repairs of Sewer & Drainage Tunnels 85% of rates above For Repair & Maintenance of all Subway & 80% of rates above Vehicular Tunnels
**An additional $3.00 per day when using an air spade, jack hammer or pavement breaker.
Note: For jobs bid before July 1, 2010 employer shall pay $6.00 per day for each one half (1/2) mile or fraction starting from a point 500 feet from the shaft. For all jobs bid after July 1, 2010, said premium shall be $10.00 per day. SUPPLEMENTAL BENEFITS Per hour paid:
GROUP 14 $ 41.82** $ 41.50* GROUP 16 $ 40.05** $ 39.73* GROUP 17 $ 37.07** $ 36.75* Small Bore Micro Tunnel Machines 80% of rates above For Repairs on Existing Water Tunnels 90% of rates above For Repairs of Sewer & Drainage Tunnels 85% of rates above For Repair & Maintenance of all Subway& 80% of rates above Vehicular Tunnels
* For projects bid prior to 07/01/2014 OVERTIME PAY OVERTIME: For Laborer (Free Air) See ( D, M, R* ) on OVERTIME PAGE. For Repair Categories See ( B, F, R* ) on OVERTIME PAGE. & Micro Tunneling * Straight time first 8 hours, double time after 8 hours. HOLIDAY Paid: See (5, 6, 9, 11, 12, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 12, 15, 16, 25) on HOLIDAY PAGE Good Friday may be exchanged for one of the holidays listed. 9-147Tnl/Free
Laborer 02/01/2016
JOB DESCRIPTION Laborer DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015
Laborer/Excavation:
**Asbestos and Lead Abatement & Removal,Hazardous Waste Removal (including soil) $ 40.50 Basic 40.50 Flagman 40.50 Pipelayer 40.50 *Tree Work, *Landscape 40.50
*Includes trimming, cutting, planting and/or removal of trees. ** Applies to Heavy & Highway projects SUPPLEMENTAL BENEFITS Per hour paid:
Journeyworker $ 36.63 Page 48 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
OVERTIME PAY See (B, E, Q) on OVERTIME PAGE ++ Except for Independence Day, holidays which fall on a Saturday will not be observed on the preceding Friday.When an observed holiday falls on a Saturday,work done shall be paid at double time. HOLIDAY Paid: See (2, 20) on HOLIDAY PAGE Overtime: See (5, 6, 11, 13) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour:
1000 hour terms at the following hourly wage rate.
07/01/2015
1st 0-1000 $ 19.93 2nd 1001-2000 $ 23.91 3rd 2001-3000 $ 29.89 4th 3001-4000 $ 35.87
Supplemental Benefits per hour paid:
All Apprentices $ 34.88 9-731Ex
Laborer 02/01/2016
JOB DESCRIPTION Laborer DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015
Laborer: Laborer-Concrete (including flag person) $ 41.48 SUPPLEMENTAL BENEFITS Per Hour Worked $ 26.17 OVERTIME PAY OVERTIME: See (A,E,Q) on OVERTIME PAGE attached. See (B,E,Q,) for work below street level to top of foundation.
For Work done on Saturdays add an additional $2.75 per hour to Supp. Benefits. For work done on Sundays & Holidays add an additional $5.50 per hour to Supp. Benefits. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour: Terms at the following percentage of Journeyworkers wage.
Term: 1st 2nd 3rd Hours: 0- 501- 2001- 500 2000 4000
50% 65% 80%
Supplemental Benefits: (Per Hour Worked)
0-500 hrs 501-1000 hrs 1001-2000 hrs 2001-4000 hrs
$15.29+ $2.75* $15.29+ $3.58* $20.67+ $3.58* $20.67+ $4.40*
*This mount subject to same premium as wages Page 49 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County NB Journeyman rate applies after 4000 hours 9-6A/18A/20-C
Laborer - Building 02/01/2016
JOB DESCRIPTION Laborer - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015 01/01/2016
Building: Plasterer Tender and Spray Fireproofing. $ 38.67** $ 39.17**
** To calculate premium wage, subtract $2.00 from hourly wage SUPPLEMENTAL BENEFITS Per hour paid: Journeyworker $ 26.02 $ 26.47 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour:
1000 hours terms at the following wage.
1st 2nd 3rd 4th 07/01/2015 $22.39* 23.54* 25.29* 27.95*
* Before calculating premium wage deduct $1.00
Supplemental Benefits per hour paid:
1st and 2nd terms $ 17.44 $ 17.79 3rd and 4th terms 17.49 17.84 9-30 (79)
Laborer - Building 02/01/2016
JOB DESCRIPTION Laborer - Building DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015
Laborer/Asbestos, $ 36.00 Lead and Hazardous Material Abatment
SUPPLEMENTAL BENEFITS Per Hour:
Laborer $15.95 OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8) on HOLIDAY PAGE REGISTERED APPRENTICES 1000 hour terms at the following;
Page 50 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
Per Hour: 07/01/2015
1st term $27.96 2nd Term $28.66 3rd Term $29.72 4th Term $31.84
SUPPLEMENTAL BENEFIT
Per Hour:
ALL TERMS $15.95 4-NYDC(78)
Laborer - Building 02/01/2016
JOB DESCRIPTION Laborer - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015 01/01/2016
Skilled Interior Demolition Laborer: $ 36.46 $ 36.81 General Interior Demolition Laborer: $ 25.65* 26.80*
*General Demolition Laborer performs manual work and work incidental to demolition, such as loading and carting of debris from work site to an area where it can be loaded into trucks for removal. Also performs clean-up of the site when demolition is complete. SUPPLEMENTAL BENEFITS Per Hour paid:
Skilled Interior Demolition Laborer: $ 21.13 $ 21.53 General Interior Demolition Laborer: 15.45 15.85 OVERTIME PAY See (B, B2, E, E2, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage Per Hour:
1000 hour terms at the following wage rate:
1st 2nd 3rd 4th $ 22.64 $ 23.74 $ 25.33 $ 27.83
Supplemental Benefits per Hour paid:
All Apprentices $ 16.24 $ 16.59
9-MTDC (79-ID)
Laborer - Building 02/01/2016
JOB DESCRIPTION Laborer - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015 01/01/2016
Skilled Demolition Laborer: $ 37.52 $ 37.89 General Demolition Laborer: 26.40* 26.68*
Page 51 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County *General Demolition Laborer performs manual work and work incidental to demolition, such as loading and carting of debris from work site to an area where it can be loaded into trucks for removal. Also performs clean-up of the site when demolition is complete.
NOTE: Total Demolition Only: Demolition shall be the complete demolition (wrecking) or dismantling of entire buildings or structures. Also may include the removal of all or any portion of a roof in which structural change is to occur. Structural change is defined as the removal of structural slabs, steel members, concrete members and penetration through the structural slab. SUPPLEMENTAL BENEFITS Per hour paid: Journeyworker:
Skilled Demolition Laborer: $ 24.86 $ 25.26 General Demolition Laborer: 18.38 18.65 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 13, 15, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour:
(1) year terms at the following wage.
1st 2nd 3rd 4th
22.17 23.32 24.97 27.53
Supplemental Benefits per hour paid:
$ 16.33 $ 16.68 9-79/95
Laborer - Building 02/01/2016
JOB DESCRIPTION Laborer - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015 01/01/2016
Basic Laborer and Mason Tender $ 38.67 $ 39.17
SUPPLEMENTAL BENEFITS Per hour paid:
Basic Laborer and Mason Tender $ 26.02 $ 26.47 OVERTIME PAY See (B, B2, E, E2, I, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 25) on HOLIDAY PAGE (Easter is paid at Time and One-half if worked) REGISTERED APPRENTICES Wage per hour:
1000 hour terms at the following wage rate:
Term: 1st 2nd 3rd 4th
Basic Laborer and Mason Tender $ 22.39 $ 23.54 $ 25.29 $ 27.95
Supplemental Benefits per hour paid:
Page 52 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County 1st and 2nd terms $ 17.44 $ 17.79 3rd and 4th terms 17.49 17.84
9-MTDC(79)
Laborer - Concrete & Asphalt Paving 02/01/2016
JOB DESCRIPTION Laborer - Concrete & Asphalt Paving DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Group 1: Slurry Seal Coater, Maintenance Safety Surface, Small Equipment Operator, Small Power Tool Operator, Play Equipment Installer, Landscape Planting & Maintenance, Temporary Fence Installer & Repairs, Laborer.
Group 2: Shoveler, Small Equipment Operator on Asphalt work.
Per hour: 07/01/2015
Concrete Formsetter $ 45.45 Asphalt Screedman / Micro Paver 45.45 Asphalt Raker 44.85 Group 1 40.98 Group 2 41.56
SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2015
Journeyman $ 36.92 OVERTIME PAY See (B, *E, **Q) on OVERTIME PAGE * Saturday premium rate applies from 7:00 am on Saturday to 6:59 am Sunday ** Sunday premium rate applies from Sunday 7:00 am to Monday 6:59 am. HOLIDAY Paid: See (5, 20) on HOLIDAY PAGE HOLIDAY: Paid: See (5,20)* on HOLIDAY PAGE. Holiday: Overtime: See (21,22)** on HOLIDAY PAGE. See (13)*** on holiday page.
* Holiday pay -at the single time pay rate-shall be prorated based on 25% of a day's wages and benefits for each day worked. **If an employee works on any of these unpaid holidays, employee will receive the single rate plus 25%. *** Unpaid if not worked,if worked shall receive single time rate plus one day's pay for the holiday. REGISTERED APPRENTICES Wage per hour:
2000 hours term at the following percent of Journeyman Laborer Group 1 rate.
1st term 2nd term 1-2000 2001-4000
$ 27.05 $ 28.69
Supplemental Benefits per hour paid:
2000 hours term at the following percent of Journeyman Laborer Group 1 rate.
1st term 2nd term 1-2000 2001-4000
$ 17.12 $ 17.12 9-1010H/H
Laborer - Trac Drill 02/01/2016 JOB DESCRIPTION Laborer - Trac Drill Page 53 DISTRICT 9 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per Hour Paid: 07/01/2015
Hydraulic Trac Drill $ 51.10 Hydraulic Trac Drill Chuck Tender 44.10 Air Trac, Wagon, Quarry Bar 50.31 Power Tool (Chipper & Jackhammer) 49.27 Chuck Tender & Nipper 43.35 Blaster 55.74 Blaster Hydraulic 56.56 Powder Carrier 45.38 Magazine Keeper 29.53
SUPPLEMENTAL BENEFITS Per Hour Paid: 07/01/2015
All Classifications $ 26.94 plus $5.50*
* This portion subject to same premium as overtime wages OVERTIME PAY Magazine Keeper See (B2,H) on OVERTIME PAGE.
ALL OTHERS SEE (D,E,Q) on OVERTIME PAGE. HOLIDAY HOLIDAY: Paid: See (5,6,11,13) on HOLIDAY PAGE. For Magazine Keepers See (1) on HOLIDAY PAGE
Overtime: See (5,6,11,13) on HOLIDAY PAGE. 9-29
Laborer - Tunnel 02/01/2016
JOB DESCRIPTION Laborer - Tunnel DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES GROUP 6: Tunnel Workers* * (including Miners, Drill Runners,Iron Men, Maintenance Men, Inside Muck Lock Tender, Pumpmen, Electricians, Cement Finishers, Rod Men, Caulkers, Carpenters, Hydraulic Men, Shield Drivers, Monorail Operators, Motor Men, Conveyor Men, Safety Miners, Powder Carriers, Pan Men, Riggers, Miner's Helpers, Chuck Tenders, Track Men, Nippers, Brake Men, Form Workers, Concrete Workers, Tunnel Laborers, Caulker's Helpers), Hose Men, Grout Men, Gravel Men, Derail Men and Cable Men.
GROUP 7: Top Nipper
GROUP 8,9: Outside Man Lock Tender, Outside Muck Lock Tender, Shaft Men,Gauge Tender and Signal Men.
GROUP 10: Powder Watchmen, Top Laborers and Changehouse Attendants.
WAGES: (per hour) 07/01/2015 Laborer(Compressed Air):
GROUP 6 $ 62.83 GROUP 7 $ 61.68 GROUP 8,9 $ 60.56 GROUP 10 $ 52.98
Note: For jobs bid before July l, 2010 employer shall pay $6.00 per day for each one half (1/2) mile or fraction starting from a point 500 feet from the shaft. For all jobs bid after July 1, 2010, said premium shall be $10. per day. SUPPLEMENTAL BENEFITS SUPPLEMENTAL BENEFITS: per hour: Page 54 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
GROUP 6 $ 42.09**
GROUP 7 $ 41.35** $ 41.28* GROUP 8,9 $ 40.57** $ 40.50 GROUP 10 $ 38.80** $ 38.73*
* For bids prior to 07/01/2014 OVERTIME PAY See (D, M, *R) on OVERTIME PAGE NOTE: Time and one-half to be paid for all overtime repair-maintenance work on existing equipment and facilities.
* Straight time first 8 hours, double time after 8 hours. HOLIDAY Paid: See (5, 6, 9, 11, 12, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 12, 15, 16, 25) on HOLIDAY PAGE Good Friday may be exchanged for one of the holidays listed. 9-147Tnl/Comp Air
Mason 02/01/2016
JOB DESCRIPTION Mason DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2015
Brick/Blocklayer $ 54.81 SUPPLEMENTAL BENEFITS Per Hour:
Brick/Block Layer $ 23.23 OVERTIME PAY See (A, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (800 hour) Terms at the following Percentage of Journeyworkers Wage:
1st 2nd 3rd 4th 5th 50% 60% 70% 80% 90%
Supplemental Benefits per hour:
All Apprentices $ 15.95 4-1Brk
Mason - Building 02/01/2016
JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015 12/07/2015 06/06/2016
Building: An additional Tile Finisher $ 41.98 $ 42.42 $ 0.97
SUPPLEMENTAL BENEFITS Per Hour:
Page 55 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Journeyworker $ 21.50* $ 20.85* plus $6.90 plus $8.18 * This portion of benefits subject to the same premium as overtime wages OVERTIME PAY See (A, *E, Q) on OVERTIME PAGE *Double time rate after 10 hours on Saturdays HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE 9-7/88-tf
Mason - Building 02/01/2016
JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Wages: 07/01/2015 01/01/2016
Marble Cutters& Setters $ 56.53 $ 56.89 SUPPLEMENTAL BENEFITS Per Hour:
Journeyworker $ 31.17 $ 32.06 OVERTIME PAY See (B, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage Per Hour:
750 hour terms at the following wage.
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 6001- 6751- 750 1500 2250 3000 3750 4500 5250 6000 6751 7500 07/01/2015 $22.61 $25.44 $28.27 $31.09 $33.92 $36.74 $39.57 $42.40 $48.05 $53.70 01/01/2016 $22.76 $25.60 $28.45 $31.29 $34.13 $36.98 $39.82 $42.67 $48.36 $54.05
Supplemental Benefits per hour paid at the following term:
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 07/01/2015 $22.87 $23.55 $24.26 $24.95 $25.63 $26.32 $27.03 $27.72 $29.09 $30.48 01/01/2016 $23.03 $23.72 $24.74 $25.48 $26.20 $26.94 $27.67 $28.41 $29.87 $31.34
9-7/4
Mason - Building 02/01/2016
JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2015 01/01/2016
Building-Marble Restoration:
Marble, Stone & $ 39.50 $ 39.73 Page 56 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Terrazzo Polisher, etc SUPPLEMENTAL BENEFITS Per Hour Paid: Journeyworker:
Building-Marble Restoration: Marble, Stone & Polisher $ 23.88 $ 24.41 OVERTIME PAY See (B, *E, Q, V) on OVERTIME PAGE *ON SATURDAYS, 8TH HOUR AND SUCCESSIVE HOURS PAID AT DOUBLE HOURLY RATE. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE 1ST TERM APPRENTICE GETS PAID FOR ALL OBSERVED HOLIDAYS. REGISTERED APPRENTICES WAGES per hour: (900 hour)terms at the following wages: 1st 2nd 3rd 4th 0-900 901-1800 1801-2700 over 2700
07/01/2015 $ 27.48 $ 31.40 $35.33 $ 39.25 01/01/2016 27.81 31.78 35.76 39.73
Supplemental Benefits Per Hour:
07/01/2015 $ 21.49 $ 22.12 $ 22.75 $ 23.38 01/01/2016 22.32 23.02 23.71 24.41 9-7/24-MP
Mason - Building 02/01/2016
JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per hour: 07/01/2015 12/07/2015 06/06/2016
Tile Setters $ 54.31 An additional $ 54.93 $1.30 SUPPLEMENTAL BENEFITS Per Hour:
Tile Setter $ 24.35* $ 23.75 plus $ 7.05 plus $ 8.33
* This portion of benefit is subject to the same premium as shown for overtime wages. OVERTIME PAY See (*E, Q, V) on OVERTIME PAGE * Work beyond 10 hours on Saturday shall be paid at double the hourly wage rate. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour:
Tile Setters: (750 hr)terms at the following wage rate:
Term: 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th Page 57 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 6001- 6750- 750 1500 2250 3000 3750 4500 5250 6000 6750 7500
$27.45 $30.71 $34.96 $39.98 $41.99 $44.96 $46.70 $50.45 $52.61 $53.58
Supplemental Benefits per hour:
1st term $ 14.70* plus $0.72 6th term $ 17.85* plus $1.51 2nd term $ 15.70* plus $0.76 7th term $ 16.10* plus $5.81 3rd term $ 15.70* plus $0.80 8th term $ 16.60* plus $5.85 4th term $ 16.60* plus $1.17 9th term $ 18.35* plus $6.22 5th term $ 16.85* plus $1.19 10th term $ 21.62* plus $6.27
* This portion of the benefit is subject to same premium as overtime wages. 9-7/52
Mason - Building 02/01/2016
JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Building: 07/01/2015 01/01/2016
Wages per hour:
Mosaic & Terrazzo Mechanic $ 50.71 $ 51.08
Mosaic & Terrazzo Finisher 49.10 49.47 SUPPLEMENTAL BENEFITS Journeyworker: Per hour:
Mosaic & Terrazzo Mechanic $ 32.36 $ 33.14
Mosaic & Terrazzo Finisher 32.35 33.13 OVERTIME PAY See (A, *E, Q) on OVERTIME PAGE Double the rate after 10 hours on Saturday HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE Easter Sunday is an observed holiday.Holidays falling on a Saturday will be observed on that Saturday. Holidays falling on a Sunday will be celebrated on the Monday. REGISTERED APPRENTICES Wages per hour: (750 Hour) terms at the following wage rate.
1st 2nd 3rd 4th 5th 6th 7th 8th 07/01/2015 $ 25.35 $ 27.87 $ 30.42 $ 32.94 $ 35.49 $ 38.02 $ 43.08 $ 48.16 01/01/2016 25.54 28.09 30.65 33.20 35.76 38.31 43.42 48.53
Supplemental benefits per hour:
07/01/2015 $ 16.19 $ 17.81 $ 19.42 $ 21.05 $ 22.66 $ 24.28 $ 27.52 $ 30.75 01/01/2016 16.58 18.23 19.89 21.56 23.21 24.86 28.19 31.49 9-7/3
Mason - Building 02/01/2016
JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
Page 58 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
WAGES Per hour: 07/01/2015 01/01/2016
Marble, Stone,etc. Maintenance Finishers: $ 21.57 $ 21.76
Note 1: An additional $2.00 per hour for time spent grinding floor using "60 grit" and below. Note 2: Flaming equipment operator shall be paid an additional $25.00 per day. SUPPLEMENTAL BENEFITS Per Hour:
Marble, Stone, etc Maintenance Finishers: $ 12.20 $ 12.40 OVERTIME PAY See (B, *E, Q, V) on OVERTIME PAGE *Double hourly rate after 8 hours on Saturday HOLIDAY Paid: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE 1st term apprentice gets paid for all observed holidays. REGISTERED APPRENTICES WAGES per hour: (750 hour)terms at the 07/01/2015 01/01/2016 following percentage of journeyman's wage rate:
1st term 0-750 70% 2nd term 750-1500 74% 3rd trem 1501-2250 78% 4th term 2251-3000 82% 5th term 3001-3750 88% 6th term 3751-4500 96%
Supplemental Benefits: Per hour paid
1st term $ 11.92 $ 12.31 2nd term 11.93 12.31 3rd term 11.94 12.33 4th term 11.95 12.34 5th term 11.96 12.37 6th term 11.98 12.39 9-7/24M-MF
Mason - Building / Heavy&Highway 02/01/2016
JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2015 01/01/2016
Marble-Finisher $ 45.08 $ 45.35 SUPPLEMENTAL BENEFITS Journeyworker: per hour paid
Marble- Finisher $ 30.41 $ 31.04 OVERTIME PAY See (B, E, Q, V) on OVERTIME PAGE
Page 59 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
HOLIDAY Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE * Work beyond 8 hours on a Saturday shall be paid at double the rate. ** When an observed holiday falls on a Sunday, it will be observed the next day. 9-7/20-MF
Mason - Building / Heavy&Highway 02/01/2016
JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2015
Cement Mason $ 45.88
Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Friday. Any make-up day must be paid at the premium rate.
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 PW30R; and there must be a dispensation of hours in place on the project. If the PW30R is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per Hour:
Cement Mason $ 32.80 OVERTIME PAY See (*B1, E2, **Q, ***V) on OVERTIME PAGE * Applies to 9th and 10th hours on Saturday ** "Holidays" only for Building Construction *** Additional $10.18 to be added to all Time and a Half hours paid HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following Percentage of Journeyworkers Wage.
1st Term 50% 2nd Term 60% 3rd Term 70%
Supplement Benefits per hour paid:
1st Term $ 16.40 2nd Term 19.68 3rd Term 25.99 4-780
Mason - Building / Heavy&Highway 02/01/2016
JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES WAGES
NOTE: Shall include but not limited to Precast concrete slabs (London Walks) Marble and Granite pavers 2'x 2' or larger. Per Hour: 07/01/2015
Stone Setter $59.14
Stone Tender $41.11 SUPPLEMENTAL BENEFITS Page 60 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Per Hour:
Stone Setter $ 28.10 Stone Tender 18.37 OVERTIME PAY See (*C, **E, Q) on OVERTIME PAGE * On weekdays the eighth (8th) and ninth (9th) hours are time and one-half all work thereafter is paid at double the hourly rate. ** The first nine (9) hours on Saturday is paid at time and one-half all work thereafter is paid at double the hourly rate. HOLIDAY Paid: See (*18) on HOLIDAY PAGE Overtime: See (5, 6, 10) on HOLIDAY PAGE Paid: *Must work First 1/2. REGISTERED APPRENTICES Per Hour:
Stone Setter(800 hour) terms at the following Percentage of Stone Setters wage rate per hour:
1st 2nd 3rd 4th 5th 6th 50% 60% 70% 80% 90% 100%
Supplemental Benefits: All Apprentices $18.31 4-1Stn
Mason - Heavy&Highway 02/01/2016
JOB DESCRIPTION Mason - Heavy&Highway DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2015
Pointer, Caulkers & $ 47.41 Cleaners SUPPLEMENTAL BENEFITS Per Hour:
Pointer, Cleaners & $ 24.60 Caulkers OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour:
One (1) year terms at the following wage rates.
1st 2nd 3rd 4th $ 25.01 $ 27.25 $ 32.24 $ 38.66
Apprentices Supplemental Benefits: (per hour paid) $ 4.75 $ 9.70 $ 12.45 $ 12.45 4-1PCC
Operating Engineer - Building 02/01/2016
JOB DESCRIPTION Operating Engineer - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Putnam, Queens, Richmond, Westchester PARTIAL COUNTIES Dutchess: that part of Dutchess County lying south of the North City Line of the City of Poughkeepsie. Page 61 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
WAGES NOTE:Construction surveying Party chief--One who directs a survey party Instrument Man--One who runs the instrument and assists Party Chief. Rodman--One who holds the rod and assists the Survey Crew
Wages:(Per Hour) 07/01/2015 07/01/2016 An Additional Building Construction:
Party Chief $ 66.52 $ 2.64 Instrument Man $ 52.95 $ 2.25 Rodman $ 36.24 $ 1.78
Steel Erection:
Party Chief $ 67.76 $ 2.52
Instrument Man $ 54.07 $ 2.16 Rodman $ 38.11 $ 1.73
Heavy Construction-NYC counties only: (Foundation, Excavation.)
Party Chief $ 72.18 $ 2.80 Instument man $ 54.57 $ 2.30 Rodman $ 46.74 $ 2.08 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015 Steel Erection Only $ 19.80* + 6.65
All Other Classifications $ 20.05* + 6.65
* This portion subject to same premium as wages OVERTIME PAY See (A, B, E, Q) on OVERTIME PAGE Code "A" applies to Building Construction and has double the rate after 7 hours on Saturdays. Code "B" applies to Heavy Construction and Steel Erection and had double the rate after 8 hours on Saturdays. HOLIDAY Paid: See (5, 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 12, 25) on HOLIDAY PAGE 9-15Db
Operating Engineer - Building, Maintenance, Steel Erection & Heavy Construction 02/01/2016
JOB DESCRIPTION Operating Engineer - Building, Maintenance, Steel Erection & Heavy DISTRICT 9 Construction ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES STEEL ERECTION:
Group 1: Derrick, travelers, tower, crawler tower & climbing cranes
Group 2: Oiler (Truck Crane)
Group 3: Oiler (Crawler Crane)
BUILDING CONSTRUCTION:
Page 62 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Group 1: Installing, repairing, maintaining, dismantling of all equipment including Steel cutting& bending machines, mechanical heaters, mine hoists, climbing cranes, tower cranes, Linden Peine, Lorain, Liebherr, Mannes and machines of a similar nature;Well Point system, Deep Well pumps, Concrete mixers with loading devices, Concrete plants, motor generators (When used for temporary power and lights(Driving maintenance trucks and mounted-welded machines)-All Pumps(excluding River Cofferdam Pumps and Well Point Pumps), Motorized Concrete Buggies( When three or more are on jobsite), Skid-Steer and similar machines
Group 2:Maintenance of: Pumps, Generators,Mixers,Heaters
Group 3: Oilers of all gasoline, electric, deisel or air operated Gradalls; Concrete Pumps, Overhead Cranes in Power Houses,Assist in oiling, greasing and repairing of all machines, including: Driving Truck Cranes, Driving and operating Fuel and Grease Trucks, Cherry Pickers(Hydraulic Cranes) over 70,000 GVW and machines of a similar nature
Group 4: Oiler on Crawler Cranes, Backhoes, Trenching Machines, Gunite Machines, Compressors(3 or more in battery)
Group 5: Maintenance on Radiant Mechanical Heaters
HEAVY CONSTRUCTION (Excavation, Foundations, etc)
Group 1:Maintenance of: Generators, Light Towers
Group 2:Maintenance of: Pumps, Mixers including mudsucking
Group 3: Base Mounted Tower Cranes
Group 4: Installing, repairing, maintaining, dismantling(of all equipment including Steel cutting & Bending machines, Fusion Coupling Machines, Vermeer Trenching machines, on-site crushing plant, mechanical heaters(1 through 7),Mine hoists, Tower Cranes, Linden Peine, Lorrain, Lebherr, Mannes or machines of a similar nature, Wellpoints)-Driving maintenance trucks and truck mounted welding machines, burning, welding-operating of accumilator for shield-driven tunnels, in addition to the performance of other duties:Handling,installation, jointing, coupling of all perminent steel and plastic pipe. RIDE UPON MOLES-tunnel boring machines-MICRO TUNNELING SYSTEMS, All temporary pipefitting;When three or more motorized concrete buggies(Ride type)are utilized on the jobsite they shall be serviced, maintained and repaired by the maintenance engineer.The Operating Engineer on autogrades(C.M.I.)is to be assisted by the maintenance engineer who shall in addition perform other duties.
WAGES: Per hour: 07/01/2015 07/01/2016
Steel Erection: An additional
Group 1 $ 65.97 $ 2.52 Group 2 62.15 2.42 Group 3 48.84 2.06
Building Construction: Group 1 $ 63.08 $ 2.58 Group 2 50.42 2.22 Group 3 60.28 2.50 Group 4 46.41 2.11 Group 5 40.91 1.95
Heavy Construction: Group 1 $ 47.24 $ 2.13 Group 2 48.31 2.16 Group 3 87.74 3.28 Group 4 68.31 2.73 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015
All Classifications $ 21.25* plus $6.90
* This portion of benefits subject to same premium as wages. OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 11, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE
Page 63 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
REGISTERED APPRENTICES Wages Per Hour:
( 1 ) year terms at the following wage rates:
Apprentices: 1st 2nd 3rd 4th.
07/01/2015 $29.80 $35.80 $38.76 $41.72
Supplemental Benefits: Per Hour: All Apprentices: $ 9.50* Plus 6.90 * This portion of benefits subject to same premium as wages. 9-15Ab
Operating Engineer - Building / Heavy&Highway 02/01/2016
JOB DESCRIPTION Operating Engineer - Building / Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES EQUIPMENT COVERED: Jet-Rodder/Vacuum Truck, Flusher, Sewer Rodder, Stetco Hoist and similar, Sewer Winch/Tugger Hoist and similar, Vacall/Vactor, Closed Circuit Television Inspection Equipment, Chemical Grouting Equipment and similar, John Beame, Meyers and similar.
Per Hour: 07/01/2015 07/01/2016 An Additional Maintenance Engineer $ 68.31 $ 2.73 (Sewer Systems) SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015
Journeyman $ 21.25* plus $ 6.90 *This porion of benefits subject to same premium as wages. OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 11, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour:
( 1 ) year terms at the following wage rates.
1st 2nd 3rd 4th $29.80 $35.80 $38.76 $41.72
Suppllemental Benefits: Per Hour:
All Apprentices: $ 9.50*plus an additional $ 6.90 * This portion of benefits subject to the same premium as overtime wages 9-15Sewer
Operating Engineer - Building & Steel Erection 02/01/2016
JOB DESCRIPTION Operating Engineer - Building & Steel Erection DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per Hour: 07/01/2015 STEEL ERECTION: Page 64 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
Three Drum Derricks $ 83.85 Cranes,Two Drum Derricks, Hydraulic Cranes & Fork Lifts, Boom Trucks $ 80.82 Compressors, Welding Machines, Bridge Inspection Machines, Moog and machines of a similar nature) $ 50.54 Compressors(Not combined with welding machines) $ 48.43
BUILDING CONSTRUCTION: Cranes, Stone Derrick, Boom Trucks, Hydraulic Cranes $ 80.36 Double Drum $ 76.21 4 Pole Hoists and Single Drum Hoists $ 73.82 Fork Lifts,Plaster(Platform Machine)Plaster Bucket, Concrete Pumps and all other equipment used for hoisting $ 67.72 House Cars and Rack & Pinion $ 59.99 *House Cars (New Projects) $ 49.15 Erecting and dismantling Cranes $ 74.54
Compressors, Welding Machines(Cutting Concrete-Tank Work), Paint Spraying, Sand Blasting, Pumps(With the exclusion of concrete pumps), House Car (Settlement basis only), All Engines irrespective of power(Power-Vac)used to drive auxiliary equipment Air, Hydraulic,etc.,Boilers, Jacking System $ 52.30
*APPLIES TO PROJECTS STARTED AFTER 07/01/2011.
APPLICABLE TO ALL CATEGORIES: CRANES: Crawler Or Truck In Addition To Above Crane Rates 100' to 149' Boom $ 1.75/hr 150' to 249' " 2.00/hr 250' to 349' " 2.25/hr 350' to 450' " 2.75/hr Tower Crane 2.00/hr SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015
All Operator Classes $ 20.20* plus $ 5.70
* This portion of the benefits is subject to the same premium as shown for overtime wages. OVERTIME PAY See (*C, **D, O) on OVERTIME PAGE *Applies to Building Construction category **Applies to Steel Erection HOLIDAY Paid: See (5, 6, 7, 8, 11, 12, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 8, 11, 12, 16) on HOLIDAY PAGE Codes 8 and 12 apply ONLY to Steel Erection Code 16 applies ONLY to Building Construction REGISTERED APPRENTICES Wage Per Hour:
Apprentices (1) year terms at the following rates:
1st 2nd 3rd $35.79 $43.13 $50.47
Supplemental Benefits Per Hour:
Straight Time $ 9.95*
Page 65 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County plus $ 5.70 * This portion of benefits subject to the same premium as shown for overtime wages. 9-14 B&S
Operating Engineer - Heavy Construction 1 02/01/2016
JOB DESCRIPTION Operating Engineer - Heavy Construction 1 DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES (For Groups 23 - 28, see Operating Engineer - Heavy Construction 2)
Group 1: Tower Crane/Climbing Crane
Group 2: Backhoes ( Including all track and rubber tire backhoes over 37,000 lbs), Power Shovels, Steel Erection:Hydraulic Clam Shells,Moles and machines of a similar nature
Group 3: Mine Hoists, Cranes, etc, used as Mine Hoists
Group 4: Gradalls, Keystones, Cranes (With digging buckets), Bridge Cranes, Trenching Machines, Vermeer Cutter and machines of a similar nature
Group 5: Pile Drivers and Rigs (Employing Dock-Builders Foreman), Derrick Boats, Tunnel Shovels,
Group 6: All Drills and machines of a similar nature
Group 7: Back-Filling Machines and Cranes, Mucking Machines, Dual Drum Pavers
Group 8: Mixers (Concrete with loading attachment), Concrete Pavers, Cableways, Land Derricks, Power House (Low pressure units)
Group 9: Concrete Pumps, Concrete Plant, Stone Crushers, Double Drum Hoists, Power Houses (Other than above)
Group 10: Concrete Mixer
Group 11: Elevators
Group 12: Concrete Breaking Machines, Single Drum Hoists, Load Masters, Locomotives and Dinkies (Over 10 tons), Hydraulic Crane- Second Engineer
Group 13: On-Site Concrete Plant Engineers, On-Site Asphalt Plant Engineer and Vibratory Console
Group 14: Barrier Mover, Barrier Transport and machines of a similar nature
Group 15: Compressors (Portable, 3 or more), Truck Compressor (Engineer Driver), Tugger Machines, Well Point Pumps, Chum Drill
Group 16: Boilers(High pressure),Compressors, Pumps(River Cofferdam) and Welding Machines(except where arc is operated by another Operating Engineer) Push Button Machines, All Engines,irrespective of power(Power Pac) used to drive auxiliary equipment, Air, Hydraulic, etc.
Group 17: Utility-Horizontal Boring Rig
Group 18: Utility Compressors
Group 19: Paving-Asphalt Spreader, Autogrades (C.M.I.), Roto-Mill
Group 20: Paving-Asphalt Roller
Group 21 Paving-Asphalt Plant
Group 22: Roller (non paving, all sizes)
WAGES:(per hour) 07/01/2015
Group 1 $ 96.54 Group 2 80.74 Group 3 83.12 Group 4 81.29 Page 66 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Group 5 79.81 Group 6 76.87 Group 7 78.20 Group 8 76.14 Group 9 74.64 Group 10 71.65 Group 11 67.34 Group 12 68.70 Group 13 69.19 Group 14 62.70 Group 15 53.73 Group 16 50.36 Group 17 72.71 Group 18 50.08 Group 19 76.14 Group 20 74.32 Group 21 63.85 Group 22 74.32
Cranes: Crawler or Truck 100' to 149' $0.50 per hour additional to above Crane Rates 150' to 249' $0.75 per hour additional to above Crane Rates 250' to 349' $1.00 per hour addiiional to above crane Rates 350' to 450' $1.50 per hour additional to above crane Rates SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015 Groups 1-22 Regular Time $ 20.20* plus $ 5.70
* This portion of benefits subject to the same premium as shown for wages. OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 11, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: ( 1 ) year terms at the following wage rates:
1st 2nd 3rd Groups 1-22 $35.79 $43.13 $50.47
Supplemental Benefits: Per Hour: Groups 1-22 Regular Time $ 9.95* plus $ 5.70
* This portion of benefits is subject to the SAME PREMIUM as shown for overtime wages 9-14 HC
Operating Engineer - Heavy Construction 2 02/01/2016
JOB DESCRIPTION Operating Engineer - Heavy Construction 2 DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES (For Groups 1 - 22, see Operating Engineer - Heavy Construction 1)
Group 23: Cherry Picker (Over 20 tons), Loader (Over 6 yards)
Group 24: Backhoes and Loaders (Up to 37,000lbs), Bulldozers, Scrapers, Turn-A-Pulls, Tugger Hoists, Tractors, Hysters, Rooustabout Cranes, Conveyers, Balast Regulators (Ride On), Track Removal Machine or similar, Motor Graders, Locomotives (10 tons and under),Curb & Gutter Pavers and machines of a similar nature
Page 67 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Group 25:Post Hole Digger,Ditch Winch, Road Finishing Machines, Rollers (5 tons and under, Dual Purpose Trucks,Forklifts, Dempsey Dumpsters, Fireman
Group 26: Oiler ( Gradalls, Concrete Pumps, Cold Planers Grader)
Group 27: Oiler (Crawler Cranes, Backhoes, Trenching Machines, Compressors (3 or more in battery)
Group 28:Steam Equipment Operator ( Water rigs, steam shovels, power boilers, derrick boats)
WAGES:(per hour) 07/01/2015
Group 23 $70.51 Group 24 68.60 Group 25 65.40 Group 26 62.22 Group 27 44.99 Group 28 65.40
Cranes: Crawler or Truck 100' to 149' $0.50 per hour additional to above Crane Rates 150' to 249' $0.75 per hour additional to above Crane Rates 250' to 349' $1.00 per hour addiiional to above crane Rates 350' to 450' $1.50 per hour additional to above crane Rates SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015
Groups 23-28 Regular Time $ 21.25* plus $6.90
* This portion of benefits subject to the same premium as shown for wages. OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 11, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: ( 1 ) year terms at the following wage rates:
1st 2nd 3rd 4th Groups 23-28 $29.80 $35.80 $38.76 $41.72
Supplemental Benefits: Per Hour: Groups 23-28
Regular Time $ 9.50* plus $ 6.90
* This portion of benefits is subject to the SAME PREMIUM as shown for overtime wages 9-15 HC
Operating Engineer - Marine Construction 02/01/2016
JOB DESCRIPTION Operating Engineer - Marine Construction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, 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: DREDGING OPERATIONS 07/01/2015 CLASS A Operator, Leverman, $ 35.63 Lead Dredgeman
Page 68 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
CLASS A1 To conform to Operating Engineer Dozer,Front Loader Prevailing Wage in locality where work Operator is being performed including benefits.
CLASS B Spider/Spill Barge Operator, $ 30.81 Tug Operator(over1000hp), OperatorII, Fill Placer, Derrick Operator, Engineer, Chief Mate, Electrician, Chief Welder, Maintenance Engineer
Certified Welder, $ 29.01 Boat Operator(licensed)
CLASS C Drag Barge Operator, $ 28.22 Steward, Mate, Assistant Fill Placer,
Welder (please add)$ 0.06
Boat Operator $ 27.30
CLASS D Shoreman, Deckhand, $ 22.68 Rodman, Scowman, Cook, Messman, Porter/Janitor
Oiler(please add)$ 0.09 SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES
07/01/2015 All Classes A & B $ 9.99 plus 8% of straight time wage, Overtime hours add $ 0.63
All Class C $ 9.69 plus 8% of straight time wage, Overtime hours add $ 0.48
All Class D $ 9.39 plus 8% of straight time wage, Overtime hours add $ 0.33 OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 15, 26) on HOLIDAY PAGE 4-25a-MarConst
Operating Engineer - Survey Crew - Consulting Engineer 02/01/2016
JOB DESCRIPTION Operating Engineer - Survey Crew - Consulting Engineer DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: That part in Duchess County lying South of the North City line of Poughkeepsie. WAGES Page 69 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Feasibility and preliminary design surveying, any line and grade surveying for inspection or supervision of construction.
Per hour: 07/01/2015 07/01/2016 Survey Classifications An Additional
Party Chief $ 37.04 $ 2.24 Instrument Man 30.59 1.98 Rodman 26.52 1.82
SUPPLEMENTAL BENEFITS Per Hour:
All Crew Members: $ 19.10 OVERTIME PAY OVERTIME:.... See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAY Paid: See (5, 6, 7, 11, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE 9-15dconsult
Painter 02/01/2016
JOB DESCRIPTION Painter DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2015
Brush $ 43.75
Abatement/Removal of lead based 43.75 or lead containing paint on materials to be repainted.
Spray & Scaffold 46.75 Fire Escape 46.75
Decorator 46.75
Paperhanger/Wall Coverer 41.08
SUPPLEMENTAL BENEFITS Per hour worked: 07/01/2015
Paperhanger $ 29.33 All others 20.97 Premium* 23.47*
*Applies only to "All others" catergory,not paperhanger journeyman. OVERTIME PAY See (A, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Indentured after 5/31/93 ( 1 ) year terms at the following wage rate. (per hour) 07/01/2015 Appr 1st term... $ 16.55 Appr 2nd term... 21.66 Appr 3rd term... 26.24 Appr 4th term... 35.02
Page 70 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Spplemental benefis: (per Hour worked) Appr 1st term... $ 10.23 Appr 2nd term... 12.92 Appr 3rd term... 15.20 Appr 4th term... 19.70 8-NYDC9-B/S
Painter 02/01/2016
JOB DESCRIPTION Painter DISTRICT 8 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond PARTIAL COUNTIES Nassau: Atlantic Beach, Ceaderhurst, East Rockaway,Hewlett, Hewlett Bay, Hewlett Neck, Hewlett Park, Inwood, Lawrence, Lido Beach, Long Beach, parts of Lynbrook, parts of Oceanside, parts of Valley Stream, and Woodmere. Starting on South side of Sunrise Hwy in Valley Stream running east to Windsor and Rockaway Ave, Rockville is the boundary line up to Lawson Blvd, turning right going west all the above territory. Starting at Union Turnpike &Lakeville Rd going north to northern Blvd. the west side of Lakeville Rd to Northern Blvd. At Northern Blvd doing east the district north of Northern blvd to Port Washington blvd. West of Port Washington blvd to St.Francis Hospital then north of first traffic light to Port Washington & Sands Point, Manor Haven, & Harbour Acres. WAGES Per hour: 07/01/2015 12/30/2015 06/29/2016
Drywall Taper $ 50.48 $ 50.98 $ 51.48 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015 12/30/2015 06/29/2016
Journeyworker: $ 18.97 $ 18.97 $ 18.97 OVERTIME PAY See (A, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 6, 8, 11, 18, 19, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour:
12 months' terms(year consists of 1500 hours).
07/01/2015 12/30/2015 06/29/2016 1st year $ 20.19 $ 20.39 $ 20.59 2nd year $ 30.29 $ 30.59 $ 30.89 3rd year $ 40.38 $ 40.78 $ 41.18
Supplemental Benefits per hour worked:
One (1) year term at the following dollar amount:
1st term $ 10.25 $ 10.25 $ 10.25 2nd term $ 16.43 $ 16.43 $ 16.43 3rd term $ 19.25 $ 19.25 $ 19.25
8-NYC9-1974-DWT
Painter - Bridge & Structural Steel 02/01/2016
JOB DESCRIPTION Painter - Bridge & Structural Steel DISTRICT 8 ENTIRE COUNTIES Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, Westchester WAGES Per Hour Worked: STEEL: Bridge Painting: 07/01/2015 10/01/2015
Page 71 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
From May 1st to Nov. 15th - $ 48.00 $ 49.00 + 5.63* + 6.13* From Nov. 16th to April 30th - $ 48.00 $ 49.00 + 5.63* + 6.13*
*Not subject to overtime and limited to first 40 hours NOTE: All premium wages are to be calculated on $48.00 or $49.00 per hour only.
EXCEPTION: During the period of May 1st to November 15th, for the first and last week of employment on the project, and for the weeks of Memorial Day, Independence Day and Labor Day, this rate shall be paid for the actual number of hours worked.
Power Tool/Spray is an additional $6.00 per hour above hourly rate, whether straight time or overtime
NOTE: Generally, 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. SUPPLEMENTAL BENEFITS Per Hour Worked: Journeyworker: 07/01/2015 10/01/2015
From May 1st to Nov. 15th - Hourly Rate up to 40 hours $ 28.95 $ 29.95 Hourly Rate after 40 hours 7.50 7.50 From Nov. 16th to April 30th - Hourly Rate up to 50 hours 28.95 29.70 Hourly Rate after 50 hours 7.50 7.50
EXCEPTION: During the period of May 1st to November 15th, for the first and last week of employment on the project, and for the weeks of Memorial Day, Independence Day and Labor Day, this rate shall be paid for the actual number of hours worked. OVERTIME PAY See (A, F, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 6) on HOLIDAY PAGE REGISTERED APPRENTICES (Wage per hour Worked):
Apprentices: (1) year terms 07/01/2015 10/01/2015 1st 90 days $ 21.45 $ 22.05 1st year after 90 days 21.45 22.05 2nd year 32.18 33.08 3rd year 42.90 44.10
Supplemental Benefits per hour worked: 07/01/2015 10/01/2015
1st 90 days $ 8.83 $ 9.23
1st year after 90 days 11.58 11.98
2nd year 17.37 17.97 3rd year 23.16 23.96 8-DC-9/806/155-BrSS
Painter - Line Striping 02/01/2016
JOB DESCRIPTION Painter - Line Striping DISTRICT 8 ENTIRE COUNTIES Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, Westchester WAGES Per hour:
Page 72 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
Painter (Striping-Highway): 07/01/2015
Striping-Machine Operator* $ 27.11 Linerman Thermoplastic $ 32.37
Note: * Includes but is not limited to: Positioning of cones and directing of traffic using hand held devices. Excludes the Driver/Operator of equipment used in the maintenance and protection of traffic safety
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 PW30R; and there must be a dispensation of hours in place on the project. If the PW30R is not submitted you may be liable for overtime payments for work over 8 hours per day. SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2015 Journeyworker:
Striping-Machine operator $ 14.18 Linerman Thermoplastic $ 14.55 OVERTIME PAY See (B, E, E2, F, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 20) on HOLIDAY PAGE Overtime: See (5, 8, 11, 12, 15, 16, 17, 20, 21, 22) on HOLIDAY PAGE 8-1456-LS
Painter - Metal Polisher 02/01/2016
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 07/01/2015 06/01/2016 06/01/2017
Metal Polisher $ 28.07 $ 28.88 $ 29.73 Metal Polisher** 29.02 29.83 30.68 Metal Poilsher*** 31.57 32.38 33.23
**Note: Applies on New Construction & complete renovation *** Note: Applies when working on scaffolds over 34 feet. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015 06/01/2016 06/01/2017
Journeyworker: All classification $ 9.12 $ 9.26 $ 9.41 OVERTIME PAY See (B, E, E2, 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:
07/01/2015 06/01/2016
1st year $ 11.75 $ 11.75 2nd year 13.00 13.00 3rd year 15.75 15.75
Page 73 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Supplentals benefits: Per hour paid:
1st year $ 6.26 $6.26 2nd year 6.37 6.37
3rd year 6.51 6.51
8-8A/28A-MP
Plasterer 02/01/2016
JOB DESCRIPTION Plasterer DISTRICT 9 ENTIRE COUNTIES Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New York: Includes work in all islands in New York City, except Manhattan WAGES Per hour: 07/01/2015 Building: Plasterer/Traditional $ 35.53 SUPPLEMENTAL BENEFITS Per hour worked: Journeyworker $ 21.80 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour) (1) year terms at the following % of Journeyworkers wage rate:
First year: 1st 6 months 40% 2nd 6 months 45%
Second year: 1st 6 months 55% 2nd 6 months 60%
Third year: 1st 6 months 70% 2nd 6 months 75%
Supplemental Benefits: (per hour paid): 6 month terms:
1st six months $ 8.37 2nd six months $ 9.35 3rd six months $ 11.35 4th six months $ 12.33 5th six months $ 14.33 6th six months $ 15.33 9-262-Z1
Plumber 02/01/2016
JOB DESCRIPTION Plumber DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Page 74 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Per hour worked: 07/01/2015 10/01/2015 01/01/2016 04/01/2016 Additional Plumber $ 65.55 $ 65.95
Temporary Service** 52.22 52.54
Repairs &Maintenance*** 39.55 $ 39.70 $ 1.00
** Temporary Service- Includes Maintenance of cooling & heating apparatus, maintenance work on pneumatic systems during the construction period, and work on temporary heat. All hours paid at straight time, including holidays.
***THERE ARE NO HELPERS UNDER THIS CLASSIFICATION; WHEN USING APPRENTICES, MUST FOLLOW RATIO FOR PLUMBERS
***Repair & Maintenance work is any repair and/or replacement of present plumbing system that does not change existing roughing or water supply lines.
On tower work, bridges, elevated highway, or buildings, where pipe is being installed, fifty (50) or more feet vertically in a free drop from its base,an additional $1.00 per hour.
SHIFT WORK: Shift work,when directly specified in public agency or authority contract documents, and continues for a period of not less than ten (10) consecutive work days. A shift shall consist of seven(7) hours with one-half (1/2) hour for lunch after the first four (4) hours of each shift. A premium of thirty percent (30%) for wages and supplemental benefits on shift work performed Monday through Friday on the 4 P.M.and midnight shifts. For shift work performed on weekends the shift premium shall be fifty percent (50%) of wages and supplemental benefits. For shift work performed on holidays designated below, double time wages and supplemental benefits shall be paid. Also noted that the normal workday Monday through Friday 8:00 A.M. to 3:00 P.M. is not considered shift work, and therefore not subject to shift premium. SUPPLEMENTAL BENEFITS Per hour worked:
Plumber $ 28.10 $ 29.00
Temporary Service 22.00 22.72
Repair & Maintenance 13.31 $ 13.91
OVERTIME PAY Plumber See ( C, O, V ) on OVERTIME PAGE. Repairs & Maintenance See ( B, H ) on OVERTIME PAGE.
When calculating premium pay, subtract $ 0.33 from regular hourly wage rate for Plumber Classification and Repairs & Maintenance, subtract $ 0.31 from regular hourly wage for Temporary Service. HOLIDAY Plumber Overtime: See ( 5, 6, 11, 15, 16, 25 ) on HOLIDAY PAGE. Repairs & Maintenance Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 25 ) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour:
(1/2) year terms at the following wage: 1st&2nd 3rd&4th 5th&6th 7th&8th 9th 10th
07/01/2015 $ 14.28 $ 24.15 $ 26.25 $ 29.10 $ 30.50 $ 42.57 01/01/2016 14.28 24.35 26.45 29.30 30.70 42.77
Supplemental Benefits per hour paid: (1/2) year term at the following dollar amount:
Page 75 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County 1st 2nd 3rd-10th 07/01/2015 $ .43 $ 2.68 $ 12.48 01/01/2016 .43 2.68 12.93
Note: The Repairs & Maintenance Category has NO Apprentices. 9-1
Roofer 02/01/2016
JOB DESCRIPTION Roofer DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, New York, Orange, Putnam, Queens, Richmond, Rockland, Sullivan, Ulster, Westchester WAGES Per Hour: 07/01/2015
Roofer/Waterproofer $ 42.20
Note: Abatement/Removal of Asbestos containing roofs and roofing material is classified as Roofer. SUPPLEMENTAL BENEFITS Journeyworker $ 28.93 OVERTIME PAY See (B, H) on OVERTIME PAGE Note: An observed holiday that falls on a Sunday will be observed the following Monday. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following percentage of Journeyworkers hourly wage. 1st 2nd 3rd 4th 35% 50% 60% 75%
Supplements per hour paid at the following rates: 1st 2nd 3rd 4th $ 2.70 $ 14.76 $ 17.59 $ 21.85 9-8R
Sheetmetal Worker 02/01/2016
JOB DESCRIPTION Sheetmetal Worker DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2015 08/01/2015
Sheetmetal Worker $ 50.91 $ 51.85 Temporary Operation or Maintenace of Fans 41.52 42.46 SUPPLEMENTAL BENEFITS Per Hour: Sheetmetal Worker $ 42.60 $ 43.54 Maintenance Worker 42.60 43.54 OVERTIME PAY See (A, E, E2, Q, V) on OVERTIME PAGE For Maintenance See Codes B,E, Q & V HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES
Page 76 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County Per Hour:Wages
Six(6) Month Terms As Follows:
1st Term $ 17.83 $ 18.19 2nd Term 17.83 18.19 3rd Term 22.91 23.36 4th Term 22.91 23.36 5th Term 28.00 28.54 6th Term 30.55 28.54 7th Term 35.64 36.32 8th Term 38.18 38.90 9th Term 40.73 41.49
Per Hour: Supplemental Benifits
1st Term $ 15.76 $ 15.98 2nd Term 15.76 15.98 3rd Term 21.80 22.13 4th Term 21.80 22.13 5th Term 25.58 26.03 6th Term 27.49 26.03 7th Term 31.27 31.87 8th Term 33.17 33.85 9th Term 35.07 35.79 4-28
Sheetmetal Worker 02/01/2016
JOB DESCRIPTION Sheetmetal Worker DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per Hour: 07/01/2015
Sign Erector $ 45.60
NOTE: Structurally Supported Overhead Highway Signs(See STRUCTAL IRON WORKER CLASS) SUPPLEMENTAL BENEFITS Per Hour: 07/01/2015
Sign Erector $ 40.25 OVERTIME PAY See (A, F, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 10, 11, 12, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 10, 11, 12, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: 6 month Terms at the following percentage of Sign Erectors wage rate:
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 35% 40% 45% 50% 55% 60% 65% 70% 75% 80%
SUPPLEMENTAL BENEFITS Per Hour:
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th $11.08 $12.55 $14.04 $15.51 $21.93 $23.86 $26.46 $28.45 $30.42 $32.40
4-137-SE
Steamfitter 02/01/2016
Page 77 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County JOB DESCRIPTION Steamfitter DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2015
Steam/Sprinkler $ 61.06 Fitter
Temporary $ 46.42 Heat & AC
NOTE: Add 30% to Hourly Wage for "Contracting Agency" Mandated Off Shift Work. SUPPLEMENTAL BENEFITS Per Hour:
Steam/Sprinkler $ 47.27 Fitter
Temporary $ 38.78 Heat & AC OVERTIME PAY See (C, *D, O, V) on OVERTIME PAGE (*D) On all HVAC and Mechanical contracts that do not excedd $15,000,000. and on all fire protection/sprinklet contracts that do not exceed $1,500,000. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 1 year Terms at the Following:
WAGES per hour:
1st Term 2nd Term 3rd Term 4th Term 5th Term $ 24.46 $ 30.56 $ 39.71 $ 48.86 $ 51.91 SUPPLEMENTAL BENEFIT Per Hour:
1st Term 2nd Term 3rd Term 4th Term 5th Term $ 19.30 $ 23.92 $ 30.81 $ 37.72 $ 40.02 4-638A-StmSpFtr
Steamfitter 02/01/2016
JOB DESCRIPTION Steamfitter DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2015
AC Service/Heat Service $ 39.25 Steamfitter Maintenance
Refrigeration, A/C, Oil Burner and Stoker Service and Repair. Refrigeration Compressor installation up to 5hp (combined). Air Condition / Heating Compressor installation up to 10hp (combined).
SUPPLEMENTAL BENEFITS Per Hour
AC Service/Heat Service $ 10.75 Steamfitter Maintenance OVERTIME PAY See (B, E, Q) on OVERTIME PAGE
Page 78 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041 Queens County
HOLIDAY Paid: See (5, 6, 11, 15, 25, 26) on HOLIDAY PAGE 4-638B-StmFtrRef
Teamster - Heavy Construction 02/01/2016
JOB DESCRIPTION Teamster - Heavy Construction DISTRICT 4 ENTIRE COUNTIES Bronx, Kings, New York, Queens, Richmond WAGES Per Hour:
Dump Trucks/Drivers (Debris Removal, Street Level and below)
07/01/2015
Dump Trucks $ 39.525 Tractor Trailers $ 39.495 Euclid/Turnapull $ 40.06 SUPPLEMENTAL BENEFITS Per Hour:
Dump Trucks Up to 40 Hours Worked $ 41.5925 Over 40 Hours Worked $ 14.90
ALL OTHERS Up to 40 Hours Worked $ 43.3525 Over 40 Hours Worked $ 16.65
OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE Note: Employees receive 2 hours of Holiday Pay for each day worked in holiday week (not to exceed 8 hours) 4-282
Welder 02/01/2016
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 07/01/2015
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
Page 79 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041
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, if worked
Page 80 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041
( 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, if worked
( U ) Four times the hourly rate for Holidays, if worked
( V ) Including benefits at SAME PREMIUM as shown for overtime
( W ) Time and one half for benefits on all overtime hours.
Page 81 Prevailing Wage Rates for 07/01/2015 - 06/30/2016 Published by the New York State Department of Labor Last Published on Feb 01 2016 PRC Number 2016001041
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
Page 82 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
PRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY Telephone: Fax: ( ) ( ) 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
PW-39 (04.11) SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work - Debarment List
LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT
Under Article 8 and Article 9 of the NYS Labor Law, a contractor, sub-contractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any public work or public building service contract/sub-contract with the state, any municipal corporation or public body for a period of five (5) years from the date of debarment when:
• Two (2) final determinations have been rendered within any consecutive six-year (6) period determining that such contractor, sub-contractor and/or its successor has WILLFULLY failed to pay the prevailing wage and/or supplements • One (1) final determination involves falsification of payroll records or the kickback of wages and/or supplements
NOTE: The agency issuing the determination and providing the information, is denoted under the heading ‘Fiscal Officer’. DOL = NYS Dept. of Labor; NYC = New York City Comptroller's Office; AG = NYS Attorney General’s Office; DA = County District Attorney’s Office.
A list of those barred from bidding, or being awarded, any public work contract or subcontract with the State, under section 141-b of the Workers' Compensation Law, may be obtained at the following link, on the NYS DOL Website: https://dbr.labor.state.ny.us/EDList/searchPage.do
NYSDOL Bureau of Public Work Debarment List 01/25/2016 Article 8
AGENCY Fiscal Officer FEIN EMPLOYER NAME EMPLOYER ADDRESS DEBARMENT DEBARMENT DBA NAME START DATE END DATE DOL DOL 4618 FOSTER AVE LLC C/O KAHAN & KAHAN 02/05/2013 02/05/2018 225 BROADWAY-SUITE 715NEW YORK NY 10007 DOL DOL *****0996 A-1 CONSTRUCTION & 1973 81ST ST - SUITE A-5 01/08/2015 01/08/2020 RENOVATION INC BROOKLYN NY 11214 DOL NYC *****4486 ABBEY PAINTING CORP 21107 28TH AVENUE 07/02/2012 07/02/2017 BAYSIDE NY 11360 DOL DOL *****9095 ABDO TILE CO 6179 EAST MOLLOY ROAD 06/25/2010 07/02/2017 EAST SYRACUSE NY 13057 DOL DOL *****9095 ABDO TILE COMPANY 6179 EAST MOLLOY ROAD 06/25/2010 07/02/2017 EAST SYRACUSE NY 13057 DOL NYC ABDUL KARIM C/O NORTH AMERICAN IRON 05/15/2015 05/15/2020 W 1560 DECATUR STREETRIDGEWOOD NY 11385 DOL DOL *****8488 ABELCRAFT OF NEW YORK 640 ASHFORD AVENUE 08/27/2013 08/27/2018 CORP ARDSLEY NY 10502 DOL DOL *****1219 ABSOLUTE GENERAL 1229 AVENUE U 01/28/2013 01/28/2018 CONTRACTING INC BROOKLYN NY 11229 DOL DOL *****4539 ACCOMPLISHED WALL 112 OSCAWANA HEIGHTS 08/27/2013 08/27/2018 SYSTEMS INC ROAD PUTNAM VALLEY NY 10542 DOL DOL *****8018 ACCURATE MECHANICAL LLC 9547 BUSTLETON AVENUE 02/05/2014 02/05/2019 PHILADELPHIA PA 19115 DOL DOL ACCURATE MECHANICAL OF 9547 BUSTLETON AVENUE 02/05/2014 02/05/2019 PHILADELPHIA LLC PHILADELPHIA PA 19115 DOL DOL *****7584 ADAM'S FLOOR COVERING 2718 CURRY ROAD 07/08/2010 02/15/2017 LLC SCHENECTADY NY 12303 DOL DOL ADESUWA UWUIGBE P O BOX 21-1022 05/16/2012 05/16/2017 BROOKLYN NY 11221 DOL NYC ADRIANA SELA C/O COLONIAL 247 48TH STREET 02/05/2014 02/05/2019 ROOFING BROOKLYN NY 11220 COMPANY INC DOL DOL *****6367 ADVANCED METALS 387 RIVERSIDE DRIVE 10/01/2012 10/01/2017 JOHNSON CITY NY 13790 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 *****2538 AGG MASONRY INC 160 72ND ST - SUITE 721 03/19/2013 03/19/2018 BROOKLYN NY 11209 DOL DOL ALBERT CASEY 43-28 54TH STREET 07/01/2011 07/01/2016 WOODSIDE NY 11377 DOL DOL ALEJANDRO MATOS C/O SEVEN STAR ELECTRICAL 06/27/2011 06/27/2016 23-24 STEINWAY STREETASTORIA NY 11105 DOL DOL ALISHER KARIMOV C/O AGG MASONRY INC 03/19/2013 03/19/2018 7105 3RD AVENUEBROOKLYN NY 11209 DOL DOL *****8740 ALLSTATE ENVIRONMENTAL C/O JOSE MONTAS 03/18/2011 03/19/2020 CORP 27 BUTLER PLACEYONKERS NY 10710 DOL DOL *****4274 AMERICAN STEEL 693 PAINTER STREET 02/20/2013 02/20/2018 MECHANICAL INC MEDIA PA 19063 DOL NYC ANDERSON LOPEZ 670 SOUTHERN BLVD 06/14/2011 06/14/2016 BRONX NY 10455 DOL DOL ANDREW DIPAUL C/O CONSOLIDATED 12/11/2012 12/11/2017 INDUSTRI 2051 ROUTE 44/55MODENA NY 12548 DOL NYC ANDRZEJ WROBEL 24 CONGRESS LANE 05/01/2013 05/01/2018 SOUTH RIVER NJ 08882 DOL NYC ANISUL ISLAM C/O RELIANCE GENERAL 09/02/2015 09/02/2020 CONS 644 OCEAN PARKWAYBROOKLYN NY 11230 DOL DOL *****7004 ANNEX CONTRACTING LTD 3005 WYNSUM AVENUE 08/18/2014 08/18/2019 MERRICK NY 11566 DOL DOL *****7004 ANNEX GENERAL 3005 WYNSUM AVENUE 08/18/2014 08/18/2019 CONTRACTING INC MERRICK NY 11566 DOL DA ANTHONY CARDINALE 58-48 59TH STREET 05/16/2012 05/08/2020 MASPETH NY 11378 DOL DOL ANTHONY J MINGARELLI JR C/O T & T CONCRETE INC 07/08/2015 07/08/2020 2560 HAMBURG TURNPIKELACKAWANNA NY 14218
Page 1 of 13 NYSDOL Bureau of Public Work Debarment List 01/25/2016 Article 8
DOL DOL *****3020 APCO CONTRACTING CORP 24 SOUTH MARYLAND 09/24/2012 09/02/2020 AVENUE PORT WASHINGTON NY 11050 DOL DOL *****3219 APOLLO CONSTRUCTION APOLLO 157 TIBBETTS ROAD 03/12/2014 03/12/2019 SERVICES CORP PAINTING CO YONKERS NY 10705 DOL DOL APOLLO PAINTING CO 157 TIBBETTS ROAD 03/12/2014 03/12/2019 YONKERS NY 10705 DOL DOL *****3295 APOLLO PAINTING CORP 3 ALAN B SHEPART PLACE 03/12/2014 03/12/2019 YONKERS NY 10705 DOL AG *****0194 APPLIED CONSTRUCTION INC 46 RUGBY ROAD 11/20/2013 11/20/2018 WESTBURY NY 11590 DOL NYC *****8403 AQUA JET PAINTING CORP 10 VIKING DRIVE 04/16/2014 04/16/2019 WEST ISLIP NY 11795 DOL NYC *****9232 ARKAY CONSTRUCTION INC 102-104 GREYLOCK AVENUE 07/15/2015 07/15/2020 BELLEVILLE NJ 07109 DOL DOL *****3953 ASCAPE LANDSCAPE & 634 ROUTE 303 07/26/2012 11/19/2018 CONSTRUCTION CORP BLAUVELT NY 10913 DOL NYC *****4779 ASTORIA GENERAL 35-34 31ST STREET 09/02/2015 09/02/2020 CONTRACTING CORP LONG ISLAND CITY NY 11106 DOL NYC AUDLEY O'BRIEN 1273 NORTH AVENUE/#1 CP 04/07/2015 04/07/2020 NEW ROCHELLE NY 10804 DOL DOL AVIS R HILL 3510 HICKORY WALK LANE 01/22/2015 01/22/2020 ELLENWOOD GA 32094 DOL DOL *****2534 B & B CONCRETE 55 OLD TURNPIKE ROAD 02/04/2011 02/04/2016 CONTRACTORS INC SUITE 612NANUET NY 10954 DOL DOL BARBARA CASSIDY 7 BLENIS PLACE 04/02/2015 04/02/2020 VALHALLA NY 10595 DOL DOL *****2294 BEDELL CONTRACTING CORP 2 TINA LANE 01/06/2012 01/06/2017 HOPEWELL JUNCTION NY 12533 DOL DOL BEVERLY F WILLIAMS 1238 PRESIDENT STREET 11/18/2013 11/18/2018 BROOKLYN NY 11225 DOL DOL BIAGIO CANTISANI 200 FERRIS AVENUE 12/04/2009 05/04/2017 WHITE PLAINS NY 10603 DOL NYC *****6555 BROOKLYN WELDING CORP 1273 NORTH AVENUE/ #1 CP 04/07/2015 04/07/2020 NEW ROCHELLE NY 10804 DOL DOL *****6156 C & J LANDSCAPING & 520 PINE HILL ROAD 06/23/2014 06/23/2019 MAINTENANCE INC CHESTER NY 10940 DOL DOL CANTISANI & ASSOCIATES 442 FERRIS AVENUE 12/04/2009 05/04/2017 LTD WHITE PLAINS NY 10603 DOL DOL CANTISANI HOLDING LLC 220 FERRIS AVENUE 05/04/2012 05/04/2017 WHITE PLAINS NY 10603 DOL DOL *****1143 CARMODY BUILDING CORP 442 ARMONK ROAD 05/04/2012 05/04/2017 MOUNT KISCO NY 10549 DOL DOL *****3368 CARMODY CONCRETE CORP 442 ARMONK ROAD 12/04/2009 05/04/2017 MOUNT KISCO NY 10549 DOL DOL CARMODY CONTRACTING 220 FERRIS AVENUE 05/04/2012 05/04/2017 CORP WHITE PLAINS NY 10603 DOL DOL *****6215 CARMODY CONTRACTING INC 220 FERRIS AVENUE 05/04/2012 05/04/2017 WHITE PLAINS NY 10603 DOL DOL CARMODY ENTERPRISES LTD 220 FERRIS AVENUE 12/04/2009 05/04/2017 WHITE PLAINS NY 10603 DOL DOL *****3812 CARMODY INC 442 ARMONK ROAD 12/04/2009 05/04/2017 MOUNT KISCO NY 10549 DOL DOL *****3812 CARMODY INDUSTRIES INC 442 FERRIS AVENUE 05/04/2012 05/04/2017 WHITE PLAINS NY 10603 DOL DOL CARMODY MAINTENANCE 105 KISCO AVENUE 05/04/2012 05/04/2017 CORP MOUNT KISCO NY 10549 DOL DOL *****0324 CARMODY MASONRY CORP 442 ARMONK ROAD 12/04/2009 05/04/2017 MOUNT KISKO NY 10549 DOL DOL *****3812 CARMODY"2" INC 220 FERRIS AVENUE 12/04/2009 05/04/2017 WHITE PLAINS NY 10603 DOL NYC *****9172 CASSIDY EXCAVATING INC 14 RAILROAD AVENUE 05/15/2014 04/02/2020 VALHALLA NY 10595 DOL DOL *****1683 CATONE CONSTRUCTION 294 ALPINE ROAD 03/09/2012 03/09/2017 COMPANY INC ROCHESTER NY 14423 DOL DOL CATONE ENTERPRISES INC 225 DAKOTA STREET 03/09/2012 03/09/2017 ROCHESTER NY 14423 DOL DOL *****6745 CATSKILL FENCE 5445 ROUTE 32 08/22/2014 08/22/2019 INSTALLATIONS INC CATSKILL NY 12414 DOL DOL *****8530 CAZ CONTRACTING CORP 37-11 35TH AVENUE 08/26/2013 08/26/2018 LONG ISLAND CITY NY 11101 DOL DOL *****5556 CERTIFIED INSTALLERS INC 113 N MAPLE AVENUE 02/21/2013 02/21/2018 GREENSBURG PA 15601 DOL DOL *****7655 CHAMPION CONSTRUCTION 2131 SCHENECTADY AVENUE 11/18/2015 11/18/2020 SERVICES CORP BROOKLYN NY 11234
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DOL NYC CHARLES CASSIDY JR 14 RAILROAD AVENUE 05/15/2014 04/02/2020 VALHALLA NY 10595 DOL DOL *****1416 CHEROMINO CONTROL 61 WILLET ST - SUITE 14 12/03/2009 02/23/2017 GROUP LLC PASSAIC NJ 07055 DOL DOL CHRIS SAVOURY 44 THIELLS-MT IVY ROAD 10/14/2011 10/14/2016 POMONA NY 10970 DOL DOL CHRIST R PAPAS C/O TRAC CONSTRUCTION 02/03/2011 02/03/2016 INC 9091 ERIE ROADANGOLA NY 14006 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 CHRISTOF PREZBYL 2 TINA LANE 01/06/2012 01/06/2017 HOPEWELL JUNCTION NY 12533 DOL DOL *****3360 CITY LIMITS GROUP INC 2279 HOLLERS AVENUE 01/07/2014 06/23/2019 BRONX NY 10475 DOL DOL *****0671 CJ-HEARNE CONSTRUCTION SUITE 204 12/01/2015 12/01/2020 CO 131 PONCE DE LEON AVENUEATLANTA GA 30308 DOL NYC *****2905 COLONIAL ROOFING 247 48TH STREET 02/05/2014 02/05/2019 COMPANY INC BROOKLYN NY 11220 DOL NYC *****3182 COLORTECH INC 5990 58TH AVENUE 11/18/2013 11/18/2018 MASPETH NY 11378 DOL DOL *****8342 CONKLIN PORTFOLIO LLC 60 COLONIAL ROAD 02/15/2011 02/15/2016 STILLWATER NY 12170 DOL DOL *****2703 CONKLIN'S TECH- 5 PARKER AVENUE 03/25/2014 03/25/2019 MECHANICAL INC POUGHKEEPSIE NY 12601 DOL DOL *****4175 CONSOLIDATED INDUSTRIAL 2051 ROUTE 44/55 12/11/2012 01/28/2018 SERVICES INC MODENA NY 12548 DOL DOL CONSTANTINOS ZERVAS 37-11 35TH AVENUE 08/26/2013 08/26/2018 LONG ISLAND CITY NY 11101 DOL DOL *****5740 CORTLAND GLASS COMPANY 336 TOMPKINS STREET 10/21/2010 07/15/2016 INC CORTLAND NY 13045 DOL NYC *****4468 CRAFT CONTRACTING 3256 BRUNER AVENUE 07/29/2014 07/29/2019 GROUP INC BRONX NY 10469 DOL NYC *****8507 CRAFT FENCE INC 3256 BRUNER AVENUE 07/29/2014 07/29/2019 BRONX NY 10469 DOL DOL *****0810 D & G PAINTING & 53 LITTLE COLLABAR ROAD 04/19/2012 04/19/2017 DECORATING INC MONTGOMERY NY 12549 DOL DOL DARYL T RIEKS C/O RIEKS CONTRACTING LLC 05/01/2015 05/01/2020 4804 GAHWILER ROADAUBURN NY 13021 DOL NYC DAWN AVILA AKA DAWN 1ST FLOOR STORE FRONT 06/24/2014 06/24/2019 BECHTOLD 88-10 LITTLE NECK PARKWAYFLORAL PARK NY 11001 DOL NYC DAWN BECHTOLD AKA DAWN 1ST FLOOR STORE FRONT 06/24/2014 06/24/2019 AVILA 88-10 LITTLE NECK PARKWAYFLORAL PARK NY 11001 DOL DOL DEAN ROBBINS III 212 OXFORD WAY 12/11/2012 09/16/2018 SCHENECTADY NY 12309 DOL NYC *****3865 DECOMA BUILDING 134 EVERGREEN PL/STE 101 12/30/2013 12/30/2018 CORPORATION EAST ORANGE NJ 07018 DOL DOL *****1446 DELTA CONTRACTING 437 SUNRISE HIGHWAY 08/12/2013 08/12/2018 PAINTING AND DECORATING WEST BABYLON NY 11707 INC DOL DOL *****3538 DELTA CONTRACTING 75 MCCULLOCH DRIVE 10/19/2010 08/12/2018 PAINTING AND DESIGN INC DIX HILLS NY 11746 DOL DOL DEMETRIOS KOUTSOURAS 530 BEECH STREET 07/02/2012 07/02/2017 NEW HYDE PARK NY 11040 DOL DOL *****9868 DESANTIS ENTERPRISES 161 OSWEGO RIVER ROAD 09/24/2013 11/18/2018 PHOENIX NY 13135 DOL NYC *****8234 DEWATERS PLUMBING AND 30 COLUMBUS CIRCLE 08/21/2012 08/21/2017 HEATING LLC EASTCHESTER NY 10709 DOL DOL *****9252 DI BERNARDO TILE AND 15 WALKER WAY 03/21/2014 03/21/2019 MARBLE CO INC ALBANY NY 12205 DOL DOL DIANE DEAVER 731 WARWICK TURNPIKE 06/25/2012 12/11/2017 HEWITT NJ 07421 DOL NYC DIMITRIOS KOUTSOUKOS C/O ASTORIA GENERAL 09/02/2015 09/02/2020 CONTR 35-34 31ST STREETLONG ISLAND CITY NY 11106
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DOL DOL DORIS SKODA C/O APCO CONTRACTING 09/24/2012 09/02/2020 CORP 24 SOUTH MARYLAND AVENUEPORT WASHINGTON NY 11050 DOL DOL *****6982 DUFOUR GROUP INC DUFOUR 353 WEST 56TH STREET #7M 06/10/2014 06/10/2019 MASONRY NEW YORK NY 10019 DOL DOL DUFOUR MASONRY 353 WEST 56TH ST #7M 06/10/2014 06/10/2019 NEW YORK NY 10019 DOL DOL DUFOUR MASONRY & 353 WEST 56TH STREET #7M 06/10/2014 06/10/2019 RESTORATION INC NEW YORK NY 10019 DOL DOL *****5840 DYNA CONTRACTING INC 363 88TH STREET 11/18/2013 11/18/2018 BROOKLYN NY 11209 DOL DOL EARL GALBREATH 640 ASHFORD AVENUE 08/27/2013 08/27/2018 ARDSLEY NY 10502 DOL DOL EARL L WILSON WILSON 36 ABERSOLD STREET 08/31/2015 08/31/2020 BROTHER ROCHESTER NY 14621 DRYWALL CONTRACTOR S DOL DOL *****1496 EAST COAST DRYWALL INC 1238 PRESIDENT STREET 11/18/2013 11/18/2018 BROOKLYN NY 11225 DOL DOL *****8011 ECOA CLEANING P O BOX 21-1022 05/16/2012 05/16/2017 CONTRACTORS INC BROOKLYN NY 11221 DOL NYC *****8074 ECONOMY IRON WORKS INC 670 SOUTHERN BLVD 06/14/2011 06/14/2016 BRONX NY 10455 DOL DOL EDWARD L GAUTHIER C/O IMPERIAL MASONRY 10/03/2012 10/03/2017 REST 141 ARGONNE DRIVEKENMORE NY 14217 DOL NYC EDWARD MENKEN C/O AQUA JET PAINTING 04/16/2014 04/16/2019 10 VIKING DRIVEWEST ISLIP NY 11795 DOL NYC *****0900 EF PRO CONTRACTING INC 147 BROOME AVENUE 03/03/2014 03/03/2019 ATLANTIC BEACH NY 11509 DOL NYC EFSTRATIOS BERNARDIS 23-73 48TH STREET 04/24/2014 04/24/2019 LONG ISLAND CITY NY 11103 DOL NYC *****6260 EL TREBOL SPECIAL 95-26 76TH STREET 10/12/2011 10/12/2016 CLEANING INC OZONE PARK NY 11416 DOL DOL ELIZABETH RAMADANI C/O RAMADA CONSTRUCTION 01/07/2014 01/07/2019 80 SAVO LOOPSTATEN ISLAND NY 10309 DOL DOL ELLEN DESANTIS DESANTIS 161 OSWEGO RIVER ROAD 09/24/2013 11/18/2018 ENTERPRISES PHOENIX NY 13135 DOL DOL *****0780 EMES HEATING & PLUMBING 5 EMES LANE 01/20/2002 01/20/3002 CONTR MONSEY NY 10952 DOL AG EMILIO FRANZA 90 JUNIUS STREET 01/23/2014 01/23/2019 BROOKLYN NY 11212 DOL DOL EMPIRE CONCRETE 101 SULLYS TRAIL/SUITE 20 11/18/2013 01/07/2019 SERVICES LLC PITTSFORD NY 14534 DOL DOL *****0511 EMPIRE CONCRETE SYSTEMS 101 SULLYS TRAIL/ SUITE 2 11/18/2013 01/07/2019 LLC PITTSFORD NY 14534 DOL DOL *****2353 EMPIRE CONSTRUCTORS LLC 101 SULLYS TRAIL/SUITE 20 11/18/2013 01/07/2019 PITTSFORD NY 14534 DOL DOL EMPIRE PRECAST LLC 101 SULLYS TRAIL/SUITE 20 11/18/2013 01/07/2019 PITTSFORD NY 14534 DOL DOL ERIKA BARNETT 253 BEACH BREEZE LANE 02/05/2013 02/05/2018 UNIT BARVERNE NY 11692 DOL DOL ESTEVES & FRAGA 986 MADISON AVENUE 01/03/2013 01/03/2018 CONSTRUCTION CO INC PATERSON NJ 07501 DOL DOL ESTEVES & FRAGA INC 986 MADISON AVENUE 01/03/2013 01/03/2018 PATERSON NJ 07501 DOL DOL EVELIO ELLEDIAS 114 PEARL STREET 08/15/2012 08/15/2017 PORT CHESTER NY 10573 DOL NYC EVERTON CARLESS 134 EVERGREEN PL/STE 101 12/30/2013 12/30/2018 EAST ORANGE NJ 07018 DOL DOL F KALAFATIS 2279 HOLLERS AVENUE 01/07/2014 06/23/2019 BRONX NY 10475 DOL DOL FANTASTIC PAINTING 493 LANSING ROAD 11/18/2013 11/18/2018 FULTONVILLE NY 12072 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
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DOL DOL *****5867 FJM-FERRO INC 6820 14TH AVENUE 10/27/2011 10/27/2016 BROOKLYN NY 11219 DOL DOL *****1311 FLOZ-ON PAINTING & 12 DUNDERBERG ROAD 10/16/2013 10/16/2018 DECORATING INC TOMKINS NY 10986 DOL DOL *****8961 FLOZ-ON PAINTING INC 12 DUNDERBERG ROAD 10/16/2013 10/16/2018 TOMKINS NY 10986 DOL DOL FMS 4 LEGHORN COURT 11/28/2012 11/28/2017 NEW YORK NY 11746 DOL DOL *****8067 FORTH SPORT FLOORS INC P O BOX 74 02/28/2012 10/01/2017 EAST GREENBUSH NY 12061 DOL DOL FRAN MICELI 2279 HOLLERS AVENUE 01/07/2014 06/23/2019 BRONX NY 10475 DOL DOL FRANCES KALAFATIS 2279 HOLLERS AVENUE 01/07/2014 06/23/2019 BRONX NY 10475 DOL DOL FRANCES KALAFATIS-MICELI 2279 HOLLERS AVENUE 01/07/2014 06/23/2019 BRONX NY 10475 DOL NYC FRANK ACOCELLA 68 GAYLORD ROAD 02/10/2011 02/10/2016 SCARSDALE NY 10583 DOL DOL FRANK J MERCANDO 134 MURRAY AVENUE 12/11/2009 02/03/2019 YONKERS NY 10704 DOL DOL FRANK MICELI JR C/O FRANK 19 CLIFF STREET 10/16/2013 10/16/2018 MICELI JR NEW ROCHELLE NY 10801 CONTRACTIN G INC DOL DOL *****1321 FRANK MICELI JR 19 CLIFF STREET 10/16/2013 10/16/2018 CONTRACTING INC NEW ROCHELLE NY 10801 DOL DOL FRED ABDO ABDO TILE 6179 EAST MOLLOY ROAD 06/25/2010 07/02/2017 COMPANY EAST SYRACUSE NY 13057 AKA ABDO TILE CO DOL DOL *****2724 FRESH START PAINTING 157 TIBBETS ROAD 03/12/2014 03/12/2019 CORP YONKERS NY 10705 DOL DOL G FUCCI CONSTRUCTION 3 ALAN B SHEPARD PLACE 03/12/2014 03/12/2019 SERVICES YONKERS NY 10705 DOL DOL *****6767 G FUCCI PAINTING INC C/O SPIEGEL & UTRERA 03/12/2014 03/12/2019 1 MAIDEN LANE - 5TH FLNEW YORK NY 10038 DOL DOL *****4546 GAF PAINTING LLC 157 TIBBETS ROAD 03/12/2014 03/12/2019 YONKERS NY 10705 DOL DOL GARDEN STATE PAINTING 157 TIBBETTS ROAD 03/12/2014 03/12/2019 YONKERS NY 10705 DOL DOL GARY MCDOWELL GM 76 PLEASANT STREET 06/11/2013 06/11/2018 CONSTRUCTI WELLSVILLE NY 14895 ON & LAWN CARE SERVICE DOL DOL GEORGE DI BERNARDO C/O DI BERNARDO TILE 03/21/2014 03/21/2019 15 WALKER WAYALBANY NY 12205 DOL NYC GEORGE LUCEY 150 KINGS STREET 01/19/1998 01/19/2998 BROOKLYN NY 11231 DOL DOL GERALD A POLLOCK 336 TOMPKINS STREET 06/29/2010 07/15/2016 CORTLAND NY 13045 DOL DOL *****1075 GLOBAL TANK P O BOX 1238 11/28/2012 11/28/2017 CONSTRUCTION LLC SALINA OK 74365 DOL DOL *****0878 GM CONSTRUCTION & LAWN 76 PLEASANT STREET 06/11/2013 06/11/2018 CARE SERVICE WELLSVILLE NY 14895 DOL DOL *****0090 GOLDS FLOORING 25 HAMILTON ROAD 10/16/2013 10/16/2018 INSTALLATIONS INC MONTICELLO NY 12701 DOL DOL GREGORY A FUCCI C/O PAF PAINTING SERVICES 03/12/2014 03/12/2019 157 TIBBETTS ROADYONKERS NY 10705 DOL DOL GREGORY FUCCI JR C/O APOLLO CONSTRUCTION 03/12/2014 03/12/2019 157 TIBBETTS ROADYONKERS NY 10705 DOL DOL GRETCHEN SULLIVAN P O BOX 130 11/10/2011 11/10/2016 CRETE IL 60417 DOL DOL *****7735 GRYF CONSTRUCTION INC 394 SPOTSWOOD-ENGLISH 08/08/2011 08/08/2016 RD MONROE NJ 08831 DOL DOL *****9456 GUILLO CONTRACTING CORP P O BOX 229 07/08/2013 07/08/2018 CALVERTON NY 11933 DOL DOL GUS PAPASTEFANOU C/O D & G PAINTING & DECO 04/19/2012 04/19/2017 53 LITTLE COLLABAR ROADMONTGOMERY NY 12549 DOL NYC *****0346 H N H CONTRACTORS CORP 4558 BROADWAY # 6 08/04/2014 08/04/2019 NEW YORK NY 10040
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DOL DOL HALSSAM FOSTOK 5 HANSEN PLACE 09/18/2013 09/18/2018 WAYNE NJ 07470 DOL NYC HAMEEDUL HASAN 240 HOME STREET 08/04/2014 08/04/2019 TEANECK NJ 07666 DOL AG *****9918 HARA ELECTRIC CORP 2461 47TH STREET 09/26/2013 09/26/2018 ASTORIA NY 11103 DOL DOL *****5405 HARD LINE CONTRACTING 89 EDISON AVENUE 10/28/2011 10/28/2016 INC MOUNT VERNON NY 10550 DOL AG HARVINDER SINGH PAUL 90 JUNIUS STREET 01/23/2014 01/23/2019 BROOKLYN NY 11212 DOL DOL HENRY VAN DALRYMPLE 2663 LANTERN LANE 12/01/2015 12/01/2020 ATLANTA GA 30349 DOL DOL HI-TECH CONTRACTING CORP 114 PEARL STREET 08/15/2012 08/15/2017 PORT CHESTER NY 10573 DOL DOL *****4331 HIDDEN VALLEY EXCAVATING 225 SEYMOUR STREET 02/08/2011 02/08/2016 INC FREDONIA NY 14063 DOL DOL *****6370 HILLIANO CONSTRUCTION & 354 MAGNOLIA STREET 01/22/2015 01/22/2020 ELECTRICAL INC ROCHESTER NY 14611 DOL DOL *****8426 IMPERIAL MASONRY 141 ARGONNE DRIVE 10/03/2012 10/03/2017 RESTORATION INC KENMORE NY 14217 DOL DOL ISABEL FRAGA C/O THREE FRIENDS CONSTR 01/03/2013 01/03/2018 986 MADISON AVENUEPATERSON NJ 07501 DOL DOL *****7598 J M RICH LLC P O BOX 268 09/16/2013 03/21/2019 STILLWATER NY 12170 DOL DOL *****3478 J N P CONSTRUCTION CORP 50 LOUIS COURT 03/21/2014 03/21/2019 P O BOX 1907SOUTH HACKENSACK NY 07606 DOL DOL J N RICH LLC P O BOX 268 09/16/2013 03/21/2019 STILLWATER NY 12170 DOL DOL *****9368 J TECH CONSTRUCTION PO BOX 64782 09/24/2012 09/24/2017 ROCHESTER NY 14624 DOL DOL J THE HANDYMAN 09/24/2012 09/24/2017
DOL DOL *****4910 J V MAGIC TOUCH 94-25 57TH AVENUE, APT 5G 01/12/2015 01/12/2020 CORPORATION ELMHURST NY 11373 DOL DOL JACQUELINE HOWE C/O FLOZ-ON PAINTING INC 10/16/2013 10/16/2018 12 DUNDERBERG ROADTOMKINS NY 10986 DOL DOL *****8627 JAG I LLC 635 LUZERNE ROAD 09/16/2013 09/16/2018 QUEENSBURY NY 12804 DOL DOL *****2868 JAG INDUSTRIES INC 175 BROAD ST - SUITE 320 09/16/2013 09/16/2018 GLENS FALLS NY 12801 DOL DOL JAMES BOYCE C/O EMPIRE CONCRETE SYST 11/18/2013 01/07/2019 101 SULLYS TRAIL/SUITE 20PITTSFORD NY 14534 DOL DOL JAMES SICKAU 3090 SHIRLEY ROAD 04/19/2011 07/08/2020 NORTH COLLINS NY 14111 DOL DOL JAMES WALSH 89 EDISON AVENUE 10/28/2011 10/28/2016 MOUNT VERNON NY 10550 DOL DOL JASON M RICH P O BOX 268 09/16/2013 03/21/2019 STILLWATER NY 12170 DOL DOL JAY PRESUTTI C/O CONSOLIDATED 01/28/2013 01/28/2018 INDUSTRI 2051 ROUTE 44/55MODENA NY 12548 DOL DOL JEFF P BRADLEY 520 PINE HILL ROAD 06/23/2014 06/23/2019 CHESTER NY 10940 DOL NYC JEFFREY CASSIDY 14 RAILROAD AVENUE 05/15/2014 04/02/2020 VALHALLA NY 10595 DOL DOL JERALD HOWE C/O FLOZ-ON PAINTING INC 10/16/2013 10/16/2018 12 DUNDERBERG ROADTOMKINS NY 10986 DOL DOL JEROME LACITIGNOLA C/O CATSKILL FENCE INSTAL 08/22/2014 08/22/2019 5445 ROUTE 32 CATSKILL NY 12414 DOL NYC JERRY DEWATERS 30 COLUMBUS CIRCLE 08/21/2012 08/21/2017 EASTCHESTER NY 10709 DOL DOL JOHN CATONE C/O CATONE CONSTRUCTION 03/09/2012 03/09/2017 294 ALPINE ROADROCHESTER NY 14612 DOL DOL JOHN DESCUL 437 SUNRISE HIGHWAYA 08/12/2013 08/12/2018 WEST BABYLON NY 11704 DOL DOL JOHN H LEE JOHN LEE 67 WILER ROAD 01/28/2013 01/28/2018 QUALITY HILTON NY 14468 PAVING DOL DOL *****1749 JOHN LEE QUALITY PAVING 67 WILER ROAD 01/28/2013 01/28/2018 HILTON NY 14468
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DOL DOL JON E DEYOUNG 261 MILL ROAD 07/29/2015 07/29/2020 P O BOX 296EAST AURORA NY 14052 DOL DOL *****9368 JORGE I DELEON J TECH PO BOX 64782 09/24/2012 09/24/2017 CONSTRUCTI ROCHESTER NY 14624 ON DOL DOL JORGE OUVINA 344 SOUNDVIEW LANE 11/22/2011 11/22/2016 COLLEGE POINT NY 11356 DOL DOL JORGE VILLALOBOS 94-25 57TH AVENUE - APT 5 01/12/2015 01/12/2020 ELMHURST NY 11373 DOL DOL JOSE MONTAS 27 BUTLER PLACE 03/18/2011 03/19/2020 YONKERS NY 10710 DOL DOL JOSEPH CASUCCI 6820 14TH AVENUE 10/27/2011 10/27/2016 BROOKLYN NY 11219 DOL DOL JOSEPH MARTONE 112 OSCAWANA HEIGHTS 08/27/2013 08/27/2018 ROAD PUTNAM VALLEY NY 10542 DOL DOL JOSHUA DEBOWSKY 9547 BUSTLETON AVENUE 02/05/2014 02/05/2019 PHILADELPHIA PA 19115 DOL DOL JOYA MUSCOLINO 10 ST CHARLES STREET 09/03/2013 09/03/2018 THORNWOOD NY 10594 DOL DOL JUANA MARTINEZ C/O LEAD CONSTRUCTION 03/19/2015 03/19/2020 27 BUTLER PLACEYONKERS NY 10710 DOL DOL *****4340 JUBCO SITE DEVELOPMENT 462 LAKEVIEW AVENUE 12/16/2013 12/16/2018 LLC VALHALLA NY 10595 DOL DOL JULIUS AND GITA BEHREND 5 EMES LANE 11/20/2002 11/20/3002 MONSEY NY 10952 DOL DOL KAREN HARTMAN C/O GUILLO CONTRACTING 07/08/2013 07/08/2018 P O BOX 229CALVERTON NY 11933 DOL NYC KATHLEEN SELA C/O COLONIAL 247 48TH STREET 02/05/2014 02/05/2019 ROOFING BROOKLYN NY 11220 COMPANY INC DOL DOL KEITH SCHEPIS C/O KJS HAULING AND HOME 04/15/2013 04/15/2018 95 MAPLE AVENUENEW CITY NY 10956 DOL DOL KEN DEAVER 731 WARWICK TURNPIKE 06/25/2012 12/11/2017 HEWITT NJ 07421 DOL DOL KEVIN BABCOCK JR P O BOX 46 08/22/2014 08/22/2019 THOMPSON RIDGE NY 10985 DOL DOL KEVIN M BABCOCK P O BOX 46 08/22/2014 08/22/2019 THOMPSON RIDGE NY 10985 DOL DOL KIM SOROCENSKI C/O SOLUTION MATTERS INC 11/19/2015 11/19/2020 198 NORWOOD ROADPORT JEFFERSON NY 11776 DOL DOL *****2463 KJS HAULING AND HOME 95 MAPLE AVENUE 04/15/2013 04/15/2018 IMPROVEMENT INC NEW CITY NY 10956 DOL AG KOSTAS "GUS" 2461 47TH STREET 09/26/2013 09/26/2018 ANDRIKOPOULOS ASTORIA NY 11103 DOL DOL KRZYSZTOF PRXYBYL 2 TINA LANE 01/06/2012 01/06/2017 HOPEWELL JUNCTION NY 12533 DOL DOL *****6033 KUSNIR CONSTRUCTION 2677 ANAWALK ROAD 08/03/2012 08/03/2017 KATONAH NY 10536 DOL DOL *****0526 LAGUARDIA CONSTRUCTION 47-40 48TH STREET 07/01/2011 07/01/2016 CORP WOODSIDE NY 11377 DOL NYC *****8816 LAKE CONSTRUCTION AND 150 KINGS STREET 08/19/1998 08/19/2998 DEVELOPMENT BROOKLYN NY 11231 CORPORATION DOL DOL *****6224 LAKESIDE FIRE SPRINKLERS 125 CHAUTAUQUA AVENUE 06/24/2015 06/24/2020 LLC LAKEWOOD NY 14750 DOL DOL LARRY DOMINGUEZ 114 PEARL STREET 08/15/2012 08/15/2017 PORT CHESTER NY 10573 DOL DOL LAURA A. GAUTHIER C/O IMPERIAL MASONRY 10/03/2012 10/03/2017 REST 141 ARGONNE DRIVEKENMORE NY 14217 DOL DOL LAURI MARTONE 112 OSCAWANA HEIGHTS 08/27/2013 08/27/2018 ROAD PUTNAM VALLEY NY 10542 DOL DOL LAVERN GLAVE C/O RAW POWER ELECTRIC 09/15/2014 09/15/2019 3 PARK CIRCLEMIDDLETOWN NY 10940 DOL DOL LAWRENCE J RUGGLES P O BOX 371 05/12/2014 05/12/2019 ROUND LAKE NY 12151 DOL DOL *****1364 LEAD CONSTRUCTION 3 ALAN B SHEPARD PLACE 03/19/2015 03/19/2020 SERVICES INC YONKERS NY 10705
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DOL DOL *****0597 LEED INDUSTRIES CORP HI-TECH 114 PEART STREET 08/15/2012 08/15/2017 CONTRACTIN PORT CHESTER NY 10573 G CORP DOL AG LEONID FRIDMAN APT 5 01/23/2013 01/23/2019 200 BRIGHTON, 15TH STBROOKLYN NY 11235 DOL DOL LINDSEY R CRILL 143 FILLMORE AVENUE 01/08/2015 01/08/2020 BUFFALO NY 14210 DOL DOL *****8453 LINPHILL ELECTRICAL 523 SOUTH 10TH AVENUE 01/07/2011 04/15/2018 CONTRACTORS INC MOUNT VERNON NY 10553 DOL DOL LINVAL BROWN 523 SOUTH 10TH AVENUE 01/07/2011 04/15/2018 MOUNT VERNON NY 10553 DOL NYC *****2850 M A 2 FLAGS CONTRACTING 25-18 100TH STREET 08/21/2013 08/21/2018 CORP EAST ELMHURST NY 11369 DOL NYC *****6317 M S QUALITY CONSTRUCTION 27 MAPLEWOOD AVENUE 02/04/2015 02/04/2020 LLC COLONIA NJ 07067 DOL NYC MACIEJ SONTOWSKI 27 MAPLEWOOD AVENUE 02/04/2015 02/04/2020 COLONIA NJ 07067 DOL NYC *****9590 MACK GLASSNAUTH IRON 137 LIBERTY AVENUE 12/21/2015 12/21/2020 WORKS INC BROOKLYN NY 11212 DOL NYC *****3141 MACKEY REED ELECTRIC INC 1ST FLOOR STORE FRONT 06/24/2014 06/24/2019 88-10 LITTLE NECK PARKWAYFLORAL PARK NY 11001 DOL DOL MANUEL ESTEVES 55 OLD TURNPIKE ROAD 02/04/2011 02/04/2016 SUITE 612NANUET NY 10954 DOL NYC MANUEL P TOBIO 150 KINGS STREET 08/19/1998 08/19/2998 BROOKLYN NY 14444 DOL NYC MANUEL TOBIO 150 KINGS STREET 08/19/1998 08/19/2998 BROOKLYN NY 11231 DOL DOL MAR CONTRACTING CORP 620 COMMERCE STREET 09/24/2012 09/24/2017 THORNWOOD NY 10594 DOL DOL MARGARET FORTH P O BOX 74 02/28/2012 10/01/2017 EAST GREENBUSH NY 12061 DOL DOL MARIA ESTEVES AKA MARIA C/O THREE FRIENDS CONSTR 01/03/2013 01/03/2018 MARTINS 986 MADISON AVENUEPATERSON NJ 07501 DOL DOL MARIA MARTINS AKA MARIA C/O THREE FRIENDS CONSTR 01/03/2013 01/03/2018 ESTEVES 986 MADISON AVENUEPATERSON NJ 07501 DOL DOL MARIO LUIS 31 DURANT AVENUE 07/02/2012 07/02/2017 BETHEL CT 06801 DOL DOL *****5533 MARQUISE CONSTRUCTION & 10 ST CHARLES STREET 09/03/2013 09/03/2018 DEVELOPMENT CORP THORNWOOD NY 10594 DOL DOL *****8810 MARQUISE CONSTRUCTION 20 BOSWELL ROAD 09/03/2013 09/03/2018 ASSOCIATES INC PUTNAM VALLEY NY 10579 DOL DOL *****1134 MARQUISE CONSTRUCTION 10 ST CHARLES STREET 09/03/2013 09/03/2018 CORP THORNWOOD NY 10594 DOL NYC *****4314 MASCON RESTORATION INC 129-06 18TH AVENUE 02/09/2012 02/09/2017 COLLEGE POINT NY 11356 DOL NYC *****4314 MASCON RESTORATION LLC 129-06 18TH AVENUE 02/09/2012 02/09/2017 COLLEGE POINT NY 11356 DOL DOL *****0845 MASONRY CONSTRUCTION 442 ARMONK ROAD 12/04/2009 05/04/2017 INC MOUNT KISCO NY 10549 DOL DOL *****3333 MASONRY INDUSTRIES INC 442 ARMONK ROAD 12/04/2009 05/04/2017 MOUNT KISKO NY 10549 DOL DOL *****9857 MBL CONTRACTING 2620 ST RAYMOND AVENUE 08/30/2011 08/30/2016 CORPORATION BRONX NY 10461 DOL DOL *****9028 MCINTOSH INTERIORS LLC 8531 AVENUE B 02/05/2013 02/05/2018 BROOKLYN NY 11236 DOL DOL *****4259 MERCANDO CONTRACTING 134 MURRAY AVENUE 12/11/2009 02/03/2019 CO INC YONKERS NY 10704 DOL DOL *****0327 MERCANDO INDUSTRIES LLC 134 MURRAY AVENUE 12/11/2009 02/03/2019 YONKERS NY 10704 DOL NYC *****5330 METRO DUCT SYSTEMS INC 12-19 ASTORIA BOULEVARD 04/16/2014 06/24/2019 LONG ISLAND CITY NY 11102 DOL DOL *****3368 MICEK CONSTRUCTION CO 20 CROSS STREET 12/02/2014 12/02/2019 INC FALCONER NY 14733 DOL DOL *****9198 MICHAEL CZECHOWICZ OCTAGON CO 37-11 35TH AVENUE-2ND FL 01/08/2013 01/08/2018 LONG ISLAND CITY NY 11101 DOL DOL MICHAEL F LEARY JR 06/19/2013 06/19/2018 3813 SNOWDEN HILL ROADNEW HARTFORD NY 13413 DOL DOL MICHAEL F LEARY JR METAL 3813 SNOWDEN HILL ROAD 06/19/2013 06/19/2018 STUD & DRYWALL NEW HARTFORD NY 13413 DOL DOL MICHAEL KTISTAKIS 363 88TH STREET 11/18/2013 11/18/2018 BROOKLYN NY 11209
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DOL DOL *****6033 MICHAEL KUSNIR KUSNIR 2677 ANAWALK ROAD 08/03/2012 08/03/2017 CONSTRUCTI KATONAH NY 10536 ON DOL DOL MICHAEL MARGOLIN 4 LEGHORN COURT 11/28/2012 11/28/2017 NEW YORK NY 11746 DOL DOL MICHAEL WILSON WILSON 36 ABERSOLD STREET 08/31/2015 08/31/2020 BROTHER ROCHESTER NY 14621 DRYWALL CONTRACTOR S DOL DOL MICHELLE L BARBER 635 LUZERNE ROAD 09/16/2013 09/16/2018 QUEENSBURY NY 12804 DOL DOL *****2635 MIDLAND CONSTRUCTION OF 13216 CALUMET AVENUE 11/10/2011 11/10/2016 CEDAR LAKE INC CEDAR LAKE IL 46303 DOL NYC MIGUEL ACOSTA 25-18 100TH STREET 08/21/2013 08/21/2018 EAST ELMHURST NY 11369 DOL NYC MILANCE HADZIC 22 CALIFORNIA AVE - STE 1 03/11/2015 03/11/2020 PATERSON NJ 07503 DOL AG MOHAMMAD RIAZ 46 RUGBY ROAD 11/20/2013 11/20/2018 WESTBURY NY 11590 DOL NYC *****2690 MONDOL CONSTRUCTION INC 11-27 30TH DRIVE 05/25/2011 05/25/2016 LONG ISLAND CITY NY 11102 DOL DOL MORTON LEVITIN 3506 BAYFIELD BOULEVARD 08/30/2011 08/30/2016 OCEANSIDE NY 11572 DOL DOL *****2737 MOUNTAIN'S AIR INC 2471 OCEAN AVENUE- STE 7A 09/24/2012 09/18/2020 BROOKLYN NY 11229 DOL DOL MUHAMMAD PERVAIZ C/O CHAMPION 11/18/2015 11/18/2020 CONSTRUCTION 2131 SCHENECTADY AVENUEBROOKLYN NY 11234 DOL NYC MUHAMMAD ZULFIQAR 129-06 18TH AVENUE 02/09/2012 02/09/2017 COLLEGE POINT NY 11356 DOL DOL *****2357 MUNICIPAL MILLING & MIX-IN- 9091 ERIE ROAD 02/03/2011 02/03/2016 PLACE ANGOLA NY 14006 DOL DOL MURRAY FORTH P O BOX 74 02/28/2012 10/01/2017 EAST GREENBUSH NY 12061 DOL DOL MUZAFFAR HUSSAIN C/O ABSOLUTE GENERAL 01/28/2013 01/28/2018 CONT 1129 AVENUE UBROOKLYN NY 11229 DOL NYC *****1284 NEW AMERICAN 22 CALIFORNIA AVE - STE 1 03/11/2015 03/11/2020 RESTORATION INC PATERSON NJ 07503 DOL DA *****6988 NEW YORK INSULATION INC 58-48 59TH STREET 05/16/2012 05/08/2020 MASPETH NY 11378 DOL DOL NICHOLAS DEGREGORY JR NJ 1698 ROUTE 9 05/23/2013 05/23/2018 DEGREGORY GLENS FALLS NY 12801 & COMPANY DOL NYC NICHOLAS PROVENZANO 147 BROOME AVENUE 03/03/2014 03/03/2019 ATLANTIC BEACH NY 11509 DOL NYC NICHOLAS PROVENZANO 147 BROOME AVENUE 03/03/2014 03/03/2019 ATLANTIC BEACH NY 11509 DOL DOL NIKOLAS PSAREAS 656 N WELLWOOD AVE/STE C 09/01/2011 09/01/2016 LINDENHURST NY 11757 DOL DOL *****5279 NJ DEGREGORY & COMPANY 1698 ROUTE 9 05/23/2013 05/23/2018 GLENS FALLS NY 12801 DOL DOL NJ DEGREGORY & SONS 1698 ROUTE 9 05/23/2013 05/23/2018 CONSTRUCTION GLENS FALLS NY 12801 DOL NYC *****1968 NORTH AMERICAN IRON 1560 DECATUR STREET 05/15/2015 05/15/2020 WORKS INC RIDGEWOOD NY 11385 DOL DOL *****9198 OCTAGON CO 37-11 35TH AVENUE-2ND FL 01/08/2013 01/08/2018 LONG ISLAND CITY NY 11101 DOL DOL OKBY ELSAYED 1541 EAST 56TH STREET 05/04/2012 05/04/2017 BROOKLYN NY 11234 DOL NYC OLIVER HOLGUIN 95-26 76TH STREET 10/12/2011 10/12/2016 OZONE PARK NY 11416 DOL NYC *****8337 OPTIMUM CONSTRUCTION 23-73 48TH STREET 04/24/2014 04/24/2019 INC LONG ISLAND CITY NY 11103 DOL NYC ORSON ARROYO C/O METRO DUCT SYSTEMS 04/16/2014 06/24/2019 12-19 ASTORIA BOULEVARDLONG ISLAND CITY NY 11102 DOL DOL *****4546 PAF PAINTING CORP 161 TIBBETTS ROAD 03/12/2014 03/12/2019 YONKERS NY 10705 DOL DOL *****5242 PAF PAINTING SERVICES INC GARDEN 157 TIBBETTS ROAD 03/12/2014 03/12/2019 STATE YONKERS NY 10103 PAINTING DOL DOL PAF PAINTING SERVICES OF C/O SPIEGEL & UTRERA 03/12/2014 03/12/2019 WESTCHESTER INC 1 MAIDEN LANE - 5TH FLNEW YORK NY 10038
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DOL DOL *****8802 PAT'S HEATING AND AIR P O BOX 371 05/12/2014 05/12/2019 CONDITIONING LTD ROUND LAKE NY 12151 DOL DOL PATRICIA M RUGGLES P O BOX 371 05/12/2014 05/12/2019 ROUND LAKE NY 12151 DOL DOL PAUL VERNA C/O AMERICAN STEEL 02/20/2013 02/20/2018 MECHA 693 PAINTER STREETMEDIA PA 19063 DOL DOL *****9569 PERFORM CONCRETE INC 31 DURANT AVENUE 07/02/2012 07/02/2017 BETHEL CT 06801 DOL NYC PETER LUSTIG 30 COLUMBUS CIRCLE 08/21/2012 08/21/2017 EASTCHESTER NY 10709 DOL NYC PETER TRITARIS 5990 58TH AVENUE 11/18/2013 11/18/2018 MASPETH NY 11378 DOL DOL *****7914 PRECISION SITE 89 EDISON AVENUE 10/28/2011 10/28/2016 DEVELOPMENT INC MOUNT VERNON NY 10550 DOL DOL *****2989 PROFESSIONAL ESTIMATING 157 TIBBETS ROAD 03/12/2014 03/12/2019 & BUSINESS CORP YONKERS NY 10705 DOL DOL *****6895 PROLINE CONCRETE OF WNY 3090 SHIRLEY ROAD 04/19/2011 07/08/2020 INC NORTH COLLINS NY 14111 DOL DOL *****0015 RAMADA CONSTRUCTION 80 SAVO LOOP 01/07/2014 01/07/2019 CORP STATEN ISLAND NY 10309 DOL NYC RAMESHWAR ASU 137 LIBERTY AVENUE 12/21/2015 12/21/2020 BROOKLYN NY 11212 DOL DOL RANA A KAHN 1973 81ST ST - SUITE A-5 01/08/2015 01/08/2020 BROOKLYN NY 11214 DOL NYC RANTIK PARIKH 13 LORIANN ROAD 07/15/2015 07/15/2020 WARREN NJ 07059 DOL DOL *****2633 RAW POWER ELECTRIC CORP 3 PARK PLACE 09/16/2013 09/15/2019 MIDDLETOWN NY 10940 DOL NYC RAYMOND PEARSON P O BOX 957 03/12/2014 03/12/2019 PORT JEFFERSON STA NY 11776 DOL DOL REBECCA THORNE 113 N MAPLE AVENUE 02/21/2013 02/21/2018 GREENSBURG PA 15601 DOL DOL REGINALD WARREN C/O RAW POWER ELECTRIC 09/15/2014 09/15/2019 3 PARK CIRCLEMIDDLETOWN NY 10940 DOL NYC *****3461 RELIANCE GENERAL 644 OCEAN PARKWAY 09/02/2015 09/02/2020 CONSTRUCTION INC BROOKLYN NY 11230 DOL DOL REVOLUTIONARY FLOORS P O BOX 268 09/16/2013 03/21/2019 LLC STILLWATER NY 12170 DOL DOL RHINO CONCRETE LLC 101 SULLYS TRAIL/SUITE 20 11/18/2013 01/07/2019 PITTSFORD NY 14534 DOL DOL RICHARD WILSON C/O DUFOUR GROUP INC 06/10/2014 06/10/2019 353 WEST 56TH STREET #7MNEW YORK NY 10019 DOL DOL *****8618 RIEKS CONTRACTING LLC 4804 GAHWILER ROAD 05/01/2015 05/01/2020 AUBURN NY 13021 DOL DOL ROBBYE BISSESAR 89-51 SPRINGFIELD BLVD 01/11/2003 01/11/3003 QUEENS VILLAGE NY 11427 DOL DOL *****1855 ROBERT D BISHOP JR ROBERT D P O BOX 112 07/15/2014 07/15/2019 BISHOP JR MORRISSONVILLE NY 12962 DOL DOL ROBERT D BISHOP JR P O BOX 112 07/15/2014 07/15/2019 MORRISONVILLE NY 12962 DOL NYC ROBERT GUIDO 3256 BRUNER AVENUE 07/29/2014 07/29/2019 BRONX NY 10469 DOL DOL ROBERT L EVANS 128A NORTH STAMFORD 05/23/2013 05/23/2018 ROAD STAMFORD CT 06903 DOL DOL ROBERT TORDELLA 125 CHAUTAUQUA AVENUE 06/24/2015 06/24/2020 LAKEWOOD NY 14750 DOL DOL ROCCO ESPOSITO C/O ROCMAR CONTRACTING 09/24/2012 09/24/2017 CO 620 COMMERCE STREETTHORNWOOD NY 10594 DOL DOL ROCMAR CONSTRUCTION 620 COMMERCE STREET 09/24/2012 09/24/2017 CORP THORNWOOD NY 10594 DOL DOL *****7083 ROCMAR CONTRACTING 620 COMMERCE STREET 09/24/2012 09/24/2017 CORP THORNWOOD NY 10594 DOL DOL ROMEO WARREN C/O RAW POWER ELECTR 09/16/2013 09/15/2019 CORP 3 PARK PLACEMIDDLETOWN NY 10940 DOL DOL ROSEANNE CANTISANI 11 TATAMUCK ROAD 05/04/2012 05/04/2017 POUND RIDGE NY 10576
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DOL DOL ROSS J MUSCOLINO 10 ST CHARLES STREET 09/03/2013 09/03/2018 THORNWOOD NY 10594 DOL DOL S & S ELECTRIC 235 BROADWAY 06/19/2013 06/19/2018 SCHENECTADY NY 12306 DOL NYC SAEED HASAN 4558 BROADWAY #6 08/04/2014 08/04/2019 NEW YORK NY 10040 DOL DOL *****4923 SCHENLEY CONSTRUCTION 731 WARWICK TURNPIKE 06/25/2012 12/11/2017 INC HEWITT NJ 07421 DOL DOL SCOTT LEONARD GLOBAL TANK P O BOX 1238 11/28/2012 11/28/2017 CONSTRUCTI SALINA OK 74365 ON LLC DOL DOL SEAKCO CONSTRUCTION 128A NORTH STAMFORD 05/23/2013 05/23/2018 COMPANY LLC ROAD STAMFORD CT 06903 DOL DOL *****9030 SEAKCO NEW YORK LLC SEAKCO 128A NORTH STAMFORD 05/23/2013 05/23/2018 CONSTRUCTI ROAD ON COMPANY STAMFORD CT 06903 DOL DOL SEAN BURBAGE C/O SEAN 445 ROOSA GAP ROAD 04/14/2014 04/14/2019 BURBAGE BLOOMINGBURG NY 12721 CORP DOL DOL *****6586 SEAN BURBAGE CORP 445 ROOSA GAP ROAD 04/14/2014 04/14/2019 BLOOMINGBURG NY 12721 DOL DOL *****3540 SEVEN STAR ELECTRICAL 23-24 STEINWAY STREET 06/27/2011 06/27/2016 CONTRACTING CORP ASTORIA NY 11105 DOL DOL SEVEN STAR ELECTRICAL INC C/O THEONI ATHANASIADIS 06/27/2011 06/27/2016 1023 COMMACK ROADDIX HILLS NY 11746 DOL NYC SHAFIQUL ISLAM 11-27 30TH DRIVE 05/25/2011 05/25/2016 LONG ISLAND CITY NY 11102 DOL NYC SHAHZAD ALAM 21107 28TH AVE 07/02/2012 07/02/2017 BAYSIDE NY 11360 DOL DOL *****6904 SIGNING STAR LIMITED 5 HANSEN PLACE 09/18/2013 09/18/2018 LIABILITY COMPANY WAYNE NJ 07470 DOL DOL *****0667 SNEEM CONSTRUCTION INC 43-22 42ND STREET 07/01/2011 07/01/2016 SUNNYSIDE NY 11104 DOL DOL *****4025 SOLUTION MATTERS INC 198 NORWOOD ROAD 11/19/2015 11/19/2020 PORT JEFFERSON NY 11776 DOL DOL SPASOJE DOBRIC 61 WILLET STREET - SUITE 07/09/2010 02/23/2017 PASSAIC NJ 07055 DOL NYC *****4934 SPHINX CONTRACTING CORP 240 HOME STREET 08/04/2014 08/04/2019 TEANECK NJ 07666 DOL DOL SPORTSCRAFTERS INC 113 N MAPLE AVENUE 02/21/2013 02/21/2018 GREENSBURG PA 15601 DOL DOL *****3539 SPOTLESS CONTRACTING IMPACT 44 THIELLS-MT IVY ROAD 10/14/2011 10/14/2016 INDUSTRIAL POMONA NY 10970 SERVICES INC DOL DOL *****3496 STAR INTERNATIONAL INC 89-51 SPRINGFIELD BLVD 08/11/2003 08/11/3003 QUEENS VILLAGE NY 11427 DOL DOL STEPHEN BIANCHI 462 LAKEVIEW AVENUE 12/16/2013 12/16/2018 VALHALLA NY 10595 DOL DOL STEPHEON SHELDON FANTASTIC 493 LANSING ROAD 11/18/2013 11/18/2018 PAINTING FULTONVILLE NY 12072 DOL DOL STEVEN CONKLIN 60 COLONIAL ROAD 02/15/2011 02/15/2016 STILLWATER NY 12170 DOL DOL STEVEN SAGGESE 3005 WYNSUM AVENUE 08/18/2014 08/18/2019 MERRICK NY 11566 DOL DOL STUART CHAITIN 634 ROUTE 303 07/26/2012 11/19/2018 BLAUVET NY 10913 DOL NYC *****9432 SUBLINK LTD 346 THIRD AVENUE 11/19/2015 11/19/2020 PELHAM NY 10803 DOL DOL *****3210 SUPER SWEEP FMS 4 LEGHORN COURT 11/28/2012 11/28/2017 NEW YORK NY 11746 DOL DOL SUZANNE G GOLD C/O GOLDS 25 HAMILTON ROAD 10/16/2013 10/16/2018 FLOORING MONTICELLO NY 12701 INSTALLATION S INC DOL DOL *****7441 T & T CONCRETE INC 2560 HAMBURG TURNPIKE 07/08/2015 07/08/2020 P O BOX 367LACKAWANNA NY 14218 DOL DOL *****9676 T D CONTRACTORS CORP T D 113 N MAPLE AVENUE 02/21/2013 02/21/2018 CONTRACTOR GREENSBURG PA 15601 S INC DOL DOL T D CONTRACTORS INC 113 N MAPLE AVENUE 02/21/2013 02/21/2018 GREENSBURG PA 15601 DOL DOL TAMMY LACITIGNOLA C/O CATSKILL FENCE INSTAL 08/22/2014 08/22/2019 5445 ROUTE 32CATSKILL NY 12414
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DOL DOL TECH-MECHANICAL FAB DC 5 PARKER AVENUE 03/25/2014 03/25/2019 INC POUGHKEEPSIE NY 12601 DOL DOL *****0887 THE BRINSON PAINTING 72 TAUNTON PLACE 04/14/2015 04/14/2020 CORPORATION BUFFALO NY 14216 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 *****4293 THE J OUVINA GROUP LLC 344 SOUNDVIEW LANE 11/22/2011 11/22/2016 COLLEGE POINT NY 11356 DOL DOL THE THORNE GROUP INC 113 N MAPLE AVENUE 02/21/2013 02/21/2018 GREENSBURG PA 15601 DOL DOL *****2070 THE UNIVERSAL GROUP OF 212 OXFORD WAY 12/11/2012 09/16/2018 NEW YORK INC SCHENECTADY NY 12309 DOL DOL *****9243 THE WELCOME MAT P O BOX 268 09/16/2013 03/21/2019 PROPERTY MANAGEMENT STILLWATER NY 12170 LLC DOL DOL THEONI ATHANASIADIS C/O SEVEN STAR ELECTRICAL 06/27/2011 06/27/2016 23-24 STEINWAY STREETASTORIA NY 11105 DOL DOL THOMAS DESANTIS DESANTIS 161 OSWEGO RIVER ROAD 09/24/2013 11/18/2018 ENTERPRISES PHOENIX NY 13135 DOL NYC THOMAS SCARINCI 130-43 92ND AVENUE 11/27/2013 11/27/2018 RICHMOND HILLS NY 11418 DOL DOL *****2734 THREE FRIENDS 986 MADISON AVENUE 01/03/2013 01/03/2018 CONSTRUCTION CORP PATERSON NJ 07501 DOL NYC *****6253 THUNDER BROTHERS CORP 24 CONGRESS LANE 05/01/2013 05/01/2018 SOUTH RIVER NJ 08882 DOL DOL TIMOTHY F BARBER 635 LUZERNE ROAD 09/16/2013 09/16/2018 QUEENSBURY NY 12804 DOL NYC TIMOTHY O'SULLIVAN C/O SNEEM CONSTRUCTION 07/01/2011 07/01/2016 4322 42ND STREETSUNNYSIDE NY 11104 DOL NYC *****1523 TM MECHANICAL CORP 130-43 92ND AVENUE 11/27/2013 11/27/2018 RICHMOND HILLS NY 11418 DOL DOL *****0600 TOMSON ALLOYS RECYCLING 143 FILLMORE AVENUE 01/08/2015 01/08/2020 INC BUFFALO NY 14210 DOL DOL *****8176 TOURO CONTRACTING CORP 1541 EAST 56TH STREET 05/04/2012 05/04/2017 BROOKLYN NY 11234 DOL DOL *****2357 TRAC CONSTRUCTION INC MUNICIPAL 9091 ERIE ROAD 02/03/2011 02/03/2016 MILLING & MIX ANGOLA NY 14006 -IN- PLACE DOL DOL *****6914 TRI-COUNTY RESTORATIONS 13 SUMMERSET DRIVE 08/22/2014 08/22/2019 & CONSTRUCTION INC WALLKILL NY 12589 DOL DOL TRI-COUNTY RESTORATIONS 392 ROCK CUT ROAD 08/22/2014 08/22/2019 INC WALDEN NY 12586 DOL DOL *****5213 TRIAD PAINTING CO INC 656 N WELLWOOD AVE/STE C 09/01/2011 09/01/2016 LINDENHURST NY 11757 DOL DOL TROY D CLARKE ADVANCED 387 RIVERSIDE DRIVE 10/01/2012 10/01/2017 METALS JOHNSON CITY NY 13790 DOL AG *****6490 UNIVERSAL STEEL 90 JUNIUS STREET 01/23/2014 01/23/2019 FABRICATORS INC BROOKLYN NY 11212 DOL NYC *****7174 V&R CONTRACTING P O BOX 957 03/12/2014 03/12/2019 PORT JEFFERSON STA NY 11776 DOL NYC VALERIE VISCONTI 346 THIRD AVENUE 11/19/2015 11/19/2020 PELHAM NY 10803 DOL NYC VEAP SELA C/O COLONIAL 247 48TH STREET 02/05/2014 02/05/2019 ROOFING BROOKLYN NY 11220 COMPANY INC DOL DOL *****3270 VEZANDIO CONTRACTING 530 BEECH STREET 07/02/2012 07/02/2017 CORP NEW HYDE PARK NY 11040 DOL NYC VICK CONSTRUCTION 21 DAREWOOD LANE 12/31/2013 12/31/2018 VALLEY STREAM NY 11581 DOL NYC VICKRAM MANGRU VICK 21 DAREWOOD LANE 12/31/2013 12/31/2018 CONSTRUCTI VALLEY STREAM NY 11581 ON DOL NYC VINCENT PIZZITOLA P O BOX 957 03/12/2014 03/12/2019 PORT JEFFERSON STA NY 11776 DOL DOL WESLEY J STAROBA 206 TALLY HO COURT 06/19/2013 06/19/2018 SCHENECTADY NY 12303 DOL DOL *****0078 WESLEY J STAROBA INC S & S 235 BROADWAY 06/19/2013 06/19/2018 ELECTRIC SCHENECTADY NY 12306 DOL DOL *****7617 WHITE PLAINS CARPENTRY P O BOX 309 12/04/2009 05/04/2017 CORP WHITE PLAINS NY 10603
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DOL DOL WILLIAM CONKLIN 5 PARKER AVENUE 03/25/2014 03/25/2019 POUGHKEEPSIE NY 12601 DOL DOL WILLIAM MAZZELLA 134 MURRAY AVENUE 02/03/2014 02/03/2019 YONKERS NY 10704 DOL DOL WILLIAM THORNE 113 N MAPLE AVENUE 02/21/2013 02/21/2018 GREENSBURG PA 15601 DOL DOL WILLIE BRINSON 72 TAUNTON PLACE 04/14/2015 04/14/2020 BUFFALO NY 14216 DOL DOL *****6195 WILSON BROTHER DRYWALL 36 ABERSOLD STREET 08/31/2015 08/31/2020 CONTRACTORS ROCHESTER NY 14621 DOL NYC *****5498 XAVIER CONTRACTING LLC 68 GAYLORD ROAD 02/10/2011 02/10/2016 SCARSDALE NY 10583 DOL DOL YURIY IVANIN C/O MOUNTAIN'S AIR INC 09/24/2012 09/18/2020 2471 OCEAN AVENUE-STE 7ABROOKLYN NY 11229
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AGENCY Fiscal Officer FEIN EMPLOYER NAME EMPLOYER ADDRESS DEBARMENT DEBARMENT DBA NAME START DATE END DATE DOL DOL AIRPORT SERVICE LTD P O BOX 548 11/28/2012 11/28/2017 MORICHES NY 11955 DOL DOL *****8954 AMERICAN INDUSTRIAL 10 CHELSEA PLACE 02/17/2011 02/17/2016 CLEANING CO INC GREAT NECK NY 11021 DOL DOL *****5530 CFM SERVICE CORPORATION P O BOX 548 11/28/2012 11/28/2017 INC MORICHES NY 11955 DOL NYC *****8356 JETSTREAM MAINTENANCE 7156 ROCKAWAY BLVD 04/28/2011 04/28/2016 CORP WOODHAVEN NY 11421 DOL DOL JOSEPH KLEINPETER CFM SERVICE P O BOX 548 11/28/2012 11/28/2017 CORPORATIO MORICHES NY 11955 N INC DOL DOL MYRON STEMPA 10 CHELSEA PLACE 02/17/2011 02/17/2016 GREAT NECK NY 11021 DOL DOL *****0744 NCLN20 INC 3494 HALL LANE 05/23/2013 05/23/2018 P O BOX 69LAFAYETTE CA 94549 DOL NYC ROBERT SARDINA C/O TRAFFIC MOVING 03/31/2015 03/31/2020 SYSTEM 66 ALEXANDER STREETYONKERS NY 10701 DOL NYC SAE KEON WON 7156 ROCKAWAY BLVD 04/28/2011 04/28/2016 WOODHAVEN NY 11421 DOL DOL SIHAYA JONES C/O NCLN20 INC 05/23/2013 05/23/2018 3404 HALL LANELAFAYETTE CA 94549 DOL DOL STEPHEN JONES C/O NCLN10 INC 05/23/2013 05/23/2018 3404 HALL LANELAFAYETTE CA 94549 DOL NYC *****2049 TRAFFIC MOVING SYSTEMS 66 ALEXANDER STREET 03/31/2015 03/31/2020 INC YONKERS NY 10701
Page 1 of 1
APPENDIX "A" I. LIEN LAW
The attention of the Contractor* is specifically called to the provisions of Section 25 and Article 3A of the lien law of the State of New York, as amended, wherein funds received by a contractor for a public improvement are declared to constitute trust funds in the hands of such contractor to be applied first to the payment of certain claims. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Authority a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release or receipt; in full, furnish a bond satisfactory to the Authority, to indemnify it against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Authority all monies that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fee.
II. WORKER'S COMPENSATION LAW
A. The Contractor specifically agrees, as required by the New York Finance Law, Section 142 that:
(1) He will secure Workers' Compensation for the benefit of, and keep insured during the Contract period, such employees as are required to be insured by the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workers' Compensation Law.
(2) The Contract shall be void and of no effect unless the Contractor complies with this section.
III. PAYMENT OF TAXES
A. Except as provided in the following paragraphs of this section, the Contractor shall pay all applicable New York and local sales and compensating use taxes on sales to, or use by, the Contractor of tangible personal property and services employed by the Contractor in the performance of the Contract. The contractor shall include all costs in connection therewith in the applicable lump sums, unit process or other payment terms bid in the schedule. The Authority will not reimburse the Contractor for such taxes paid except taxes for which exemption is not provided by law which are part of actual expenses paid by the Contractor which the Contract expressly provided reimbursement for.
B. Under the provisions of the New York State Sales and Compensating Use Tax Act, the Authority is an organization exempt from the payment of such state and municipal taxes on sales to the Authority of tangible property or services. The Authority is not required to furnish exemption certificates, and the Authority's contract may be accepted in lieu of an exemption certificate with the Contractor's copy as proof that the sales are exempt.
C. Pursuant to New York State Law Sections 1115(a); 1116(a) and 1210)a), receipts from tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of the Authority or adding to, altering or improving real property, property or land of the Authority, as the terms real property, property or land are defined in the Real Property Tax Law, are exempt from the tax on retail sales imposed under Section 1105 of the Tax Law and the compensating use tax imposed under Section 1110 of the Tax Law and corresponding City and Country sales and use taxes; provided, however, such tangible personal property is to become an integral component of such structure, building or real property.
D. Pursuant to Paragraph 12 of subdivision (a) of Section 1115 of the New York State Tax Law and Section 1210(a)(1) as it applies to cities of less than one million, receipts from machinery or equipment for the use or consumption, directly and predominantly in the production of tangible personal property, electricity or steam for sale by manufacturing, processing, generating or assembling (but not including parts with a useful life of one year or less or tools or supplies used in connection with such machinery, equipment or apparatus) are exempt from the tax on retail sales imposed under Section 1105 of the Tax Law, and the Compensating Use Tax imposed under Section 110 of the Tax Law, and imposed by any county (except one wholly a city) or city of less than one million.
E. If Contractor is billed for any New York State or local sales or compensating use tax with respect to such machinery or equipment or with respect to such tangible personal property for use in erecting such structure or building and which is to become an integral component part of such structure, building or real property, he shall pay such tax under protest, preserving his right to a refund, and shall notify the Authority of any such payment within 15 days of making it. The Authority will assist the Contractor in obtaining a refund of any such tax. If any such tax is finally determined to be payable by the highest authority from which the Authority elects to seek a determination as to the legal necessity of such payment, the Authority will reimburse Contractor for the amount paid, including any penalty or interest.
If requested by Contractor, the Authority will reimburse the Contractor prior to such final determination for any such tax paid under protest upon assignment by Contractor to Authority of all Contractor's rights.
F. The Contractor will not be paid as to any item of tax on the sale or use of tangible personal property which became an integral component part of such structure, building or real property unless he furnishes evidence that any such tax paid thereon under protest.
IV. STATE FINANCE LAW LOBBYING PROVISIONS
For purposes of this Section, “Contacts” shall mean any oral, written or electronic communication with the Authority under circumstances where a reasonable person would infer that the communication was intended to influence the procurement.
Pursuant to State Finance Law §§139-j and 139-k, restrictions are imposed on certain communications between the Authority and a Bidder/Contractor during the procurement process. A bidder/contractor is restricted from making Contacts from the earliest invitation for a bid or request for proposal through the final award and approval of the procurement contract by the Authority (“Restricted Period”) to Authority employees, other than those designated for such purpose in the initial solicitation, unless it is a Contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Authority employees are also required to obtain certain information when Contacted during the Restricted Period. The Authority shall make a determination of the responsibility of the bidder/contractor in compliance with these two statutes. Certain findings of non-responsibility can result in a rejection for contract award and in the event of two findings within a four year period, the bidder/contractor is debarred from obtaining governmental procurement contracts. Further information about these
* As used throughout this Appendix, the term “Contractor” shall mean the party performing the work hereunder for the Authority. PROC-A Rev. 4, 8/09
requirements can be found in Appendix J.
V. OTHER APPLICABLE LAWS AND REGULATIONS
The Contractor shall comply with all applicable laws, rules and regulations of such governments and governmental agencies as have jurisdiction with respect to its business and the work to be performed under this Contract. Violation of such rules and regulations, or conditions or practices prescribed thereby, occurring in the performance of the work hereunder by the Contractor shall not relive the Contractor of any of his obligations set forth herein, and any penalties or expense resulting shall be the responsibility of the Contractor and not of the Authority.
VI. LABOR PROVISIONS
A. The execution of the Contract by the Contractor binds him to the following specific requirements. The Contractor specifically agrees that:
(1) No laborer, worker or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or any part of the work included in this Contract shall be permitted or required to work more than 8 hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law.
(2) The wages to be paid to, and the supplements (fringe benefits) to be provided for, the laborers, workers and mechanics so employed in the performance of the Contract shall be not less than the prevailing hourly rate wages and supplements listed in the prevailing rate schedules, if any, annexed to the specifications for the work, and any re- determinations, (updating) of such schedules by the Commissioner of Labor after the Contract is let. Such re-determination shall be deemed part of the contract to be effective as prescribed in the re-determination. The failure to have the initial prevailing rate schedules annexed to the specifications shall not relieve the Contractor, subcontractor or other person from doing or contracting to do the work from the requirements with respect to paying and providing the prevailing wages and supplements.
(3) In situations in which there are not sufficient laborers, workers and mechanics who may be employed to carry on expeditiously the work contemplated by the Contract and the immediate commencement or prosecution or completion without undue delay of the work is necessary for the preservation of the contract site and for the protection of the life and limb of the persons using same, such laborers, workers and mechanics shall be permitted or required to work more than 8 hours in any one calendar day; provided however, that upon application of the Contractor, the Authority shall have first certified to the Commissioner of Labor of the State of New York that such public work is of an important nature and that any delay in carrying it to completion would result in serious disadvantage to the public; and provided further that such Commissioner of Labor shall have determined that such an emergency does in fact exist, as provided in Subdivision 2 of Section 220 of the Labor Law.
(4) Failure of the Authority to make certification to the Commissioner of Labor shall not entitle the Contractor to any damages whatsoever.
(5) The Contractor and all subcontractors shall submit to the Authority, 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 filing of the payrolls by the Contractor, with the Authority, as required by Labor Law Section 220, is a condition precedent to payment of any sums due and owing the Contractor for the work. The Contractor and each subcontractor shall furnish to the Authority on demand any other information required by the Authority to satisfy it that the provisions of the Labor Laws as to the hours of employment and rates of wages are being performed.
(6) The Labor Law provides that the Contract shall be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than the stipulated wage scales as provided in Labor Law, Section 220, Subdivision 3 as amended.
B. The Contractor specifically agrees as required by the provisions of the Labor Law, Section 220-e as amended, that:
(1) In hiring of employees for the performance of the work under this contract or any subcontract hereunder, neither he nor any of his subcontractors, nor any person acting on his or their 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.
(2) Neither her nor any of his subcontractors, nor any person acting on his or their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of the work under the Contract or a subcontract on account of race, creed, color, disability, sex or national origin.
(3) There may be deducted from the amount payable to the Contractor by the Authority under the Contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Contract; and the Contract may be cancelled or terminated by the Authority, and all monies due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of the Contract.
(4) The provisions of Section 220-e covering manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York.
VII. NO COLLUSION OR FRAUD
Contractor hereby agrees that the only person interested as principal or principals in the proposal submitted by Contractor for this agreement are named therein, and that no person other than those mentioned therein, has any interest in the above-mentioned proposal or in the securing of the award and that this Contract has been secured without any connection with any person or persons other than those named and that the proposal is in all respects fair and was prepared and the Contract was secured without collusion or fraud and that neither any officer nor employee of the Authority has or shall have a financial interest in the performance of the Contract of in the supplies, work or business to which it relates or in any portion of the profits thereof.
ACCEPTED AND AGREED TO:
NAME OF CONTRACTOR NAME OF OFFICER-SIGNED
Title NAME OF OFFICER/PRINTED/TYPED
Date
* As used throughout this Appendix, the term “Contractor” shall mean the party performing the work hereunder for the Authority. PROC-A Rev. 4, 8/09 APPENDIX "B" A. GENERAL 1. This statement is intended to establish rules and regulations as required under Section 2880 of the Public Authorities Law describing the policy of the Power Authority of the State of New York (the "Authority") to promptly pay all proper invoices submitted by any Contractor. Subject to the conditions and exceptions set forth in Section 2880 and herein, in the event any proper invoice is not paid promptly, the Authority shall be liable for the payment of interest on late payments. This policy shall apply to all Contracts entered into on or after April 30, 1988. B. DEFINITIONS 1. "CONTRACT" means an enforceable agreement entered into between the Authority and a Contractor. 2. "CONTRACTOR" means any person, partnership, private corporation or association: a) selling materials, equipment or supplies or leasing property or equipment to the Authority; b) constructing, reconstructing or repairing buildings, highways or other improvements for or on behalf of the Authority; or c) rendering or providing services to the Authority pursuant to a Contract. 3. "DESIGNATED PAYMENT OFFICE" means the office designated by the Authority to which a proper invoice is to be submitted by a Contractor. 4. "PROPER INVOICE" means a written request for a Contract Payment that is submitted by a Contractor to the Authority's designated payment office setting forth the description, price and quantity of goods, property or services delivered or rendered in accordance with the terms of the Contract, in such form and supported by such other substantiating documentation as the Authority may reasonably require. 5. "RECEIPT OF AN INVOICE" and "INVOICE RECEIVED DATE" mean (a) the date on which proper invoice is actually received in the designated payment office, or (b) the date on which the Authority receives the purchased goods, property or services covered by the proper invoice, whichever is later. With regard to final payments on construction contracts, (b) shall mean the date on which all the Contract Work has been accepted as completed by the Authority in accordance with the Contract terms. 6. "SET-OFF" means the reduction by the Authority of a payment due a Contractor by an amount equal to the amount of an unpaid legally enforceable debt owed by the Contractor to the Authority. C. RESPONSIBILITY FOR PROMPT PAYMENT 1. The Authority's Controller shall have the responsibility for the implementation of the Prompt Payment Policy and the prompt payment of all proper invoices under the general guidance and supervision of the Executive Vice President & Chief Financial Officer. D. PROMPT PAYMENT PROCEDURE 1. A Contractor shall request payment under a Contract by submitting a proper invoice to the Authority at its designated payment office at the time and in the manner specified in the Contract. 2. The Authority shall have fifteen (15) calendar days after receipt of an invoice at its designated payment office to notify the Contractor of certain facts and conditions, including but not limited to those listed below, which, in the opinion of the Authority's Controller, justify extension of the statutory payment period. a) there is a defect in the delivered goods, property or services; b) there is a defect in the invoice; c) there are suspected defects or improprieties of any kind the existence of which prevent the commencement of the statutory payment period; d) prior to payment, a statutory or contractual provision requires an inspection period or an audit to determine the resources applied or used by the Contractor in fulfilling the contract terms; e) a proper invoice must be examined by the federal government prior to payment; f) the Authority is prevented from making payment by reason of the filing of a lien, attachment, other legal process or requirement of law. Any time taken to satisfy or rectify any such facts or conditions shall extend the date by which contract payment must be made in order for the Authority not to become liable for interest payments by an equal period of time. 3. Should the Authority fail to notify a Contractor of such facts and conditions within fifteen calendar days of the invoice received date, the number of days allowed for payment of the corrected proper invoice will be reduced by the number of days between the fifteenth day and the day that notification was transmitted to the Contractor. Should the Authority, in such situations, fail to provide reasonable grounds for its contention that a fact or condition justifying a time extension exists, the date by which contract payment must be made in order for the Authority not to become liable for interest payment shall be calculated from the invoice received date. 4. The Authority shall make payment within forty five (45) calendar days after the invoice received date. Effective July 1, 1989, the Authority shall make payment within thirty (30) calendar days, excluding legal holidays, after invoice received dates occurring after that date. 5. Except for the payments described in Paragraph E, every payment by the Authority to a Contractor pursuant to a Contract is eligible for interest should the Authority fail to make such payment within forty five (45) days after the invoice received date for contracts entered into between April 30, 1988 and June 30, 1989 and within thirty (30) days for contracts entered into on or after July 1, 1989. 6. The Authority shall not be liable for interest on any retention amounts withheld by the Authority in accordance with the terms of the Contract. 7. Interest shall be computed at the rate set by the state tax commission for corporate taxes pursuant to paragraph one of subsection (e) of section 1096 of the tax law, but the Authority shall not be liable for payment of interest when such interest is less than ten dollars. 8. The Authority has available funds in its custody to pay all interest penalties. E. EXCEPTIONS 1. Payments are not eligible for interest when they are due and owing by the Authority: a) under the eminent domain procedure law; b) as interest allowed on a judgement by a court pursuant to any provision of law other than section 2880 of the Public Authorities Law; c) to the federal government; to any state agency or its instrumentalities; to any duly constituted unit of local government including but not limited to, counties, cities, towns, villages, school districts, or any of their related instrumentalities; to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity; d) in situations where the Authority exercises a legally authorized set-off against all or part of the payment due the Contractor. PROC-B Rev. 2, 3/2010 Contract No. ______
APPENDIX C
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE (M/WBE) PARTICIPATION GOAL REQUIREMENT
I. General Provisions
A. In accordance with the New York Power Authority’s (hereinafter referred to as “Authority” or “NYPA”) Minority and Women-Owned Business Enterprise (“M/WBE”) Policy and with Article 15-A of the Executive Law and the regulations promulgated thereto, the Authority has established the following Minority Business Enterprise (MBE) and Women-Owned Business Enterprise (WBE) participation goals for this contract. The goals are applicable to the total contract price (i.e., the base contract and all change orders). It is the Contractor's responsibility to secure participation in the contract scope of work by M/WBEs to satisfy the goals, or to document satisfactory good faith efforts taken to fulfill the goals. Participation is measured as the amount actually paid to the M/WBEs, not the contract bid price for the work.
It is the policy of the Authority to encourage the greatest possible participation by (M/WBEs) in the Authority's procurement process. Therefore, to ensure that M/WBEs are given the maximum practical opportunity to participate, the parties agree, as a condition of this contract, to be bound by the provisions of Section 316 of Article 15-A of the Executive Law, as well as to any other applicable provisions under the law and this Contract. SANCTIONS MAY BE IMPOSED FOR THE CONTRACTOR'S NON- COMPLIANCE.
For purposes of this procurement, the Authority hereby establishes an overall goal of _30_% for Minority and Women-Owned Business Enterprises (“M/WBE”) participation, (based on the current availability of qualified MBEs and WBEs). A contractor (“Contractor”) on the Contract must document good faith efforts to provide meaningful participation by M/WBEs as subcontractors or suppliers in the performance of the Contract and Contractor agrees that NYPA may withhold payment pending receipt of the required MBE/WBE documentation. The directory of New York State Certified M/WBEs can be viewed at: Construction http://www.esd.ny.gov/MWBE.html.
Overall M/WBE Participation ___30__%
Minority-Owned Business Enterprises (“MBE”) participation ___15__%
Women-Owned Business Enterprises (“WBE”) participation ___15__%
(Based on the current availability of qualified MBEs and WBEs)
Contractor's Responsibilities
The Contractor will designate and make known to the Authority an M/WBE Officer who will have the responsibility for and authority to effectively administer an M/WBE Program.
The Contractor hereby agrees to carry out this Policy in the awarding of subcontracts. The Contractor further agrees to cooperate in any audits, studies or surveys as may be conducted by the Authority, consultant to the Authority, or any government agency which may have jurisdiction, as may be necessary to determine the extent of Contractor's compliance with this Policy.
The Contractor agrees that its acceptance of the terms of this contract, including the specific goals established for M/WBE participation, constitutes a commitment to make every good faith effort to meet such goals by subcontracting to or purchasing goods and services from M/WBEs.
PROC-C Page 1 of 15 Rev. 4.0, 7/22/2014 Firms certified as both MBE and WBE may count toward either the MBE or WBE goal on a single contract, but not both, regardless of whether either goal is thus exceeded. The Contractor must choose the goal to which the participation value is to be applied at the beginning of the contract.
B. The New York Power Authority is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 (“M/WBE Regulations”) for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.
C. The Contractor to the subject Contract agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the Authority to fully comply and cooperate with the Authority in the implementation of New York State Executive Law Article 15-A. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for certified minority and women-owned business enterprises (“M/WBEs”). Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, state or local laws.
D. Failure to comply with all of the requirements herein may result in a finding of non-responsiveness, non- responsibility and/or a breach of contract, leading to the withholding of funds or such other actions, and liabilities for liquidated damages pursuant to Section VII of this Appendix or enforcement proceedings as allowed by the Contract.
E. ON-LINE UTILIZATION PLAN SUBMISSION (For Construction Contractors Only over $100,000.) – Upon execution of a State contract, for the acquisition, construction, demolition, replacement, major repair or renovation of real property, the construction contractor shall submit its On-line utilization plan to http://www.nypa.gov/mwbe/default.aspx within ten (10) days of notice of award to the Authority. Once approved the contractor’s plan will reside on the Authority’s website for a period not to exceed 90 days for public viewing.
II. Contract Goals
A. For purposes of providing meaningful participation by M/WBEs on the Contract and achieving the Contract Goals established in Section II-A hereof, Contractor should reference the directory of New York State Certified M/WBEs found at the following internet address: ___ http://www.esd.ny.gov/MWBE.html ______+_ Additionally, Contractor is encouraged to contact the Division of Minority and Women Business Development (518) 292-5250; (212) 803-2414; or (716) 846-8200) to discuss additional methods of maximizing participation by M/WBEs on the Contract.
B. Where M/WBE goals have been established herein, pursuant to 5 NYCRR §142.8, Contractor must document “good faith efforts” to provide meaningful participation by M/WBEs as subcontractors or suppliers in the performance of the Contract. In accordance with Section 316-a of Article 15-A and 5 NYCRR §142.13, the Contractor acknowledges that if Contractor is found to have willfully and intentionally failed to comply with the M/WBE participation goals set forth in the Contract, such a finding constitutes a breach of contract and the Contractor shall be liable to the Authority for liquidated or other appropriate damages, as set forth herein.
WHERE THE AUTHORITY DISQUALIFIES A BID OR PROPOSAL OF A CONTRACTOR AS BEING NON-RESPONSIVE FOR FAILURE TO REMEDY DEFICIENCIES IN THE UTILIZATION PLAN, OR UPON A DETERMINATION THAT THE CONTRACTOR'S UTILIZATION PLAN DOES NOT INDICATE THAT THE CONTRACT GOAL REQUIREMENTS FOR PARTICIPATION OF M/WBE'S WILL BE MET AND THE CONTRACTOR HAS NOT DOCUMENTED GOOD-FAITH EFFORTS, THE AUTHORITY, IN ITS DISCRETION, MAY AWARD THE CONTRACT TO THE NEXT LOWER RESPONSIBLE CONTRACTOR OR TO THE NEXT MOST TECHNICALLY QUALIFIED OR OTHERWISE ACCEPTABLE CONTRACTOR, NOTWITHSTANDING THAT THE DISQUALIFIED CONTRACTOR PURSUES ANY REMEDIES AVAILABLE TO IT PURSUANT TO ARTICLE 15-A OF THE EXECUTIVE LAW OR OTHERWISE. PROC-C Page 2 of 15 Rev. 4.0, 7/22/2014 1) If the Authority determines that the Contractor has not fulfilled its M/WBE obligations, the Authority will send a notice to the Contractor requesting that the Contractor provide in writing, within a reasonable time as stated by the Authority, the necessary evidence of good faith efforts. If the Contractor fails to objectively demonstrate the required good-faith efforts, the Authority shall determine the Contractor to be in non-compliance and will so notify the “Director” of Empire State Economic Development, Division of Minority and Women’s Business Development and the Contractor in writing.
2) Whenever all efforts to effect compliance have failed and the necessary good faith efforts have not been demonstrated, the Authority may take the following actions: (a) Reduction of the amount obligated for expenditure pursuant to the contract. (b) Suspension or termination of the contract. (c) Retention of payments until compliance with the contract goal requirements. (d) Bid Forfeiture. (e) Bar the Contractor from eligibility for award of other Authority contracts for a specific amount of time or until corrective action has been taken. The determination of what corrective action is acceptable is solely within the discretion of the Authority. (f) Any other penalties which are authorized by law. (g) Deem a contractor ineligible to submit a bid to any contracting agency or be awarded any such contract for a period not to exceed one year following the final determination. III. Equal Employment Opportunity (EEO) – Appendix G
A. Contractor agrees to be bound by the provisions of Article 15-A and the M/WBE Regulations promulgated by the Division of Minority and Women's Business Development of the Department of Economic Development (the “Division”). If any of these terms or provisions conflict with applicable law or regulations, such laws and regulations shall supersede these requirements.
B. Contractor shall comply with the following provisions of Article 15-A:
1) Contractor and Subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.
2) The Contractor shall submit an EEO policy statement to the Authority within seventy-two (72) hours after the date of the notice by the Authority to award the Contract to the Contractor.
3) If Contractor or Subcontractor does not have an existing EEO policy statement, the Authority may provide the Contractor or Subcontractor a model statement (see below).
The Contractor’s EEO policy statement shall include the following language:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force. b. The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.
PROC-C Page 3 of 15 Rev. 4.0, 7/22/2014 c. The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein. d. The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection III which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the Contract. . C. Appendix G - Form G-1 Staffing Plan *See Appendix-G Documents*
To ensure compliance with this Section, the Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. Contractors shall complete the Staffing plan form and submit it as part of their bid or proposal.
D. Appendix G - Forms G 1 – G 5 (as applicable) Workforce Employment Utilization Report (“Workforce Report”)
1) Once a contract has been awarded and during the term of Contract, Contractor is responsible for updating and providing notice to the Authority of any changes to the previously submitted Staffing Plan. This information is to be submitted on a quarterly basis during the term of the contract to report the actual workforce utilized in the performance of the contract by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Workforce Report must be submitted to report this information.
2) Separate forms shall be completed by Contractor and any subcontractor performing work on the Contract.
3) In limited instances, Contractor may not be able to separate out the workforce utilized in the performance of the Contract from Contractor's and/or subcontractor’s total workforce. When a separation can be made, Contractor shall submit the Workforce Report and indicate that the information provided related to the actual workforce utilized on the Contract. When the workforce to be utilized on the contract cannot be separated out from Contractor's and/or subcontractor’s total workforce, Contractor shall submit the Workforce Report and indicate that the information provided is Contractor's total workforce during the subject time frame, not limited to work specifically under the Contract.
IV. M/WBE Utilization Plan
A. Contractors will use Attachment No. 1 – Utilization Form for identification of M/WBEs.
B. Contractor represents and warrants that Contractor has submitted a FINAL M/WBE Utilization Plan either prior to, or at the time of, the execution of the Contract.
C. Contractor agrees to use such M/WBE Utilization Plan for the performance of M/WBEs on the Contract pursuant to the prescribed M/WBE goals set forth in Section III-A of this Appendix.
C. Contractor further agrees that a failure to submit and/or use such M/WBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, the Authority shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non- responsiveness.
PROC-C Page 4 of 15 Rev. 4.0, 7/22/2014 E. Good-Faith Efforts
To satisfy the M/WBE participation requirements, the Contractor must (at a minimum) make the following good-faith efforts and must prove all such efforts through the submission of written documented evidence. The Authority may consider any criteria it determines is relevant, including, but not limited to:
(1) A completed, acceptable Utilization Plan submitted in accordance with applicable requirements to meet goals established in the contract for participation of minority and women-owned business enterprises.
(2) Copies of any advertisements published in appropriate general circulation, trade and minority and women- oriented publications in a timely fashion and date(s) of the publication of such advertising.
(3) Copies of any written solicitations made in a timely fashion to minority and women-owned business enterprises listed in the Directory. If solicitations were received but a certified minority-or woman-owned enterprise was not selected, the specific reason that such enterprise was not selected.
(4) Timely responses made to any such advertisements and solicitations provided by minority and women-owned business enterprises.
(5) The dates of attendance by a representative of the Contractor who is knowledgeable of the contract scope of work at pre-bid, pre-award, or any meeting scheduled by the Authority for any purpose relating to the Supplier Diversity Program.
(6) Written notification to M/WBE firms and trade associations located within the region where the contract scope of work will be performed.
(7) Description of efforts by the Contractor to reasonably structure the contract scope of work for purposes of subcontracting with, or obtaining supplies from, certified minority and women-owned business enterprises.
(8) Actions to contact and assess the capabilities of minority and women-owned business enterprises located both inside and outside of the immediate region in which the work was or will be performed.
(9) Subcontract terms and conditions offered to minority and women-owned business enterprises, comparable to those offered in the ordinary course of the contractor's business and to other subcontractors of the contractor.
(10) Proof that the contractor made payments for work performed by minority and women-owned business enterprises in timely fashion so as to facilitate continued performance by minority or women-owned business enterprises.
(11)The Contractor's offer to make up any inability to comply with goals established in the contract, in other Authority contracts being performed or to be awarded to the Contractor.
(12) Documented evidence that the Contractor has contacted all M/WBEs who have expressed an interest in the specific contract.
(13)A statement setting forth the contractors’ basis for requesting a partial or total waiver Or any other information determined relevant by the Authority or the contractor
V. Waivers
A. For Waiver / Reductions Requests Contractor should use Attachment No. 2 – Waiver Request Form.
B. If the Contractor, after making good faith efforts, is unable to comply with M/WBE goals, the Contractor may submit a request for a partial or total waiver of their M/WBE requirement by submitting the Attachment No. 2 and documenting Good Faith efforts undertaken to meet such goals. If the documentation included with the waiver request is complete, the Authority shall evaluate the request and NYPA will issue a written notice of acceptance or denial within twenty (20) days of receipt to the extent possible. PROC-C Page 5 of 15 Rev. 4.0, 7/22/2014 C. If the Authority, upon review of the M/WBE Utilization Plan and updated Monthly M/WBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the Contract goals and no waiver has been issued in regards to such non-compliance, the Authority may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of M/WBE Contract Goals.
VI. M/WBE Contractor Compliance Report
Contractor is required to submit an M/WBE monthly Contractor Compliance Report (Attachment No. 3) to the Authority by the 10th day following each end of month over the term of the Contract documenting contractor compliance in achieving the M/WBE goals of the Contract.
VII. Liquidated Damages - M/WBE Participation
A. Contractor expressly agrees to comply with M/WBE compliance requirements of this Contract Document and acknowledges that if it fails to comply and its actions are determined to be willful and intentional by the Authority, such determination may result in a Contractor being liable for liquidated or other damages equal to or exceeding the dollar value of the M/WBE subcontracting goals set forth in the Contract. Where the Authority determines that Contractor is not in compliance with the requirements of the Contract and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the M/WBE participation goals, Contractor shall be obligated to pay to the Authority liquidated or other appropriate damages.
. Such liquidated damages shall be calculated as an amount equaling the difference between:
1) All sums identified for payment to M/WBEs had the Contractor achieved the contractual M/WBE goals; and 2) All sums actually paid to M/WBEs for work performed or materials supplied under the Contract 3) or as specified under the terms of the Authority’s contract documents
B. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Authority, Contractor shall pay such liquidated damages to the Authority within sixty (60) days after they are assessed by the Authority unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the Authority.
PROC-C Page 6 of 15 Rev. 4.0, 7/22/2014 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES –EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT M/WBE AND EEO POLICY STATEMENT
I, ______, the (awardee/contractor)______agree to adopt the following policies with respect to the project being developed or services rendered at ______
M/WBE EEO This Authority will and will cause its (a) This organization will not discriminate contractors and subcontractors to take good faith actions to against any employee or applicant for employment because of achieve the M/WBE contract participation goals set by the race, creed, color, national origin, sex, age, disability or marital State for that area in which the Authority-funded project is status, will undertake or continue existing programs of affirmative located, by taking the following steps: action to ensure that minority group members are afforded equal employment opportunities without discrimination, and shall make (1) Actively and affirmatively solicit bids for contracts and and document its conscientious and active efforts to employ and subcontracts from qualified State certified MBEs or WBEs, utilize minority group members and women in its work force on including solicitations to M/WBE contractor associations. state contracts. (2) Request a list of State-certified M/WBEs from the Authority (b)This organization shall state in all solicitation or advertisements and solicit bids from them directly. for employees that in the performance of the State contract all (3) Ensure that plans, specifications, request for proposals qualified applicants will be afforded equal employment and other documents used to secure bids will be made opportunities without discrimination because of race, creed, color, available in sufficient time for review by prospective national origin, sex disability or marital status. M/WBEs. (c) At the request of the contracting agency, this organization (4) Where feasible, divide the work into smaller portions to shall request each employment agency, labor union, or enhance participation by M/WBEs and encourage the authorized representative will not discriminate on the basis of formation of joint venture and other partnerships among race, creed, color, national origin, sex, age, disability or marital M/WBE contractors to enhance their participation. status and that such union or representative will affirmatively (5) Document and maintain records of bid solicitation, cooperate in the implementation of this organization’s obligations including those to M/WBEs and the results thereof. herein. Contractor will also maintain records of actions that its (d) Contractor shall comply with the provisions of the Human subcontractors have taken toward meeting M/WBE Rights Law, all other State and Federal statutory and contract participation goals. constitutional non-discrimination provisions. Contractor and (6) Ensure that progress payments to M/WBEs are made on a subcontractors shall not discriminate against any employee or timely basis so that undue financial hardship is avoided, applicant for employment because of race, creed (religion), color, and that bonding and other credit requirements are waived sex, national origin, sexual orientation, military status, age, or appropriate alternatives developed to encourage disability, predisposing genetic characteristic, marital status or M/WBE participation. domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non- discrimination on the basis of prior criminal conviction and prior arrest. (e) This organization will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State contract.
Agreed to this ______day of ______, ______
By ______
Print: ______Title: ______
______is designated as the Minority Business Enterprise Liaison (Name of Designated Liaison)
Responsible for administering the Minority and Women-Owned Business Enterprises- Equal Employment Opportunity (M/WBE-EEO) program. PROC-C Page 7 of 15 Rev. 4.0, 7/22/2014 M/WBE Contract Goals
______% Minority and Women’s Business Enterprise Participation
______% Minority Business Enterprise Participation
______% Women’s Business Enterprise Participation
EEO Contract Goals
______% Minority Labor Force Participation
______% Female Labor Force Participation
______(Authorized Representative)
Title:______
Date: ______
Phone:______
Mailing address:______
______
______
______
PROC-C Page 8 of 15 Rev. 4.0, 7/22/2014 M/WBE Utilization Plan Form Attachment 1
Contract No. ______Contract Title:______Total Dollar Value ($)
M/WBE MBE and M/WBE % of Business Name, Address, Telephone Number of Indicate if Projected Description of Work, Products WBE Work MBE’s and WBE’s, including Contact Person MBE or Start and and/or Services to be provided Subcontract Performed in and Federal I.D # WBE Completion Value ($) New York State Date
If the Contractor is a corporation, partnership, or joint venture, this form must be signed respectively, by the president of the corporation, a general partner, or the president/general partner of one of the joint ventures. If it is signed by anyone else, you must include appropriate proof (such as certified copy of the by-laws, partnership agreement or joint venture agreement) which confirms that the person signing this form is authorized to do so. By signing below, the Contractor authorizes the Authority to verify all information provided on this form. Contractor: Authorized Signature: Title:
Address:______Telephone Number: ______
Federal Identification Number: ______Date: ______
PROC-C Page 9 of 15 Rev. 4.0, 7/22/2014 Waiver Request Attachment 2 INSTRUCTIONS: SEE PAGE 2 OF THIS ATTACHMENT FOR REQUIREMENTS AND DOCUMENT SUBMISSION INSTRUCTIONS. Bidder/Contractor Name: Federal Identification No.:
Address: Solicitation/Contract No.:
City, State, Zip Code: M/WBE Goals: MBE % WBE %
By submitting this form and the required information, the bidder/contractor certifies that every Good Faith Effort has been taken to promote M/WBE participation pursuant to the M/WBE requirements set forth under the contract.
Contractor is requesting a:
1. MBE Waiver – A waiver of the MBE Goal for this procurement is requested. Total Partial
2. WBE Waiver – A waiver of the WBE Goal for this procurement is requested. Total Partial
3. Waiver Pending ESD Certification – (Check here if subcontractors or suppliers of Contractor are not certified M/WBE, but an application for certification has been filed with Empire State Development.) Date of such filing with Empire State Development:______
PREPARED BY (Signature): Date:
SUBMISSION OF THIS FORM CONSTITUTES THE BIDDER/CONTRACTOR’S ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH THE M/WBE REQUIREMENTS SET FORTH UNDER NYS EXECUTIVE LAW, ARTICLE 15-A AND 5 NYCRR PART 143. FAILURE TO SUBMIT COMPLETE AND ACCURATE INFORMATION MAY RESULT IN A FINDING OF NONCOMPLIANCE AND/OR TERMINATION OF THE CONTRACT.
Name and Title of Preparer (Printed or Typed): Telephone Email Address: Number:
****FOR SUPPLIER DIVERSITY STAFF USE ONLY **** REVIEWED BY: DATE: Submit with the bid/proposal or after award to: Waiver Granted: YES NO
Supplier Diversity MBE: WBE: Total Waiver Partial Waiver [email protected] ESD Certification Waiver *Conditional
Notice of Deficiency Issued
______
Comments:
PROC-C Page 10 of 15 Rev. 4.0, 7/22/2014 Waiver Request Attachment 2
REQUIREMENTS AND DOCUMENT SUBMISSION INSTRUCTIONS FOR WAIVER REQUEST
When completing the Request for Waiver Form please check all boxes that apply. To be considered, the Request for Waiver Form must be accompanied by documentation for items 1 – 11, as listed below. If box # 3 has been checked above, please see item 11. Copies of the following information and all relevant supporting documentation must be submitted along with the request:
1. A statement setting forth your basis for requesting a partial or total waiver.
2. The names of general circulation, trade association, and M/WBE-oriented publications in which you solicited certified M/WBEs for the purposes of complying with your participation goals.
3. A list identifying the date(s) that all solicitations for certified M/WBE participation were published in any of the above publications.
4. A list of all certified M/WBEs appearing in the NYS Directory of Certified Firms that were solicited for purposes of complying with your certified M/WBE participation levels.
5. Copies of notices, dates of contact, letters, and other correspondence as proof that solicitations were made in writing and copies of such solicitations, or a sample copy of the solicitation if an identical solicitation was made to all certified M/WBEs.
6. Provide copies of responses made by certified M/WBEs to your solicitations.
7. Provide a description of any contract documents, plans, or specifications made available to certified M/WBEs for purposes of soliciting their bids and the date and manner in which these documents were made available.
8. Provide documentation of any negotiations between you, the Bidder/Contractor, and the M/WBEs undertaken for purposes of complying with the certified M/WBE participation goals.
9. Provide any other information you deem relevant which may help us in evaluating your request for a waiver.
10. Provide the name, title, address, telephone number, and email address of Bidder/Contractor’s representative authorized to discuss and negotiate this waiver request.
11. Copy of notice of application receipt issued by Empire State Development (ESD).
Note: Unless a Total Waiver has been granted, the Bidder/Contractor will be required to submit all reports and documents pursuant to the provisions set forth in the Contract, as deemed appropriate by NYPA, to determine M/WBE compliance.
PROC-C Page 11 of 15 Rev. 4.0, 7/22/2014 COMPLIANCE Attachment 3 M/WBE Monthly Report NYPA Contract No. ______The following information indicates the payment amounts made by the grantee/contractor to the NYS Certified M/WBE subcontractor on this project. The payments as shown made are in compliance with contract documents for the above referenced project. Contractors Name and Federal ID# Goals/$ Amt. Address Contract Type ______MBE______%=______WBE______%= ______Date Submitted______
Project Completion Date Work Location Contract Value Paid To Date ______
M/WBE Work Status Total Subcontractor Amount Paid this Subcontractor/Vendor This Report Contract Value ($) Quarter ($) Total Payment Amount to Date ($)
MBE WBE MBE WBE MBE WBE
Name: ___Active Address: ___Inactive ___Complete Name: ___Active Address: ___Inactive ___Complete Name: ___Active Address: ___Inactive ___Complete Name: ___Active Address ___Inactive ___Complete
Totals
Date______Name______Title ______Signature______
PROC-C Page 12 of 15 Rev. 4.0, 7/22/2014 Appendix G Form G-1
STAFFING PLAN - Submit with Bid or Proposal – Instructions on page 2
Solicitation No.: Reporting Entity: Report includes Contractor’s/Subcontractor’s: □ Work force to be utilized on this contract □ Total work force Bidder’s Name: □ Bidder □ Subcontractor Bidder’s Address: Subcontractor’s name______
Check applicable categories: (1) Staff Estimates include: Contract/Project Staff Total Work Force Subcontractors (2) Type of Contract: Construction Consultants Commodities Services/Consultants Work force by Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F)
Officials/Administrators
Professionals
Technicians
Sales Workers
Office/Clerical
Craft Workers
Laborers
Service Workers
Temporary /Apprentices
Totals PREPARED BY (Signature): TELEPHONE NO.: DATE: EMAIL ADDRESS:
PROC-C Page 13 of 15 Rev. 4.0, 7/22/2014 Appendix G Form G-1 NAME AND TITLE OF PREPARER (Print or Type):
General instructions: All Bidders and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (Form G-2)) and submit it as part of the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor’s and/or subcontractor’s total work force, the Bidder shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor’s and/or subcontractor’s total work force, the Bidder shall complete this form for the contractor’s and/or subcontractor’s total work force.
Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the Bidder. 2. Check off the appropriate box to indicate if the Bidder completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate work force to be utilized on the contract or the Bidders’ total work force. 4. Enter the total work force by EEO job category. 5. Break down the anticipated total work force by gender and enter under the heading ‘Work force by Gender’ 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading ‘Work force by Race/Ethnic Identification’. Contact the OM/WBE Permissible contact(s) for the solicitation if you have any questions. 7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings. 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group. The race/ethnic categories for this survey are:
WHITE - (Not of Hispanic origin) All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East.
BLACK - a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa.
HISPANIC - a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
ASIAN & PACIFIC - a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. ISLANDER
NATIVE INDIAN (NATIVE - a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ ALASKAN affiliation or community recognition. NATIVE)
OTHER CATEGORIES
DISABLED INDIVIDUAL anypersonwho: - hasaphysicalormentalimpairmentthatsubstantiallylimitsoneormoremajorlifeactivity(ies) - has a record of such an impairment; or - is regarded as having such an impairment. VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975.
GENDER Male or Female PROC-C Page 14 of 15 Rev. 4.0, 7/22/2014 On-Line Utilization Plan Form Attachment No. 4
NEW YORK POWER AUTHORITY
SUPPLIER DIVERSITY PROGRAM (SDP) CONTRACT NO. ______(for CONSTRUCTION CONTRACTS ONLY)
This information is required ONLY from the Prime Construction Contractor awarded a NYPA construction contract valued at $100,000 or greater.
The Prime Construction Contractor must post its Utilization Plans on the following NYPA website within ten (10) business days of Notice of Award for Authority approval. Once approved, the plan will reside on the NYPA website for a period not to exceed ninety (90) days for public viewing.
WEBSITE POSTING ADDRESS: WWW. http://www.nypa.gov/mwbe/default.aspx
In addition to posting the information required above, please complete and submit a hard copy of your completed Utilization Form and send it, within
10 days of notice of award, to Ms. Yves-Rose Valbrun at:
[email protected] OR Fax it to (914) 681-6783
For any questions regarding this please contact Ms. Valbrun at (914) 681-6453, Damon Williams (914) 287-3852 or Ms. Debra White at (914) 681-
6976.
PROC-C Page 15 of 15 Rev. 4.0, 7/22/2014
Procedure Title: PS 2.1 Background Screening: NYPA Contractor‘s Packet (Appendix D)
Procedure Number: O-TC-32-018-R02
Revision Date 2/1/2016
Approved By: Randy Crissman Vice President, Technical Compliance
Content Owner: Larry Mallory Director, Physical Infrastructure Security
FOR BID INFORMATION PURPOSES ONLY
Background screening company electronic access portal will be provided to the successful bidder upon contract award.
Printed copies are not controlled. For the latest revision of this document, please refer to the Policy and Procedure PowerNet site.
Procedure Title: PS 2.1 Background Screening: Page: 2 of 20 NYPA Contractor‘s Packet (Appendix D)
Revision Revision Description/Modification Author and Title Date mm/dd/yyyy 2 Ryan Aguiar Sr. Physical Infrastructure Security Specialist 6/23/2015 1 Performed biennial review. Performed Ryan Aguiar biennial review. Added supporting Sr. Physical Infrastructure procedures to section 1.0, expanded Security Specialist definitions section 4, added section 5.1 precautions and Limitations, adjusted applicability section, added criteria in section 5.2.7 for valid photo and non-photo identification, updated the CARCO contact information and procedure formatting enhancements. 12/30/2013 0 Original Issue of CS 2.1. Formerly part of Thomas Carpenter CS 2 Background Screening Program. Senior Security Specialist Describes requirements for Contractors seeking unescorted access to NYPA facilities. Refer to last page of document for electronic approvals of latest revision.
Procedure Title: PS 2.1 Background Screening: Page: 3 of 20 NYPA Contractor‘s Packet (Appendix D)
1 PURPOSE The purpose of this procedure is providing guidance to contractors or other authorized third parties requiring completion of a Personal Risk Assessment (PRA) to achieve unescorted access within New York Power Authority (NYPA) Facilities.
2 SCOPE Provides step-by-step actions to be performed by contractor(s) or authorized third parties submitting a background check application as well as providing answers to commonly asked questions regarding the PRA process.
3 APPLICABILITY This procedure applies to all hired contractors requiring unescorted access inside NYPA facilities. BIDDER MUST NOT SUBMIT APPLICATIONS FOR ANY OF ITS PERSONNEL TO SUMMIT SECURITY SERVICES. BACKGROUND SCREENING COMPANY ELECTRONIC ACCESS PORTAL WILL BE PROVIDED TO THE SUCCESSFUL BIDDER UPON CONTRACT AWARD.
4 DEFINITIONS Contractor - Contractors who have been awarded a contract (hired) with NYPA
General Access Badge – are issued to NYPA employees and programed with the approved levels to facilitate access within protected and restricted areas.
Physical Access Request (PAR) – A PAR is an online AIMS request for NYPA Personnel requiring physical access to NYPA PSP / CCA (restricted) areas. Approved PAR access privileges will be implemented in the ACS system by Facility Security.
PSP – Physical Security Perimeter. A PSP is defined as the physical enclosure surrounding computer rooms, telecommunications rooms, operational centers, and other locations which house High Impact BES Cyber Systems or Medium Impact BES Cyber Systems with external routable connectivity or PACS associated with High Impact BES Cyber Systems, and PACS associated with Medium Impact BES Cyber Systems with external routable connectivity. Physical access to PSP‘s must be controlled through the use of card readers, special locks, or escorts by authorized personnel.
Point of Contact (POC) – A NYPA management individual sponsoring contractors and authorized third party (visitors) for facility access and ultimately responsible for ensuring access and training requirements for General and PSP / CCA access are obtained, maintained and terminated per procedure and policy guidance.
Protected Area - A Protected Area is defined as a NYPA-owned property / area encompassed by physical barriers (i.e. fencing) to which access is controlled, and may include vehicle barriers to prohibit physical entry by unauthorized persons / vehicles.
Procedure Title: PS 2.1 Background Screening: Page: 4 of 20 NYPA Contractor‘s Packet (Appendix D)
PRA – Personal Risk Assessment.
Restricted Areas - A Restricted Area is defined as an internal isolated area within the Protected Area and has been declared such due to its importance in the protection of either plant safety or security systems. All access doors leading into a Restricted Area shall be alarmed and access shall be controlled by either card reader or key or both. System Access – logical access to any NYPA system.
5 PROCEDURE IMPLEMENTATION
5.1 Precautions and Limitations
5.1.1 Section 5.2 has been prepared in a question and answer format to provide clarification to commonly asked questions.
5.1.2 NYPA SHALL restrict certain personal information from POC and others in an effort to protect your personal privacy and therefore have limited the NYPA review process for Contractors to NYPA Physical Infrastructure Security and Legal departments.
5.1.3 SHOULD an individual contractor have a break in service greater than 365 retraining and an update of background screening status SHALL be required regardless of whether unescorted access was granted for general and/or restricted access.
5.1.4 ―Hired Contractors‖ are expected to use the following link – PROVIDED TO SUCCESSFUL BIDDER which will connect contractors to the webpage of NYPA‘s third-party background screening provider. The website link is intended to initiate the electronic submission of application. NOTE: Electronic applications are required to be submitted at least 30 days PRIOR to requested site entry.
5.2 Frequently Asked Questions
5.2.1 Who needs background screening and when should I apply? What do they check for?
A. Hired Contractor(s) or authorized third parties awarded a contract (hired) with NYPA will find this procedure attached to their awarded contract, ―referenced as (Appendix D)‖. NOTE: Contractors will NOT use the attached procedure copy for processing of applications but is intended for reference only.
B. Approval to initiate the electronic ―Background Screening Application‖ can be obtained by contacting your NYPA Point of Contact (POC). Approval is necessary since an individual‘s ―job scope‖ MAY only require work activity outside NYPA facility structures and wouldn‘t require background screening.
C. The POC determines the authorized number of contractors, NYPA pays all costs for background screening. The ―Hired Contractor‖ is EXPECTED to
Procedure Title: PS 2.1 Background Screening: Page: 5 of 20 NYPA Contractor‘s Packet (Appendix D)
allow ONLY the authorized number of individual contractors to initiate the electronic ―Background Screening Application‖.
D. The background screening process includes verifying each contractors identity followed by a seven (7) year criminal history check, sex offender registry check, and Global Watch Lists check performed by our background investigative vendor and reviewed by NYPA.
5.2.2 My POC decided I need to apply for background screening. How do I do that?
A. Once the POC approves and provides a start date, you should complete the electronic application process as soon as possible but at least thirty (30) days before your expected ―start work date‖.
B. Applicants requiring GENERAL ACCESS, PHYSICAL and/or SYSTEM ACCESS should click on the Summit Link (LINK PROVIDED TO SUCCESSFUL BIDDER) to initiate the electronic submission of application through NYPA‘s 3rd party background screening provider
1. Contractors / Vendors requiring access to NERC-CIP Physical Security Perimeters require completion of NERC–CIP Cyber Security Training which takes approximately thirty (30) minutes to complete.
2. Contractors and Vendors requiring ENTRY within Physical Security Perimeters or obtain Remote System access as part of their work assignment may perform the NERC-CIP Cyber Security Training at their assigned NYPA Facility.
Failure to complete the NERC-CIP Cyber Security Training in advance may delay access to Physical Security Perimeters / Remote System Access.
NOTE The background screening process will NOT begin until all data is submitted. All documents will be submitted and signed electronically. You will also receive copies of all signed documents via email.
C. Once you have clicked the link and are connected to the webpage of the 3rd party background screening provider you begin the application process following the directions provided on the webpage. IF you‘re having trouble completing the application contact your POC for assistance.
D. Required steps include:
1. Providing your name, SSN, DOB and address. 2. Provide your electronic signature authorizing the background screening.
Procedure Title: PS 2.1 Background Screening: Page: 6 of 20 NYPA Contractor‘s Packet (Appendix D)
3. Providing your electronic signature for additional certifications that must be signed electronically within the secure site before you can gain access to NYPA facilities.
E. Identifying your POC during the application process is essential because the POC is the point of contact for receiving information of your background screening once submitted. F. IF NYPA‘s 3rd party background screening company contacts you requesting additional information, a timely response is EXPECTED to acquire necessary information. Failure to respond timely MAY result in processing delays or termination of application.
5.2.3 During the waiting process I have been advised that an adverse finding or concern was discovered in relation to my background screening investigation. What does this mean and, if I disagree with final decision, can I appeal?
A. NYPA shall restrict personal information from POC and others in an effort to protect your personal privacy and therefore have limited the NYPA review process for Contractors to NYPA Physical Infrastructure Security and Legal departments.
B. NYPA‘s background screening company and/or Physical Infrastructure Security will contact you requesting clarification or additional information regarding a concern.
C. Attached to this document are two advisory documents. You will also be provided access to these documents during your background check submission, as well as if there is an adverse finding.
1. The first is Attachment 8.2 ―Fair Credit Reporting Act‖, which describes your rights including access to personal file information and how your personal information obtained shall be handled.
2. Attachment 8.5 ―New York Correction Law Article 23-A‖, describes how the evaluation process by NYPA shall be handled to include:
Applicability Prohibited unfair discrimination Previous criminal conviction factors and written denial statement process.
3. All timely appeals initiated by applicant is reviewed by NYPA Legal for possible re-consideration of initial final decision.
4. The applicant SHALL be made aware of final appeal decision in writing by NYPA.
5. In certain circumstances you MAY be denied solely because certain foreign countries do not participate with releasing information.
Procedure Title: PS 2.1 Background Screening: Page: 7 of 20 NYPA Contractor‘s Packet (Appendix D)
6. Your denial of access letter SHALL contain the reason(s) for denial.
5.2.4 My POC has advised me that my contractor employees (if applicable) and I have been approved for unescorted access. I realize that means I can enter approved facilities by myself, but are there restricted areas of the facility I may NOT be allowed to enter?
A. Yes, NYPA is part of a regulated power industry and as such must comply with both federal and state laws, regulations and standards established.
B. FERC (Federal Energy Regulatory Commission) has mandated NYPA to control (physical and electronic) access to identified ―Restricted Areas‖ and/or materials ONLY to authorized personnel.
C. Your POC will advise you of your work assignment and level of access, contractors are advised that unless they are approved by their POC to enter such restricted areas then access is prohibited.
D. Remember: ―When in doubt, stay out‖. Restricted Areas are clearly marked stating such on outside doors/cabinets.
E. Contractors authorized for such restricted areas need to receive additional related training both initially (prior to entry/material access) and annually and need to re-apply for background screening every year (in both cases MUST complete PRIOR to 365 days from prior approval).
F. Contact your POC regarding any questions concerning required annual training/background screening compliance.
5.2.5 I understand I have to provide ―valid‖ identification prior to entering a NYPA facility. What types of identification are acceptable?
A. A single form of a ―valid‖ photo Identification issued by local, state, or federal agencies is required. Examples include the following:
1. State Driver‘s License; 2. State Identification Card; 3. U.S. Passport or U.S. Passport Card; 4. Permanent Resident Card; (form I-551); 5. Firearm Permit: 6. US Citizen ID Card; (form I-197) 7. ID Resident Citizen in US; (form I-179)
NOTE Personnel requiring access within a restricted area MUST present a valid Photo identification for unescorted access to be granted.
Procedure Title: PS 2.1 Background Screening: Page: 8 of 20 NYPA Contractor‘s Packet (Appendix D)
B. IF an individual is unable to provide a single form of photo identification then two (2) forms of non-photo identification is acceptable for non PSP escorted access. Examples include the following: (photo copied documents are not acceptable)
1. Birth Certificate with raised seal; 2. Social Security Card; 3. School ID; 4. DD214 Military discharge papers; 5. Medical Card;
C. Equivalent foreign documents are acceptable in certain cases provided they are officially transcribed to English language.
5.2.6 When the duration of my work assignment is interrupted or terminated, what am I required to do before leaving the facility?
A. Always notify your POC of any change in your working situation at NYPA.
B. If your authorized period of work has ended or is subjected to a break in service (i.e. stop work at NYPA then begin again at some point in the future), immediately contact your POC and provide details with as much notice as possible.
C. WHEN hired contractors no longer require unescorted access to a NYPA facility, the contractor/subcontractor employer ―Supervisors and/or company Management‖ SHALL immediately inform there POC of the details as quickly as possible (no less than within 24 hours before occurrence begins).
D. ALL terminations (particularly ―for cause‖, i.e. performance) SHALL be reported within 24 hours (seven days a week) to POC and if not available then contact site security;
E. Attachment 8.6 ―Revocation of Access‖ can be utilized and submitted to site security as notification of all terminations. Written correspondence such as e- mails/business letters are also acceptable to provide contractor work status changes notification.
Procedure Title: PS 2.1 Background Screening: Page: 9 of 20 NYPA Contractor‘s Packet (Appendix D)
5.3 Compliance with the Immigration Reform and Control Act (IRCA)
5.3.1 Contractors are responsible for proper completion and retention of I-9 forms for ALL of its employee‘s assigned to work for NYPA in any work capability.
5.3.2 Contractor understands, and is in compliance with its obligations under IRCA.
5.3.3 Contractor warrants that it is NOT knowingly employing ANY workers assigned to NYPA who are not authorized to work for the contractor in the United States.
5.3.4 Contractor agrees to defend and indemnify NYPA for any liability arising out of claims that the Contractor‘s employees are not authorized to work in the United States for the Contractor and/or any claims based upon alleged IRCA violations committed by the Contractor or Contractor personnel.
6 REQUIRED COMPLIANCE INFORMATION The following information illustrates compliance with the Procedure.
Identifier Procedure Name PS 2.0 Background Screening: Program Overview and Guidelines
7 EXPIRATION AND DATA RETENTION This procedure shall be reviewed every two years unless changes to the procedures underlying assumptions require a change before the review cycle. The outcome of each change is a new revision. If the document requires no changes as a part of the review, the Content Owner shall acknowledge that no changes are required and the acknowledgement shall be captured in the revision history table. The background records will be maintained for three years.
Records shall be retained in accordance with NYPA‘s approved records retention schedules and/or in compliance with all applicable legal requirements pertaining to NYPA.
Procedure Title: PS 2.1 Background Screening: Page: 10 of 20 NYPA Contractor‘s Packet (Appendix D)
8 ATTACHMENTS 8.1 Independent Contractors Screening Data Entry Cover Sheet
8.2 Fair Credit Reporting Act and Authorization Notice
8.3 Contractor Certification
8.4 A Summary of Rights under the Fair Credit Reporting Act
8.5 New York Correction Law Article 23-A
8.6 Revocation of Access Form
Procedure Title: PS 2.1 Background Screening: Page: 11 of 20 NYPA Contractor‘s Packet (Appendix D)
ATTACHMENT 8.1
INDEPENDENT CONTRACTORS SCREENING DATA ENTRY SCREEN
Completed Application shall be submitted to SUMMIT SECURITY 30 Days PRIOR to requested site entry DO NOT FILL OUT OR FAX TO THIRD-PARTY BACKGROUND SCREENING PROVIDER Forms are provided for example purposes only. Contractor/Vendor must electronically fill out and submit via secure website portal.
Procedure Title: PS 2.1 Background Screening: Page: 12 of 20 NYPA Contractor‘s Packet (Appendix D)
ATTACHMENT 8.2 FAIR CREDIT REPORTING ACT AND AUTHORIZATION NOTICE
DO NOT FILL OUT OR FAX TO THIRD-PARTY BACKGROUND SCREENING PROVIDER Forms are provided for example purposes only. Contractor/Vendor must electronically fill out and submit via secure website portal. Disclosure and Authorization Form
Disclosure:
In connection with my request for an independent contractor assignment at NYPA, I understand that a consumer report, as that term is defined in the Federal Fair Credit Reporting Act as amended ("FCRA"), 15 U.S.C. 1681 et seq. and applicable state law, may be obtained by NYPA from a consumer reporting agency. You must provide authorization for this background check to be conducted. This will be done via an electronic signature.
Authorization:
I hereby authorize NYPA now, or at any time while I am an independent contractor at NYPA, to obtain a consumer report on me that is limited to a seven (7) year criminal background check and verification of my identity through a Social Security number trace.
I further understand that, upon my written request, I will be given the name and address of each consumer reporting agency from which a consumer report or investigative consumer report may have been obtained, and, if an investigative consumer report has been obtained, a description of the nature and scope of the investigation. I understand that I may obtain additional information concerning the report by contacting the consumer reporting agency
The report will be prepared by:
Summit Security Services, Inc 390 RXR Plaza Uniondale, NY 11556 Phone: 888.869.8444
Summit's Privacy Policy can be viewed at http://www.summitsecurity.com/privacy-policy/
This investigation will be conducted in compliance with federal law, which provides specific protection to you, as stated in the following document: Summary of Your Rights Under the Fair Credit Reporting Act prepared pursuant to 15 U.S.C. Section 1681-1681u.
Click here to view the document ―Summary of Your Rights Under the Fair Credit Reporting Act.‖
□ ALL Applicants: I agree that I have been provided with and have read a copy of the Summary of Your Rights Under the Fair Credit Reporting Act.
□ NY Applicants Only: I agree that I have been provided with and have read a copy of New York Correction Law, Article 23-A. Click here to view Article 23-A.
□ CA, MN, OK Residents Only: Yes, I wish to receive a copy of any report obtained pursuant to this release.
Print Applicant Contractor Name Applicant Contractor Signature Date
Procedure Title: PS 2.1 Background Screening: Page: 13 of 20 NYPA Contractor‘s Packet (Appendix D)
ATTACHMENT 8.3 CONTRACTOR CERTIFICATION
DO NOT FILL OUT OR FAX TO THIRD-PARTY BACKGROUND SCREENING PROVIDER
Forms are provided for example purposes only. Contractor/Vendor must electronically fill out and submit via secure website portal.
I certify that I have read the New York Power Authority's ("NYPA") Access Authorization CS. 2.1 Background Screening: NYPA Contractor Packet. I shall comply and assist NYPA/SUMMIT SECURITY SERVICES in any assistance needed in order to process my request for unescorted access to perform authorized work as an independent contractor at NYPA. It is understood that upon my discharge, voluntary resignation, or transfer to a position where unescorted access authorization is no longer required, NYPA shall be notified in writing (utilizing Attachment 8.6 Revocation of Access or business letter/email) immediately not longer than 24 hour after occurrences taken place, so that I may be removed from the unescorted access list. It is understood that I shall return my access badge immediately to NYPA when unescorted access is no longer required. I hereby certify that all statements I have made in connection with this request are true and that I have not withheld any pertinent information. I understand that any falsification or willful misrepresentation can result in denial of access to NYPA facilities and premises and possible reimbursement to NYPA for any and all costs associated with conducting the background screening process.
Print Applicant Contractor Name Applicant Contractor Signature Date
Procedure Title: PS 2.1 Background Screening: Page: 14 of 20 NYPA Contractor‘s Packet (Appendix D)
ATTACHMENT 8.4 Page 1 of 4
A SUMMARY OF RIGHTS UNDER THE FAIR CREDIT REPORTING ACT
Para informacion en español, visite www.consumer finance.gov/learnmore o ESCRIBE al Consumer Financial Protection Bureau, 1700 G Street NW Washington, DC 20552. A Summary of Your Rights Under the Fair Credit Reporting Act The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552. • You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment - or to take another adverse action against you - must tell you, and must give you the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if: • a person has taken adverse action against you because of information in your credit report; • you are the victim of identity theft and place a fraud alert in your file; • Your file contains inaccurate information as a result of fraud; • You are on public assistance; • You are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.
• You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.
• You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.consurnerfinance.gov/learnmore for an explanation of dispute procedures.
Procedure Title: PS 2.1 Background Screening: Page: 15 of 20 NYPA Contractor‘s Packet (Appendix D)
ATTACHMENT 8.4 Page 2 of 4
A SUMMARY OF RIGHTS UNDER THE FAIR CREDIT REPORTING ACT
• Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need -- usually to consider an application with a creditor, insurer, employer, land lord, or other business. The FCRA specifies those with a valid need for access.
• You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
• You may limit "prescreened" offers of credit and insurance you get based on information in you r credit report. Unsolicited "prescreened" offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt out with the nationwide credit bureaus at 1-888-5-0PTOUT (1-888-567-8688).
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights u nder state law. For more information, contact you r state or local consumer protection agency or you r state Attorney General. For information about your federal rights, contact:
Procedure Title: PS 2.1 Background Screening: Page: 16 of 20 NYPA Contractor‘s Packet (Appendix D)
ATTACHMENT 8.4 Page 3 of 4
A SUMMARY OF RIGHTS UNDER THE FAIR CREDIT REPORTING ACT
TYPE OF BUSINESS CONTACT
I. a. Banks, savings associations, and credit unions a. Consumer Financial Protection Bureau with total assets of over $10 billion and their 1700 G. Street N.W. affiliates Washington, DC 20552
b. Such affiliates that are not banks, savings b. Federal Trade Commission: Consumer associations, or credit unions also should list, i n Response Center – FCRA addition to the CFPB: Washington, DC 20580 a. (877) 382-4357
2. To the extent not included in item 1 above: a. Office of the Comptroller of the Currency Customer Assistance Group a. National banks, federal savings associations, and 1301 McKinney Street, Suite 3450 federal branches and federal agencies of foreign Houston, TX 77010-9050 banks
b. State member banks, branches and agencies b. Federal Reserve Consumer Help Center of foreign banks (other than federal branches, P.O. Box. 1200 federal agencies, and Insured State Branches of Minneapolis, MN 55480 Foreign Banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act
c. Nonmember Insured Banks, Insured State Branches of Foreign Banks, and insured state c. FDIC Consumer Response Center savings associations 1100 Walnut Street, Box # 11 Kansas City, MO 64106
d. Federal Credit Unions d. National Credit Union Administration Office of Consumer Protection (OCP) Division of Consumer Compliance and Outreach (DCCO) 1775 Duke Street Alexandria, VA 22314
3. Air carriers Asst. General Counsel for Aviation Enforcement & Proceedings Aviation Consumer Protection Division Department of Transportation 1200 New Jersey Avenue, S.E. Washington, DC 20423
4. Creditors Subject to the Surface Office of Proceedings, Transportation Board Surface Transportation Board Department of Transportation 395 E Street, S.W. Washington, DC 20423
Procedure Title: PS 2.1 Background Screening: Page: 17 of 20 NYPA Contractor‘s Packet (Appendix D)
ATTACHMENT 8.4 Page 4 of 4
A SUMMARY OF RIGHTS UNDER THE FAIR CREDIT REPORTING ACT
TYPE OF BUSINESS CONTACT 5. Creditors Subject to the Packers and Nearest Packers and Stockyards Stockyards Act, 1921 Administration area supervisor
6. Small Business Investment Companies Associate Deputy Administrator for Capital Access United States Small Business Administration 409 th Third Street, S.W., 8 Floor Washington, DC 20549
7. Brokers and Dealers Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549
8. Federal Land Banks, Federal Lank Bank Farm Credit Administration 1501 Farm Credit Associations, Federal Intermediate Credit Banks, and Drive McLean, VA 22102-5090 Production Credit Associations
9. Retailers, Finance Companies, and All Other FTC Regional Office for region in which the Creditors Not Listed Above creditor operates or Federal Trade Commission: Consumer Response Center - FCRA Washington, DC 20580 (877) 382-4357
Procedure Title: PS 2.1 Background Screening: Page: 18 of 20 NYPA Contractor‘s Packet (Appendix D)
ATTACHMENT 8.5 Page 1 of 2
New York Correction Law Article 23-A
NOTIFICATION OF NEW YORK CORRECTION LAW [ARTICLE 23‐A] A COPY OF THIS LAW IS BEING PROVIDED TO YOU IN CONJUNCTION WITH OUR ORDERING BACKGROUND REPORTS ON YOU. New York Bus Code 380‐c(b)(2) and 380‐ g(d)
§750. Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) ―Public agency‖ means the state or any local subdivision thereof, or any state or local department, agency, board or commission. (2) ―Private employer‖ means any person, company, corporation, labor organization or association which employs ten or more persons. (3) ―Direct relationship‖ means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question. (4) ―License‖ means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that ―license‖ shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm. (5) ―Employment‖ means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that ‗employment‖ shall not, for the purposes of this article, include membership in any law enforcement agency. §751. Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct. Nothing in this article shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee. §752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individuals having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of ‗good moral character‘ when such Procedure Number: O-TC-32-018-R02
Procedure Title: PS 2.1 Background Screening: NYPA Contractor‘s Packet Page: 19 of 20 (Appendix D)
ATTACHMENT 8.5 Page 2 of 2 New York Correction Law Article 23-A finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless: (1) There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or (2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. §753. Factors to be considered concerning a previous criminal conviction; presumption. 1. In making a determination pursuant to section seven hundred fifty—two of this chapter, the public agency or private employer shall consider the following factors: (a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses. (b) The specific duties and responsibilities necessarily related to the license or employment sought or held by the person. (c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities. (d) The time which has elapsed since the occurrence of the criminal offense or offenses. (e) The age of the person at the time of occurrence of the criminal offense or offenses. (f) The seriousness of the offense or offenses. (g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct. (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public. 2. In making a determination pursuant to section seven hundred fifty—two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein. §754. Written statement upon denial of license or employment. At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial. §755. Enforcement. 1. In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy—eight of the civil practice law and rules. 2. In relation to actions by private employers, the provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York city commission on human rights.
O-TC-32-018-R02 PS 2 1 Background Screening-NYPA Contractors Packet (App D - LM) (2).docx Printed copies are not controlled. For the latest revision of this document, please refer to the Policy and Procedure PowerNet site. Procedure Number: O-TC-32-018-R02
Procedure Title: PS 2.1 Background Screening: NYPA Contractor‘s Packet Page: 20 of 20 (Appendix D)
ATTACHMENT 8.6
REVOCATION OF ACCESS FORM
NYPA ACCESS AUTHORIZATION – BACKGROUND SCREENING SECURITY PROGRAM REVOCATION OF ACCESS FORM
Company: Effective Date:
Albany Headquarters Blenheim-Gilboa (B-G) Niagara (NIA) NYPA Small Clean Power Plants Flynn (HOL) Other / Specify: Locations: Poletti (POL) / 500MW St. Lawrence (STL) ______ White Plains Office Clark Energy Center (CEC)
The independent contractor listed below no longer require access to NYPA Facilities:
Independent Contractor Name: ______
Address: ______
Date of Birth: ______
NYPA Badge Number: ______Returned on: ______
Reason for Revocation: ______
Company Representative Signature Title
Company Name Telephone Date
NOTE: Terminations / Removal from NYPA job location or removal of need for NERC CIP CCA access warrants an immediate notification (within 24 hours) to Physical Infrastructure / Site Security and paperwork to follow-up within 7 calendar days.
O-TC-32-018-R02 PS 2 1 Background Screening-NYPA Contractors Packet (App D - LM) (2).docx Printed copies are not controlled. For the latest revision of this document, please refer to the Policy and Procedure PowerNet site. APPENDIX "E"
OMNIBUS PROCUREMENT ACT OF 1992 REQUIREMENTS
A. DECLARATION OF POLICY
It is the policy of New York State to encourage the use of New York state subcontractors and suppliers, and to promote the participation of minority and women-owned businesses where possible, in the procurement of goods and services.
1. A New York State Business Enterprise shall mean a business enterprise, including a sole proprietorship, partnership, or corporation which offers for sale or lease or other form of exchange, goods which are sought by the Authority and which are substantially manufactured, produced or assembled in New York State or services which are sought by the Authority and which are substantially performed within New York State.
2. A New York resident means a natural person who maintains a fixed, permanent and principal home located within New York State and to which such person, whenever temporarily located, always intends to return.
3. A Foreign Business Enterprise means a business enterprise, including a sole proprietorship, partnership of corporation, which offers for sale, lease or other form of exchange, goods which are sought by the corporation and which are substantially produced outside New York State, or services, other than construction services sought by the corporation which are substantially performed outside New York State. For purposes of construction services, foreign business enterprise shall mean a business enterprise, including a sole proprietorship, partnership of corporation, which has its principal place of business outside New York State.
B. Information concerning the availability of New York State subcontractors and suppliers and the directory of Certified Minority and Women-Owned Business Enterprises is available from:
New York State Department of Economic Development Division for Small Business One Commerce Plaza Albany, New York 12245 Phone: (518) 474-7756 Fax: (518) 468-6416
C. For all contracts the Authority requires bidders to identify the location of the plant where equipment is substantially manufactured, produced or assembled or where services are substantially performed using the Geographic Origin Form, annexed hereto as Attachment 1.
D. A bidder located in a foreign country will cooperate with any effort to obtain offset credits from foreign countries as a result of the contract. The Authority may assign or otherwise transfer offset credits created by this contract to third parties located in New York State.
E. CONTRACTS EQUAL TO OR GREATER THAN ONE MILLION DOLLARS
1. For any contract let by the Authority in an amount equal to or greater than one million dollars, the bidder shall, as supplementary materials to its bid: Document its efforts that it has (a) solicited bids, in a timely and adequate manner, from New York State Business Enterprises including certified Minority and Women-Owned Business, or (b) contacted the New York State Department of Economic Development to obtain listings of New York State Business Enterprises, or (c) placed notices for subcontractors and suppliers in newspapers, journals and other trade publications distributed in New York State, or (d) participated in bidder outreach conferences. If the Bidder determines that New York State Business Enterprises are not available to participate on the contract as subcontractors or suppliers, the bidder shall provide a statement to the Authority indicating the method by which such determination was made. If the Bidder does not intend to use subcontractors on the contract, the Bidder shall provide a statement to the Authority verifying such intent.
2. As documentation of its efforts to encourage the participation of New York State Business Enterprises and Minority and Women Owned Businesses as suppliers and subcontractors pursuant to this section, the bidder shall submit the Documentation Checklist, annexed hereto as Attachment 2. The bidder's notification to New York State residents can be provided by telecopying a Fast Fax Job Order form to the Community Service Division of the New York State Department of Labor. A Fast Fax Job Order form is annexed hereto as Attachment 3. The bidder may attach a completed Fast Fax Job Order form as documentation of its efforts to provide notification pursuant to this section.
3. Following the award of any procurement contract equal to or greater than 1 million dollars, the contractor shall submit the Post-Award Compliance Report, annexed hereto as Attachment 4, documenting its notification efforts.
4. By submission of its bid, the bidder attests to compliance with the federal equal employment opportunity act of 1972 (P.L. 92-261), as amended.
PROC-E Rev. 3, 6/09
ATTACHMENT 1 NEW YORK POWER AUTHORITY GEOGRAPHIC ORIGIN FORM
Bidder:
IMPORTANT NOTE TO BIDDERS
Pursuant to the Omnibus Procurement Act of 1992, the Authority is required to determine whether each award is designated as a NYSBE or FBE. Please complete this form to identify the location of the plant where each item in this bid package is substantially manufactured, produced or assembled or where services will be substantially performed. If necessary, please contact the manufacturer to insure the accuracy of this information.
RETURN THIS FORM WITH YOUR PROPOSAL. NOTE: (a) If all items are substantially manufactured in the same location, complete only item 1 indicating same. (b) If all items are not substantially manufactured in the same location, complete a section for each item in this bid package.
PLEASE copy this form as needed for additional items.
EQUIPMENT
ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION & MODEL NUMBER QUANTITY PRICE PRICE
1. $ $ $ Manufacturer: City: State:
Address of plant where item is substantially manufactured:
2. $ $ $ Manufacturer: City: State:
Address of plant where item is substantially manufactured:
3. $ $ $ Manufacturer: City: State:
Address of plant where item is substantially manufactured:
4. $ $ $ Manufacturer: City: State:
Address of plant where item is substantially manufactured:
5. $ $ $ Manufacturer: City: State:
Address of plant where item is substantially manufactured:
SERVICES Please indicate the location where services will be substantially performed:
PROC-E Rev. 3, 6/09
ATTACHMENT 2
NEW YORK POWER AUTHORITY DOCUMENTATION CHECKLIST (FOR PROCUREMENT CONTRACTS EQUAL TO OR GREATER THAN $1 MILLION)
BIDDER: INQUIRY NUMBER:
Pursuant to the Omnibus Procurement Act of 1992 and Section 2879 of the Public Authorities Law, the bidder is required to document its efforts to encourage participation of New York State Business Enterprises and Certified Minority and Women Business Enterprises as supplier and subcontractors.
A. The Bidder shall document its efforts to show that it has:
1. Solicited bids in a timely and adequate manner from New York State Business Enterprises including Certified Minority and Women Owned Businesses; or
2. Contacted the New York State Department of Economic Development to obtain listings of New York State Business Enterprises and Certified Minority and Women Owned Businesses for opportunities as subcontractors and suppliers in this procurement contract; or
3. Notified New York State Residents of opportunities as subcontractors and suppliers in this procurement contract by one or more of the following methods:
a. Placing advertisements in newspapers, journals or other trade publications distributed in New York State. b. Contacting the New York State Community Service Division via the attached Fast Fax Job Order form (annexed hereto as Attachment 3). c. Participating in Bidder Outreach Conferences.
B. Where there are no New York State Business Enterprises available to participate as subcontractors or suppliers, the successful bidder will provide the Authority with a statement indicating the method by which such determination was made.
C. Where the successful bidder does not intend to use any subcontractors or suppliers in this procurement contract, a statement shall be provided to the Authority indicating such.
The undersigned assures related documentation is on file and available upon request to the Authority or New York State.
BY: BY: SIGNATURE NAME/TITLE PRINTED
PROC-E Rev. 3, 6/09
NYSDOL – DIVISION OF EMPLOYMENT AND WORKFORCE SOLUTIONS LOCATIONS
ALBANY, NY 12206 (*) BUFFALO, NY 14203 (*) GENEVA, NY 14456 (*) KINGSTON, NY 12401 (*) (Albany County) (Erie County) (Ontario County) (Ulster County) Career Central Employment & Training. Center Finger Lakes Works Ulster Works 175 Central Avenue 77 Goodell Street 70 Elizabeth Blackwell Street 601 Development Court Phone: 518-462-7600 Phone: 716-856-5627 Phone: 315-789-1771 Phone: 845-338-4696 Fax: 518-462-2768 Fax: 716-856-5670 Fax: 315-781-2289 Fax: 845-339-0607 Jeanette Raynor Stan Sikorski Donald Lucarello GLOVERSVILLE, NY 12078 (*) ALBION, NY 14411 (*) CANTON, NY 13617 (*) (Fulton County) LOCKPORT, NY 14094 (Orleans County) (St. Lawrence County) Gloversville Workforce Solutions (Niagara County) 458 West Avenue, Suite 3 Canton One-Stop Career Center 199 South Main Street Lockport One-Stop Center Phone: 585-589-5335 80 State Highway 310, Ste. 8 Phone: 518-725-6473 81 Walnut Street Fax: 585-589-2715 Phone: 315-386-3276 Fax: 518-773-8202 Phone: 716-433-6766 Kathleen Marnell Fax: 315-386-1687 Donald McHenry Fax: 716-439-8933 Linda Manchester Mary Ellen Schutz AMSTERDAM, NY 12010 (*) HAUPPAUGE, NY 11788 (*) (Montgomery County) CARMEL, NY 10512 (*) (Suffolk County) LOWVILLE, NY 13367 (*) FMS Workforce Solutions Center (Putnam County) Suffolk One-Stop Employment Ctr. (Lewis County) 2620 Riverfront Center Putnam Workforce Partnership 725 Veterans Memorial Hwy. Lewis County One-Stop Career Ctr. Phone: 518-842-2240 110 Old Route 6 Phone: 631-853-6540 P.O. Box 193 Fax: 518-842-3802 Phone: 845-225-7043 Fax: 631-853-6510 5274 Outer Stowe Street Robert Hoefs Fax: 845-255-6226 Linda Aponte Phone: 315-376-5800 Fax: 315-376-5328 AUBURN, NY 13021 (*) Margaret Herrera HEMPSTEAD, NY 11550 (*) Alice Draper (Cayuga County) (Nassau County) Cayuga Works Career Center COBLESKILL, NY 12043 (*) HempsteadWorks Career Center LYONS, NY 14489 (*) 199 Franklin Street (Schoharie County) 50 Clinton Street, Suite 400 (Wayne County) Suite 204 Cobleskill Workforce Solutions Phone: 516-485-5000 Finger Lakes Works Career Ctr. Phone: 315-253-1590 795 East Main Street, Suite 4 Fax: 516-505-2049 1519 Nye Road, Suite 601 Fax: 315-253-1135 Phone: 518-234-4254 Kevin Robbins Phone: 315-946-7270 Julie Goodison Fax: 518-234-4256 Bob Sweetman Fax: 315-946-7271 HERKIMER, NY 13350 (*) BALLSTON SPA, NY 12020 (*) Jocelyn VanGelder CORNING, NY 14830 (*) (Herkimer County) (Saratoga County) Herkimer Working Solutions Saratoga County One-Stop (Steuben County) MALONE, NY 12953 (*) CSS Workforce NY 320 N. Prospect Street (Franklin County) 152 West High Street Phone: 315-867-1400 Phone: 518-884-4170 Corning Career Center OneWorkSource 20 Denison Pkwy W, Suite 102 Fax: 315-867-1411 158 Finney Boulevard Fax: 518-884-9246 Debra Giovannetti James Corey Phone: 607-937-8337 Phone: 518-481-5755 Fax: 607-936-0354 Fax: 518-481-6663 HICKSVILLE, NY 11801 (*) BATAVIA, NY 14020 (*) Greg Nagle Linda Manchester (Nassau County) (Genesee County) Workforce Partnership Genesee County Career Center CORTLAND, NY 13045 (*) MASSAPEQUA, NY 11758 (Cortland County) 301 West Old Country Rd. (Nassau County) 587 East Main St., Suite 100 Phone: 516-934-8517 Phone: 585-344-2042 Cortland Works Career Center Workforce Partnership 99 Main Street Fax: 516-934-8507 977 Hicksville Road Fax: 585-344-4495 Kevin Robbins Kathleen Marnell Phone: 607-756-7585 Phone: 516-797-4560 Fax: 607-756-5531 Fax: 516-797-4589 HORNELL, NY 14843 (*) Linda Striss Kevin Robbins BATH, NY 14810 (Steuben County) (Steuben County) DUNKIRK, NY 14048 (*) CSS Workforce New York MASSENA, NY 13662 Bath Career Center 107 Broadway 117 East Steuben Street (Chautauqua County) (St. Lawrence County) Chautauqua Works One-Stop Phone: 607-324-8388 35 Glenn Street Phone: 607-776-2708 Fax: 607-324-6330 Fax: 607-776-7820 323 Central Avenue Phone: 315-769-3596 Phone: 716-366-9015 Mary C. Kelly Fax: 315-764-5041 Dan Scanlin Fax: 716-366-0502 Linda Manchester HUDSON, NY 12534 (*) BELMONT, NY 14813 (*) Jill Whitfield (Columbia/Greene County) MIDDLETOWN, NY 10940 (*) (Allegany County) ELMIRA, NY 14901 (*) Columbia – Greene (Orange County) Allegany County Employment (Chemung County) Workforce Investment Office Orange Works and Training Center CSS Workforce New York Columbia/Greene Comm. College Fulton Plaza 7 Wells Lane 318 Madison Avenue 4400 Route 23 33 Fulton Street, 2nd Floor Phone: 585-268-9430 Phone: 607-733-7131 Phone: 518-828-4654 Phone: 845-346-1100 Fax: 585-268-5176 Fax: 607-737-8973 Fax: 518-828-8474 Fax: 845-346-1301 Jill Whitfield Daniel Scanlin Joyce Kelley Marie Minichino
BINGHAMTON, NY 13905 (*) FULTON, NY 13069 (*) ITHACA, NY 14850 (*) MONTICELLO, NY 12701 (*) (Broome County) (Oswego County) (Tompkins County) (Sullivan County) Broome-Tioga Workforce NY Oswego County Workforce NY Tompkins Workforce New York Sullivan Works 171 Front Street 200 North 2nd Street 171 E. State Street 50 North Street Phone: 607-778-2136 Phone: 315-591-9000 Phone: 607-272-7570 Phone: 845-794-3340 Fax: 607-778-3009 Fax: 315-591-9309 Fax: 607-272-2835 Fax: 845-791-6851 Mike Puglisi Colleen McBride Mike Hughes Marie Minichino
BUFFALO, NY 14202 JAMESTOWN, NY 14701 (*) GENESEO, NY 14454 (*) NEWBURGH, NY 12550 (*) (Erie County) (Chautauqua County) (Livingston County) (Orange County) Buffalo One-Stop Center Chautauqua Works One-Stop Livingston County Center for Orange Works 284 Main Street 23 East Third Street Workforce Development The Maple Building Phone: 716-851-2600 Phone: 716-661-9553 Livingston County Gov’t. Center 3 Washington Center Fax: 716-851-2638 Fax: 716-664-9459 6 Court Street, Room 105 Phone: 845-568-5373 Robert Monthie Phone: 585-243-7047 Jill Whitfield Fax: 845-568-5079 Fax: 585-243-7918 Marie Minichino Kathleen Marnell
NEW YORK CITY OFFICES NIAGARA FALLS, NY 14301 (*) PLATTSBURGH, NY 12903 (*) UTICA, NY 13501 (*) (Niagara County) (Clinton County) (Oneida County) WorksourceOne One-Stop Ctr. OneWorkSource & Employment Utica Working Solutions BROOKLYN: Trott Access Center Center State Office Bldg. Suite 202 th nd BROOKLYN, NY 11201 1001-11 Street 194 U.S. Oval, 2 Floor 207 Genesee Street (Kings County) Suite E, Room 1014 Phone: 518-561-0430 Phone: 315-793-2229 Schermerhorn Street Workforce1 Phone: 716-278-8258 Fax: 518-561-9566 Fax: 315-793-2509 Career Center Fax: 716-278-8287 John Masella Chet Arthur 10 MetroTech Center Richard Flay 625 Fulton Street, Suite 4-100
POUGHKEEPSIE, NY 12601 (*) WARSAW, NY 14569 (*) Phone: 718-780-9201 NORWICH, NY 13815 (*) (Dutchess County) (Wyoming County) Fax: 718-624-5713 (Chenango County) Dutchess Works 448 North Main Street Henry Silverman CDO Workforce Center 233 Main Street Phone: 585-786-3145 Nydia Loyd One O’Hara Drive Phone: 845-473-9000, ext. 143 Fax: 585-786-3074 Phone: 607-334-2201 Fax: 845-471-6942 Kathleen Marnell BROOKLYN, NY 11201 (*) Fax: 607-334-6540 Donald Lucarello (Kings County) Charlie Masciola WATERTOWN, NY 13601 Brooklyn Workforce1 Career Ctr. QUEENSBURY, NY 12804 (*) 9 Bond Street, 5th Floor OGDENSBURG, NY 13669 (Warren County) (Jefferson County) (St. Lawrence County) The WorkPlace Phone: 718-246-5219 Northway Plaza, Suite 13C Fax: 1020 Park Street Phone: 518-743-0925 1222 Coffeen Street Phone: 315-393-4600 Phone: 315-782-9252 Nydia Loyd Fax: 518-793-4316 Fax: 315-393-5894 James Corey Fax: 315-782-2073 Linda Manchester Alice Draper MANHATTAN: ROCHESTER, NY 14609 (*) NEW YORK, NY 10027 (*) OLEAN, NY 14760 (*) (Monroe County) WHITE PLAINS, NY 10605 (New York County) (Cattaraugus County) NYSDOL/Rochester Works (Westchester County) Harlem Cattaraugus County One-Stop 276 Waring Road One-Stop Employment Center Upper Manhattan Workforce1 175 North Union St. Suite 4 Phone: 585-266-7760 120 Bloomingdale Road Career Center Phone: 716-373-1880 Fax: 585-266-7041 Phone: 914-995-3910 215 West 125th St., 6th Floor Fax: 716-372-3564 Patricia O’Reilly Fax: 914-995-3958 Phone: 917-493-7200 Jill Whitfield Margaret Herrera ROCHESTER, NY 14607 (*) Fax: 646-698-3040 ONEIDA, NY 13421 (*) (Monroe County) WILLIAMSVILLE, NY 14221 Ladessia Johnson
(Madison County) Rochester Works (Erie County) NEW YORK, NY 10013 Working Solutions Career Ctr. 255 North Goodman Street Williamsville One-Stop Center (New York County) 1006 Oneida Plaza Drive Phone; 585-258-3500 4175 Transitown Plaza Lower Manhattan Workforce1 Phone: 315-363-2400 Fax: 585-232-3727 Phone: 716-634-9081 Career Center Fax: 315-363-4449 Patricia O’Reilly Fax: 716-634-9262 1 Hudson Square Darlene Babcock Pamela Eddy 75 Varick Street ROME, NY 13440 (*) YONKERS, NY 10701 (*) Phone: 212-775-3771 ONEONTA, NY 13820 (*) (Oneida County) (Westchester County) Fax: 212-775-3853 (Otsego County) Rome Working Solutions Yonkers Employment Center Barbara Ulrich CDO Workforce Center 153 Brooks Road 20 South Broadway, 12th Fl. 12 Dietz Street South West Entrance Phone: 914-965-9500 Phone: 607-432-4800 Phone: 315-356-0662 QUEENS: Fax: 914-968-7328 Fax: 607-432-8130 Fax: 315-339-7349 Margaret Herrera FLUSHING, NY 11355 Charlie Masciola Cynthia Garrett (Queens County) ORCHARD PARK, NY 14127 (*) SCHENECTADY, NY 12305 (*) Flushing Workforce1 Career Ctr. (Erie County) (Schenectady County) NEW YORK CITY OFFICES 138-60 Barclay Avenue Erie Community College Schenectady County One Stop Phone: 718-321-6307
Employment & Training Employment and Training Center Fax: 718-939-1528 3176 Abbott Road 797 Broadway BRONX: Tara Brooks-Smith
Phone: 716-270-4444 Phone: 518-344-2735 BRONX, NY 10455 (*) JAMAICA, NY 11432 (*) Fax: 716-825-7583 Fax: 518-382-5988 (Bronx County) (Queens County)
Bronx Workforce1 Career Center Queens Workforce1 Career Center OWEGO, NY 13827 (*) SPRING VALLEY, NY 10977 358 East 149th Street 168-25 Jamaica Avenue, 2nd Fl. (Tioga County) (Rockland County) Phone: 718-960-7901 Phone: 718-557-6735 Tioga Employment Center Tomorrow’s Workplace Fax: 718-960-7902 Fax: 718-523-7530 1062 State Route 38 1 Perlman Drive Arthur Merlino Tara Brooks-Smith Phone: 607-687-8500 Phone: 845-356-5100 Fax: 607-687-7759 Fax: 845-356-5949 STATEN ISLAND: Teresa Geisenhof Donald Lucarello
STATEN ISLAND, NY 10301 (*) PATCHOGUE, NY 11772 SYRACUSE, NY 13204 (*) (Richmond County) (Suffolk County) (Onondaga County) Staten Island Workforce1 Career Ctr. One-Stop Career Center CNY Works 60 Bay Street 160 South Ocean Avenue 443 North Franklin Street Phone: 718-285-8388 Phone: 631-687-4800 Phone: 315-473-8250 Fax: 718-981-8749 Fax: 631-687-4830 Fax: 315-472-9492 John Mastellone Linda Aponte Denise Elliott
PEEKSKILL, NY 10566 TROY, NY 12180 (*) (Westchester County) (Rensselaer County) One-Stop Employment Center Rensselaer County One-Stop 201 South James Street 1600 7th Avenue, 4th Floor Phone: 914-737-3490 Phone: 518-270-2860 Fax: 914-739-8759 Fax: 518-270-2976 Margaret Herrera Joyce Kelley
ES1 Revised: April 29, 2009 (*) One-Stop ATTACHMENT 4 NEW YORK POWER AUTHORITY POST-AWARD COMPLIANCE REPORT (FOR PROCUREMENT CONTRACTS EQUAL TO OR GREATER THAN $1 MILLION)
To be completed by contractor upon notification of award.
Pursuant to the Omnibus Procurement Act of 1992, the Authority requires the contractor to complete this form.
NAME OF CONTRACTOR: CONTRACT NUMBER:
1. The contractor has made all reasonable efforts to encourage the participation of NYS Business Enterprises as suppliers and subcontractors in this procurement contract.
YES NO If no, please explain:
2. The contractor has contacted the NYS Department of Economic Development to obtain listings of NYS subcontractors and suppliers for products and services currently purchased from out-of-state/foreign firms. YES NO If no, please explain:
3. The contractor has utilized other source(s) to identify NYS subcontractors and suppliers. YES NO If yes, please identify source(s):
If no, please explain:
4. The contractor has complied with the federal Equal Employment Opportunity Act of 1972 (P.L. 92-261), as amended. YES NO
5. The contractor has provided NYS residents notice of new employment opportunities resulting from this procurement contract by listing any such positions with the Job Service Division of the NYS Department of Labor via Fast Fax form or other method consistent with collective bargaining agreements or contracts. YES NO
Attach documentation of notification; if none, please explain:
By signing this Post-Award Compliance Report the contractor assures the above information is true and supporting documentation is available (upon request by New York State or the Authority).
BY: BY: SIGNATURE NAME/TITLE PRINTED
PROC-E Rev. 3, 6/09 Appendix F (7/29/13)
APPENDIX “F” Computer Aided Design Requirements for New York Power Authority Drawings
General Information:
The following requirements shall apply to drawings furnished to the New York Power Authority (NYPA) by Architecture, Engineering & Construction (AEC) firms, Vendors, Manufacturers or any other organizations contracted by the New York Power Authority that involve the development of new and/or revision of existing design drawings.
CAD Drawing Requirements:
1. All Computer Aided Design (CAD) drawings shall be created and/or modified using officially licensed and currently supported AutoCAD software from Autodesk, Inc. (Currently supported is defined by the OEM as the three latest versions)
2. All raster images in existing hybrid drawings (combination of raster and CAD vector information) shall be edited using officially licensed and currently supported versions of Raster Design from Autodesk, Inc.
3. All other CAD software or third party applications shall not be used to develop or modify drawing files unless approved in advance by NYPA’s Director of Design & Drafting or designee.
4. Drawings shall not be created or edited using other CAD related applications and then translated or converted into AutoCAD format unless approved in advance by NYPA’s Director of Design & Drafting or designee.
5. All models in AutoCAD drawings shall be drawn at full scale in Model Space. All viewports in Paper Space shall be scaled to the noted view scale as depicted below the view name or as shown in the title block.
6. All geometry and annotation associated with the drawing model shall be placed in Model Space with the exception of general notes, reference drawing lists, legends and view labels which shall be placed in Paper Space.
7. Only standard line types, shape files and fonts that are installed by AutoCAD are to be used when creating new drawings or editing existing NYPA drawings.
8. All AutoCAD objects shall be drawn with Color, Linetype, Lineweight and Plot Style properties set to ByLayer.
9. All drawing text shall be Romans.shx font and sized to correspond to 0.1000 height and 0.9000 width in Paper Space. This shall be used on all text and dimensions placed in Model Space.
10. All layers shall be turned on and thawed with the exception of the X-TBLOCK layer which shall remain frozen. The X-TBLOCK layer is used for concurrent engineering copies of original plant/facility drawings. (Concurrent engineering copies are controlled copies of plant or facility drawings that are created for new and existing drawings by NYPA Design & Drafting personnel for specific modifications.)
11. AutoCAD blocks shall not be exploded.
12. Drawing files shall contain only one layout tab. Prior approval by NYPA’s Director of Design & Drafting or designee is required if multiple layout tabs are deemed necessary to accurately depict portions of the whole model.
Computer Aided Design Requirements for NYPA Drawings Page 1 of 2 Appendix F (7/29/13)
13. All external references in AutoCAD drawings shall be converted to standard local AutoCAD block definitions using the Insert method.
14. NYPA shall provide the AutoCAD plot style files associated with the requested drawings. The plot style files (.ctb, .stb) shall not be altered in any way or substituted.
15. Requests for drawing files, AutoCAD template files and drawing numbers shall be directed to NYPA’s Design/Drafting Supervisors at the respective site where the files are managed.
Submittal Requirements:
1. Hardcopy drawing submissions shall include a set of plotted drawings that include inked approvals and a New York State Professional Engineer (P.E.) wet or embossed seal.
2. Electronic CAD files (.dwg) shall have the NYS Professional Engineer seal as an electronic facsimile or represented as text with the State’s name, Engineer’s name, License number and approval date in the space provided on each drawing for P.E. Seals.
3. A Portable Document Format (PDF) file shall also be provided for each CAD drawing that corresponds to the plotted drawing size.
4. A list of all submitted drawings shall be provided in a spreadsheet format (Microsoft Excel .xls or equivalent) that contains the drawing number, original issue date, current revision number, and complete drawing title.
5. Electronic storage media (CD/DVD) containing AutoCAD and PDF files shall be clearly marked with the Vendor’s name, NYPA Project name, NYPA Facility name and NYPA Contract number. The disc (CD/DVD) shall contain a full set of completed AutoCAD drawings that includes all approval signatures shown in AutoCAD text format.
6. Transmittals of hard copies of drawings and storage media shall be delivered to the individual identified in the contract agreement. These requirements apply to drawings furnished for contract closeout or as record documentation.
7. Officially signed and P.E. sealed hardcopy plots shall not contain any other manually entered content other than signatures and wet seal.
8. Drawings and/or electronic files shall not contain any copyrighted information or entities which NYPA has not been granted full rights for use.
9. In accordance with NYPA’s Configuration Management policy and procedures, any deviation to authorized design documents that result in a field modification affecting the original design intent requires a Change Request approved by the Engineer of Record or authorized designee prior to final implementation. All Change Requests shall be submitted to the NYPA representative identified in the contract agreement for final disposition prior to the commencement of any installation/modification activities.
10. Final record drawings shall be submitted to NYPA within 60 days of construction completion and shall be in accordance with the requirements of this document. As built drawings shall depict the actual field conditions and include all approved deviations/changes.
11. Any questions or exceptions related to the aforementioned requirements shall be submitted to NYPA’s Director of Design & Drafting before the commencement of any design drawing work.
Computer Aided Design Requirements for NYPA Drawings Page 2 of 2 APPENDIX G EQUAL EMPLOYMENT OPPORTUNITIES REQUIREMENTS During the performance of this contract, the Contractor agrees as follows: I. EQUAL EMPLOYMENT OPPORTUNITIES (EEO) REQUIREMENTS [Applicable to all Contracts valued at $25,000 or less] A. The Contractor will not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, national origin, marital status or disability (as defined in Section 312 of the Executive Law) and will take affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination on the basis of age, race, creed, color, sex, national origin, marital status or disability. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. B. The Contractor will send to each employment agency, labor union or authorized representative of workers with which it is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses (a) through (g) (hereinafter called "nondiscrimination clauses"). At the request of the Authority, the Contractor shall request such employment agency, labor union or representative to furnish it with a written statement that such employment agency, labor union or authorized representative will not discriminate on the basis of age, race, creed, color, sex national origin, marital status or disability and that such employment agency, labor union or authorized representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these nondiscrimination clauses or that is consistent and agrees that recruitment, employment and the terms and conditions of employment under this Contract shall be in clauses. If such employment agency, labor union or authorized representative fails or refuses to comply with such request that it furnish such a statement, the Contractor shall promptly notify the Authority of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provisions of clauses A. and B. and such provisions of the State's laws against discrimination as the State Division of Human Rights shall determine. D. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor that, in performance of the Authority’s contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, national origin, marital status or disability. E. The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and with the Civil Rights Law, will furnish all information and reports deemed necessary by the State Division of Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the Authority, the State Division of Human Rights, the Attorney General and the Commissioner of Labor for purposes of investigation to ascertain compliance with these nondiscrimination clauses and such section of the Executive Law and Civil Rights Law. II. EQUAL EMPLOYMENT OPPORTUNITIES (EEO) REQUIREMENTS [Applicable to all Contracts valued over $25,000] A. In accordance with the Authority's Minority and Women Owned Business Enterprise Policy and with Article 15-A of the Executive Law and the regulations promulgated thereto, the Authority has established the following Equal Employment Opportunity Requirements. The EEO requirements are applicable to all Authority Contracts issued in excess of $25,000 and/or where a Contractor has a work force of 10 employees or more working on an Authority Contract. B. The Contractor shall designate and make known to the Authority an EEO officer who will have the responsibility for and the authority to effectively administer their EEO program. C. IF A CONTRACTOR DOES NOT SUBMIT, WITH ITS BID PROPOSAL, AN EEO POLICY STATEMENT AND STAFFING PLAN OR TOTAL WORK FORCE INFORMATION, THE BID WILL BE REJECTED UNLESS REASONABLE JUSTIFICATION FOR SUCH FAILURE IS PROVIDED IN WRITING OR A COMMITMENT IS MADE TO PROVIDE SUCH DOCUMENTS BY A DATE SPECIFIED BY THE AUTHORITY. EEO POLICY It is the policy of the Authority to afford Equal Employment Opportunities regardless of race, creed, color, national origin, sex, age, disability or marital status. The EEO requirements also provide methods for Contractors to identify, recruit, and employ minority group members and women on State contracts. The parties agree as a condition of an Authority Contract to be bound by the provisions of Section 312 of Article 15-A of the Executive Law, as well as to any other applicable provisions under the law and this Contract. 1. DEFINITIONS A) Business Enterprise. Any entity, including a sole proprietorship, partnership or corporation which is authorized to and engages in lawful business transactions in accordance with New York State Law. B) Contractor. The person, partnership or corporation to whom the Authority's Procurement/Service Contract for Goods/Materials or Services is awarded. C) Equal Employment Opportunities (EEO). A Contractor and subcontractor's concurrence and active efforts to afford employment opportunities for minority group members and women without discrimination because of race, creed, color and national origin, sex, age, disability or marital status, and to employ and utilize minority group members and women in their work forces on Authority Contracts. D) Labor Force Availability Data. Data pertaining to the relevant availability and expected levels of participation of minority group members and women on Authority Contracts. The data are developed by the New York State (NYS) Department of Economic Development, Division of Minority and Women's Business Development (DMWBD) and are based upon the most recent census data provided by the NYS Department of Labor, Bureau of Labor Market Information, aggregated into nine (9) Federal Occupational Categories. The nine Occupational Categories include: Official and Admin., Professionals, Office and Clerical, Skilled Craft, Operatives, Laborers, Technicians, Service Workers, and Sales Workers. E) Minority Group Member. A United States Citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: 1) Black persons having origins in any of the Black African racial group; 2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race;
PROC-G Rev. 2, 5/12 3) Native American or Alaskan native persons having origins in any of the original peoples of North America; 4) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. F) Staffing Plan (Form G-1). Describes the anticipated work force on an Authority Contract broken down by ethnic background, gender and specified occupational categories and required for all non-construction Contracts subject to EEO requirements, prior to award. The form of the staffing plan shall be provided by the Authority. G) Work Force Employment Utilization Reports (Form G-2, G-3 & G-4). Required within ten (10) days of all contract awards. It requires a breakdown of total hours worked by Federal Occupational Category, by number of employees, by gender and by ethnic categories for Non- Construction Contracts. Work Force Employment Utilization Reports shall be provided by the Authority. 1) Project Specific Work Force Reports. Required where the work force on an Authority Contract can be separated out from a Contractor's total work force. (Required quarterly) 2) Total Work Force Reports. Required where work force on an Authority Contract cannot be separated out from a Contractor's total work force. (Required semi-annually) H) Monthly Work Force Employment Utilization Report - Construction (Form G-5). Required within ten (10) days of all contract awards. It requires a breakdown of total hours worked by Job Category, by number of employees by Federal occupational categories, by gender and by ethnic categories for Construction Contracts. The Monthly Work Force Employment Utilization Report - Construction shall be provided by the Authority. Referencing subparagraphs G1), G2), and H) above, if there has been no change in the work force quarterly, semi-annually or monthly, respectively, a written notice of such must be provided to the Authority. I) Goal. The term referring to the aim of ensuring that minority group members and women and certified businesses be given the opportunities for meaningful participation in employment on and in the performance of and Authority contract. III. SUMMARY OF EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS
A. The new Equal Employment Opportunity (EEO) regulations provide methods for Contractors to identify, recruit and employ minority group members and women on State contracts. The regulations enable the State, with regard to minority group members and women, to measure utilization and to assist Contractors in expanding employment opportunities. B. The regulations are in accordance with Section 312 of Executive Law, Article 15-A, and are consistent with the State's policy of affording equal employment opportunities regardless of race, creed, color, national origin, sex, age, disability or marital status. The regulations apply to all State contracts, as defined by Article 15-A. C. RESPONSIBILITIES OF CONSTRUCTION CONTRACTORS ARE TO: 1. undertake or continue existing programs of affirmative action; 2. submit to the Authority, prior to the award of the Contract, an EEO Policy Statement; 3. ensure that all subcontractors comply with the EEO requirements; 4. submit to the Authority, within ten (10) days of Contract award, a Work Force Employment Utilization Report including the same information now mandated by the federal government, such as employees' hours worked on activities related to the Contract broken down by specified ethnic background, gender and the construction related job titles; and 5. provide the Authority with a Work Force Employment Utilization Report on a monthly basis throughout the life of the Contract. 6. within five (5) business days of contract award, obtain from the Authority a copy of the New York State Labor Force Availability data document for its use in complying with EEO requirements. D. RESPONSIBILITIES OF COMMODITIES, SERVICES/CONSULTING, AND PROFESSIONAL CONSTRUCTION CONSULTANT CONTRACTORS ARE TO: 1. undertake or continue existing programs of affirmative action; 2. submit to the Authority an EEO policy statement after a bid opening, but before the Contract is awarded; 3. ensure that all subcontractors comply with the EEO requirements; 4(a). submit to the Authority, pre-award, a staffing plan that describes the anticipated work force on the contract broken down by ethnic background, gender and specific occupational categories; 4(b). or alternatively submit, pre-award, where the work force on the Contract can not be separated out from the contractor's total work force, information on the total work force broken down by ethnic background, gender and specified occupational categories; 5(a). submit to the Authority, within ten (10) days of Contract award, a Work Force Employment Utilization Report including the total number of actual employees working on the Contract broken down by ethnic background, gender and specified occupational categories; 5(b). or alternatively submit, within ten (10) days of Contract award, where the work force on the Contract cannot be separated out from the Contractor's total work force, semi-annual information on the total work force; and 6. provide to the Authority, when the work force utilization information changes, revised work force utilization reports on a quarterly basis throughout the life of the Contract. E. RESPONSIBILITIES OF STATE AGENCIES ARE TO: 1. revise their annual goal plans to include steps that will be taken to implement and ensure compliance with the EEO requirements and any proposed modifications to the implementation of these requirements; 2. supply to the successful Contractor a copy of New York State's Economic Development Labor Force Availability Data. The data is provided as a tool to aid in determining the expected level of participation consistent with the labor force availability and geographic locations of minority and women in the county where the work is being performed. 3. provide quarterly reports to the DMWBD on Contractors' work force information broken down by ethnic background, gender and specified occupational categories; 4. monitor Contractors' compliance with the EEO regulations and provide the DMWBD with written compliance findings annually; 5. resolve noncompliance matters with Contractors. Those matters that cannot be resolved must be submitted to the Executive Director of the DMWBD; and 6. conduct, on selected Contracts, in-depth analysis, evaluating whether, with regard to minority group members and women, the Contractor: a) maintains a list of recruitment sources (available from DMWBD); b) provides written notification to recruitment sources of job openings; c) disseminates its EEO policy by including it in advertising; and d) supports recruiting, hiring, apprentice training and internal EEO policies and procedures.
PROC-G Rev. 2, 5/12 Form G-1 CONTRACTOR STAFFING PLAN
Project/RFP Title Location of Contract: County ZIP
Contractor/Firm Name Address City State ZIP
Check applicable categories: (1) Staff Estimates include: Contract/Project Staff Total Work Force Subcontractors (2) Type of Contract: Construction Consultants Commodities Services/Consultants
Total Anticipated Work Force Total Total Percent Percent Federal Total Number of Black Hispanic Asian or Pacific Native American/ Minority Female Occupational Employees (Not of Hispanic Islander Alaskan Native Employees Employees Category Origin)
Male Female Male Female Male Female Male Female Male Female
Officials/Admin.
Professionals
Technicians
Sales Workers
Office & Clerical
Craft Workers
Operatives
Laborers
Service Workers
TOTALS
Company Official's Name Title
Company Official's Signature Date
Telephone Number ( ) CONTRACTOR WORK FORCE EMPLOYMENT UTILIZATION REPORT Form G-2 PROFESSIONAL CONSTRUCTION CONSULTANT FIRMS
Agency New York Power Authority /Code 99905 Reporting Period Check one: Quarterly Report Semi-Annual Report Contractor Firm Name Address City State Zip Type of Report: Contract Specific Work Force Total Work Force Check if NOT-FOR-PROFIT Federal ID/Payee Id No. Contract No. Location of Work Check One: Prime Contractor Subcontractor County ZIP Product/Service Provided: Contract Amount: $ Contract Start Date: Percent of Job Completed
Number of Employees Total Total Percent Percent Federal Total Number of Black Hispanic Asian or Pacific Native American/ Minority Female Occupational Employees (Not of Hispanic Islander Alaskan Native Employees Employees Category Origin)
Male Female Male Female Male Female Male Female Male Female
Officials/Admin.
Professionals
Technicians
Sales Workers
Office & Clerical
Craft Workers
Operatives
Laborers
Service Workers
TOTALS
Company Official's Name Title
Company Official's Signature Date
Telephone Number ( ) WORK FORCE EMPLOYMENT UTILIZATION REPORT PROFESSIONAL CONSTRUCTION CONSULTANT FIRMS INSTRUCTIONS FOR COMPLETION
PURPOSE: The Work Force Employment Utilization Report for Professional Construction Consultant Firms is prepared by all contractors, and subcontractors if any, providing professional construction (e.g. architectural, engineering) services to document their actual employment of minority group members and women during the period covered by the report. The report has a format similar to forms used by the Federal government for reporting equal employment opportunity data. When the contract specific work force can be identified, the report covers all employees (including apprentices or trainees) working on the project. If the contract spec`ific work force cannot be separated out, the contractor's total work force is reported. The completed reports are used by the contracting state agency to monitor the contractor's and subcontractor's compliance with the contract's equal employment opportunity requirements.
GENERAL INFORMATION: 1. Name of contracting state agency and state agency code (five digit code). 2. Reporting period covered by report (mm/dd/yy to mm/dd/yy); check to indicate Quarterly or Semi-Annual Report. 3. Contractor firm name (prime contractor on summary report submitted to agency) and address (including city name, state and zip code); check if the contractor is a NOT-FOR-PROFIT. 4. Type of Report: check to indicate whether report covers (i) the Contract Specific Work Force or (ii) the Company's Total Work Force (in the event the contract specific work force cannot be separated out). 5. Contractor Federal Employer Identification number or payee identification number (prime contractor i.d. on summary report); check to indicate prime or subcontractor report. 6. Contract Amount is dollar amount based on terms of the contract. 7. Contract number is the agency assigned number given to the contract. 8. Location of work including county and zip code where work is performed. 9. Indicate Product or Service provided by contractor (brief description). 10. Contract start date is month/day/year work on contract actually began. 11. Contractor's estimate of the percentage of work completed at the end of this reporting period.
FEDERAL OCCUPATIONAL CATEGORIES: The contractor's work force is broken down and reported by the nine Federal Occupational Categories (FOC's) consistent with the Federal government's EEO-1 categories for the private sector labor force. These are: Officials and Manager, Professionals, Technicians, Sales, Office & Clerical (Administrative Support), Craft Workers, Operative, Laborers and Service Workers. The categories are general in nature, and include all related occupational job titles. The contracting agency can provide assistance in categorizing specific jobs.
TOTAL NUMBER OF EMPLOYEES: Record the total number of all persons employed in each FOC during the reporting period, regardless of ethnicity (either working on the specific contract OR in the contractor's total work force, based on the type of report indicated above). Report the total number of male (M) employees in column (1) and the total number of female (F) employees in column (2) for each FOC. In columns (3) through (10) report the numbers of male and female minority group members employed, based on the following defined groups:
Black (not of Hispanic origin): all persons having origins in any of the Black African racial groups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless of race; Asian or Pacific Islander: all persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or Pacific Islands; Native American or Alaskan Native: all persons having origins in any of the original peoples of North America.
TOTAL % MINORITY = sum of all minority group members (male and female) employed in the FOC divided by the total number of all employees in that FOC (column 1 + column 2). TOTAL % FEMALE = total number of female employees in the FOC (column 2) divided by the total number of all employees in that FOC (column 1 + column 2).
TOTALS: column totals should be calculated (sum each column) for all FOC's combined. Total minority and female percentages should be calculated as shown above, based on the column totals.
SUBMISSION: The Work Force Employment Utilization Report is to be completed by both prime and subcontractors and signed and dated by an authorized representative before submission. This Company Official's name, official title and telephone number should be printed or typed where indicated on the bottom of the form.
The prime contractor shall complete a report for its own work force, collect reports completed by each subcontractor, and prepare a summary report for the entire combined contract work force. The reports shall include the total number of employees in each occupational category for all payrolls completed in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as required by Part 542 of Title 9 Subtitle N of the NYCRR pursuant to Article 15-A of the Executive Law. CONTRACTOR WORK FORCE EMPLOYMENT UTILIZATION REPORT Form G-3 COMMODITIES FIRMS
Agency New York Power Authority /Code 99905 Reporting Period Check one: Quarterly Report Semi-Annual Report Contractor Firm Name Address City State Zip Type of Report: Contract Specific Work Force Total Work Force Check if NOT-FOR-PROFIT Federal ID/Payee Id No. Contract No. Location of Work Check One: Prime Contractor Subcontractor County ZIP Product/Service Provided: Contract Amount: $ Contract Start Date: Percent of Job Completed
Number of Employees Total Total Percent Percent Federal Total Number of Black Hispanic Asian or Pacific Native American/ Minority Female Occupational Employees (Not of Hispanic Islander Alaskan Native Employees Employees Category Origin)
Male Female Male Female Male Female Male Female Male Female
Officials/Admin.
Professionals
Technicians
Sales Workers
Office & Clerical
Craft Workers
Operatives
Laborers
Service Workers
TOTALS
Company Official's Name Title
Company Official's Signature Date
Telephone Number ( ) WORK FORCE EMPLOYMENT UTILIZATION REPORT COMMODITIES FIRMS INSTRUCTIONS FOR COMPLETION
PURPOSE: The Work Force Employment Utilization Report for Commodities Firms is prepared by all contractors, and subcontractors if any, providing goods, products or merchandise to a state agency to document their actual employment of minority group members and women during the period covered by the report. The report has a format similar to forms used by the Federal government for reporting equal employment opportunity data. When the contract specific work force can be identified, the report covers all employees (including apprentices or trainees) working on the project. If the contract specific work force cannot be separated out, the contractor's total work force is reported. The completed reports are used by the contracting state agency to monitor the contractor's and subcontractor's compliance with the contract's equal employment opportunity requirements.
GENERAL INFORMATION: 1. Name of contracting state agency and state agency code (five digit code). 2. Reporting period covered by report (mm/dd/yy to mm/dd/yy); check to indicate Quarterly or Semi-Annual Report. 3. Contractor firm name (prime contractor on summary report submitted to agency) and address (including city name, state and zip code); check if the contractor is a NOT-FOR-PROFIT. 4. Type of Report: check to indicate whether report covers (i) the Contract Specific Work Force or (ii) the Company's Total Work Force (in the event the contract specific work force cannot be separated out). 5. Contractor Federal Employer Identification number or payee identification number (prime contractor i.d. on summary report); check to indicate prime or subcontractor report. 6. Contract Amount is dollar amount based on terms of the contract. 7. Contract number is the agency assigned number given to the contract. 8. Location of work including county and zip code where work is performed. 9. Indicate Product or Service provided by contractor (brief description). 10. Contract start date is month/day/year work on contract actually began. 11. Contractor's estimate of the percentage of work completed at the end of this reporting period.
FEDERAL OCCUPATIONAL CATEGORIES: The contractor's work force is broken down and reported by the nine Federal Occupational Categories (FOC's) consistent with the Federal government's EEO-1 categories for the private sector labor force. These are: Officials and Manager, Professionals, Technicians, Sales, Office & Clerical (Administrative Support), Craft Workers, Operative, Laborers and Service Workers. The categories are general in nature, and include all related occupational job titles. The contracting agency can provide assistance in categorizing specific jobs.
TOTAL NUMBER OF EMPLOYEES: Record the total number of all persons employed in each FOC during the reporting period, regardless of ethnicity (either working on the specific contract OR in the contractor's total work force, based on the type of report indicated above). Report the total number of male (M) employees in column (1) and the total number of female (F) employees in column (2) for each FOC. In columns (3) through (10) report the numbers of male and female minority group members employed, based on the following defined groups:
Black (not of Hispanic origin): all persons having origins in any of the Black African racial groups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless of race; Asian or Pacific Islander: all persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or Pacific Islands; Native American or Alaskan Native: all persons having origins in any of the original peoples of North America.
TOTAL % MINORITY = sum of all minority group members (male and female) employed in the FOC divided by the total number of all employees in that FOC (column 1 + column 2). TOTAL % FEMALE = total number of female employees in the FOC (column 2) divided by the total number of all employees in that FOC (column 1 + column 2).
TOTALS: column totals should be calculated (sum each column) for all FOC's combined. Total minority and female percentages should be calculated as shown above, based on the column totals.
SUBMISSION: The Work Force Employment Utilization Report is to be completed by both prime and subcontractors and signed and dated by an authorized representative before submission. This Company Official's name, official title and telephone number should be printed or typed where indicated on the bottom of the form.
The prime contractor shall complete a report for its own work force, collect reports completed by each subcontractor, and prepare a summary report for the entire combined contract work force. The reports shall include the total number of employees in each occupational category for all payrolls completed in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as required by Part 542 of Title 9 Subtitle N of the NYCRR pursuant to Article 15-A of the Executive Law. CONTRACTOR WORK FORCE EMPLOYMENT UTILIZATION REPORT Form G-4 SERVICE and/or CONSULTANT FIRMS
Agency New York Power Authority /Code 99905 Reporting Period Check one: Quarterly Report Semi-Annual Report Contractor Firm Name Address City State Zip Type of Report: Contract Specific Work Force Total Work Force Check if NOT-FOR-PROFIT Federal ID/Payee Id No. Contract No. Location of Work Check One: Prime Contractor Subcontractor County ZIP Product/Service Provided: Contract Amount: $ Contract Start Date: Percent of Job Completed
Number of Employees Total Total Percent Percent Federal Total Number of Black Hispanic Asian or Pacific Native American/ Minority Female Occupational Employees (Not of Hispanic Islander Alaskan Native Employees Employees Category Origin)
Male Female Male Female Male Female Male Female Male Female
Officials/Admin.
Professionals
Technicians
Sales Workers
Office & Clerical
Craft Workers
Operatives
Laborers
Service Workers
TOTALS
Company Official's Name Title
Company Official's Signature Date
Telephone Number ( ) WORK FORCE EMPLOYMENT UTILIZATION REPORT SERVICE and/or CONSULTANT FIRMS INSTRUCTIONS FOR COMPLETION
PURPOSE: The Work Force Employment Utilization Report for Service and/or Consultant Firms is prepared by all contractors, and subcontractors if any, providing services (skilled or non-skilled) or professional consulting services to a state agency to document their actual employment of minority group members and women during the period covered by the report. The report has a format similar to forms used by the Federal government for reporting equal employment opportunity data. When the contract specific work force can be identified, the report covers all employees (including apprentices or trainees) working on the project. If the contract specific work force cannot be separated out, the contractor's total work force is reported. The completed reports are used by the contracting state agency to monitor the contractor's and subcontractor's compliance with the contract's equal employment opportunity requirements.
GENERAL INFORMATION: 1. Name of contracting state agency and state agency code (five digit code). 2. Reporting period covered by report (mm/dd/yy to mm/dd/yy); check to indicate Quarterly or Semi-Annual Report. 3. Contractor firm name (prime contractor on summary report submitted to agency) and address (including city name, state and zip code); check if the contractor is a NOT-FOR-PROFIT. 4. Type of Report: check to indicate whether report covers (i) the Contract Specific Work Force or (ii) the Company's Total Work Force (in the event the contract specific work force cannot be separated out). 5. Contractor Federal Employer Identification number or payee identification number (prime contractor i.d. on summary report); check to indicate prime or subcontractor report. 6. Contract Amount is dollar amount based on terms of the contract. 7. Contract number is the agency assigned number given to the contract. 8. Location of work including county and zip code where work is performed. 9. Indicate Product or Service provided by contractor (brief description). 10. Contract start date is month/day/year work on contract actually began. 11. Contractor's estimate of the percentage of work completed at the end of this reporting period.
FEDERAL OCCUPATIONAL CATEGORIES: The contractor's work force is broken down and reported by the nine Federal Occupational Categories (FOC's) consistent with the Federal government's EEO-1 categories for the private sector labor force. These are: Officials and Manager, Professionals, Technicians, Sales, Office & Clerical (Administrative Support), Craft Workers, Operative, Laborers and Service Workers. The categories are general in nature, and include all related occupational job titles. The contracting agency can provide assistance in categorizing specific jobs.
TOTAL NUMBER OF EMPLOYEES: Record the total number of all persons employed in each FOC during the reporting period, regardless of ethnicity (either working on the specific contract OR in the contractor's total work force, based on the type of report indicated above). Report the total number of male (M) employees in column (1) and the total number of female (F) employees in column (2) for each FOC. In columns (3) through (10) report the numbers of male and female minority group members employed, based on the following defined groups:
Black (not of Hispanic origin): all persons having origins in any of the Black African racial groups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless of race; Asian or Pacific Islander: all persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or Pacific Islands; Native American or Alaskan Native: all persons having origins in any of the original peoples of North America.
TOTAL % MINORITY = sum of all minority group members (male and female) employed in the FOC divided by the total number of all employees in that FOC (column 1 + column 2). TOTAL % FEMALE = total number of female employees in the FOC (column 2) divided by the total number of all employees in that FOC (column 1 + column 2).
TOTALS: column totals should be calculated (sum each column) for all FOC's combined. Total minority and female percentages should be calculated as shown above, based on the column totals.
SUBMISSION: The Work Force Employment Utilization Report is to be completed by both prime and subcontractors and signed and dated by an authorized representative before submission. This Company Official's name, official title and telephone number should be printed or typed where indicated on the bottom of the form.
The prime contractor shall complete a report for its own work force, collect reports completed by each subcontractor, and prepare a summary report for the entire combined contract work force. The reports shall include the total number of employees in each occupational category for all payrolls completed in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as required by Part 542 of Title 9 Subtitle N of the NYCRR pursuant to Article 15-A of the Executive Law. CONTRACTOR MONTHLY WORK FORCE EMPLOYMENT Form G-5 UTILIZATION REPORT - CONSTRUCTION
Agency New York Power Authority /Code 99905 Reporting Period Contractor Firm Name Address City State ZIP
Federal Id/Payee Id No. Contract No. Location of Work Check One: Prime Contractor Subcontractor County ZIP Contract Start Date: Percent of Job Completed: Contract Amount $
F=Foreman/Supv. Total Total J=Journeyworker Total Hours Worked During Reporting Period Number Number A=Apprentice/Trainee of of Employees Minority Job or Trade ** Total Hours Black (Not of Asian or Native Employees Category Worked All Hispanic Origin) Hispanic Pacific American/ Minority Female Employees Islander Alaskan Native % %
MFMFMFMFMFMFMF
Field Office Staff: Professionals Office/Clerical
F Laborers J A F Equipment J Operators A F Surveyors J A F Truck Drivers J A F Iron Workers J A F Carpenters J A F Cement Masons J A F Painters J A F Electricians J A F Plumbers J A Other: F J A
GRAND TOTALS
Company Official's Name Title
Company Official's Signature Date
Telephone Number ( ) MONTHLY WORK FORCE EMPLOYMENT UTILIZATION REPORT - CONSTRUCTION INSTRUCTIONS FOR COMPLETION
PURPOSE: The Monthly Work Force Employment Utilization Report is prepared by all construction contractors, and subcontractors to document their actual employment of minority group members and women during the period covered by the report. The report has a format similar to forms used by the Federal government (e.g. U.S. Department of Labor) for reporting equal employment opportunity data. The report covers all hourly workers, including foremen, supervisors or crew chiefs, journey workers and apprentices or trainees working on the project. Professional and office clerical field office staff working ont he contract shall also be reported. The completed reports are used by the contracting state agency to monitor the contractor's and subcontractor's compliance with the contract's equal employment opportunity requirements.
GENERAL INFORMATION: 1. Name of contracting state agency and state agency code (five digit code). 2. Reporting period covered by report (month/year). 3. Contractor or subcontractor firm name (prime contractor on summary report submitted to agency) and address (including city name, state and zip code). 4. Contractor or subcontractor Federal Employer Identification number or payee identification number (prime contractor i.d. on summary report); check to indicate prime or subcontractor report. 5. Contract Amount is dollar amount based on terms of the contract. 6. Contract number is the agency assigned number given to the contract. 7. Location of work including county and zip code where work is performed. 8. Contract start date is month/day/year work on contract actually began. 9. Contractor's estimate of the percentage of work completed at the end of this reporting period.
JOB OR TRADE CATEGORIES: A field office staff category plus ten job categories are printed on the form. These are trades commonly used in construction. The categories are intended to be general in nature, and may include several occupational job titles. IF trades other than those identified are required to perform work on the contract, this work should be combined and reported in the "Other" category. Work level designations of foreman/supervisor (F), journeyworker (J), and apprentice/trainee (A) are included as separate entries for each standard job category; hours worked must be recorded opposite the appropriate work level for each.
TOTAL HOURS WORKED DURING REPORTING PERIOD: Record the total hours worked by all employees during the reporting period, regardless of ethnicity, under each job category in column (1) for males (M) and column (2) for females (F). In columns (3) thru (10) report the total hours worked by male and female minority group members of one of the following defined groups:
Black (not of Hispanic origin): all persons having origins in any of the Black African racial groups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless of race; Asian or Pacific Islander: all persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or Pacific Islands; Native American or Alaskan Native: all persons having origins in any of the original peoples of North America.
MINORITY % = sum of all minority group members (M and F) in job category divided by the total hours worked by all employees in that job category (column 1 + column 2). FEMALE % = total hours worked by all female employees in the job category (column 2) divided by the total hours worked by all employees in that job category (column 1 + column 2). TOTAL NUMBER OF EMPLOYEES: record the total number of all persons employed during the reporting period, regardless of ethnicity; report the numbers of male (M) and female (F) employees separately. TOTAL NUMBER OF MINORITY EMPLOYEES: record the total number of minority persons employed during the reporting period; report the numbers of minority male (M) and minority female (F) employees separately.
GRAND TOTALS: column totals should be calculated for all job categories combined. Total minority and female percentages should be calculated as shown above, based on the column grand totals.
SUBMISSION: The monthly Work Force Employment Utilization Report is to be completed by both prime and subcontractors and signed and dated by an authorized representative before submission. This Company Official's name, official title and telephone number should be printed or typed where indicated on the bottom of the form.
The prime contractor shall complete a report for its own work force, collect reports completed by each subcontractor, and prepare a summary report for the entire combined contract work force. The reports shall include the total work hours for all employees in each work category for all payrolls completed in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as required by Part 542 of Title 9 Subtitle N of the NYCRR pursuant to Article 15-A of the Executive Law. APPENDIX H TAX LAW REQUIREMENTS
New York State Tax Law Section 5-a became effective August 20, 2004 for all covered procurements initiated on or after January 1, 2005 and was subsequently amended effective April 26, 2006. It applies to contracts where (1) the total amount of contractor’s sales delivered into New York State are in excess of $300,000 for the four sales tax quarters immediately preceding the quarterly period in which the certification is made, and with respect to any contractors, subcontractors, or affiliates of contractors whose sales delivered into New York State exceeded $300,000 for the four sales tax quarters immediately preceding the quarterly period in which the certification is made, and (2) the contracts or agreements with state agencies or public authorities for the sale of commodities or services have a value in excess of $100,000. This law imposes upon contractors the obligation to certify, prior to the effective date of the contract, whether or not the contractor, its subcontractors, and affiliates of the contractors are required to register to collect state sales and compensating use tax. Where required to register, the contractor must also certify that it is, in fact, registered with the Department of Taxation and Finance (DTF).
Contractor certification forms and instructions for completing the forms can be found at the website noted below. Proposed contractors should complete and return the certification forms within two business days of request prior to any contract award. Failure to respond timely may render a proposed contractor non-responsive and non- responsible. Proposed contractors shall take the necessary steps to provide properly certified forms, within a timely manner to ensure compliance with the law. In addition, if the contractor fails to make the certification required by New York Tax Law Section 5-a, or if, during the term of the contract, the approving agency discovers that such certification was false when made, then such failure or false certification will be a material breach of the contract, and the contract may be subject to termination if the approving agency determines that such action is in the best interests of the State of New York.
IMPORTANT NOTICE In the case of a contract in which the terms provide for renewal upon expiration of an initial or subsequent term, the contractor must submit a certification document to the Authority, by the day prior to the commencement date of the next succeeding term of the contract. All covered contracts awarded, amended, extended, renewed or assigned on or after April 26, 2006 require form ST-220-CA to be filed with the Authority which certifies that ST-220-TD has been filed with the DTF and is up to date. 1
Contractors may call the DTF at 1-800-698-2931 for any and all questions relating to Tax Law Section 5-a and relating to a company’s registration status with the DTF. For additional information and frequently asked questions, please refer to the DTF website: http://www.nystax.gov
1 All covered procurements initiated on or after January 1, 2005 and awarded prior to April 26,2006 shall be governed by the former rules and procedures as described in http://www.osc.state.ny.us/agencies/gbull/g222.htm
PROC-H Page 1 of 1 REV. 2, 5/07
New York State Department of Taxation and Finance ST-220-CA Contractor Certification to Covered Agency (6/06) (Pursuant to Section 5-a of the Tax Law, as amended, effective April 26, 2006) For information, consult Publication 223, Questions and Answers Concerning Tax Law Section 5-a (see Need Help? on back). Contractor name For covered agency use only Contract number or description Contractor’s principal place of business City State ZIP code
Contractor’s mailing address (if different than above) Estimated contract value over the full term of contract (but not including renewals) Contractor’s federal employer identification number (EIN) Contractor’s sales tax ID number (if different from contractor’s EIN) $ Contractor’s telephone number Covered agency name
Covered agency address Covered agency telephone number
I, , hereby affirm, under penalty of perjury, that I am (name) (title) of the above‑named contractor, that I am authorized to make this certification on behalf of such contractor, and I further certify that: (Mark an X in only one box)
G The contractor has filed Form ST-220-TD with the Department of Taxation and Finance in connection with this contract and, to the best of contractor’s knowledge, the information provided on the Form ST-220-TD, is correct and complete.
G The contractor has previously filed Form ST-220-TD with the Tax Department in connection with (insert contract number or description) and, to the best of the contractor’s knowledge, the information provided on that previously filed Form ST-220-TD, is correct and complete as of the current date, and thus the contractor is not required to file a new Form ST-220-TD at this time.
Sworn to this day of , 20
(sign before a notary public) (title)
Instructions General information Note: Form ST-220-CA must be signed by a person authorized to make the certification on behalf of the contractor, and the acknowledgement Tax Law section 5-a was amended, effective April 26, 2006. On or on page 2 of this form must be completed before a notary public. after that date, in all cases where a contract is subject to Tax Law section 5-a, a contractor must file (1) Form ST-220-CA, Contractor When to complete this form Certification to Covered Agency, with a covered agency, and (2) Form ST-220-TD with the Tax Department before a contract As set forth in Publication 223, a contract is subject to section 5-a, and may take effect. The circumstances when a contract is subject to you must make the required certification(s), if: section 5-a are listed in Publication 223, Q&A 3. This publication is i. The procuring entity is a covered agency within the meaning of the available on our Web site, by fax, or by mail. (See Need help? for statute (see Publication 223, Q&A 5); more information on how to obtain this publication.) In addition, a ii. The contractor is a contractor within the meaning of the statute (see contractor must file a new Form ST-220-CA with a covered agency Publication 223, Q&A 6); and before an existing contract with such agency may be renewed. iii. The contract is a contract within the meaning of the statute. This is If you have questions, please call our information center at the case when it (a) has a value in excess of $100,000 and (b) is a 1 800 698-2931. contract for commodities or services, as such terms are defined for purposes of the statute (see Publication 223, Q&A 8 and 9). Furthermore, the procuring entity must have begun the solicitation to purchase on or after January 1, 2005, and the resulting contract must have been awarded, amended, extended, renewed, or assigned on or after April 26, 2006 (the effective date of the section 5-a amendments). Page 2 of 2 ST-220-CA (6/06)
Individual, Corporation, Partnership, or LLC Acknowledgment STATE OF } : SS.: COUNTY OF }
On the day of in the year 20 , before me personally appeared , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that he resides at , Town of , County of , State of ; and further that: [Mark an X in the appropriate box and complete the accompanying statement.] G (If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.
G (If a corporation): _he is the of , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.
G (If a partnership): _he is a of , the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.
G (If a limited liability company): _he is a duly authorized member of , LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.
Notary Public
Registration No.
Need help? Privacy notification Internet access: www.nystax.gov (for information, forms, and publications) The Commissioner of Taxation and Finance may collect and maintain personal information pursuant to the New York State Tax Law, including but not limited to, Fax-on-demand forms: 1 800 748-3676 sections 5-a, 171, 171‑a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law; and may require disclosure of social security numbers pursuant to 42 USC 405(c)(2)(C)(i). Telephone assistance is available from 8:00 A.M. to 5:00 P.M. (eastern time), This information will be used to determine and administer tax liabilities and, when authorized by law, for certain tax offset and exchange of tax information programs as Monday through Friday. 1 800 698‑2931 well as for any other lawful purpose. To order forms and publications: 1 800 462-8100 Information concerning quarterly wages paid to employees is provided to certain From areas outside the U.S. and outside Canada: (518) 485-6800 state agencies for purposes of fraud prevention, support enforcement, evaluation of the effectiveness of certain employment and training programs and other purposes Hearing and speech impaired (telecommunications authorized by law. device for the deaf (TDD) callers only): 1 800 634-2110 Failure to provide the required information may subject you to civil or criminal penalties, Persons with disabilities: In compliance with the or both, under the Tax Law. Americans with Disabilities Act, we will ensure that our lobbies, This information is maintained by the Director of Records Management and Data offices, meeting rooms, and other facilities are accessible to Entry, NYS Tax Department, W A Harriman Campus, Albany NY 12227; telephone persons with disabilities. If you have questions about special 1 800 225‑5829. From areas outside the United States and outside Canada, call accommodations for persons with disabilities, please call 1 800 972-1233. (518) 485‑6800. APPENDIX I NEW YORK POWER AUTHORITY (NYPA) NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION CRITICAL INFRASTRUCTURE PROTECTION (NERC CIP) CYBER ACCESS AND / OR UNESCORTED PHYSICAL ACCESS TRAINING REQUIREMENTS
The following definitions shall apply to Appendix I:
Contractor: the party bound by the terms of contract with NYPA.
Contractor personnel: the Contractor’s employees who perform work at NYPA. It is understood and agreed by the Contractor that Contractor personnel are not in an employee and employer relationship with NYPA. Accordingly, in the performance of this Agreement, Contractors personnel are independent of NYPA and NYPA has no obligation under State or Federal laws to Contractor personnel . NYPA’s total commitment and liability under this Agreement is Contractor’s fee and expenses limited as described in the Agreement.
1.0 PURPOSE
To comply with NERC CIP annual Cyber Security Training Program requirements for Contractor personnel requiring authorized cyber access to NYPA Critical Cyber Assets and / or requiring authorized unescorted physical access to any NYPA facility or location.
2.0 APPLICABILITY
The Appendix I requirements shall apply to all Contractor personnel having or requiring cyber access to NYPA’s Critical Cyber Assets, including remote access, and those requesting or required to have unescorted physical access to any NYPA facility or location.
- The annual Appendix I training requirement is valid for one (1) year from date of completion subject to Section 3.0 below. Failure to comply shall result in denial of Cyber access and / or unescorted Physical access.
3.0 PROCEDURES
3.1 Once a Contract is awarded, but prior to the performance of any Contract services, Contractor personnel MUST attend and complete NYPA’s training on NERC CIP standards.
3.2 Contractor personnel training shall be administered by NYPA in a manner it deems appropriate which may include, but will not be limited to, online training.
3.3 NERC CIP training is required annually.
3.4 NERC CIP Training may last approximately one hour.
3.5 Contractor personnel MUST sign NYPA Form I-1 confirming completion of such NERC CIP training. Form I-1 can be signed electronically or manually.
3.5.1 Completion of on-line training will be recorded electronically. 3.5.2 Completion of off-line training administered by Site Security or authorized representative will require Contractor personnel to manually sign Form I-1.
Rev. 1, 11-18-09 3.5.3 Manually completed Forms I-1 shall be collected by Site Security and forwarded to the White Plains Office Designee.
3.6 The Contractor shall maintain and retain its own records of their personnel who have completed the NYPA NERC CIP training.
Rev. 1, 11-18-09 APPENDIX I – FORM I-1 NEW YORK POWER AUTHORITY NERC CIP CRITICAL CYBER ASSETS ACCESS / UNESCORTED PHYSICAL ACCESS TRAINING FOR CONTRACTOR PERSONNEL ACKNOWLEDGEMENT OF TRAINING
Date of Training:
NYPA Contract Number:
NYPA Point of Contact (POC) Person*:
I, hereby acknowledge that I have (Name of Contractor Personnel - Printed) attended and completed the New York Power Authority’s (NYPA) Annual Training Program for Contractor Personnel having authorized Cyber Access to Critical Cyber Assets or authorized Unescorted Physical access to NYPA facilities and locations in its entirety and fully understand my responsibilities and agree to adhere to protocols that enforce these requirements.
Contractor Personnel Signature Title
Company Name Telephone
Date * Key NYPA person responsible for the contract work
Rev. 1, 11-18-09 APPENDIX J
BIDDER/CONTRACTOR COMPLIANCE WITH STATE FINANCE LAW §§139-J AND 139-K PROVIDING FOR CERTAIN PROCUREMENT DISCLOSURES
I. Disclosure of Persons or Organizations
This bid document, and any resulting contract, is subject to the provisions of New York State Finance Law §§ 139-j and 139-k providing for increased disclosure in the public procurement process through identification of persons or organizations whose function is to influence procurement contracts, public works agreements and real property transactions.
The State Finance Law requires the Authority to obtain identifying information on every individual or entity, or any employee, agent or consultant or person acting on behalf of such individual or entity that contacts the Authority where a reasonable person would infer that the communication was intended to influence the Authority procurement during the Restricted Period. The “Restricted Period” refers to the period of time commencing with the earliest written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method for soliciting a response from bidders intending to result in a procurement contract and ending with the final contract award. The Authority is also obligated to collect information on whether such person or organization has a financial interest in the procurement.
Thereafter, the State Finance Law also requires the Authority to obtain such identifying information on every person or organization subsequently retained, employed or designated by or on behalf of the contractor to attempt to influence the procurement process. A covered agency or authority shall ensure that a contractor informs such agency or authority of persons or organizations subsequently retained, employed or designated by or on behalf of the contractor before the agency or authority is contacted.
In order to comply with these requirements, the bidder/contractor shall provide the Authority, as part of its proposal, with the names, addresses and other
Rev. 5/20/10 Page 1 of 2 pertinent information as shown on the attached Form “J-1”, of all employees, outside firms, or other entities retained, employed, or designated by or on behalf of the contractor to attempt to influence the procurement process including, but not limited to, negotiation of any contract arising from the bid solicitation.
II. Bidder/Contractor Disclosure of Prior Non-Responsibility Determinations
The State Finance Law requires the Authority to make a determination of responsibility of the proposed awardee for a procurement contract. It also mandates consideration of whether a contractor has intentionally provided false or incomplete information under such provisions within the last five years, and whether a contractor has failed to timely disclose accurate and complete information or otherwise cooperate in the implementation of such provisions.
A failure to timely disclose such information shall be considered in the Authority’s determination of responsibility of the bidder/contractor.
In order to assess this information, bidder/contractor shall complete the attached form “J-2”.
III. Bidder/Contractor Certification of Compliance
The State Finance Law requires that every procurement contract subject to its provisions contain a certification that all information provided to the Authority, as required by this Appendix J, is complete, true and accurate.
A procurement contract may be terminated upon a finding that an awardee intentionally provided false or incomplete information to the Authority as required by this Appendix J.
Bidder/Contractor shall complete the attached Form “J-3”.
Rev. 5/20/10 Page 2 of 2 AppendixJ Page1of2 Form J-1 BIDDER/CONTRACTOR DISCLOSURE OF CONTACTS FORM
Procurement ID Number (RFP or Q No.:) Bidder/Contractor Name: Address: City: State: Zip Code:
Person submitting this form: Name: Title: Telephone No.:
(A) Bidder/Contractor Personnel (Include company officers, sales or marketing personnel, engineers, lawyers, insurance specialists and other personnel) Financial Interest in Name Location Title Telephone No. the Procurement? 1. Yes No 2. Yes No 3. Yes No 4. Yes No 5. Yes No 6. Yes No 7. Yes No 8. Yes No 9. Yes No 10. Yes No
Rev. 5/20/10 AppendixJ Page2of2 Form J-1 BIDDER/CONTRACTOR DISCLOSURE OF CONTACTS FORM
Procurement ID Number (RFP or Q No.:) Bidder/Contractor Name: Address: City: State: Zip Code:
(B) Outside Person or Organization
Financial Interest Name and Company Address Title Telephone No. in the Procurement? 1. Yes No 2. Yes No 3. Yes No 4. Yes No 5. Yes No 6. Yes No 7. Yes No 8. Yes No 9. Yes No 10. Yes No
Rev. 5/20/10 Appendix J
Page 1 of 2 Form J-2
Contractor Disclosure of Prior Non-Responsibility Determinations
Bidder/Contractor Name: Address: City: State: Zip Code:
Person submitting this form: Name: Title: Telephone No.:
Has any covered agency or authority made a finding of non-responsibility regarding the Contractor in the last five years?
No Yes
If yes, was the basis for the finding of the Contractor’s non-responsibility due to the intentional provision of false or incomplete information required by New York Power Authority or another state agency regarding certain procurement disclosures?
No Yes
Covered Agency or Authority: Year of Finding on Non-Responsibility: Basis of Finding of Non-Responsibility:
Rev. 5/20/10 Appendix J Form J-3
Contractor Certification of Compliance
Contractor certifies that all information provided to the Authority with respect to the Authority’s updated procedures, consistent with New York State Finance Law §§ 139-j and 139-k, providing for certain disclosures is complete, true and accurate. Contractor affirms that it understands and agrees to comply with the practices of the Authority relative to permissible contacts as required by New York State Finance Law §§139-j(3) and 139-j(6)(b).
Bid/Contract Number
CONTRACTOR CERTIFICATION: I certify that all information provided to the Authority with respect to the Authority’s practices providing for certain disclosures is complete, true and accurate.
By (signature:) Date:
Name (printed or typed:) Title: Contractor: Address: City: State: Zip Code:
Rev. 5/20/10 APPENDIX M Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology (BART) for Heavy Duty Vehicles
The New York Power Authority (Authority) is a regulated entity under 6 NYCRR Part 248. All Contracts to provide labor, services, materials and/or equipment on behalf of a regulated entity shall require the Contractor (a.k.a. Independent Contractor) to comply with 6 NYCRR Part 248. The Authority is required to collect information from Contractors which demonstrates compliance with 6 NYCRR Part 248 and to submit the collected information specified in Section C below to the New York State Department of Environmental Conservation ( NYS DEC) as part of the Authority’s Part 248 annual report. The Contractor is also required to keep records demonstrating compliance with Part 248 and make them available to the NYS DEC upon request. The full test of 6 NYCRR Part 248 can be found at http://www.dec.ny.gov/regs/2492.html.
A. APPLICABILITY:
1. Appendix M (Part 248) applies to all prime contractors using covered vehicles as defined below. Prime contractors are defined as any person or entity which contracts directly with a regulated entity and who is responsible for the completion of the contract with the regulated entity.
2. COVERED VEHICLES: Heavy Duty Vehicles (HDVs), which includes any on and off- road vehicles, powered by a diesel engine and having a gross vehicle weight of greater than 8,500 pounds except as noted below:
3. EXEMPTED VEHICLES (Types):
(a) Gasoline powered vehicles (b) All vehicles less than 8500 gross vehicle weight (GVW) (c) HDVs specifically listed in 6 NYCRR 248-1.1(b)(14) Definitions (refer to http://www.dec.ny.gov/regs/56377.html)
B. APPLICABLE REQUIREMENTS:
1. All diesel powered Heavy Duty Vehicles (HDVs), greater than 8500 GVW, owned by, operated by, or leased by the Contractor and used in the performance of the Contract/Purchase Order shall be powered by Ultra Low Sulfur Diesel Fuel (ULSD).
2. All diesel powered HDVs owned by, operated by, or leased by the Contractor and used in the performance of the Contract/Purchase Order shall utilize BART by December 31, 2013.
C. COMPLIANCE WITH THE BART REQUIREMENTS:
1. By September 1st or upon completion of the contract, the Contractor shall provide an inventory of all HDVs used in the performance of the Contract/Purchase Order according to the NYS DEC prescribed format (Appendix M – Attachment 1 entitled “Heavy Duty Diesel Vehicle Inventory List). 2. Compliance Options:
(a) Model year 2007 and newer HDVs with an engine certified to the applicable 2007 EPA standard for particulate matter ( 0.01 g/bhp-hr) as set forth in section 86.007- 11 of title 40 of the Code of Federal Regulations (see Table 1 in 6 NYCRR Section 200.9) or to any subsequent USEPA standard for such pollutant that is at least as stringent; or
(b) Retrofit Model Year 2006 and older HDVs with an EPA or California Air Resources Board (CARB) verified BART technology
3. BART Evaluation and Selection Process
(a) BART shall be selected from the diesel retrofit technologies (products) verified by either the EPA or the California Air Resources Board (CARB).
(b) The specific procedures for evaluating and selecting BART for each applicable HDV are found in 6 NYCRR 248 -3.1(f)(2) (see http://www.dec.ny.gov/regs/56380.html).
4. The Contractor shall:
(1) fully document all steps performed in accordance with Paragraphs C. 2.(a) and C.2.(b) selection processes as described above;
(2) make available or provide all documentation to the DEC upon its request; and
(3) retain all documentation generated in Paragraphs C. 2.(a) and C. 2.(b) selection processes as described above, for five years or as long as the selected option is in use, whichever is longer.
5. The Contractor's failure to fully document the use of Paragraphs C. 2.(a) or C. 2.(b) or to provide such documentation shall be considered a violation of Subdivision 248-3.1(f) of 6 NYCRR Part 248 and is subject to applicable penalties.
D. DELIVERABLES:
1. The Contractor shall provide the following submittals: (a) The completed HDV inventory form specified in C.1. above as follows:
Contract Type Submittal Schedule All Construction Work Prior to commencement of construction related work All Other Work/Services Prior to commencement of the work/Services Equipment No later than thirty (30) days after order entry
Proc-M Rev. 1, 11/30/2012 RFQ No. 2 2. The Contractor shall mail its submittal(s) to the attention of the “Procurement Department” at the appropriate Authority office below that originated the Contract/Purchase Order:
New York Power Authority 123 Main Street White Plains, NY 10601 New York Power Authority Clark Energy Center 6520 Glass Factory Road P.O. Box 191 Marcy, New York 13403-2100 New York Power Authority Blenheim-Gilboa Power Project 397 Power Plant Access Road P.O. Box 200 Gilboa, New York 12076 New York Power Authority Niagara Power Project 5777 Lewiston Road Lewiston, New York 14092-2199 New York Power Authority St. Lawrence/FDR Power Plant Robert Moses Power Dam 830 Barnhart Island P.O. Box 700 Massena, New York 13662 New York Power Authority Charles Poletti Power Project 31-0320th Avenue Astoria, New York 11105-2014
3. The Contractor’s failure to provide required submittals including but not limited to the correct NYPA Contract/Purchase Order Number, may delay payment of invoices.
IN WITNESS WHEREOF, I HEREBY CERTIFY that I am duly authorized to execute this binding certification on behalf of the Contractor, I have personally examined and am familiar with the provisions above, and I certify that based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information in the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that a false statement in the submitted information may be punishable as a criminal offense, under Article 175 of the New York State Penal Law, and in accordance with any other applicable statute or regulation.
Proc-M Rev. 1, 11/30/2012 RFQ No. 3 Yes I am aware of the requirements and fully understand that failure to comply promptly may result in additional cost which shall be borne by the Contractor. No diesel powered vehicles greater than 8,500 GVW will be used.
All diesel powered vehicles greater than 8,50GVW that will be used are exempt as defined in 248-1.1(b)(14).
Date: ______
Company Name: ______(print or type)
Contractor Signature: ______
Print (or type) Name: ______
Print (or type) Title: ______
For New York Power Authority Official Use Only:
Contract/P.P. Number:
Proc-M Rev. 1, 11/30/2012 RFQ No. 4 Appendix M - Attachment 1 Heavy Duty Diesel Vehicle Inventory List (Use additional worksheets as necessary)
Contractor Name: Contractor Address:
NYPA Contract/ Purchase Order #: VEHICLE # (e.g., “1”)
Instructions:
1. Contractor must submit one (1) completed form per vehicle. 2. Indicate “N/A” If any field is not applicable for the Vehicle 3. For definitions of the terms below, refer to 6 NYCRR Subpart 248-1
VEHICLE IDENTIFICATION NUMBER (VIN): LICENSE PLATE NUMBER: ON-ROAD VEHICLE (Y/N) : OFF ROAD VEHICLE (Y/N) : VEHICLE DESCRIPTION TYPE VEHCILE/USAGE: ALTERNATIVE FUEL VEHICLE OR ENGINE (Y/N) : BI-FUEL VEHICLE (Y/N) : DEVICE RETROFITTED PRIOR TO FEBRUARY 12, 2007 (Y/N) ODOMETER READING OR ENGINE HOURS: DATE OF ODOMETER READING OR ENGINE HOURS: NAME OF FACILITY WHERE VEHICLE IS LOCATED: LOCATION OF VEHICLE ADDRESS: CITY OF VEHICLE LOCATION: STATE: GVWR: CHASSIS MAKE: CHASSIS MODEL: CHASSIS MODEL YEAR: ENGINE SERIAL NUMBER: ENGINE MAKE: ENGINE MODEL: ENGINE MODEL YEAR: ECM S/N: ENGINE DISPLACEMENT: RATED HP: ENGINE CLASS: NUMBER OF CYLINDERS: TURBOCHARGED OR NATURALLY ASPIRATED (T = TURBO & N = NATURALLY ASPIRATED) : RETROFIT PRODUCT NAME: RETROFIT CLASSIFICATION LEVEL NUMBER (I.E LEVEL 1, 2 OR 3) :
Proc-M Rev. 1, 11/30/2012 RFQ No. 5 DATE OF PRODUCT INSTALLATION: CARB FAMILY NAME (IF APPLICABLE): INSTALLER/VENDOR NAME: INSTALLER CONTACT INFO: OEM APC DEVICE INSTALLED TYPE (IF APPLICABLE): OEM EGR EQUIPPED (Y/N): NOX REFLASH (FOR NOX AFFECTIVE ENGINES ONLY) (Y/N) DATE OF NOX REFLASH: NOX REFLASH VERSION: ANNUAL USAGE (MILEAGE/HOURS) : DIESEL EMISSION OPACITY RESULTS: DATE OF EMISSIONS TEST: REPOWER WITH 2007 USEPA STANDARD FOR PM 0.01 g/bhp-hr (Y/N) : DATE OF REPOWER WITH 2007 USEPA STANDARD FOR PM 0.01 g/bhp-hr: : VEHICLE ENGINE RETIRE DATE: BART WAIVER ID #: ISSUE DATE OF BART WAIVER: FUEL CHARACTERISTIC TYPE - ULSD (Y/N) : QUANTITY OF ULSD USED:
Proc-M Rev. 1, 11/30/2012 RFQ No. 6 Appendix “N” The New York State Iran Divestment Act of 2012 Iranian Energy Sector Divestment
This bid document and any resulting contract are subject to the provisions of New York State Public Authorities Law § 2879-c Iranian Energy Sector Divestment. This Appendix requires persons or organizations to certify that they do not ‘engage in investment activities” (as defined in section 2 below) in an energy sector of Iran and if they do, to take certain other actions.
1. As used in this section [§ 2879-c]:
a) “Energy sector” of Iran means activities to develop petroleum or natural gas resources or nuclear power in Iran. b) “Financial institution” means the term as used in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). c) “Investment” means a commitment or contribution of funds or property, a loan or other extension of credit; and the entry into or renewal of a contract for goods or services. d) “Iran” includes the government of Iran and any agency or instrumentality of Iran. e) “Person” means any of the following; i) A natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group. ii) Any governmental entity or instrumentality or a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3).). iii) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph one or two of this paragraph.
2. For purposes of this section [§ 2879-c], a person engages in investment activities in Iran if:
a) The person provides goods or services of twenty million dollars or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran, or b) The person is a financial institution that extends twenty million dollars or more in credit to another person, for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on The List of Entities created by the Commissioner of General Services at www.ogs.ny.gov.
3. Notwithstanding any other provision of § 2879-c or any other law to the contrary, no state or local public authority or an interstate or international authority, or subsidiary thereof, shall enter into any contract for work or services performed or to be performed or goods sold or to be sold, with a person that is identified on a list created by the Commissioner of General Services pursuant to paragraph (b) of subdivision three of section one hundred sixty-five-a of the state finance law as a person engaging in investment activities in Iran as described in subdivision two of the section.
Proc-N, Rev 0. 6/28/13 Page 1 of 2 Appendix “N” Contractor Certification of Compliance
Contractor certifies that all information provided to the Authority regarding Contractor’s investment activities in the Iranian energy sector is complete, true, and accurate. Contractor affirms that it understands and agrees to comply with the practices of the Authority relative to permissible contacts as required by New York State Public Authorities Law § 2879-c and New York State Iran Divestment Act of 2012.
Bid/Contract Number:
CONTRACTOR CERTIFICATION:
“By signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on The List of Entities created by the Commissioner of General Services pursuant to paragraph (b) of subdivision 3 of section 165-a of the New York State Finance Law.”
By (signature): Date:
Name (printed or typed):
Title:
Contractor:
Address:
City: State: Zip Code:
Proc-N, Rev 0. 6/28/13 Page 2 of 2 SAFETY PERFORMANCE QUESTIONNAIRE Q16-6022MS - SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS PROJECT PRINT OR TYPE
Provide information below for the years noted in accordance with Recordkeeping Guidelines for Occupational Injuries and Illnesses under the Occupational Safety and Health Act of 1970(Public Law 91-596 of the United States, 29 U.S.C. Sec. 651 et. seq)
A Workman's Compensation 2013 2014 2015 YTD Interstate Experience Modification Record (EMR) B Recordable Injury Incidence Rate * C Lost Workday Injury Incidence Rate * FROM OSHA 300 LOG D Number of Injuries with Lost Workdays E Number of Injuries without Lost Workdays F Number of Injury Related Fatalities G Number of Cases with First Aid Attention Only H Employee Hours Worked/Year
* (B) Rate = D + E x 200,000 (C) Rate = D x 200,000 H H SAFETY STAFF: List the highest ranking safety professional in your company and certification:
Name______Title______
Contractor ______
Address ______
Phone/email______
H/SAFETY SCREENWELL INTAKE DECK REHABILITATION SERVICE PLATFORM DEMOLITION DIVISION 1 - PROJECT SPECIFICATION TABLE OF CONTENTS
SECTION PAGE SECTION 01010 - SUMMARY OF WORK ...... 2 SECTION 01090 - REFERENCES ...... 8 SECTION 01100 - JOBSITE REQUIREMENTS ...... 10 SECTION 01220 - PROJECT MEETINGS ...... 19 SECTION 01240 - PROJECT CONTROL REQUIREMENTS ...... 21 SECTION 01310 - CONSTRUCTION SCHEDULES ...... 25 SECTION 01335 - DATA TO BE FURNISHED BY THE CONTRACTOR ...... 28 SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA, DOCUMENTS, AND SAMPLES ...... 30 SECTION 01410 - TESTING LABORATORY SERVICES ...... 37 SECTION 01440 - CONTRACTOR'S QUALITY CONTROL ...... 38 SECTION 01505 - MOBILIZATION AND DEMOBILIZATION ...... 43 SECTION 01524 – ENVIRONMENTAL, HEALTH, SAFETY AND CONSTRUCTION WASTE MANAGEMENT ...... 45 SECTION 01576 - FACILITY POLLUTION, WATER, AND EROSION CONTROL ...... 56 SECTION 01577 - FACILITY PROTECTION AND SITE RESTORATION ...... 61 SECTION 01701 - CONTRACT CLOSEOUT ...... 67 ATTACHMENT 1 – FIELD CHANGE NOTICE ...... 70 ATTACHMENT 2 – FIELD CHANGE REQUEST ...... 72 ATTACHMENT 3 – DESIGN CHANGE NOTICE ...... 74 ATTACHMENT 4 – SUBMITTAL COVER SHEET ...... 76 ATTACHMENT 5 – CONTRACTOR’S SUBMITTAL LOG ...... 78 ATTACHMENT 6 - REQUEST FOR INFORMATION (RFI) SHEET ...... 80 ATTACHMENT 7 - CONSTRUCTION INSPECTION/MONITORING PROGRAM ...... 82
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition SECTION 01010 - SUMMARY OF WORK
PART 1 GENERAL
1.1 SUMMARY
A. Title of Project:
Screenwell Intake Deck Rehabilitation – Service Platform Demolition
B. Location of Project:
Charles Poletti Power Project – Astoria, New York
1.2 WORKS UNDER THIS CONTRACT
A. The work covered under these specifications consists of furnishing all plant supervision, labor, materials and equipment (except for services, materials, and/or equipment to be furnished by others as specifically referred to in the Contract Documents), and performing all operations required for the Screenwell Intake Deck Rehabilitation and Service Platform Demolition.
The scope of this project includes demolition of the service platform, rehabilitation of existing deck and shoreline repairs in the vicinity of the platform.
The required work shall include, but not limited to the following:
1. Furnishing a detailed construction work plan including debris containment and schedule for the orderly completion of the work as specified. Submittal format shall conform to Division 1, Section 01310. 2. Furnishing of a detailed site specific Health and Safety Plan (HASP) to satisfy the requirements of the Occupational Safety and Health (OSHA) Standard 29 CFR 1910 and NYPA’s Health and Safety Standards. 3. Furnishing of all documents (including any design documents and plans signed and sealed by a New York State Professional Engineer) required by these specifications including drawings, data, and calculations on materials, methods, equipment, and installation procedures and drawings. Submittal format shall conform to Division 1, Section 01340. 4. Furnishing and maintaining required temporary facilities for construction (unless otherwise specified) including power, lighting, water, sanitary facilities, and field offices during the duration of the contract as herein specified in the Division 1 – Project Specifications. 5. Field verify all site conditions prior to work commencement.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 6. Provide all necessary labor, equipment, materials and supervision to supply and install all components as specified on the drawings, including, but not limited to: • Mobilize on site and establish laydown/staging area. • Install erosion, sedimentation and turbidity control measures. • Survey existing conditions and stakeout. • Repair and rehabilitate the existing intake screenwell deck/structure to be used as an access point for unloading by barges, laydown area and working platform. • Demolish and remove the existing service platform and completely remove steel piles bearing on top of rock but embedded in soil/silt. All other steel piles socketed into rock, cut 1’-0” ft. below river bed’s mud line. • Restore the Shoreline underneath the demolished service platform. • Remove any unsound concrete from the existing screenwell deck slab. Powerwash to remove dirt, algae, and any deleterious materials. Do not allow wash water and debris to enter the East River. • Place reinforcing steel and concrete to fill the openings in the deck that is to remain. • Repair existing parapet wall and construct new parapet wall sections per plans and specifications as required after demolition of service platform sections. • Perform additional repairs if indicated by Engineering’s inspection. • Perform shoreline repair and/or riprap placement underneath the demolished. 7. Provide and implement a QA/QC program, per Division 1, Section 01440. 8. Provide all project documentation, procedures, manuals, and drawings including as-built drawings as required by these technical specifications. 9. Furnish all labor, materials, and equipment to establish and maintain a site office and laydown area as needed to perform the work. The site shall be restored at the completion of the Work in accordance with Division 1, Section 01577. 10. Provide all required notices and permits including payment of associated fees and perform all work in accordance with issued construction permits, except as noted in Section 1.3 A below. 11. Furnish and install all materials as shown on the drawings, including all required demolition, reinforcement, drilling and grouting, concrete patching, concrete and installing miscellaneous items as indicated herein. If any debris or other materials are stockpiled, they are to be surrounded by silt fencing or other control devices to control sediment and prevent discharge to the drain- age system. Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 12. Remove and dispose of all excess materials and debris in accordance with all NYPA, local, state, and federal requirements. 13. Collect all drill cuttings, sludge, water, excess grout, and other waste materials from the construction and operations. Handle and dispose of these materials in accordance with NYPA, local, state, and federal requirements and regulations. 14. Provide all construction and stakeout surveying. 15. Provide all site restoration for areas disturbed by the Contractor’s activities. 16. Provide other items of work as specified in the Construction Technical Notes on Drawings that may not be explicitly listed above.
1.3 SERVICES, MATERIAL, AND EQUIPMENT PROVIDED BY THE AUTHORITY:
A. Items, property, and services supplied by the Authority are:
1. Independent confirmation QA/QC for evaluation and performance of installed construction materials. 2. Potable water.
1.4 COOPERATION
A. The New York Power Authority (hereinafter referred to as the “Authority”) shall cooperate with the Contractor to facilitate the continuity and progress of the work. The Contractor shall cooperate with the Authority by minimizing the disturbance of the Authority's activities in the areas within or adjacent to the contract work.
B. With direction from the Authority’s Site Representative, the Contractor shall coordinate all work activities with those of the Authority. The Contractor shall avoid causing disruptions to the daily activities of the operation and maintenance personnel and their equipment at the Authority’s facilities. When work must be coordinated with plant personnel, the Contractor may be required to stop or rearrange the project schedule.
C. With direction from the Authority’s Site Representative, the Contractor shall coordinate all work activities with other contractors performing work in these and adjacent areas. The Contractor shall avoid interference and ensure the continued progression of work.
D. All operations of the Contractor shall be confined to the areas authorized and approved by the Authority. No unauthorized and unwarranted entry or passage,
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
storage or disposal of materials shall be made upon the property of the Authority.
E. The Contractor shall maintain access to existing roads to the jobsite at all times. When work will interfere with access to the facilities, the Contractor shall advise the Authority of the proposed work schedule at least forty-eight (48) hours in advance. The Authority will strive to accommodate the proposed work schedule.
F. The Contractor shall be responsible for the conduct of all employees in relation with one another, all Authority employees, and other contractors working at the Authority’s facilities. Any misconduct shall be dealt with in a responsible and timely matter by the Contractor.
G. The Contractor is required to conform to all requirements of the Authority’s Clearance and Protection Procedures.
1.5 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
A. The lists of equipment, tabulations of data, and schedules appearing in the specifications and/or drawings are included only for the assistance and guidance of the Contractor in arriving at a more complete understanding of the intended scope of work. They are not intended, or to be construed, as relieving the responsibility of the Contractor in conducting their own takeoffs and preparing a work plan.
B. The Contractor shall perform all measurements necessary to determine actual dimensions for the matching and proper fit of new material to the existing components.
C. The Contractor is responsible for taking measurements of existing conditions and elevations. These shall take precedence over dimensions provided in the Contract Documents. If an error should exist, deviations from the Contract Documents shall be made only after an agreement in writing is obtained from the Authority.
1.6 OBSTACLES AND MINOR ADJUSTMENTS
A. The drawings are not intended to show all details and requirements relating to the scope of work. The Contractor shall advise the Authority's Site Representative immediately, in writing, when the Contractor encounters obstacles or discrepancies, which require minor changes or adjustments to the approved design and work procedures.
1.7 ABBREVIATIONS AND SYMBOLS
A. The Contractor is expected to be familiar with the standard abbreviation symbols used in the Contract Documents. The Contractor shall inform the Authority, in writing, of any unclear or unknown abbreviation or symbol. Unless notified, the Authority will assume that the Contractor is fully familiar with all such items and Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition can execute the work accordingly.
1.8 LANGUAGE AND SYSTEM OF UNITS
A. All dimensions, descriptions, calculations, drawings, test reports, progress estimates, packing lists, and correspondences submitted to the Authority shall be in English and shall have English system of units throughout, in addition to any other language and any other system of units. Where the English language or system of units is in conflict with the language or system of units used by the Contractor, the English language and system of units shall be binding.
1.9 PROTECTION OF AUTHORITY PROPERTY AND PERSONNEL
A. The Contractor shall provide protection to prevent damage to the Authority property, including all facilities, interior and exterior, during construction operations.
B. The Contractor shall protect the occupants and surrounding areas against hazards during constructions operation and shall provide safe access to Authority occupied areas. If elimination of access to any area becomes necessary, it shall occur only after advance notice and written approval by the Authority.
C. The Contractor shall provide necessary barricades, temporary partitions, other separations including those for dust control, and closures to protect the Authority’s personnel, equipment, facilities, and the public from harm or injury due to the construction operations.
D. The Contractor shall repair any damage to Authority property to the satisfaction of and at no cost to the Authority.
1.10 PROTECTION OF EQUIPMENT AND MATERIALS
A. The Contractor shall assume full and complete responsibility for protection and security of their materials and equipment stored at the project location.
1.11 SAFETY
A. The Contractor shall prepare and submit a comprehensive and signed “Site Specific Health, Safety, and Accident Prevention Program” administered by a Corporate- level Safety Officer which covers all specific project issues. The Contractor shall provide a written site specific rescue plan coordinated with local emergency response agencies.
B. According to the New York State Labor Laws, public work contracts of at least $250,000 require all laborers, workers, and mechanics employed in the performance of the contract on this worksite, either by the contractor, subcontractor or other person doing or contracting to do the whole or a part of the
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition work contemplated by the contract, shall be certified prior to performing any work on the project as having successfully completed the OSHA 10-hour Construction Safety and Health Course.
C. The Contractor shall review the Authority’s Safety Rules and Emergency Procedure and ensure compliance by all employees. This review shall be documented by the Contractor and submitted to the Authority. Should a required Authority safety practice be more restrictive than the Contractor’s Manual or practice, the Authority’s practice will be required.
PART 2 PRODUCTS NOT APPLICABLE
PART 3 EXECUTION
3.1 CONTRACT DRAWINGS
Drawing Drawing Title Revision Number Number 2473379 FY-01 Poletti – 500MW Combined Cycle Plant - 0 Shoreline Rehabilitation Plan, Sections and Details Civi/Structural 2473379 G621-D Charles Poletti Power Project Demolition – 0 Unit No.6 Circulating Water System Intake Structure Service Platform Civil/Structural 2473379 G-625A Poletti – 500MW Combined Cycle Plant – 0 Screenwell Intake Deck Rehabilitation Plan, Sections and Details Civil/Structural
3.2 CONTRACT SPECIFICATION SECTIONS
Section Title Revision Number 02082 Environmental Procedures Related to Earthwork 0 02220 Earthwork 0 02221 Earthwork 0 02271 Riprap 0 02541 Turbidity Control 0 02831 Galvanized Chain Link Fence 0 03200 Concrete Reinforcement 0 03300 Cast-in-place Concrete` 0 03930 Concrete Rehabilitation 0
END OF SECTION 01010
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition SECTION 01090 - REFERENCES
PART 1 GENERAL
1.1 CODES AND STANDARDS
A. All material and workmanship shall comply with, but not be limited to the following U.S. standards where applicable, and other standards explicitly referred to in the specifications, including such revisions which are in effect on the date that Proposals are received.
1. Air-Conditioning and Refrigeration Institute (ARI) 2. American Concrete Institute (ACI) 3. American Association of Automatic Door Manufacturers (AAADM) 4. American Institute of Steel Construction Specification and Standards (AISC) 5. American National Standards Institute (ANSI) 6. American Society for Testing and Materials (ASTM) 7. American Society of Civil Engineers (ASCE) 8. American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) 9. American Society of Mechanical Engineers (ASME) 10. American Society of Sanitary Engineering (ASSE) 11. American Welding Society Structural Welding Code (AWS) 12. Canadian Electrical Association (CEA) 13. Concrete Reinforcing Steel Institute (CRSI) 14. Code of Federal Regulations (CFR) 15. Crane Manufacturers Association of America (CMAA) 16. Factory Mutual (FM) 17. Fuel Gas Code of New York State (FGC-NYS) 18. Illuminating Engineering Society Handbook (IESNA) 19. Institute of Electrical and Electronic Engineers (IEEE) 20. Insulated Cable Engineers Association (ICEA) 21. Leadership in Energy and Environmental Design Standards (LEED) 22. Lightning Protection Institute (LPI) 23. Mechanical Code of New York State (MC-NYS) 24. National Bureau of Standards (NBS) 25. National Electric Code (NEC) 26. National Electrical Manufacturers Association (NEMA) 27. National Electrical Safety Code (ANSI C-2) 28. National Fire Protection Association (NFPA) 29. New York State Building Code (NYSBC) 30. New York State Department of Transportation (NYSDOT) 31. New York State Department of Safety and Health (DOSH)
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 32. New York State Energy Conservation Construction Code (ECCCNYS) 33. New York State Fire Code (NYSFC) 34. New York State Property Maintenance Code (NYSPMC) 35. Occupational Safety and Health Administration Standards (OSHA) 36. Plumbing Code of New York State (PC-NYS) 37. Sheet Metal and Air Conditioning Contractor National Association (SMACNA) 38. Steel Structures Painting Council (SSPC) 39. Underwriters Laboratories (UL) 40. U. S. Bureau of Reclamation (USBR)
B. The Contractor may propose the use of standards that are equal to or better than the above. In the event such standards are proposed, the Contractor shall submit the latest issue of the proposed standards and codes with any revisions in effect. The Contractor shall state all differences between the proposed standards and the above. All design and equipment shall adhere to the above standards except where the Contractor specifically states the differences, which are then accepted by the Authority. All proposed changes shall be documented in writing.
C. All parts, hardware, fittings, and materials shall conform to the standards listed above and all others indicated in the Contract Documents.
D. Materials furnished by the Contractor needed to complete all installations shall be compatible with both existing and new Authority furnished materials and shall be in accordance with the standards applicable to the work.
PART 2 PRODUCTS NOT APPLICABLE
PART 3 EXECUTION NOT APPLICABLE
END OF SECTION 01090
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition SECTION 01100 - JOBSITE REQUIREMENTS
PART 1 GENERAL
1.1 EMPLOYEE ORIENTATION
A. All Contractors’ employees are required to attend an employee orientation given by the Authority. The duration of the orientation is approximately two (2) hours.
B. The employee orientation will be held on the Authority's property and will be at the Authority's expense.
C. The employee orientation will cover the Authority's Safety, Fire Protection, Environmental, and Security requirements.
D. No compensation will be offered for the loss of time to the Contractor for attending the employee orientation.
E. No unescorted Contractor employee will be permitted on the Authority's property unless the employee orientation has been completed.
F. Contractor's employees who occasionally visit the site will be permitted access if escorted at all times by an employee who has completed the orientation. Truck drivers making deliveries to the site will require an escort by the Contractor.
1.2 SECURITY AND BACKGROUND SCREENING PROGRAM
A. The Contractor's personnel are expected to adhere to the Authority's security requirements as included in the Authority Safety/Security Manual. Reasonable delays due to the Authority performing its security-related duties (i.e., verifying an employee’s identification badge, etc.) are to be expected by the Contractor.
B. All Contractors must comply with the background screening requirements outlined in Appendix “D” – “SDP 45-01 Background Security Screening for NYPA Contractors”, found in the Bid Documents.
1.3 PHOTO IDENTIFICATION BADGES
A. Following the completion of employee orientation, all Contractor employees will be issued photo identification (ID) badges. All badges are the property of the Authority and must be returned upon termination of employment on site. A fee will be charged to the Contractor for each badge not returned.
B. All Contractor's employees must show the badge to the Authority's security personnel to gain entrance to the site and must wear the badge on outer garments so that it is Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition visible at all times while working on Authority property.
C. Any Contractor's employee without the appropriate badge will not be allowed access to the Authority's property.
1.4 PROHIBITED ITEMS
A. Firearms, liquor and drugs (except prescription drugs, which must be in the original labeled container) and other controlled substances are prohibited on the Authority's property. Any Contractor's employee in violation of this requirement will be subject to immediate removal from the site by the Authority and will not be permitted to return.
1.5 HOURS OF WORK
A. The Contractor shall confine normal hours of work from 7:00am to 3:30pm, Monday through Friday, unless otherwise noted. Upon written request and approval, the Authority may grant the Contractor extended hours at no additional cost to the Authority.
1. If the schedule requires that overtime be worked (i.e. in addition to the normal eight hour work day), the Contractor shall apply for and receive an Overtime Dispensation from the New York State Department of Labor.
B. All work activities and material deliveries shall be scheduled in advance and submitted to the Authority’s Site Representative. No work shall commence prior to the full knowledge of the Authority’s Site Representative.
1.6 SITE ACCESS REQUIREMENTS
A. All private vehicles and commercial vehicles entering and exiting the Authority's property are subject to search by the Authority.
B. Parking for employee's private vehicles shall be limited to those areas designated by the Authority's Site Representative. Vehicles parked on private property, blocking roadways, or otherwise illegally parked, will be towed at the owner's expense.
C. At the discretion of the Authority’s Site Representative, the Contractor's supervisory staff (i.e. Site Superintendent, QA Inspector, Safety Officer) may be issued keys to doors accessing the work areas, where applicable. Keys are property of the Authority and must be returned upon completion of work or leaving the project.
1.7 USE OF AUTHORITY FACILITIES
A. At the discretion of the Authority’s Site Representative and feasibility of the work
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition area, the Contractor may be permitted to use the Authority's restrooms. The Contractor shall be responsible for good housekeeping practices.
B. The Contractor may be permitted to use the tools and equipment provided by the Authority as per Section 01010 Paragraph 1.3.
1.8 FACILITIES TO BE PROVIDED BY THE CONTRACTOR
A. The Contractor shall provide storage areas, employee facilities, waste disposal, tools, fire prevention and safety equipment, fuel, gases, communication services, potable water and sanitary facilities. The Contractor will not be permitted to use any of the Authority’s facilities or service equipment, unless otherwise noted.
B. The Contractor shall supply, install, maintain in a safe working condition, and remove the following as required in the performance of the work:
1. Scaffolding. 2. Ladders and railings. 3. Temporary lighting. 4. Jobsite Trailers. 5. Service equipment required to support project work. 6. Any other items necessary to perform project work.
1.9 SITE OPERATIONS AND STORAGE SPACE ALLOCATION
A. The Authority retains sole authority to assign space for material and tool storage as needed by the Contractor. Allocation of space will be based on the most beneficial use of the area in regards to the interests of the Authority. The Contractor is advised that the need for space for installation work will likely exceed the space which will be assigned. Accordingly, the Contractor shall be prepared to develop, at their expense, temporary assembly facilities and office space in yard areas elsewhere on the site and to perform Contract Work within such areas. The Contractor shall not be entitled to an extension of time or to additional compensation by reason of any decision of the Authority in the assignment or reassignment of space in or adjacent to the area or by reason of the need for the Contractor to develop temporary erection areas and perform the Contract Work therein.
B. The Authority will provide space to the Contractor for temporary facilities required for their operations, storage, and personnel, etc. This space represents the total outside space on Authority property to be allocated for the Contractor's use. The Contractor is to develop the layout of their facilities within this space and submit it to the Authority for approval. The Contractor shall remove such temporary structures at the completion of Contract Work.
Jobsite Trailers:
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition Jobsite trailers shall comply with NYSBC and bear the Insignia of Approval (Insignia) by the State of New York. The Insignia shall be physically located on the trailer indicating the Insignia serial number, name of manufacturer, plan approval number, model or component designation, manufacturer’s serial number, and date of manufacture. The Insignia is applied at the manufacturer’s plant and the State will not provide one once it leaves the plant.
If the jobsite trailers contain the Insignia the Authority shall verify that the appropriate design parameters were used for the location the trailer will be installed – specifically, snow, wind, and seismic design criteria. Signed and sealed construction calculations may be requested by the Authority.
If the jobsite trailers do not contain an Insignia, signed and sealed drawings and calculations specific for the project and location will be required for Authority review and acceptance. Inspection of the trailers including exposing all concealed work may be required.
For all trailers the Authority will need NYS PE signed and sealed site-specific installation drawings for the trailers, foundation and all utilities. NYS PE signed and sealed drawings will also be required, required for site renovations, as built documentation and restoration design. The engineer of record and contractor shall apply and obtain all necessary permits.
The color of the trailer(s) must be approved by NYPA prior to the installation and shall blend into the surroundings and nearby buildings. The contractor shall be responsible for all maintenance and up keep including; power and communication connections, lavatory facilities, cleaning, snow and ice removal, surcharges, fees and usage for the duration of the “project”. NYPA reserves the right to perform periodic inspections of trailer(s) and the contractor must address all deficiencies identified (within 10 calendar days minimum) otherwise trailer(s) will be directed to be removed off site at the contractor’s expense. All trailers and associated equipment (utility poles, junction boxes, roads, sidewalks, gravel, backfill, trenching, etc…) along with all temporary connections (power, communication, water, sewer, etc…) shall be removed from the site upon completion of the construction activities. The site and utilities shall be restored to the condition prior to the trailer installation and will be included in the demobilization activities prior to final payment.
C. If the Contractor anticipates that additional outside space is required for their operations, a specific request in writing shall be submitted to the Authority for review and approval.
D. All areas to be utilized by the Contractor are to be jointly inspected and photographed by the Authority and the Contractor before the Contractor’s facilities are established. Both the Authority and the Contractor shall retain one (1)
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
complete set of the photographs.
E. Upon the removal of the Contractor's facilities, the Contractor shall fully restore these areas to their original condition. This includes, but is not limited to, grass areas, roadway, sidewalks, curbs, catch basins, plants, shrubs, trees, retaining walls, etc. This restoration shall be done completely at the Contractor's cost.
F. All operations of the Contractor upon Authority's premises shall be confined to areas authorized or approved by the Authority. No unauthorized or unwarranted entry upon, or passage through, shall be made upon Authority premises.
1.10 JOB CONDITIONS
A. Occupancy: The Authority will be continuously utilizing areas of the building(s) and site immediately adjacent to the work areas. The Contractor shall prevent disruption of the Authority's normal operations and shall provide a minimum of three (3) days advance notice to the Authority of activities which will impact the Authority's normal operations.
B. Condition of Structures: The Authority assumes no responsibility for the actual condition of items, structures, or existing roadways.
C. Traffic: The Contractor shall conduct operations in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close, block, or otherwise obstruct Authority streets, roadways, grass areas, walkways, or other occupied or used facilities without written permission from the Authority. Provide alternate routes around closed or obstructed traffic ways.
D. Cutting, Burning, and Welding: All cutting, burning, and welding operations require issuance of written permits from both the Contractor and the Authority. The Contractor shall provide a fire watch during all cutting, burning, and welding operations. A fire extinguisher shall be located within 20 feet of any operation.
1.11 DISPOSAL OF MATERIALS AND DEBRIS
A. The Contractor shall be responsible for the removal and disposal of excess unused material and debris resulting from operations, unless otherwise noted. Any material and equipment required for proper execution of the work shall be furnished by the Contractor and removed off-site when no longer needed.
B. The Contractor shall submit a proposed disposal site along with all applicable permits and documentation for review and approval by the Authority. 1. If hazardous materials are encountered during operations, the Authority’s Site Representative must immediately be notified. At the direction of the Authority’s Site Representative and/or Environmental Supervisor, the Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition Contractor shall comply with all applicable Federal, State, and local regulations, laws, and ordinances concerning removal, handling, and protection against exposure or environmental pollution.
2. Burning, burial, or storage of excess materials, excavated materials, trash, debris, etc. is not permitted on site, unless otherwise noted.
3. Trash and debris shall be removed from the worksite(s) on a daily basis.
C. Prior to loading any vehicle/equipment/tools that leave a highway, access road, or break the surface of soil, remove as much debris, vegetation, dirt and mud clinging to the equipment as possible.
1. If required, after loading, Contractor shall be responsible for transporting vehicle/equipment/tools to shop or car wash for thorough cleaning prior to entering another right-of-way. D. All spoils shall become the property of the Contractor and must be disposed of in accordance with all local, state, and federal requirements. The Contractor shall obtain prior approval from the Authority and the New York State Department of Environmental Protection for all spoil areas to be used for material generated from demolition and repair activities.
E. If drum containers are used to dispose of materials, only new DOT approved drums shall be used.
1.12 SAFETY AND ACCIDENT PREVENTION
A. The Contractor shall observe the Authority’s, DOSH, and OSHA safety rules and practices. Where conflict arises, the most stringent requirements, as determined by the Authority, shall apply.
1. According to the New York State Labor Laws, public work contracts of at least $250,000 require all laborers, workers, and mechanics employed in the performance of the contract on this worksite, either by the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract, shall be certified prior to performing any work on the project as having successfully completed the OSHA 10-hour Construction Safety and Health Course.
B. The Contractor shall ensure that the work environment is free from recognized hazards and is in compliance with applicable statutory, regulatory and other standards.
C. The Contractor shall prepare and submit a comprehensive and signed “Site Specific Health, Safety, and Accident Prevention Program” administered by a Corporate-
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition level Safety Officer which covers all specific project issues. The Contractor shall provide a written site specific rescue plan coordinated with local emergency response agencies.
D. The Contractor shall review the Authority’s Safety Rules and Emergency Procedure and ensure compliance by all employees. This review shall be documented by the Contractor and submitted to the Authority. Should a required Authority safety practice be more restrictive than the Contractor’s Manual or practice, the Authority’s practice will be required.
E. The Contractor shall take all necessary precautions for the safety of employees, protection of the work, and protection of adjoining property. The Contractor shall conform to all Federal, State, and local laws, Building Codes, and New York Power Authority rules and regulations in effect during performance of this Contract Work.
F. The Contractor shall erect and properly maintain at all times, as required by conditions and as directed by the Authority during the progress of the work, all necessary safeguards for the protection of workers, the Authority, and the public. Danger signs warning against the hazards created by such features of construction shall be posted as applicable.
G. The Contractor is solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.
H. The Contractor is advised that work may be done in the vicinity of energized lines and equipment, and shall take necessary precaution to protect employees and adjacent facilities from damage and maintain proper working clearances in accordance with OSHA and NESC guidelines and any additional requirements imposed by the Authority.
I. The Contractor shall properly ground all mobile equipment working in the vicinity of energized lines and equipment (and within the switchyard if applicable). Adjacent structures and their ground systems shall not be used to ground Contractor's equipment.
J. Reflective orange safety vests or fluorescent orange jackets shall be worn at all times while working on or adjacent to roadways.
K. The use of hard hats, safety shoes, and eye protection (with side shields) is mandatory. Additional Personal Protection Equipment, required by the construction activities, such as gloves, hearing and respiratory protection shall be provided by the Contractor to all employees as required by regulations.
L. One hundred percent (100%) fall protection shall be provided when involved in above-the-ground (four feet or higher) work. This includes but is not limited to the use of safety full body harnesses during the following operations: work from
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
suspended scaffold; work in aerial device (lift vehicles); and working from ladders, scaffold, or platforms (not protected). The Contractor shall submit a detailed Project Specific Fall Protection Plan, subject to review and approval by the Authority.
M. For each calendar week the Contractor has employees working on-site, at least one organized and documented Safety Talk shall be conducted by the Contractor’s Site Supervisor. Documentation of such should be submitted to the Authority’s Site Representative.
1.13 CLEARANCE AND PROTECTION PROCEDURES
A. All Contractor personnel shall adhere to, train, and qualify for the Authority’s lockout / tagout procedure, Clearance and Protection Procedures (CPP-1).
B. All personnel working under a clearance, including Authority employees and Contractors, must sign on to any clearances issued for the particular project, deeming them “authorized” to work on the equipment.
C. These “authorized” workers shall receive initial training on CPP-1 as well as refresher training on an annual basis.
D. Contractors shall receive this training as part of the initial orientation. The duration of the training is approximately two (2) hours.
1.14 NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION (NERC) REQUIREMENTS
A. All Contractor personnel shall adhere to, train, and qualify for the NERC Critical Infrastructure Protection (CIP) standards.
B. All personnel working on or near Critical Cyber Assets shall be trained within ninety calendar days of authorization to work in such areas, deeming them “authorized” workers.
C. Training shall cover the policies, access controls, and procedures as developed for the Critical Cyber Assets and shall include, at a minimum, the following required items appropriate to personnel roles and responsibilities:
2. Proper use of Critical Cyber Assets. 3. Physical and electronic access controls to Critical Cyber Assets. 4. Proper handling of Critical Cyber Asset information. 5. Action plans and procedures to recover or re-establish Critical Cyber Assets and access thereto following a Cyber Security Incident.
D. All personnel shall sign a form to indicate that training has been completed.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition E. These “authorized” workers shall receive initial training as well as refresher training on an annual basis.
F. Contractors shall receive this training as part of the initial orientation. The duration of the training is approximately one (1) hour.
1.15 DIESEL EMISSIONS REDUCTION ACT AND BEST AVAILABLE RETROFIT TECHNOLOGY (BART)
A. All Contractors and subcontractor(s) shall comply with 6 NYCRR Part 248 – Diesel Emissions Reduction Act and Best Available Retrofit Technology (BART).
1. All diesel-powered Heavy Duty Vehicles (HDVs), greater than 8500 GVW, owned by, operated by, or leased by Contractor personnel and/or subcontractor(s) personnel and used in the performance of the Contract/Purchase Order, shall be powered by Ultra Low Sulfur Diesel Fuel (ULSD) and shall utilize BART.
2. As outlined in Appendix “M” of the Bid Documents, Contractor(s) and subcontractor(s) shall submit proof of compliance with 6 NYCRR Part 248, including a complete HDV inventory/equipment list of all vehicles, equipment, etc. subject to review and approval by the Authority. Such information collected will be submitted to the NYSDEC.
3. Violations shall result in fines from the NYSDEC.
1.16 VIOLATION OF THE AUTHORITY'S REQUIREMENTS
A. Any Contractor's employee found in violation of any of the Authority's requirements (safety, fire protection, environmental, security, etc.) will be required to leave the property and will be prohibited from future work.
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01100
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
SECTION 01220 - PROJECT MEETINGS
PART 1 GENERAL
1.1 DESCRIPTION
A. The Authority's Site Construction Representative will schedule and administer all project meetings.
1.2 PRE-CONSTRUCTION MEETING
A. The Authority's Site Construction Representative will schedule one (1) or more meetings after Award of Contract and prior to the start of construction.
B. The Contractor shall have in attendance at the Meeting(s), as a minimum, Representatives including Project Superintendent, Safety and Quality Control Inspector(s), and Project Manager. Other key personnel responsible for the performance of the Project, including representatives from engineering and major subcontractor(s), will be requested to attend on an as-needed basis.
C. Items to be discussed, but not limited to:
1. Introductions. 2. Responsibilities of Contractor's and Authority's Key Project Personnel. 3. Project Administration. 4. Commercial Submittals. 5. Technical Submittals. 6. Design Documents Configuration Management Procedures (FCNs, FCRs, etc.). 7. Project Schedule. 8. Partial Estimate Payments. 9. Additional Work Request and Change Order Procedures. 10. Quality Control Program. 11. Environmental/Hazardous Waste Concerns. 12. Contractor’s Site Specific Health and Safety Program. 13. New York Power Authority Safety Orientation. 14. Project Close-out.
1.3 PROGRESS MEETINGS
A. The schedule for regular meetings, which are to be held weekly, will be set up at the pre-construction meeting. The Authority's Site Representative, Contractor's Project Superintendent, Project Manager, and subcontractor(s) pertinent to the agenda, shall attend these meetings.
B. The Agenda at the regular progress meeting shall include:
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
1. Review minutes of previous meeting. 2. Review administrative items. 3. Review schedule and status of submittals and shop drawings. 4. Review status of construction schedule. 5. Plan work progress during next work period and its effect on related work of others (two week look-ahead schedule). 6. Review and note field observations, problems, and decisions. 7. Identify and resolve all present and outstanding problems.
C. The Authority will make physical arrangements for the meetings, prepare an agenda with copies for participants, preside over the meetings, record the minutes of the meetings, and distribute copies, within two (2) work days, to the participants and those affected by the decisions made at the meeting
1.4 SPECIAL MEETINGS
A. Meetings other than the regularly scheduled progress meetings may be called by the Authority or requested by the Contractor to review special issues. These meetings shall be attended by the entities directly affected by the purpose of the meeting.
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01220
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition SECTION 01240 - PROJECT CONTROL REQUIREMENTS
PART 1 GENERAL
1.1 DAILY WORK REPORTS
A. The Contractor shall submit daily work reports indicating, at a minimum, the following:
1. Work performed. 2. Manual (craft) and non-manual manpower expended. 3. Equipment both utilized and idle.
B. The daily work reports are due to the Authority by the end of the next days’ work.
1.2 ACCIDENT / INCIDENT REPORTS
A. Accidents that occur to the vehicles or property of the Contractor or Authority employees, as a result of the Contractor's actions are to be reported, in writing, to the Authority, within one (1) day of the accident. The Authority will provide the Contractor with both the Authority and applicable legal damage and accident report forms.
B. Incidents (i.e. theft, vandalism, etc.) that occur to the vehicles or property of the Contractor or Authority’s employees, as a result of the Contractor's actions are to be reported, in writing, to the Authority, within one (1) day of the incident.
C. All Contractor injuries or near miss incidents must be reported to the Authority’s Site Representative immediately. If any injuries occur, the Contractor’s Safety Manager shall be required to report to the site and conduct a full investigation into the causes of the injury and a written report must be submitted to the Authority within 48 hours after the injury occurrence.
D. The Contractor shall submit a completed and signed OSHA’s Form 300 “Log of Work-Related Injuries and Illnesses” at the completion of every project.
1.3 DAILY SAFETY INSPECTION REPORTS
A. Checklists listing safety related items are to be prepared and submitted to the Authority daily indicating that the work areas present a safe environment.
1.4 BASELINE CASH FLOW SUBMITTAL
A. Within fifteen (15) calendar days after receiving the contract Notice of Award, the Contractor shall submit to the Authority the baseline cash flow for the Contract. This cash flow shall be based on, and submitted with, the baseline schedule as Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition defined in Section 01310 Paragraph 1.2.
B. The cash flow shall be based on the following:
1. Current delivery dates for Contractor furnished materials. 2. Current delivery dates for Authority furnished materials. 3. The baseline manpower forecast. 4. The work performed by subcontractor(s). 5. Payments made against the contract will be paid thirty days after receipt of the invoice by Accounts Payable upon prior approval from the Authority’s Site Construction Representative.
C. The cash flow shall be time-scaled and equal to the total contract value. The exact format will be as agreed to between the Authority and the Contractor.
1.5 UPDATE CASH FLOW SUBMITTALS
A. The Contract cash flow shall be updated and submitted to the Authority on monthly basis.
B. The updated cash flow shall be based on the following:
1. The updated construction schedule as per Section 01310 Paragraph 1.3. 2. The current delivery dates for Contractor and Authority furnished materials. 3. The current manpower forecast for the month. 4. The work performed by subcontractor(s). 5. Approved change orders. 6. Payments made against the contract will be paid thirty days after receipt of invoice by the Authority. 7. Actual payments made to the Contractor to-date.
1.6 BASELINE MANPOWER FORECAST
A. Within fifteen (15) calendar days after receiving the contract Notice of Award, the Contractor shall submit to the Authority the baseline manpower forecast for the Contract. This forecast shall be based on, and submitted with, the baseline schedule as defined in Section 01310 1.2.
B. The manpower forecast shall be based on the following: 1. Scheduled installation of Contractor furnished and Authority furnished material. 2. The work performed by subcontractor(s). 3. The manpower usage by craft to be utilized on the Contract. The number of craftsmen per month and overtime and shift work, if utilized, shall be indicated. 4. Both direct labor and indirect labor (i.e. field office and other overhead support labor) shall be indicated.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 1.7 UPDATE MANPOWER FORECASTS
A. The manpower forecast shall be updated and submitted to the Authority monthly.
B. The updated manpower forecast shall be based on the following:
1. Scheduled installation of Contractor furnished and Authority furnished material. 2. The work performed by subcontractor(s). 3. The manpower usage by craft on the Contract. The number of craftsmen per month and overtime and shift work, if any, shall also be indicated. 4. Actual manpower expended by the Contractor to-date shall be indicated. 5. Both direct labor and indirect labor (i.e. field office and other overhaul support labor) shall be indicated.
1.8 MANHOUR REPORTS
A. The Contractor shall submit to the Authority weekly and monthly manpower expenditure reports.
B. The reports shall be based on the following:
1. The reports shall indicate the actual number of man-hours expended by the Contractor and any subcontractor(s) by craft and work activities. The reports shall be time scaled up to the week or month of the respective report. 2. A list of the work activities shall be agreed to between Contractor and the Authority before work commences. 3. Both direct man hours and indirect man-hours (i.e. field office and other overhead support man-hours) shall be indicated. 4. The reports shall segregate the Contractor's man-hours, subcontractor(s)’ man- hours by work activity and direct and indirect man-hours.
1.9 DESIGN DOCUMENTS
A. The Authority’s Configuration Management Policy shall be utilized in order to control, evaluate, and implement changes to design documents.
B. To document minor construction changes to attributes specified in released engineering documents, the Contractor, in conjunction with the Authority’s Site Representative, may submit a Field Change Notice (FCN), which is included as Attachment 1. This FCN shall be reviewed by the Engineer of Record on the project.
C. To document a request for a change that may affect the original design intent, the Contractor, in conjunction with the Authority’s Site Representative, may submit a
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition Field Change Request (FCR), which is included as Attachment 2. This FCR must be reviewed and approved by the Engineer of Record, prior to commencement of this work.
D. During construction, the Engineer of Record may issue a Design Change Notice (DCN), which is included as Attachment 3, which documents required changes to the design due to newly discovered information that was not available during the initial design phase.
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01240
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
SECTION 01310 - CONSTRUCTION SCHEDULES
PART 1 GENERAL
1.1 SCHEDULE SUBMITTAL WITH PROPOSAL
A. The schedule to be provided with the Bid Proposal shall be a detailed, time-scaled, schedule showing all fabrication and construction activities and sequence of operations needed for the orderly performance and completion in accordance with milestone dates indicated in the Supplementary Conditions of the Contract.
1.2 BASELINE SCHEDULE SUBMITTAL
A. Within fifteen (15) calendar days after receiving the Contract Notice of Award, the Contractor shall submit to the Authority the baseline schedule for the contract. The schedule shall be a detailed Critical Path Method (CPM) schedule including the milestone dates specified in the Supplementary Conditions of the Contract. A tabular listing including, but not limited to, the work activities, early and late start dates, early and late finish dates, total float and free float shall also be provided.
B. The Authority will review and return the schedule with comments within ten (10) days after receipt.
C. The Contractor shall make any necessary changes and resubmit the schedule within fifteen (15) days after return from the Authority. The revised schedule shall, as determined by the Authority, be sufficient to meet the requirements for the project as set forth in the Contract. The approved schedule shall be maintained and updated to account for actual progress of the work.
D. The Contractor shall assist the Authority in reviewing and evaluating each schedule furnished. Approved schedules shall in no way relieve the Contractor of any obligations set forth in the Contract Documents.
1.3 SCHEDULE UPDATES
A. The construction CPM schedule shall be updated monthly with the partial payment request, or more often as project conditions require, to record progress. Schedule updates shall include all changes required to recover any schedule slippage incurred since the previous submission.
Schedule updates are to include, at a minimum, the following:
1. Actual work progress from the start of work up to the current schedule update. 2. Future schedule changes proposed by the Contractor. 3. Schedule changes approved by the Authority via Additional Work Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
Authorizations and change orders.
1.4 CONSTRUCTION SCHEDULES - GENERAL
A. The Authority will not process the first partial estimate until the baseline CPM schedule described in this section has been submitted by the Contractor. The Authority will delay the first partial estimate for as many days as the schedule submittal is delayed.
B. Both the baseline schedule and schedule updates shall include delivery lead time for materials furnished by either the Authority or the Contractor, and activities for the review and approval of Contractor submittals of the Contract.
C. The construction schedule shall be complete in all respects and shall include all major milestones, manpower forecasts by craft, and detailed work activities.
D. The schedule shall include fifteen (15) working days for the Authority’s review of all submittals.
E. The Contractor shall be available to review both the baseline schedule and schedule update submittals with the Authority during their review period.
F. The Contractors manpower forecast and cash flow forecast shall be integrated with, and based on, the Contract schedule.
G. If the schedule is based on overtime and/or multiple shifts, this is to be clearly stated.
1.5 TWO WEEK LOOK-AHEAD SCHEDULE
A. During Construction, the Contractor shall submit to the Authority weekly, a two week look-ahead schedule. The schedule shall indicate the actual work performed by the Contractor and any subcontractor(s), for the previous week and the scheduled work to be performed during the next two (2) weeks.
1.6 RELATED SECTIONS
A. SECTION 01010 - Summary of Work
B. SECTION 01100 - Jobsite Requirements
C. SECTION 01340 - Shop Drawings, Product Data, Documents, and Samples
D. SECTION 01410 - Testing Laboratory Services
E. SECTION 01440 - Contractor's Quality Control
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition F. SECTION 01505 - Mobilization and Demobilization
G. SECTION 01576 - Facility Pollution, Water, and Erosion Control
H. SECTION 01577 - Facility Protection and Site Restoration
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01310
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
SECTION 01335 - DATA TO BE FURNISHED BY THE CONTRACTOR
PART 1 GENERAL
1.1 MATERIAL AND EQUIPMENT TEST REPORTS
A. Where required, material and equipment tests herein specified or where such tests are required by standards governing the manufacture of such materials, eight (8) copies of certified tests reports shall be submitted by the Contractor to the Authority within fifteen (15) calendar days following completion of such tests, unless otherwise specified in the Contract Documents.
1.2 PHOTOGRAPHS
A. The Contractor shall furnish to the Authority four (4) copies (approximately 8 inches x 10 inches) of color photographs (digital photographs are acceptable) of fabrication work in progress, part and assemblies in the manufacturing plants, and any deficient components as specified in the technical specifications. The scope of the photographs shall be reviewed and agreed to by the Contractor and the Authority.
1.3 LIST OF MANUFACTURERS AND SUBCONTRACTOR(S)
A. Within fifteen (15) calendar days of the Contract Notice of Award, the Contractor shall submit to the Authority for approval the names of all other manufacturers of equipment and subcontractor(s) intended to participate in the Project.
1.4 LICENSES, CERTIFICATIONS, ETC.
A. The Contractor shall be responsible for ensuring all personnel that have a requirement for licensure/certification, qualification, or competency as required by federal, state, and local laws, meet those requirements.
B. The Contractor shall be responsible for submitting verification and copies of all up-to-date licenses and certifications as required for the contract work.
1.5 DRAWINGS AND DOCUMENTS
A. The Contractor shall submit drawings and documents as required by Section 01340 and the Appendix “F” – “Computer Aided Drawing Requirements for New York Power Authority”, found in the Bid Documents.
1.6 TIME SCHEDULE AND PROGRESS CHART
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
A. The Contractor shall submit the time schedule and progress chart as required by Section 01310.
1.7 QUALITY CONTROL INSPECTION PROGRAM
A. The Contractor shall submit the quality control/inspection program and documentation as required by Section 01440.
1.8 ADDITIONAL DATA
A. The Contractor shall submit any additional data requested by the Authority to review the Work of the Contract.
1.9 RELATED SECTIONS
A. SECTION 01010 - Summary of Work
B. SECTION 01100 - Jobsite Requirements
C. SECTION 1310 - Construction Schedules
D. SECTION 01340 - Shop Drawings, Product Data, Documents, and Samples
E. SECTION 01410 - Testing Laboratory Services
F. SECTION 01440 - Contractor's Quality Control
G. SECTION 01505 - Mobilization and Demobilization
H. SECTION 01576 - Facility Pollution, Water, and Erosion Control
I. SECTION 01577 - Facility Protection and Site Restoration
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01335
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA, DOCUMENTS, AND SAMPLES
PART 1 GENERAL
1.1 DESCRIPTION
A. The Contractor shall furnish to the Authority such drawings, data, and calculations on materials and equipment and documents as required for the control and completion of the work, including but not limited to information specifically required in the Contract Documents. Documents shall include product and equipment data, design data and fabrication and installation procedures.
B. Drawings, data, and calculations, including dimensions shall be in the English language and in U.S. units.
C. All drawings and data will be subject to review by the Authority for conformity with the Contract Documents. The sequence of submission of all drawings, data, and related material shall be such that all necessary information is available for reviewing the drawing or data when received and to maintain the Contractor's supply, fabrication, and construction schedule.
D. All drawings and data submitted for review shall be correct and complete for preparation of associated engineering work unless otherwise noted in writing by the Contractor.
E. Electronic files shall be submitted to the Authority in accordance with Appendix “F” – “Computer Aided Drawing Requirements for New York Power Authority”, found in the Bid Documents.
1.2 CONTRACTOR RESPONSIBILITIES
A. Within fifteen (15) days after receipt of Notice of Award, the Contractor shall furnish to the Authority a complete schedule plan of submission of all drawings, calculations, and data on materials and equipment for manufacture and installation. Each drawing to be submitted for the Work of the Contract shall be listed and properly identified on the schedule. The schedule will be reviewed by the Authority and the Contractor shall correct any defects noted therein. The schedule shall at all times present a complete plan for orderly submission of such drawings and data and shall be reviewed as necessary to meet this requirement. The Contractor shall promptly notify the Authority of any occurrence requiring substantial revision of the schedule giving a detailed explanation of the cause of the revision, and shall furnish a revised schedule within fifteen (15) days of such occurrence. Reviewed schedules will be reviewed by the Authority and corrected by the Contractor in the same manner as the original schedule.
B. The Contactor shall not commence, fabricate, or install work requiring submittals Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition until submittals meeting Contract Requirements have been returned to the Contractor.
C. The Contractor shall review, approve, stamp and sign shop drawings, product data, and samples prior to submission to the Authority.
D. Verify:
1. Field measurements and interferences. 2. Field construction criteria. 3. Catalog numbers and other data.
E. The Contractor shall coordinate each submittal with requirements of work and Contract Documents.
F. The Contractor's responsibility for errors and omissions in submittals is not relieved by the Authority's Representative review and approval of submittals.
G. The Contractor's responsibility for deviations in submittals is not relieved by the Authority's review or approval of submittals unless given written acceptance of the specific deviations by the Authority. The Contractor shall notify the Authority at time of submission, deviations in submittals from requirements of Contract Documents.
H. The Contractor shall submit a list of submittals using the Submittal Log, which is included as Attachment 5. The log shall be updated weekly or on an as-needed basis to accurately reflect progress of work.
I. The Contractor shall submit questions if further verification or clarification is needed regarding the Contract Documents on the Request for Information (RFI) Sheet, included as Attachment 6.
1.3 SPECIFIC DRAWING REQUIREMENTS
A. Drawings to be submitted shall include but not be limited to construction drawings of the work to be performed at the site, shop drawings of fabricated parts and materials, manufacturers' drawings of purchased equipment including assembly drawings, details of parts and components, catalog pages where applicable and bills of material.
B. Documents to be submitted shall include, but not be limited to, product and equipment data, design calculations, installation procedures, and other applicable documents.
C. Additional drawings and documents shall be submitted which, as determined by the Authority and Engineer, will be required to detail the work to be performed and the material, parts, and equipment to be supplied by the Contractor.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition D. Drawings and documents shall be submitted as early as possible to permit the Authority and Engineer to review the drawings and documents to permit the Contractor to maintain the project schedule.
E. Bills of material shall be submitted for all equipment and work and shall describe and give the characteristics and identification of all equipment and parts. Items shall be numbered sequentially and each item shall have a different number.
F. The Contractor may use their own title block on the drawings. The title block must contain the project title and a space located in the lower right-hand corner, inside of the margin, not smaller than 3 inches long and 1/2 inch high for the Authority's drawing file number to be added by the Authority.
G. Additional requirements for detail drawings and documents are specified in the various sections of the Contract Documents.
1.4 SHOP DRAWINGS
A. Original drawings, prepared by the Contractor, subcontractor(s), supplier(s) or distributer(s), which illustrate some portion of the work showing fabrication, layout, setting, or erection details shall comply with all Standard Construction Practices and the following:
1. Identify details by reference to sheet and detail numbers shown on shop drawings. 2. Photographic reproductions of contract drawings will not be accepted as shop drawings and will be rejected. 3. Bar type dimension scale shall be included on ALL drawings.
1.5 PRODUCT DATA
A. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts and other standard descriptive data:
1. Modify product data to delete information which is not applicable to the project and supplement any additional information required. 2. Clearly mark each copy to identify applicable materials, products, or models. 3. Show dimensions and clearances required.
1.6 SAMPLES
A. Physical examples to illustrate materials, equipment, or workmanship, and to establish standards by which completed work is judged.
B. Office samples shall be of sufficient size and quantity to clearly illustrate functional characteristics of product or material, with related parts and method of
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition attachment.
C. The Contractor shall submit field samples and erect mock-ups at an acceptable location designated by the Authority's Construction Representative.
1.7 SUBMITTAL REQUIREMENTS
A. Each submittal shall include a “Submittal Cover Sheet” found in Attachment 4, and shall be completed and submitted to the proper personnel as indicated in the Supplementary Conditions.
B. The Contractor shall be responsible for reviewing all Contract Documents to determine required submittals.
C. Submittals shall include:
1. Completed “Submittal Cover Sheet”. 2. Identification of product. 3. Relation to adjacent structure or materials. 4. Field dimensions, clearly identified. 5. Applicable standards. 6. A blank space, 4 by 4 inches, for the approval stamp.
D. Accompany each submittal with a transmittal letter, containing:
1. Date. 2. Authority's project title and Contract number 3. Contractor's name and address. 4. Notification of deviations from Contract Documents. 5. Additional pertinent data.
1.8 SUBMITTAL REVIEW PROCEDURE
A. Drawings shall be clearly identified and coordinated with the approved schedule furnished pursuant to Section 01340 Paragraph 1.2 by means of suitable drawing numbers and drawing titles. Space shall be provided in the title block to enable the Authority to add the Project file number. Such number once assigned shall be added by the Contractor to the original drawing and to the drawing schedules.
B. The Contractor shall properly check and correct all drawings and data before submission, whether they are prepared within their own organization or by subcontractor(s). The Contractor shall be responsible for assuring that all equipment, parts, materials, and features are fully coordinated and compatible. If specifically requested, the Authority shall be furnished copies of correspondence between the Contractor, subcontractor(s), supplier(s), and distributer(s).
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition C. The Authority will review and return drawings and data as provided below within fifteen (15) working days after date of receipt of all related information necessary for such review. If the Authority requires additional time for review, the Authority will so notify the Contractor and a reasonable extension of time shall be agreed to. The Authority shall not be responsible for any damage for delay or disruption resulting from such extension related to drawing or other submittal review.
D. Submittals sent to the Authority with the attached completed Submittal Cover Sheet, will be returned to the Contractor marked with one (1) of the following codes:
1. NO EXCEPTION TAKEN – The Contractor may proceed with the work.
2. MAKE CORRECTIONS NOTED – The submittal contains a minor amount of corrections. The Contractor may fabricate all items at its own risk without further correction.
3. REVISE AND RESUBMIT – The submittal contains a minor amount of corrections, but the noted items must not be fabricated without further correction. Details of items noted by checker are to be further clarified. All items not noted to be corrected can be fabricated at Contractor's risk under this designation.
4. REJECTED – The submittal is rejected as it is not in accordance with the Contract, contains too many corrections, or other justifiable reason. The submittal must be corrected and resubmitted. No items are to be fabricated under this stamp
5. SUBMIT SPECIFIED ITEM – The submitted item is not as specified. The Contractor must submit named manufacturer.
6. NOT REVIEWED – Item accepted for information only.
E. One (1) print of each drawing and applicable data sheets will be returned to the Contractor marked with one (1) of the following codes:
1. ACCEPTED – The Contractor may proceed with the work.
2. ACCEPTED AS NOTED RESUBMITTAL NOT REQUIRED – The Contractor may proceed with the work taking into account the corrections and comments noted on the drawing by the Authority or the Engineer. The drawings shall be resubmitted for record and reference after the necessary revisions are made.
3. ACCEPTED AS NOTED RESUBMITTAL REQUIRED – The Contractor shall
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
not proceed with work but, within fifteen (15) calendar days, shall make the corrections and revisions or prepare a new drawing or calculation and resubmit the revised information for review at no change in schedule or cost to the Authority.
4. NOT ACCEPTED – The Contractor shall not proceed with the work but, within fifteen (15) calendar days shall resubmit the required information to the Authority for review at no change in schedule or cost to the Authority.
F. If the Contractor does not agree with exceptions taken by the Authority, the Contractor shall state in a letter of re-submittal the reasons for not complying with the Authority's exceptions. The Authority shall review the letter and respond within ten (10) working days of receipt. Time required for such revisions and re submittal of drawings or calculations will not entitle the Contractor to any extension in Contract time.
G. Review of the drawings and documents by the Authority shall not relieve the Contractor from responsibility for making any variations from the requirements of the Contract Documents unless the Contractor has, in writing, called the Authority's attention to each such variation at the time of submission of the drawing or document. The Authority must give written approval of each such variation by a specific notation incorporated in or accompanying the drawing or document.
H. Review of the drawing by the Authority shall not relieve the Contractor in any way from responsibility for proper detailing of the design furnished by the Authority, satisfactory construction, compliance with the Specifications and applicable codes, or for errors or omission of any kind in the final installed work. The Authority's review does not constitute approval of the Contractor's detail design, safety precautions or construction means, methods, techniques, sequences or procedures. Review by the Authority does not substantiate instructions for installation or performance of the equipment or systems designed, supplied, or reviewed by the Contractor, all of which remain the responsibility of the Contractor. Review of a specific item does not indicate approval of an assembly of which the item is a component. The Authority shall be entitled to rely upon the Contractor's certification of performance, characteristics of materials, systems and equipment to establish that such materials, systems and equipment meet the performance criteria required by the Contract.
I. Drawings changed by the Contractor during the development of a design, shall be resubmitted to the Authority for review.
J. The Authority shall have the right to require the Contractor to make any changes in the design, which may be necessary in the opinion of the Authority, to make the equipment conform to the requirements and intent of these Specifications, with no additional cost to the Authority or change in schedule.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
K. The Contractor shall prepare and resubmit to the Authority within fourteen (14) calendar days after completion of work, a complete set of Authority drawings marked with all "As-Built" changes made during construction.
L. The Contractor shall furnish to the Authority one (1) reproducible set of all final correct Contractor's drawings which, in the opinion of the Authority, will be required for erection, operation, and maintenance; for identification of parts, and for ordering replacement parts and materials. The final drawings shall be furnished at the time of completion of the work and shall include all changes made during installation. All submitted final documents must be in accordance with Appendix “F” – “Computer Aided Drawing Requirements for New York Power Authority”, found in the Bid Documents.
M. All drawings submitted to the Authority shall become the property of the Authority for use as it sees fit.
1.9 RESUBMITTAL REQUIREMENTS
A. Shop Drawings: Revise initial drawings as required and resubmit as specified for initial submittal. Indicate on drawings changes which have been made other than those requested by the Authority's Construction Representative.
B. Product Data and Samples: Submit new data and samples as required for initial submittal.
C. Resubmitted drawings and documents shall be submitted and reviewed by the same procedure as the initial submittal. Drawings and documents resubmitted shall be marked with the revision number and date, and the changes shall be marked by circling, numbering, or other method.
1.10 RELATED SECTIONS
A. SECTION 01010 - Summary of Work
B. SECTION 01310 - Construction Schedules
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01340
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
SECTION 01410 - TESTING LABORATORY SERVICES
PART 1 GENERAL
1.1 DESCRIPTION
A. The Authority may obtain testing laboratory services by separate contract, the provisions of which may be examined by the Contractor for its information only.
B. Laboratory services, where utilized by the Authority, are solely an assurance that contract provisions are met and in accordance with applicable regulatory requirements. These services do not relieve the Contractor of its responsibility under the provisions of Section 01440.
C. Where results of Authority procured tests are made available to the Contractor, the Authority does so as a convenience only, and in no way shall this act be construed as relieving the Contractor of its obligations to provide materials and workmanship in accordance with the Contract Documents.
1.2 RESPONSIBILITIES AND DUTIES OF CONTRACTOR
A. Laboratory services required by the Contractor shall be as indicated in the Contract Documents.
B. The Contractor shall furnish such labor, equipment, and facilities as is necessary to obtain and handle samples at the project.
C. The Contractor shall provide safe access to items to be tested / inspected. This includes sheeting, scaffolding, stairs, and ladders.
D. The Contractor shall submit proper testing procedures and certifications and indicated in the Contract Documents for Authority review and approval.
E. The Contractor shall advise the Authority's Representative sufficiently in advance of operations to allow for completion of tests and for the assignment of personnel. A minimum of twenty-four (24) hours notice is required.
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01410
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
SECTION 01440 - CONTRACTOR'S QUALITY CONTROL
PART 1 GENERAL
1.1 QUALITY PROGRAM
A. Quality Control/Inspection Program
1. The Contractor is responsible for performing and documenting complete inspection of its work and any subcontractor(s)’ work.
2. The Contractor shall implement the Authority's Construction Inspection/Monitoring Program including the Construction Checklists, which is included as Attachment 7. The Contractor may use the Authority’s program to implement its own inspection monitoring program meeting the minimum requirements of the Authority's program. The Contractor's program shall be submitted to the Authority for review and approval.
3. Checklists to be utilized by the Contractor are to be included as part of the monitoring program. Additional checklists may be required and shall be added by the Authority or the Contractor as needed with no additional cost to the Authority. Checklists shall be filled in at the time the work is performed. Checklists shall be submitted to the Authority on a weekly basis for all work performed during the week. Partial payments will not be processed if the completed checklists are not submitted in a timely manner.
The Construction Inspection/Monitoring Program (CI/MP) and construction checklists reflect significant inspection points but shall not relieve the Contractor of responsibility to comply with the detailed requirements of the specifications and drawings. Implementation of the CI/MP and construction checklists by the Contractor shall not constitute acceptance of the work by the Authority.
The Contractor's CI/MP shall, as a minimum, meet the requirements of all applicable standard practices and all regulatory agencies. The Quality Control Inspection requirements required of the Contractor shall in turn be required of its subcontractor(s) and supplier(s) to the extent applicable consistent with their scope of work. Changes to the Inspection Program require prior written approval by the Authority.
4. The Contractor shall provide at least one (1) Quality Assurance/Quality Control Inspector to meet the inspection requirements of this Contract. Such a person shall not report directly to the immediate supervisor who is responsible for the work being inspected.
The checklists developed by the contractor shall also include data sheets which will be used as dimensional verification for the various stages of work. These checklists shall include witness and/or hold points, as required to adequately Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
verify the work. Data to be recorded shall include, but not be limited to dimensional checks, the recording of clearances, concentricities, etc.
5. The original checklists shall be maintained in the Contractor's Site office while the work is in progress and shall be available for Authority review at any time.
6. Measuring and testing equipment used by the Contractor in the implementation of the CI/MP shall be calibrated, within a maximum of one year of use, with traceability to the National Institute of Standards and Technology (NIST). Copies of the all calibration reports shall be provided to the Authority.
1.2 DEFINITIONS
A. Witness Points
1. Those inspection and test points that do not require the Contractor to delay the performance of inspection or work if the Authority's Quality Assurance Representative (AQAR) is not available to witness performance.
B. Hold Points
1. Inspection hold points beyond which work shall not proceed without the specific approval of the Authority's Quality Assurance Representative. Consent to waive specified hold points shall be recorded prior to continuation of work beyond the designated hold points.
2. If an inspection or test operation designated as a hold point does not have the requisite witnessing by the AQAR, unless a waiver has been granted, the Contractor faces rejection of the work by the Authority and must repeat, at its cost, the inspection or test for the AQAR before the work can be considered acceptable. The hold points will cover NDE, welding examinations, function tests, and significant or complex fabrication operations.
1.3 NONCONFORMANCE
A. Non-conformances to required codes, specifications, drawings, etc. relating to the contracted items which involve final form, fit or performance shall be documented by the Contractor. Whenever the Contractor's recommended disposition of a non conformance in these specified areas is "Use As Is" or "Repair", the Contractor must notify the Authority accordingly. Prior to incorporating the conforming or repaired part into the work the Authority's approval is required.
1.4 SHOP INSPECTION
A. As used herein the term "Authority Quality Assurance Representative" (AQAR)
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
shall mean the Authority's employee(s) or the Authority's Engineering Representative assigned to do inspection and/or test verification work in the Contractor's shop or those of its subcontractor(s) or supplier(s). Such personnel shall have the right to any information as is necessary to determine the progress of engineering, procurement, and production. They shall also have the right to witness inspection and/or test of the material or equipment, to review Contractor's inspection procedures, and to confirm compliance with the requirements of detailed drawings and these Technical Specifications. Failure to comply with the requirements of this paragraph may be cause for rejection of the work by the AQAR.
1.5 AUTHORITY PARTICIPATION IN INSPECTION/ TEST VERIFICATION/ AUDIT
A. The Authority reserves the right to participate in inspection, tests, or audits at the Contractor's facility relating to the services provided under this contract.
1.6 SHIPPING RELEASE
A. For each shipment made to the Site, the Contractor will present to the Authority a signed Certificate of Compliance fully identifying the product to be shipped and certifying that all Contract Documents have been adhered to except as noted by referenced non-conformances, which have been resolved. The Certificate of Compliance must be signed by the Contractor's Quality Assurance Representative. One (1) copy of this letter of compliance must accompany each shipment. No shipment shall be made until released by the Authority's Quality Assurance Representative.
1.7 PROCEDURE AND DOCUMENTATION REQUIREMENTS
A. All project submittals shall include one of the following coded notations, as indicated by the Contract Specifications.
C - To be submitted to the Authority for review and concurrence at least fourteen (14) days prior to start of fabrications. The Authority will provide written concurrence to the Contractor, and the AQAR will verify each concurrence at the Contractor's plant.
R - To be submitted to the Authority for review and retention either as they are generated or as a final documentation package dependent upon the agreement with the Authority. Documentation shall be clear, legible, and of suitable quality.
F - To be available in the Contractor's files for review by the Authority. No submittal of documents is required.
1.8 MATERIALS Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
A. Materials shall be new and of first class quality, suitable for the scope of work, free from defects and imperfections. All material shall also be of the classes and types listed in this Specification and all Technical Specifications or the equivalent ASTM materials. The equipment design and manufacture will be in accordance with the latest applicable standards.
B. All materials or parts used shall be tested in conformance with the applicable specifications and purchased with certified, electrical, mechanical, and chemical properties. Stocked materials may be used provided the required certifications for the material are available.
C. The materials selected shall be suitable for the purpose intended and adequate factors of safety shall be used throughout the design of the equipment specified herein.
D. The Contractor shall receive, inspect, and store all material delivered for this Contract. Material inspection shall be documented on material receiving reports. Any damage or defect shall be reported to the Authority immediately.
E. Petroleum products used on Site shall be stored in tightly sealed containers, which are clearly labeled and either stored in a storage container, or if stored outdoors, placed in a dike with a lined secondary containment structure.
F. No hazardous products shall be brought to the Site without prior written approval by the Authority and without a written plan for storage, containment, and disposal, if required.
G. The Contractor shall be responsible to identify any substances brought on Site requiring special handling or that may be harmful if employees may come in contact with the material. It is the responsibility of the Contractor to identify these items and have Material Data Safety Sheets (MSDS) available to all employees and to notify the Authority of the same. A copy of all MSDS shall accompany materials delivered to the Site and shall be submitted to the Authority.
1.9 CONTRACTOR NONCOMPLIANCE
A. If the Contractor fails to comply with the submittal requirements, as stated herein to the satisfaction of the Authority, then the Authority may take action as follows until such noncompliance is satisfactorily resolved.
B. The Contractor's payments will be withheld pending compliance by the Contractor with the QC Program, and submittal of completed check lists, organization charts, report forms, resumes and other requirements.
1.10 MEASURING AND TESTING
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
A. Measuring and testing equipment supplied by the Contractor shall be calibrated with traceability to the National Bureau of Standards and all other applicable standards and codes.
1.11 RELATED SECTIONS
A. SECTION 01010 - Summary of Work
B. S ECTION 01410 - Testing Laboratory Services
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01440
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
SECTION 01505 - MOBILIZATION AND DEMOBILIZATION
PART 1 GENERAL
1.1 MOBILIZATION
A. Mobilization shall include, but not limited to, the following:
1. Furnish, deliver, install, and maintain an on-site construction headquarters for the Contractor’s use provided with offices, communications, sanitary facilities, etc., at the project Site.
2. The furnishing of all temporary services to be provided by the Contractor to support the on-site construction headquarters including heating, lighting, water, electric power, etc., unless otherwise noted.
3. The establishment of Contractor laydown and storage areas as agreed-to with the Authority. Approved areas shall be appropriately fenced, which shall be locked and secured when not attended. When attended, access shall be restricted to authorized personnel only.
4. Submission of all required initial scheduling, manpower forecast and cash flow forecast requirements for review by the Authority.
5. Submission of all required insurance certificates for the Contractor and any subcontractor(s) for review by the Authority.
6. The Contractor shall submit, within fifteen (15) days after the Notice of Award of the Contract, a detailed Project Specific Construction Security and Safety Program for the Authority’s review and approval. The program shall address all job rules, security, and safety provisions affecting personnel, visitors, vehicles, traffic, fence barricades, signs, tools, materials, and equipment at the construction site. The Contractor shall be responsible for enforcing the Security and Safety Program and will assure that all personnel and subcontractor(s)’ personnel comply with all security and safety requirements.
7. The Contactor shall submit all applicable permits.
1.2 DEMOBILIZATION
A. Demobilization shall include, but not limited to, the following:
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
1. Removal of all temporary construction facilities, construction fencing, signs, and traffic control measures.
2. Removal of all construction equipment and materials.
3. Removal of all debris.
4. Completion and submission of all Quality Control Checklists including resolution of all open Deficiency Reports.
5. Turn over to the Authority all Contractor Photo Identification Badges, Keys, and Card Keys.
6. Furnish to the Authority Project Record Documents including all As-Built Drawings.
7. Repair all pavement damaged by Contractor operations.
8. Broom sweep all pavement areas disturbed by the Contractor’s activities.
9. The Contractor shall obtain written approval from the Authority that all work is done in accordance with the Contract Documents, including all specifications and drawings, before final demobilization.
1.3 RELATED SECTIONS
A. SECTION 01010 - Summary of Work
B. SECTION 01100 - Jobsite Requirements
C. SECTION 01310 - Construction Schedules
D. SECTION 01440 - Contractor's Quality Control
E. SECTION 01576 - Facility Pollution, Water, and Erosion Control
PART 2 PRODUCTS NOT USED
PART 3 EXECUTION NOT USED
END OF SECTION 01505
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition SECTION 01524 – ENVIRONMENTAL, HEALTH, SAFETY AND CONSTRUCTION WASTE MANAGEMENT
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 PERFORMANCE REQUIREMENTS
A. Perform all work in compliance with all Federal, State, local and Authority requirements related to environmental, health and safety.
B. Practice efficient waste management in the use of materials in the course of the work. 1. Salvage/Recycle Goals: a. Use all reasonable means to divert construction and demolition waste from landfills and incinerators. Facilitate recycling and salvage of materials. b. The Authority’s goal is to salvage and recycle as much non-hazardous demolition and construction materials as possible.
1.3 SUMMARY OF WORK INCLUDED
A. This Specification section shall apply to all demolition and construction materials and wastes, associated with the Contract Documents or these Specifications. It shall also apply to any materials or equipment generated or discovered during the construction or demolition work.
B. The work covered under these specifications consists of furnishing all plant supervision, labor, materials and equipment (except for services, materials, and/or equipment to be furnished by others as specifically referred to in the Contract Documents), and performing all operations required for the drainage improvements as detailed in the technical specifications and drawings.
C. The Contractor shall notify the Authority designated representative of any spills or other emergency situations. The Contractor is responsible for containing and cleaning spills or leaks including all costs associated with such work.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 1.4 SUBMITTALS AND WORK PLANS
A. Submit the following plans at least 3 weeks prior to date established for commencement of the Work. The Contractor shall not begin the work until these documents are reviewed and approved by the Authority.
1. Materials and Waste Management Plan a. The Contractor shall establish and submit a waste management plan according to ASTM E 1609 and requirements in this Section. Plan shall consist of waste identification, waste reduction work plan, and cost/revenue analysis. Distinguish between demolition and construction waste. Indicate quantities by weight or volume, but use same units of measure throughout waste management plan. Plan must include at a minimum, the following:
1) Anticipated waste streams including recyclable materials and their quantities and volumes; 2) Types and specifications of containers to be used; 3) How wastes will be segregated, staged, and labeled; 4) Storage, inspection and security procedures; 5) Name, address and permits for proposed recycling facilities; 6) Name, address and permits for proposed waste disposal facilities; 7) Name, address and permits for all proposed waste transporters; 8) Name, address, accreditation and certifications for a proposed laboratory for waste analyses; 9) Evidence of current training documentation (i.e. RCRA, DOT) for personnel proposed for waste handling functions; 10) Handling and transportation procedures shall also be discussed;
2. Site/Job Specific Health and Safety Plan (HASP)
a. The Contractor shall establish and submit a comprehensive Site-Specific Health and Safety Plan (HASP). The HASP shall include both general procedures and specific requirements to be followed by the Contractor and their Sub- contractors to ensure the health and safety of employees, the public and the environment. The HASP shall be reviewed and approved by the Contractor’s Certified Industrial Hygienist (CIH) or Certified Safety Professional (CSP) prior to submittal to Authority. The HASP shall include, but shall not be limited to:
1) Emergency Action Plans and Accident Prevention Plan 2) Employee Training and Certifications 3) Personal Protective Equipment (PPE) Requirements 4) Medical Surveillance Program 5) Exposure Monitoring, Action Levels and Engineering Controls 6) Health Risk Identification and Hazard Analysis Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
7) Hazard Communication 8) Equipment Safety and Inspection 9) Identification and Regulation of Work Zones 10) Decontamination Procedures and Worker Hygiene Practices 11) Spill Response Procedures and Notification Protocol 12) Competent Person Inspections and Reporting Requirements 13) Clearance Testing and Inspections 14) Hazardous Materials Handling
3. Respiratory Protection Plan
a. The Contractor shall submit a comprehensive Respiratory Protection Plan. The written respirator protection plan at a minimum, shall address respirator protection that is in full compliance with all aspects of 29 CFR 1910.134, 1) exposure assessment, 2) signs to be posted in work areas, 3) protective clothing, 4) engineering and administrative controls, 5) hygiene facilities and practices, 6) decontamination, 7) housekeeping, 8) medical surveillance, 9) training and other items to satisfy OSHA standards as required
4. Lead Abatement Work Plan
a. All paints/coatings shall be considered lead containing and are subject to OSHA standards. The contractor shall comply with all Federal, State, local and Authority requirements for worker protection when assessing exposure to, and working with, lead containing materials. Requirements of note are specified in OSHA’s Lead in Construction (29 CFR 1926.62), Respiratory Protection (29 CFR 1910.134) and Hazard Communication (29 CFR 1910.1200) standards.
b. The Contractor shall establish and submit a Lead Abatement Work Plan in addition to the Site-Specific Health and Safety Plan (HASP) for review in accordance with all applicable Federal, State and local codes and regulations.
c. The Work Plan shall include, at a minimum, 1) locations and square footage for abatement (sketch preferred), 2) detail how wastes will be handled and containerized, 3) describe the PPE to be worn by the workers, including need rationale with documentation of exposure assessment(s), 4) provide training documentation, 5) list of materials and equipment, describing their use relevant to the subject project.
d. Abrasive work methods and burning of paint is not permitted. Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition e. Chemical stripping and/or HEPA shrouded tool methods may be used for paint removal where the painted components are to be cut and/or welded.
f. If water is used for water blasting/pressure washing or any purpose, a portion of the work plan shall be dedicated to water management. The water shall not be allowed to flow into drains or allowed to flow to the river. Water shall be collected and tested by Contractor to determine proper disposal in consultation with Authority designated representative and properly disposed of by the Contractor.
g. Improper handling and storage of waste may result in immediate shutdown of the project until corrective action is completed.
h. Contractors and subcontractors shall comply with all worker protection requirements including respiratory protection, personal protective equipment, medical monitoring, blood lead testing, proper removal/handling procedures, and worker training.
5. Confined Space Work Plan
a. Contractors shall comply with applicable requirements with respect to Confined Spaces as defined in Title 29, Part 1910, Section 146 of the Code of Federal Regulations (29CFR 1910.146), Safety Requirements for Confined Spaces (ANSI/ASSE Z117.1-2009) and The Authority’s Confined Space Safety Program. Where a conflict arises, the more stringent requirements shall apply.
b. Contractors involved in Confined Space work must: 1) Issue and post their own confined space entry permits by qualified issuers; 2) Provide appropriate calibrated confined space instrumentation to measure oxygen levels, explosive atmospheres, or the presence of toxic gases; 3) Provide documentation of Employee training; 4) Provide appropriate rescue equipment including, but not limited to: i. Tripods and retrieval systems; ii. Full body harnesses and lanyards; iii. Life lines and; iv. Communication devices
c. Potential Hazardous Atmosphere Entry - Prior to and for the duration of any blasting, concrete disturbances, and/or painting activities within the Head Gate Slot space, the Alternate Method Entry Procedures form shall be completed by the Entry Supervisor for potential Hazardous Atmospheres. The form must be posted on the job site, is valid only on the date indicated, and must be turned over to the construction engineer at the end of the day.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
d. During these activities, prior to entry, each potential hazard shall be identified and evaluated by the entry supervisor. The space be entered using Hazardous Atmospheres-only if the actual or potential atmospheric hazards can be controlled with ventilation (and documented). Entry for reclassification and hazardous atmosphere-only will follow the Alternate Method Entry Procedure.
1.5 REFERENCES
A. Safety and environmental regulations to be adhered to throughout all stages of the project include, but are not limited to: 1. Waste Analysis and Hazardous Waste Determination – SW-846 Methods for Analysis of Solid and Hazardous Wastes 2. Waste Analysis Laboratory Accreditation - NYSDOH ELAP Certified laboratory 3. Hazardous Waste Identification, Handling and Storage - 40 CFR 261, 40 CFR 262 and 6 NYCRR 370-376 4. Hazardous Waste and Material Transportation - 40 CFR 263, 49 CFR 171- 179, and 6 NYCRR 364, 372 5. Hazardous Waste Disposal - 40 CFR 264, 268 and 6 NYCRR 376 6. Hazardous Waste Handling Reporting - 40 CFR 262, 268 and 6 NYCRR 372 7. Solid Waste Disposal – 6 NYCRR Part 360 8. Federal Water Pollution Control Act (33 U.S.C.1251, et seq) 9. Environmental Conservation Law (ECL) Art 3, Title 3; Article 15; Article 17, Titles 3,5,7,8; Article 21; Article 70, Title 1, Article 71, Title 19. 10. New York State Penal Code, Article 175 and 210. 11. Public Health Law, Section 502 12. OSHA General Industry Standard – 29 CFR 1910 13. OSHA Construction Standard – 29 CFR 1926 14. OSHA Respiratory Protection - 29 CFR 1910.134 15. OSHA Hazard Communication – 29 CFR 1910.1200 16. OSHA Permit-Required Confined Space – 29 CFR 1910.146
PART 2 - PRODUCTS
2.1 PACKAGING AND TRANSPORTATION
A. Contractor is responsible and assumes all costs for providing containers, and all packaging, labeling and placarding of all waste in accordance with United States Department (USDOT) regulations 49 CFR 171-180, as applicable.
B. Waste drums shall be new drums provided by the contractor (55 gallon, open head, DOT approved drums) or other DOT approved bulk or non-bulk containers.
C. Contractor is responsible and assumes all costs for transportation of materials and wastes to the recycling or non-hazardous waste disposal facilities.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
D. Contractor shall arrange transportation of waste using only a 6 NYCRR Part 364 or equivalent transporter to transport waste off-site for disposal, unless the material is being recycled. Authority wastes may not be transshipped with wastes from other generators (only Authority wastes are allowed on the transport vehicle). Contractor shall complete Authority’s Pre-Transportation Checklist for each shipment of waste off-site, which can be obtained from the Authority’s construction manager.
PART 3 - EXECUTION
3.1 PLAN IMPLEMENTATION
A. General: Implement all approved plans. Provide handling, containers, storage, signage, transportation, and other items as required to implement management plans during the entire duration of the Contract.
B. Training: Utilize only workers and subcontractors that have been trained on proper waste management procedures, as well as safety hazards present.
C. All wastes shall be transported to the appropriate recycling or disposal facility within 60 days after the waste is generated. With Authority representative prior written approval, waste can be stored for an additional 30 days, but in no event shall waste be stored at the work site for more than 90 days from the date of generation. Authority Corporate Policy does not permit the transshipping of waste.
D. Contractor and all sub-contractors shall comply with Hazard Communication Standards, and shall be able to provide an MSDS for each product brought on-site. The Contractor shall keep a copy of the MSDS on site and readably available. Contractor shall keep wastes segregated and shall not co-mingle wastes (for example listed waste such as solvent, alcohol shall not be mixed with non-hazardous debris).
E. Waste transporters shall have all applicable permits and motor vehicle licenses and registrations required to legally transport waste over the road.
F. Improper handling and storage of waste may result in immediate shutdown of the project until corrective action is completed.
G. If repackaging or re-sizing of material is required for acceptance at TSDF, Contractor is responsible for all costs to transfer and/or manipulate materials into a transportable form.
3.2 WASTE CHARACTERIZATION
A. All materials removed shall be segregated and characterized for recycling and disposal in accordance with all applicable regulations. Contractor is responsible for performing testing required for acceptance at recycling or disposal facilities.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
B. Contractor must identify laboratory to be used for waste testing. It must be a New York State Department of Health (NYSDOH) Environmental Laboratory Accreditation Program (ELAP) certified lab for United States Environmental Protection Agency (USEPA) SW-846 Methods for Analysis of Solid and Hazardous Wastes.
C. Contractor shall cooperate and provide logistical support to assist the Authority’s representative in the quantification, identification, sampling and testing of wastes from containers. Wastes shall not be allowed to accumulate more than 5 days from filling without testing or performing this determination
D. The Authority reserves the right to audit, inspect, and perform its own testing to validate that the materials and wastes are suitable for recycling, ultimate end-use, or disposition. The right of inspection, and the exercise thereof, shall not relieve the Contractor of its obligation to indemnify the Authority. The Contractor shall cooperate fully with the Authority in all audits and inspections.
E. Contractor shall prepare draft waste profiles and other documents as may be required for acceptance of the waste streams by the disposal facility. Contractor shall submit draft profiles and supporting data (i.e. analytical data, MSDSs) for each waste stream for the Authority’s review and approval. Following Authority’s review and acceptance, contractor shall submit profiles to disposal vendors for approval.
F. Contractor shall coordinate submittals and approvals of waste disposal facilities with the Authority’s site environmental representative. In no event can accumulation times be exceeded for materials pending shipment.
3.3 HAZARDOUS WASTE
A. All hazardous wastes generated shall be collected and placed into appropriate containers. All drums/containers shall be labeled and logged as they are filled. All containers shall be sealed, when filled or work is complete, and moved to an Authority approved storage location until transported off-site for disposal at an Authority approved TSDF (Treatment Storage and Disposal Facility). Contractor shall maintain containers in good condition. In the event a container becomes dented, punctured, or damaged in handling or transfer, the contents shall either be transferred to a new container, or the damaged container shall be salvage packed.
B. The Contractor shall be responsible for the collection, segregated by waste type, testing, and storage of all hazardous waste material generated by the Contractor’s work.
1. Labels shall bear the following marking:
HAZARDOUS WASTE. Federal law prohibits improper disposal. If found, contact the nearest police, or public safety authority, or the US Environmental Protection Agency. Generator’s name: New York Power Authority
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
Generator’s EPA ID:______Manifest document No.:______Date:______Niagara Power Project, 5777 Lewiston Road, Lewiston, NY
C. While wastes are in storage pending disposal by the Authority, the Contractor shall comply with Authority waste handling procedures. Wastes shall be stored in a secure preferably indoor, paved facility, or shall to be transferred by Contractor to a designated area at a frequency directed by Authority representative. In the event that an indoor paved storage area is not available, the Contractor shall place waste in the containers on a pallet and cover the containers to prevent weather damage. All wastes shall be segregated and properly labeled. Contractor shall perform weekly inspection of the temporary waste storage area and containers while in storage.
D. Contractor shall correct improperly prepared, packaged, labeled or stored containers at the Authority’s request.
E. Contractor shall assign a unique identifier (ID number) to each container, complete log for each container and affix log to each container. Contractor shall enter the volume and type of waste added to the container and date drum was filled.
F. Contractor shall maintain a tracking log of containers and provide an updated copy to the Authority on a daily basis.
G. The Authority shall bear the responsibility and costs for transportation and disposal of hazardous waste materials.
3.4 NON-HAZARDOUS WASTE
A. All waste materials shall be collected and stored in a dumpster, or bulk or non-bulk containers. The dumpster/container will be emptied as necessary by the contractor and shall conform to limits as specified in 6 NYCRR 360, at a permitted facility.
B. For non-hazardous waste disposal, the Contractor shall submit a proposed disposal site along with all applicable permits and documentation for review and approval by the Authority. Contractor shall submit for Authority approval the name, address, contact person and copies of permits for any solid waste, construction and demolition, metal recycling, or landfill proposed to be used for non-hazardous wastes generated by contractor.
C. Contractor shall prepare all shipping papers (Non Hazardous Waste Manifests or Bills of Lading, as appropriate, and as required by law) for review and approval by Authority representative. 1. Contractor is responsible to provide Authority representative with copies of laboratory analyses, MSDSs, waste profiles, and all supporting documentation used to prepare for shipments.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
2. Contractor shall provide waste analysis, draft profiles, and shipping papers to the Site Environmental Representative in advance of submittal and shipment dates. 3. Shipments shall be coordinated in advance so that the Authority’s Site Representative or designee is present for shipment. No wastes shall leave Site without approval of Site Environmental Representative.
D. Contractor shall execute shipping papers and bear transportation and disposal costs for non- hazardous wastes.
E. Contractor shall provide the Authority with all weight tickets, return copies of all manifests, receipts, and certificates of disposal or recycling for all shipments.
F. Burning, burial, or storage of removed materials is not permitted on site.
3.5 RECYCLING CONSTRUCTION AND DEMOLITION MATERIALS
A. Preparation of Recyclables: Prepare and maintain recyclable materials according to recycling or reuse facility requirements
B. The Contractor shall obtain the approval of the Authority’s Site Representative for off-site shipments of equipment and waste before allowing materials to be shipped off-site.
C. Dumpsters and bins used to store and ship trash and solid waste shall be subject to inspection by Authority before shipment. Trash and construction waste shall be removed regularly from the site.
3.6 DUST AND FUME CONTROL
A. The control of potentially harmful dusts, fumes, mists, gases, smoke, sprays, or vapor, shall be accomplished by accepted engineering control measures. Examples of accepted controls include enclosure or confinement of the operation, ventilation, or substitution of less toxic materials.
B. The contractor shall provide all necessary controls to ensure worker exposures to dust from disturbances to materials with crystalline silica, remain below the Permissible Exposure Limit (PEL) established by OSHA. This is necessary during any cutting, grinding and/or chipping of concrete, mortar, rock, or brick. Mandatory dust control measures include utilizing continuous wet methods, where possible, and/or other engineering controls such as Local Exhaust Ventilation (LEV) and High-Efficiently Particulate Air (HEPA) ventilated enclosures to minimize dust exposures.
C. The Authority’s preferred means of reducing worker exposure to respirable silica is to continuously apply water to the point of dust generation to suppress respirable silica dust. Under conditions where it is not practical or safe to use water to suppress dust, alternative engineering controls such as LEV and/or HEPA Filtration shall be to control dust exposures. Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
D. Where working conditions permit, a water hose shall be directly affixed to the tool(s). When the use of a hose directly affixed to the tool is not feasible, an assistant shall continuously apply water with a hand held sprayer at each point of dust generation.
E. Tools not originally designed for dust control may be retrofitted with hoods and tubing so that an industrial-grade HEPA vacuum, or HEPA-filtered local exhaust can be used to reduce respirable silica dust. For portable tools where ducting is not feasible, or simply as an alternative to a capture hood, an assistant with can vacuum hose can be implemented.
F. Use of water as a dust suppression or local exhaust ventilation will typically reduce Silica exposures substantially; these controls, however, may not eliminate the hazards of silica exposure completely. As such, the minimum respiratory protection for personnel cutting, grinding, and/or chipping of concrete, rock, mortar or brick is a P100 NIOSH-approved respirator. Additionally, personnel working near the respiratory hazard, such as the water sprayer, shall wear respiratory protection while the hazard exists.
G. The Authority requires that respiratory protection be implemented by the contractor in accordance with 29 CFR 1910.134, 29 CFR 1926.103 and The Authority’s Respiratory Protection Standard (SFH 4-2). Written proof of Contractors’ respiratory protection program, including employee medical surveillance, training, fit tests, etc. must be included in the respiratory protection plans and made available to the Authority’s representative upon request.
H. Additional personnel and area monitoring may be required upon request by the Authority’s representative, at the expense of the Contractor, to insure the exposure to crystalline silica does not exceed the assigned protection factor of the respirator and that engineering controls and personnel protective equipment are adequate.
I. Warning Signs: Signs should be posted and maintained by the contractor to warn all personnel about the hazard and specify any protective equipment required (for example, respirators). The sample sign provided below contains the information needed for a silica work area. Similar signs shall be posted for other hazards.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
END OF SECTION
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
SECTION 01576 - FACILITY POLLUTION, WATER, AND EROSION CONTROL
PART 1 GENERAL
1.1 DESCRIPTION
A. This work shall consist of control measures required by the specifications or as ordered by the Authority's Site Construction Representative during the life of the Contract to control erosion, water pollution, and water runoff through the use of berms, filter netting, gravel, mulches, silt fences, hay bales, sedimentation basins, and other control devices or methods. All drain trenches, and catch basins shall be protected and maintained free flowing and free of debris. All roadways shall be maintained free of debris.
B. In the event of conflict between these specification requirements and pollution control laws, rules or regulations of other Federal, State or local agencies, the more restrictive laws, rules or regulations shall apply.
1.2 PROTECTION OF WATER RESOURCES
A. All water resources (i.e. ground and surface waters), including all drains, shall be protected from leaching and /or run-off of chemical pollutants, solid wastes and construction site debris.
B. Prior to construction, the Contractor shall submit for review and approval by the Authority, schedules and methods for accomplishment of site-specific pollution and erosion control plan for the duration of the project.
1. The water and pollution control plan shall be submitted to the Authority at least ten (10) days prior to commencement of the work. 2. No work shall begin until the erosion and pollution control schedules and plans have been approved by the Authority. 3. If conditions change during construction, the Contractor shall revise the plan and resubmit to the Authority for review and approval.
C. A chemical and oil spill prevention and cleanup plan shall be provided and implemented during the course of the work. The Contractor shall maintain on site, sufficient quantities of absorbent materials for use in case of chemical or oil spills. In the event of any actual or suspected spill of any chemical, petroleum product, or waste water, the Contractor shall immediately notify the Authority's Construction Representative and immediately take all measures necessary to control the spread of the spilled material, and to clean it up.
D. Storage and/or use of chemicals, fuels, oils, greases, bituminous materials, solids, waste washings, and cement shall be handled appropriately as to prevent leaching Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
or surface run-off into public waters or drains. All Authority approved storage areas for these materials must be diked.
E. Disposal of any waste materials on the construction site is prohibited.
F. Water resulting from or contaminated by construction operations shall not be directly discharged into any bodies of water or drainage systems.
G. There shall be no discharge of suspended and/or settle-able solids in amounts that cause visible contrast to natural conditions.
1.3 DEWATERING
A. Construction activities shall be performed in such a manner that the site shall be effectively drained. Drainage shall be by gravity wherever possible. Additional means shall be utilized when necessary and shall include pumping and bailing.
B. Water resulting from or contaminated by construction operations shall not be directly discharged to any water bodies or drain systems. Water discharged from pumps and associated equipment shall be handled to prevent ponding, sediment runoff, and creating hazardous conditions on paved surfaces.
1.4 FLOOR DRAIN AND CATCH BASIN PROTECTION
A. Drains shall be kept open during the duration of the work and rendered fully operational by the Contractor at the completion of the project.
B. Discharge of any liquids or solids into the Authority's sanitary or storm piping system is prohibited unless specifically authorized in writing by the Authority.
C. All exterior drains and catch basins within or adjacent to work areas or ground disturbed by the Contractor’s activities shall be protected from sediment runoff.
1.5 EROSION AND SEDIMENT CONTROL
A. The Contractor shall provide all labor, equipment, and materials necessary to construct temporary and/or permanent control measures to control erosion and limit sediment discharges to storm drains, streams, rivers, lakes, or canals from construction operation. Such measures shall include the construction of temporary berms, diversion ditches, dike checks, sediment structures (traps, basin(s), embankments), silt fence, and the use of mulches, mats, seeding or other control measures as necessary.
B. The Contractor shall comply with all applicable Federal, State and Local regulations and laws. In the event of a discharge to streams, rivers, lakes, or canals that causes a visible plume in the receiving water body, the Contractor
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shall immediately notify the Construction Representative and the Site Environmental Supervisor.
C. Erosion control features shall be installed by the Contractor as required to comply with the New York State Department of Transportation Standard Specifications.
D. The Contractor shall make every effort to minimize erosion from clearing and grubbing, excavation and backfilling operations, including, but not limited to, the following:
1. Construction of temporary berms, dikes, and diversion ditches to divert runoff of rainwater in an approved manner, at the conclusion of each day's activities. Runoff, as defined in this specification, is that portion of the precipitation on a drainage area resulting from the 10-year, 24-hour rainfall event, which is discharged from that area via surface drainage.
2. Use of extreme caution to limit disturbances of natural areas to the absolute minimum required.
3. Sequencing of clearing and grubbing, excavation and backfilling operations to maintain natural traps for eroded material and any other measures effective in minimizing erosion and limiting sediment discharge.
4. Excavation from any source shall not be deposited in or near rivers, streams, or impoundments nor otherwise located to be susceptible to erosion due to high water, flooding, or rainwater runoff.
5. Shaping of the top of earthwork in a manner to permit and facilitate the runoff of rainwater. Drainage ditches and/or intercept dikes shall be provided along the top of all excavated slopes and along the inside edge of all berms. The protective measures at the top of slopes shall be constructed before excavation.
6. Providing of temporary slope drains to accommodate the runoff of rainwater. These drains shall be located as needed at no greater than 500-foot intervals.
E. The Contractor shall submit for approval with its proposal an Erosion and Sediment Control Plan, which shall include the following:
1. Detailed information on the generic erosion and sediment control measures, procedures and equipment to be used during trench excavation and backfilling, including dewatering and sediment settling methodologies.
2. Drawings describing the proposed methods and detailing the location and type of erosion control measures.
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 3. An inventory list of supplies needed to respond to unanticipated sediment discharges including, but not limited to, hay bales, diking materials, and stakes. The inventory list shall also include items that will be maintained on hand in order to respond to accidental discharges of other deleterious substances, including, but not limited to, oil absorbent booms, spill pads, absorbent materials, and brooms.
F. All erosion and sediment control measures must be constructed prior to beginning any land disturbances. These measures and devices cannot be removed until the disturbed areas are stabilized. All devices must be properly maintained and kept in optimum operating condition for the duration of construction.
G. Runoff from any land disturbing activity shall not be directly discharged or have the potential to be discharged off site, onto roadways, or into storm drains or into a watercourse. Accumulated sediment in a properly designed silt fence or trap shall be removed when 60% of the storage capacity of the structure/fence is filled with sediment.
H. All sites shall be stabilized and seeded with erosion control measures, such as straw mulch, jute mesh, or excelsior within five (5) days of final grading. If construction is suspended, or sections completed, areas shall be seeded immediately and stabilized with appropriate erosion control measures. Maintenance shall be performed as necessary to ensure continued stabilization.
I. Temporary sediment trapping devices, such as silt fences, shall be removed within thirty (30) calendar days following establishment of permanent stabilization.
J. All points of construction ingress and egress shall be protected to prevent the deposition of materials onto roadways and paved areas either by installing and maintaining a stabilized construction entrance, or by washing all vehicle wheels in a safe disposal area. All materials deposited onto roadways and paved areas shall be removed immediately.
K. Areas that are completed either before or after the seeding season specified, and all areas that will be left exposed for more than five (5) days, including all excavated and stockpiled materials, shall be temporarily mulched with hay (straw) and anchored with Terratac or other approved binder. The application rate for temporary mulching shall be two (2) tons of mulch per acre and application of mulch anchorage/binder at rates recommended by the manufacturer, unless otherwise noted.
L. Seeding shall be in accordance with NYSDOT Standard Specifications Sections, unless noted otherwise.
1.6 DUST AND FUME CONTROL
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition A. The control of potentially harmful dusts, fumes, mists, gases, smoke, sprays, or vapor, shall be accomplished by accepted engineering control measures, for example, enclosure or confinement of the operation, ventilation, and substitution of less toxic materials.
PART 2 PRODUCTS
2.1 MATERIALS
A. All materials shall comply with the applicable sections of the NYSDOT Standard Specifications, unless otherwise noted.
PART 3 EXECUTION
3.1 EXECUTION A. All materials shall be installed in accordance with the applicable sections of the NYSDOT Standard Specifications, unless otherwise noted.
END OF SECTION 01576
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SECTION 01577 - FACILITY PROTECTION AND SITE RESTORATION
PART 1 GENERAL
1.1 DESCRIPTION OF WORK
A. For the duration of the work, the Contractor is responsible for adequately protecting all Authority equipment and facilities from damage/contamination. This shall include, but not limited to, the prevention of dust, fumes, and debris caused or created by construction activities from entering Authority occupied or public access spaces.
1.2 FACILITY PROTECTION
A. The Authority shall be continuously utilizing areas of the facility and property adjacent to the work areas. The Contractor shall conduct work in a manner that will minimize disruption of the Authority's normal operations. The Contractor shall provide a minimum of seventy-two (72) hours advance notice to the Authority of activities, which will impact the Authority's normal operations.
B. The Contractor shall provide temporary barricades and other forms of protection as required to protect the Authority's personnel, equipment, and facilities from injury or damage due to the Contractor's work.
1. The Contractor shall provide protective measures, as required, for free and safe passage of Authority's personnel to and from occupied portions of the work zones.
2. Where required, interior and exterior shoring, bracing, or supports shall be installed to prevent movement, settlement, or collapse of structures or elements which are to be modified or otherwise affected by the Contractor's activities.
3. The Contractor shall protect existing finish work that is to remain in place and becomes exposed during work operations.
C. Traffic Control Measures
1. The Contractor shall conduct operations in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities.
2. The Authority’s streets, roadways, walks, or other occupied or used facilities shall not be closed, blocked, or otherwise obstructed without written permission from the Authority. Alternate routes around closed or obstructed traffic ways must be provided.
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3. All lane and/or road closing shall conform to the requirements of the NYS Manual of Uniform Traffic Control Devices (NYS MUTCD).
D. Explosives: Use of explosives is not permitted.
E. Utility Services
1. The Contractor shall maintain existing utilities not indicated to be removed, keep in service, and protect against damage during Contractor's operations.
2. The Contractor shall not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by the Authority. Provide temporary services during interruptions to existing utilities, as acceptable to the Authority.
F. Environmental Controls
1. Water sprinkling, temporary enclosures, and other suitable methods shall be used to limit dust and dirt rising and scattering in air. The Contractor shall comply with governing regulations pertaining to environmental protection.
2. Water shall not be used when it may create hazardous or objectionable conditions such as ice, flooding, or pollution and in areas of live electrical cables.
G. Cutting, Burning, and Welding
1. All cutting, burning, and welding operations require issuance of written permits from both the Contractor and the Authority.
2. The Contractor shall provide a fire watch during all cutting, burning, and welding operations. Fire extinguisher shall be located within 20 feet of any operation.
H. The Authority assumes no responsibility for actual condition of items, structures, or existing roadways.
I. The Contractor shall promptly repair damages caused to facilities and surfaces at no cost to the Authority.
1.3 SUBMITTALS
A. Schedule: Submit a schedule indicating proposed methods and sequence of operations for demolition work to the Authority for review prior to commencement of work. Include coordination for shutoff, capping, and
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continuation of utility services as required, together with details for dust, exhaust fumes, and noise control protection.
1. Provide detailed sequence of work to ensure continued access through the work zones as required for Authority's on-site operations. 2. Coordinate with Authority's continuing occupation of the site. 3. Coordinate with Authority for storage of materials that are scheduled to be salvaged and/or reused. 4. Methods of how various items will be protected. 5. Provide temporary support to utilities, equipment, structures as required.
B. Drawings: Submit drawings and/or design calculations on how the existing facilities and utilities will be protected and/or temporarily supported.
1.4 INSPECTION
A. Prior to commencement of work, inspect areas in which work will be performed. Photograph existing conditions of structures, surfaces, equipment, and surrounding utilities which could be misconstrued as damage resulting from the work; file with the Authority prior to starting work.
B. Verify that all underground utilities have been identified prior to all work.
1.5 PREPARATION
A. Provide interior and exterior shoring, bracing, or temporary support to prevent movement, settlement, or collapse of structures and utilities as required.
1. Cease operations and notify the Authority immediately if safety of structure appears to be endangered. Take precautions to support structure until determination is made for continuing operations.
B. Cover and protect equipment and fixtures to remain from damage when demolition work is performed in areas from which such items have not been removed.
1.6 SEQUENCE OF OPERATIONS
A. Perform work in a systematic manner. Use such methods as required to complete work in accordance with the approved schedule and governing regulations.
1. Promptly remove debris. 2. Provide services for effective air and water pollution controls as required by applicable regulatory agencies.
1.7 DISPOSAL OF MATERIALS AND DEBRIS
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A. Debris shall be removed from the site of work promptly. Items indicated to be removed and disposed of, but of salvageable value to Contractor may be removed as work progresses. Transport salvaged items from the site as they are removed. Storage of or sale of removed items designated to be disposed of on-site is not permitted.
B. Remove debris, rubbish, and other materials resulting from operations from jobsite. Transport and legally dispose of materials off-site. Indicate to the Authority in writing the disposal site to be used and provide copies of all applicable permits.
1. If hazardous materials are encountered during operations, comply with applicable Federal, State, and local regulations, laws, and ordinances concerning removal, handling, and protection against exposure or environmental pollution.
a. All insulation when encountered shall be presumed asbestos containing material (PACM) and must be verified as such before proceeding with work. b. The Authority shall be immediately notified should the Contractor encounter such material. Work shall not proceed without the prior approval of the Authority. c. All permits required for the removal of asbestos containing materials shall be reviewed by the Authority prior to submission to the appropriate regulatory agencies.
2. Burning, burial, or storage of removed materials is not permitted on the project site.
3. Trash and debris shall be removed from the worksite(s) on a daily basis.
C. The Contractor is not permitted to store or dispose of excess materials, excavated materials, garbage, etc. at the Authority Facility, except as noted. The Contractor shall obtain the necessary permits, and at its own cost, to dispose of unwanted material or garbage at a proper licensed dump facility. All debris from operations shall be removed on a daily basis and shall not be permitted to accumulate or hinder access throughout the work areas.
1.8 CLEAN-UP AND REPAIR
A. Upon completion of work, remove tools, equipment, materials, and debris from site. All roadway and storage areas shall be cleaned and swept.
B. The Contractor shall repair areas damaged during construction and shall return all areas affected by construction to their pre-existing conditions, at no cost to the
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Authority.
1.9 STORAGE OF FLAMMABLE MATERIALS
A. All flammable materials shall be stored in their original, labeled containers and placed within an approved storage cabinet when not in use.
B. All combustible waste materials shall be placed in covered metal containers and promptly disposed of in an approved manner at an approved waste disposal facility.
C. Appropriate type fire extinguishers shall be provided and placed near all storage locations.
1.10 RELATED SECTIONS
A. SECTION 01010 - Summary of Work
B. SECTION 01100 - Jobsite Requirements
C. SECTION 01576 - Facility Pollution, Water, and Erosion Control
1.11 REFERENCES
A. New York State Department of Transportation Manual of Uniform Traffic Control Devices (NYS MUTCD).
B. New York State Department of Transportation Standard Specifications Construction and Materials.
PART 2 PRODUCTS
2.1 MATERIALS
A. All materials shall comply with the applicable sections of the NYSDOT standard Specifications, unless otherwise noted.
B. Grass seed mixture for lawn areas shall consist of the following varieties by weight: 33% Creeping Red Fescue, 33% Kentucky Bluegrass Improved, and 33% Perennial Rye Grass Improved, unless otherwise noted.
C. Asphalt Materials (unless otherwise noted):
Top Course: 1½” NYSDOT Type 6 Binder Course: 2½” NYSDOT Type 3 Base Course: 12” NYSDOT Type 1 Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
PART 3 EXECUTION
3.1 SITE RESTORATION
A. Unless otherwise noted on the drawings or in the specifications, all materials shall be installed in accordance with the applicable sections of the NYSDOT Standard Specifications.
B. Turf areas disturbed or damaged by the Contractor's operations shall be reestablished in accordance with NYSDOT Standard Specifications except as modified by the Contract Documents.
3.2 RESTORATION OF PAVED AND UNPAVED AREAS
A. After work is completed, the grade shall be restored to its original elevation and condition, unless otherwise noted.
B. Asphaltic patch and concrete for sidewalk areas shall be used in areas that were originally paved. Original paving material shall be matched in grade and finish.
END OF SECTION 01577
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
SECTION 01701 - CONTRACT CLOSEOUT
PART 1 GENERAL
1.1 SUMMARY
A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to, the following:
1. Inspection procedures. 2. Project record document submittal. 3. Submittal of warranties. 4. Submittal of “New Equipment Data Sheet”. 5. Final cleaning.
B. Closeout requirements for specific construction activities are included in the appropriate Sections in the Technical Specifications and the Supplementary and General Conditions.
1.2 SUBSTANTIAL COMPLETION
A. Prior to requesting an inspection for certification of Substantial Completion, the following shall be completed:
1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent (100%) completion for the portion of the work claimed as substantially complete.
a. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. b. If 100 percent (100%) completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the work is not complete.
2. Advise the Authority of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. 4. Obtain and submit releases enabling the Authority unrestricted use of the work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Make final changeover of permanent locks and transmit keys to the Authority.
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Advise the Authority's personnel of changeover in security provisions. 7. Discontinue and remove temporary facilities from the site, along with mockups, construction tools, and similar elements. 8. Submit all “New Equipment Data Sheets” for all equipment installed under this contract. 9. Complete final cleanup requirements. 10. Sweep and clean all sidewalks and roadways. 11. Complete all site restoration.
B. In receipt of a request for inspection, the Authority will either proceed with inspection or advise the Contractor of unfulfilled requirements. The Authority will prepare the "Certificate of Substantial Completion" form following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued.
1. The Authority will repeat inspection when requested and assured that the work is substantially complete. 2. Results of the completed inspection will form the basis of requirements for final acceptance.
1.3 FINAL ACCEPTANCE
A. Prior to requesting an inspection for certification of final acceptance and final payment, the following shall be submitted:
1. The final payment request in accordance with the Contract Documents with releases and supporting documentation not previously submitted and accepted. Include insurance certificates for products and completed operations where required. 2. An updated final statement, accounting for final additional changes to the Contract Sum. 3. A copy of the final inspection list of items to be completed or corrected. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Authority. 4. The consent of surety to final payment. 5. A final liquidated damages settlement statement, if applicable. 6. Evidence of final, continuing insurance coverage complying with insurance requirements. 7. All final documentation, including As-Built Drawings.
B. The Authority will re-inspect the work upon receipt of notice that all outstanding items have been completed, except for items whose completion is delayed under circumstances acceptable to the Authority.
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1. Upon completion of re-inspection, the Authority will prepare a certificate of final acceptance. If the work is incomplete, the Authority will advise the Contractor of work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, re-inspection will be repeated.
PART 2 PRODUCTS
2.1 NEW EQUIPMENT DATA SHEET
A. The Contractor shall complete a New Equipment Data Sheet, to be provided by the Authority, for each piece of equipment installed under this contract.
PART 3 EXECUTION
3.1 FINAL CLEANING
A. The facility and project areas shall be returned to the Authority in proper condition.
B. All areas shall be properly cleaned and all debris properly removed and disposed.
C. All temporary protection and facilities installed for protection of the work during construction shall be removed.
END OF SECTION 01701
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
ATTACHMENT 1 – FIELD CHANGE NOTICE
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ATTACHMENT 2 – FIELD CHANGE REQUEST
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ATTACHMENT 3 – DESIGN CHANGE NOTICE
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Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition
ATTACHMENT 4 – SUBMITTAL COVER SHEET
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SUBMITTAL COVER SHEET
CONTRACTOR: SUBMITTAL NO.:
ADDRESS: DATE OF SUBMITTAL:
CONTRACT NO.:
MANUFACTURER:
NAME OF PROJECT:
SUBMITTAL DESCRIPTION:
REFERENCES:
Specification Section(s) Paragraph(s)
Contract Drawing(s)
CONTRACTOR SIGNATURE
NEW YORK POWER AUTHORITY REVIEW
Checking is only for general conformance with the design NEW YORK POWER AUTHORITY concept of the project & general compliance with the DOCUMENT REVIEW STATUS information given in the contract documents. Notations STATUS NO: are subject to the requirements of the plans and 1 ACCEPTED specifications. Contractor is responsible for dimensions 2 ACCEPTED AS NOTED which shall be confirmed and correlated at the job site; RESUBMITTAL NOT REQUIRED Fabrication processes and techniques of construction; 3 ACCEPTED AS NOTED Coordination of all work with that of all other trades and RESUBMITTAL REQUIRED 4 NOT ACCEPTED the satisfactory performance of all contract work. Permission to proceed does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials developed or selected by the supplier and does not relieve supplier from full compliance with constructural negotiations. REVIEWED BY: TITLE:
DATE:
REMARKS:
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition ATTACHMENT 5 – CONTRACTOR’S SUBMITTAL LOG
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SUBMITTAL LOG
LEGEND 1 - Accepted Last Updated: ______2 - Accepted as Noted Resubmittal Not Required 3 - Accepted as Noted Resubmittal Required 4 - Not Accepted
Sub No. Description Received Approved Status Comments
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ATTACHMENT 6 - REQUEST FOR INFORMATION (RFI) SHEET
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REQUEST FOR INFORMATION (RFI)
CONTRACTOR: ADDRESS:
PROJECT: CONTRACT #: RFI #:
DATE:
DESCRIPTION:
REFERENCES:
Specification Section(s): Paragraph(s):
Contract Drawing(s):
Submitted By:
NYPA RESPONSE:
NYPA ENGINEER:
Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 81 ATTACHMENT 7 - CONSTRUCTION INSPECTION/MONITORING PROGRAM
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CONSTRUCTION INSPECTION/MONITORING PROGRAM (CI/MP)
1.0 INTRODUCTION
1.1 The purpose of this document is to provide guidelines for converting the project design into a completed high quality facility through the establishment and implementation of a construction inspection/monitoring program for the Contractor and associated subcontractor(s). All guidelines set forth in this document shall pertain to the Contractor and all associated subcontractor(s) on this project.
1.2 Implementation of the Construction Inspection/Monitoring Program must recognize the need not only for quality construction consistent with the intent of the project design and contract.
1.3 This program is based on a combination of direct inspection of material, equipment and processes as well as a systematic monitoring of construction activities. This inspection and monitoring process as well as responsibilities are described in the following sections.
1.4 The Contractor and their subcontractor(s) shall employ a full time independent Quality Control Inspector which is knowledgeable in the specific discipline to inspect and monitor the work. The inspector(s) shall be independent from organizational personnel with responsibilities of scheduling, manufacturing, project management, field construction activities, fabrication, and engineering. Resumes of all inspector(s) shall be provided to the Authority for review and acceptance.
2.0 CONTRACTOR RESPONSIBILITIES
2.1 The Contractor has the responsibility to assure that all aspects of work comprising any activity during construction are performed in accordance with the Project’s design requirements, specifications, drawings and applicable codes and standards.
2.2 The Contractor has the responsibility for performing and documenting inspection of all project work verifying conformance to the requirements specified in the Contract Documents.
2.3 The Contractor shall develop, implement, and completed inspection checklists, with the Authority’s approval, and forms to verify that an inspection of work has been completed and that the materials used and the workmanship performed by the Contractor comply with the project’s Contract Documents. Prior to the start of work, the Contractor, Authority’s Construction Site Representative (CSR), and a representative from the Authority’s Quality Assurance (QA) Department, shall meet to review and approve the checklists to be used for the project and the applicable hold and witness points.
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Witness Points
Those inspection and test points for which five (5) working days notice must be given by the Contractor to the Authority’s CSR but do not require the Contractor to hold up the performance of inspection or test if the Authority’s CSR is not available to witness performance.
Hold Points
Those inspection and test points for which five (5) working days notice must be given by the Contractor to the Authority’s CSR, and require witness of the inspection or test by the CSR unless a documented waiver is given to the Contractor.
Unless a waiver has been granted, if an inspection or test point designated as a hold point does not have the requisite witnessing by the CSR, the Contractor faces rejection of the work by the Authority and must repeat the inspection or test for the CSR before the work can be considered acceptable.
3.0 INTERFACE WITH THE AUTHORITY’S CONSTRUCTION SITE REPRESENTIVE
The Contractor shall cooperate fully and provide the necessary support for the Authority’s Construction Site Representative (CSR) and QA Representative during inspection of construction activities. They will monitor the Contractor’s compliance with the Contract Documents by, but not limited to, the following methods:
• Review of completed checklists • Inspection of ongoing work activities • Verification of selected contractor inspections by witness, document review and/or test • Citing items requiring corrective action by the contractor
The Contractor shall provide the Authority’s Site Representative full access to all work areas and equipment that are associated with performance of the Contract work.
4.0 AREAS OF INSPECTION
As a minimum, the following areas shall be inspected:
A. Field Inspection
1. During construction, the Contractor shall perform inspections and tests detailed in the Contract Documents, in the checklists, and others that may be necessary to assure the Contractor has fulfilled the requirements of the Contract Documents.
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2. Inspections may be delegated to subcontractors. However, the prime Contractor shall retain responsibility for compliance with contractual requirements and shall perform inspections and reviews of subcontractor(s) to provide assurance of compliance with contractual requirements.
B. Vendor Inspection
The Contractor shall perform inspections at vendor(s)’ facilities on items which may affect fit, function, and schedule if the item is defective. The Contractor shall, as a minimum, delegate to its vendor(s) the conditions of the contract which are applicable. In addition, provision for access of the authorized Authority personnel shall be included.
5.0 MATERIAL VERIFICATION AND CONTROL
5.1 The Contractor is responsible for receipt inspection, storage, maintenance, and safekeeping of all material, components and equipment, whether Contractor or Authority-furnished from the time received until finally installed and accepted by the Authority.
5.2 The Authority’s Construction Site Representative will monitor the Contractor’s compliance to the material control program to verify that material, components, and equipment conform to the requirements of the contract documents.
5.3 The Contractor shall prepare in proper form all documents required for claims based on shipping damage or shortage. Where such claims involve material furnished by the Authority, they shall be processed in accordance with the procedures established by the Authority for the project. Claims involving material purchased by the Contractor shall be processed by the Contractor, and the Authority shall be informed of the status of such claims and the provisions made for timely replacement of damaged or missing items.
5.4 Certain material may be subject to an additional receiving inspection by the Authority. Such inspections will be made concurrently with the Contractor’s inspections for immediately thereafter, before the items are moved to storage or to their installation location. Inspections will include checking for condition, shipping damage, or shortage, as well as for conformance with specifications and purchase orders. The Contractor shall provide at no expense to the Authority all labor and equipment necessary for the Authority’s Receiving Inspection.
5.5 MATERIAL RECEIVING
a) The Authority shall notify the Contractor of the arrival of material, components, and equipment furnished by the Authority requiring receipt inspection.
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b) The Authority’s CSR shall monitor Contractor’s use of accepted industry practices to handle all components and equipment so as not to jeopardize the physical condition of each component. This shall include material purchased by the Contractor or the Authority.
c) Equipment requiring special handling instructions shall be observed by the Authority.
d) The receipt inspection shall be documented by the Contractor on the Material Receiving Report. This report reflects the status of the materials, components, or equipment received at the site whether Authority or Contractor furnished.
e) Any material damage or discrepancies found on Authority furnished material shall be noted on the Material Deficiency Report and shall be forwarded to the Authority’s Construction Site Representative for disposition.
f) The Material Receiving Instruction shall be initiated by the Authority’s CSR whenever specific instructions are necessary to define mandatory receiving inspections, storage or maintenance requirements on Authority furnished material or equipment.
5.6 RECEIPT INSPECTION
The material receipt inspection to be performed by the contractor shall consist of the following items as minimum:
• Review of the packing list for correctness and traceability of the items received.
• Visual examination to verify the items have no physical damage caused by, but not limited to, the following:
a. Rough handling and shipping.
b. Failure of packaging, dunnage, protective covers, and seals.
c. Loss of inert gas blanketing or missing desiccant.
• Spot checks and random measurements of critical dimensions to verify that overall dimensions, mounting holes, weld ends preps, flanged connections, configuration, and orientation conform to the requirements of the design documents.
• General visual examination to determine that general workmanship, materials, welding, machining, and painting conform to the requirements of the design documents.
• Marking and identification conform to specified requirements as follows:
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a. Material marking: heat numbers, piece marking, etc.
b. Nameplates: code stamping, manufacture’s name, serial number, model number, etc.
c. Tags: purchase order, item numbers, etc.
• Documentation is acceptable for:
a. Traceability to item.
b. Legibility.
c. Completeness to the requirements of the specifications.
d. Certified Material Test Reports of Certificates of Conformity as required by this specification
6.0 STORAGE OF EQUIPMENT/MATERIAL BY THE CONTRACTOR
6.1 Storage of equipment/material by the Contractor shall be performed in a manner not to degrade the cleanliness or packaging, and to minimize corrosion or deterioration of materials. Certain metals shall not be stored in contact with each other and special instructions from the manufacturer of the item or within the procurement specifications shall apply.
6.2 The Contractor shall be responsible for the receipt, storage maintenance, and safekeeping of all items from the time received until they are installed and accepted by the Authority. The Contractor shall also receive, handle, and store any materials returned by the construction force after original issue due to damage, defects, wrong description, changes in requirements, surplus, or any other cases.
6.3 The Authority’s CSR will monitor the Contractor’s performance of periodic maintenance, such as lubrication and rotation of pumps and motors, and conducting tests to assure that the item has not or will not deteriorate while stored in accordance with the manufacturer’s instructions.
6.4 All material shall be so arranged in storage as to permit ready access to any item for inspection, or retrieval without excessive handling or movement of the item involved, or of items stored adjacent to it.
6.5 External identification markings shall be used on all items. They shall be of such size and so located as to be clearly visible. Hazardous material such as paints, chemicals or flammable oils and solvents shall be separated and shall have a “Warning Notice” on the outside of the container.
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6.6 Items stacked for storage shall be so arranged and supported that excessive strains are not imposed on material in the lower tiers. Weatherproof coverings used for outdoor storage protection shall be of flame resistant sheeting or tarpaulin, so placed as to permit drainage and air circulation, and tied securely to prevent wind damage.
6.7 Storage areas shall be kept clean. Access shall be limited to as required to prevent theft and/or vandalism. Fire protection shall be provided commensurate with the type of storage area and the type, value and vulnerability of the items stored. Where necessary, special measures shall be used to exclude rodents and other animals. Fences, barriers, and personal surveillance shall be provided as required to prevent vandalism and theft.
6.8 Surveillance activities shall be conducted on any special maintenance activities required by the manufacturers specification and shall be documented on the Inspection Report.
7.0 CONTROL OF NONCONFORMANCE
7.1 The Deficiency Report is a written report to document and control nonconformance or deficiency in characteristic, documentation, or procedure which could affect the reliability or render the quality of an item or activity unacceptable or indeterminate.
7.2 A Deficiency Report (DR) can be issued by the Contractor or the Authority to report a nonconformance condition. This report is not intended for minor issues that are corrected by the Contractor after oral direction from the Authority’s CSR.
7.3 When the Contractor fails to take corrective measures after being advised of the nonconformance condition, the Authority’s CSR prepares the Deficiency Report and forwards it to the Contractor for disposition.
7.4 The Contractor shall assign the DR number, log it in the DR log book and provide the disposition as one of the following:
REWORK
The process by which a nonconforming item is made to conform to the specified requirements of the design documents. When rework is the disposition, the responsible Contractor or vendor(s) shall provide the method to be used to perform the rework. The method of rework must be reviewed by the Authority prior to start of rework.
REJECT
A disposition in which a nonconforming item or service will not be permitted to be used on the project.
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ACCEPT-AS-IS
A disposition that is permitted for a nonconforming item on service when it can be established that the item is satisfactory for its intended use. Whenever the Contractor’s recommended disposition is “ACCEPT-AS-IS”, the Authority’s approval is required.
7.5 Copies of Deficiency Reports shall be distributed to:
• Contractor Site Office • Authority’s Site Representative • Authority’s Project Manager
7.6 If the nonconformance is to be corrected by rework, the CSR or Authority’s QA Representative shall verify where corrective action has been implemented, and that the specified corrective action has been satisfactorily completed.
8.0 CONTROL OF NONCONFORMANCE FOR NON-MATERIAL RECEIPT ISSUES
8.1 The Contractor and their subcontractor(s) shall document in a written procedure the methods for disposition of items and performance that do not meet contract documents requirements, or Authority approved drawings, procedures, or vendor drawings. These methods shall contain provisions for:
1. Evaluation of conforming items 2. Submittal of all conformance notices to the Authority. These submittals shall include supplier – recommended disposition (e.g. use – as – is or repair) and technical justification, and shall be approved by the Authority
The Non-Conformance Procedure shall be submitted for the Authority’s review and approval.
9.0 TESTING SERVICES
9.1 An independent testing laboratory employed by the Authority by a separate contract, will perform verification testing or inspecting as directed by the Authority’s CSR during the construction activities.
9.2 The following testing will generally be performed by the testing laboratory engaged by the Authority unless otherwise noted in the contract:
a) Soil testing
b) Bituminous paving testing Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 89
c) Concrete testing
d) Nondestructive Weld Examination
e) Electrical Testing
9.3 The Authority CSR shall utilize the services for the testing laboratory to randomly check critical installation work performed by the Contractor.
9.4 Laboratory services obtained by the Authority are solely an assurance that the Contract provisions are met.
9.5 Where results of Authority-procured tests are made available to the Contractor, the Authority does so as a convenience only, and in no way shall this act be construed as relieving the Contractor of his obligations to provide materials and workmanship in accordance with the Contract Document.
9.6 The Contractor shall, at his expense, furnish labor, equipment, and materials to assist in field inspections that may occur as mentioned in Section 9.3.
10.0 QUALIFICATION FOR CONTRACTOR’S INSPECTION AND TESTING PERSONNEL
10.1 RESPONSIBILITY
It is the responsibility of the Contractor to assure that only those personnel within its organization who meet the requirements established herein are permitted to perform inspection, examination, and testing activities. It shall also be the Contractor’s responsibility to comply with the procedure and instructions issued for the work and to the requirements established therein.
10.2 GENERAL REQUIREMENTS
a. Certifications
Each person who verifies conformance of work activities to quality requirements shall be certified by their employer as being qualified to perform their assigned work. This certification shall be supported by appropriate measures such as education or training, testing, evaluation, and periodic review to assure the initial and continued proficiency of each person. The effective period of certification shall be established and at the end of the effective period of certification, each individual shall be re- certified in accordance with the requirements of this criteria.
b. Certificate of Qualification
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The qualification of personnel shall be documented in an appropriate form. The certificate shall include the following information:
• Employer’s name. • Person being certified. • Activity qualified to perform. • Effective period of certification. • Signature of employer’s designated representative. • Basis used for certification.
c. Inspection Personnel
Inspection activities to verify the quality of the work shall be performed by persons other than those who performed the activity being inspected. Such person shall not report directly to the immediate supervisors who are responsible for the work being inspected.
10.3 QUALIFICATIONS
a. To be considered for certification, a candidate must satisfy the following requirements:
• Graduate of a 4 year accredited engineering or science college or university, plus 2 years of experience in quality assurance, including testing or inspection (or both) of power plant, heavy industrial, or other similar equipment or facilities.
• High school graduate, plus 4 years of experience in testing or inspection (or both) of power plant, heavy industrial, or other similar equipment or facilities.
b. Inspection and Testing Functions
A person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. The person shall be capable of determining the validity of test results.
c. Nondestructive Examination Functions
Personnel involved in the performance, evaluation, or supervision of nondestructive examinations, including radiography, ultrasonic, penetrant, magnetic particle, or eddy current methods shall meet the qualification requirements specified in SNT-TC-IA and supplements. These personnel involved in the performance, evaluation, and supervision of gas leak test methods shall meet the qualification requirements specified in sections a and b above. Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 91
d. Visual Examination of Welds
An AWS Certified Welding Inspector with a minimum of 7 years of documented experience will be required to perform all visual welding examinations. Weld visual examinations are to include fit up checks, root pass inspection and final weld pass inspection. All inspection checks are to be documented. No self-inspection of welds is allowed.
e. Weld Maps Documentation
a. The Contractor and subcontractor(s) shall provide weld map records that specifically identify the new or repaired welds with a unique traceable weld joint designation number, date the weld was completed, location of the weld, welder who performed the weld, and NDE types performed. Examiner(s) initials and date inspection was completed, shall also be documented. b. All weld map records as a minimum will be documented on Authority approved drawings for piping and supports or on structural drawings for structural welds, that will depict the location of the welded joint. c. The Contractor shall submit a typical weld map record for the Authority’s review and approval. Any changes requested by the Authority shall be made with cost to the Authority.
10.4 RECORDS
A file of records of personnel qualification shall be established and maintained by the Contractor throughout the employee’s period of work activities at the work site. This file shall contain records of past performance history, training, initial and periodic evaluations, and certification of the qualifications of each person.
11.0 RECORD CONTROL
11.1 Material receiving documentation, maintenance documentation, nonconformance documentation, and construction records in the form of test reports and inspection checklists shall be provided by the Contractor to the Authority for review.
11.2 The Contractor shall maintain on-going logs for all documents to assure that all required documents are available and filed and that all unsatisfactory conditions have been resolved.
11.3 The Contractor shall complete and submit checklists at the frequency required in the Contract Documents.
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12.0 LIST OF ATTACHED REPORTS
• Material Receiving Report (MRR)
• Material Receiving Instruction (MRI)
• Material Deficiency Report (MDR)
• Storage Yard Inspection Report
• Deficiency Report (DR)
• Deficiency Report Log
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MATERIAL RECEIVING REPORT
Rehabilitation and Repair of the Concrete PROJECT: Foundation for the HRSG Stack MRR NO.:
CONTRACT NO. :
CONTRACTOR:
SUPPLIER: PO NO.:
CARRIER:
QUANTITY MATERIAL DESCRIPTION RECEIVED REMARKS
CONTRACTOR: Signature/Date
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MATERIAL RECEIVING INSTRUCTION
PROJECT: MRI NO.
CONTRACT NO.:
CONTRACTOR:
SUPPLIER:
ITEMS:
RECEIVING, STORAGE AND MAINTENANCE REQUIREMENTS:
DOCUMENTATION REQUIRED: ( √)
Mill Test Report Welding Procedure
Material Certification Non-destructive Test Report
Specify: Specify: Installation Manual Test Reports
Remarks:
Prepared by:
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MATERIAL DEFICIENCY REPORT
PROJECT: MDR NO.
CONTRACT NO.:
CONTRACTOR:
SUPPLIER:
REFERENCE MDR NO.: (Attached)
MATERIAL DESCRIPTION:
Description of Loss, Damage or Unsatisfactory Condition:
Contractor: Signature/Date
Disposition:
NYPA: Signature/Date
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STORAGE YARD INSPECTION REPORT
PROJECT:
CONTRACT NO.:
CONTRACTOR:
STORAGE YARD LOCATION:
ITEMS YES NO N/A 1. 24 hours guard service is provided
2. Materials are properly cribbed and stacked to prevent
sagging. 3. Materials are properly banded and covered where required.
4. Damage materials are properly tagged for repair or
replacement and have been properly segregated. 5. Erosion control is properly maintained by the contractor. • Sedimentation basins are cleaned out and functional • Weed control adequate • Ditching is adequate and in working condition • Roads are free of ruts and any erosion 6. Site is clean and free of all garbage and debris.
7. Combustible materials are isolated as required and safety
regulations are in force. 8. Other verification performed.
Inspected by: Name/Organization/Date
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DEFICIENCY REPORT (DR)
PROJECT: DR NO.
CONTRACT NO.: CONTRACTOR
LOCATION:
Description of problem or deficiency and recommended corrective action (if any):
Initiated by: Signature/Date
Disposition: (Check One) Rework Reject Accept-As-Is
(Explain):
Authority Construction Site Representative
Corrective action and work completed:
Date of completion:
Verified by: Authority Construction Site Representative
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DEFICIENCY REPORT LOG
DATE OF INITIATED BY DATE DR NO. WORK REMARKS NAME/ORGANIZATION WRITTEN COMPLETED
CONSTRUCTION CHECKLISTS Division 1 Screenwell Intake Deck Rehabilitation – Service Platform Demolition 99
TABLE OF CONTENTS
ARCHITECTURAL CHECKLISTS
A-1 MASONRY
A-2 INSTALLATION OF METAL JOISTS
A-3 METAL DECKING INSTALLATION
A-4 INSULATION
A-5 ROOF INSTALLATION
A-6 METAL DOORS AND FRAMES
A-7 METAL WINDOWS INSTALLATION
A-8 GYPSUM DRYWALL INSTALLATION
A-9 TILE INSTALLATION
A-10 GLAZING
A-11 PREFORMED WALL SYSTEM
A-12 APPLICATION OF PROTECTIVE COATINGS (3 COATS)
A-13 APPLICATION OF PROTECTIVE COATINGS (2 COATS)
A-14 APPLICATION OF PROTECTIVE COATING – PIPELINE
A-15 SPRAY-ON FIREPROOFING
A-16 GYPSUM DRYWALL & PLASTERING INSTALLATION
A-17 GYPSUM DRWALL FRAMING INSTALLATION
CIVIL CHECKLISTS
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C-1 CLEARING AND GRUBBING
C-2 EXCAVATION
C-3 EROSION CONTROL
C-4 BACKFILL
C-5 SITE GRADING
C-6 FORMING
C-7 PLACING REINFORCEMENT STEEL AND EMBEDMENT
C-8 CONCRETE PLACEMENT
C-9 GROUTING
C-10 BITUMINOUS CONCRETE PAVING
C-11 WELDING STRUCTURAL AND MISCELLANEOUS STEEL
C-12 INSTALLATION OF STRUCTURAL AND MISCELLANEOUS STEEL
C-13 INSTALLATION OF UNDERGROUND PIPE
C-14 PRECAST CONCRETE GRILL INSTALLATION
C-15 GUIDE RAIL INSTALLATION
C-16 TRANSVERSE EXPANSION JOINT INSTALLATION
C-17 PENETRATING SEALER APPLICATION
C-18 TRANSVERSE SAWCUT GROOVING OF CONCRETE
C-19 PERMANENT PAVING MARKINGS
C-20 SEALING EXPANSION JOINTS
C-21 CLEANING DRAINAGE SYSTEM
C-22 CONCRETE REPAIR – REMOVALS & SURFACE PREPARATION
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C-23 MANHOLE PIPE REPAIR
C-24 INSTALLATION OF NEW PIPE SUPPORTS
C-25 REPAIR TO EXISTING PIPE SUPPORTS
C-26 FOUNDATION DESIGN SUMMARY
C-27 TYPE WB / WG / WR FOUNDATION INSTALLATION
C-28 AS-BUILT STRUCTURE GROUNDING
C-29 WOOD POLE ASSEMBLY & ERECTION
C-30 STRINGING REPORT – OVERHEAD GROUND WIRE
C-31 SAGGING REPORT
C-32 INSULATOR AND HARDWARE – INSTALLATION REPORT
C-33 SPACER / DAMPER REPORT
C-34 LAMINATED WOOD PRODUCTS
C-35 PEDESTRIAN BRIDGE ERECTION
C-36 SOLDIER PILE AND LAGGING (ROCK INSTALLATION)
C-37 SHEET PILE INSTALLATION
C-38 PRE-INSTALLATION OF POST-TENSIONED ANCHORS
C-39 POST-TENSIONED ANCHOR INSTALLATION
C-40 TAINTER GATE REHABILITATION & INSTALLATION
C-41 CONCRETE STAIR NOSING REPLACEMENT
C-42 WALL MOUNTED HAND RAILING INSTALLATION
C-43 CONCRETE STAIR CRACK REPAIR
C-44 CONCRETE STAIR TREAD AND RISER REPAIR
C-45 DEMOLITION
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C-46 EMBANKMENT REPAIR
C-47 INSTALLATION OF PRECAST CONCRETE UNITS
C-48 INSTALLATION OF FIBERGLASS PANELS
C-49 REINFORCEMENT
C-50 CONCRETE PLACING DAILY INSPECTION REPORT
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ELECTRICAL CHECKLISTS
E-1 CABLE INSTALLATION
E-2 RACEWAY INSTALLATION
E-3 CABLE PULLING
E-4 CABLE TERMINATION
E-5 DUCT BANK INSTALLATION
E-6 TRANSFORMER INSTALLATION
E-7 WELDING OF ALUMINUM TUBULAR BUS
E-8 EMBEDDED CONDUIT INSTALLATION
E-8A CONDUIT AND JUNCTION BOX INSTALLATION
E-9 SWITCH GEAR / MOTOR CONTROL CENTER
E-10 COMMUNICATION SYSTEM
E-11 ELECTRICAL EQUIPMENT AND INSTRUMENTATION
E-12 LIGHT FIXTURE INSTALLATION
E-13 LIGHT STANDARDS INSTALLATION
E-14 GROUNDING SYSTEM INSTALLATION
E-15 EMBEDDED GROUNDING SYSTEM REPAIR
E-16 SURFACE MOUNTED GROUNDING SYSTEM INSTALLATION
E-17 EMBEDDED CONDUIT STUB OUT INSTALLATION
E-18 SURFACE MOUNTED PVC CONDUIT INSTALLATION
E-19 SURFACE MOUNTED NEMA 4 JUNCTION BOX INSTALLATION
E-20 CABLE PULL RECORD
E-21 MEGGER DATA REPORT
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MECHANICAL CHECKLISTS
M-1 INSTALLATION OF MECHANICAL EQUIPMENT
M-2 INSTALLATION OF HOIST AND MONORAIL
M-3 INSTALLATION OF INSTRUMENTS AND COMPONENTS
M-4 BELT DRIVEN EQUIPMENT AND ALIGNMENT
M-5 BELT DRIVEN EQUIPMENT ALIGNMENT DATA SHEET
M-6 INSTALLATION OF WELDED / SOLDERED PIPING AND COMPONENTS
M-7 TANKS / PIPING / INSTRUMENTATION TEST RECORDS
M-8 PIPING SPOOL INSTALLATION RECORD
M-9 INSTALLATION OF VALVES
M-10 PIPE SUPPORT INSTALLATION
M-11 GROUTED ANCHOR INSTALLATION
M-11A EXPANSION ANCHOR INSTALLATION
M-12 HVAC INSTALLATION
M-13 INSTALLATION OF PLUMBING SYSTEMS
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CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______SECTION 02082
ENVIRONMENTAL PROCEDURES RELATED TO EARTHWORK
PART 1 - GENERAL
1.1 SUMMARY
A. This Section includes Environmental procedures related to management of soils, concrete and gravel during excavation and trenching work, and backfilling, preparing subgrades and placing aggregate bases for pavements.
B. Related Sections include, but not limited to, the following:
1. Section 02220 – Earthwork
2. Section 02221 - Demolition – Service Platform
3. Section 02271 - Riprap
4. Section 03930 – Concrete Rehabilitation
1.2 REFERENCE STANDARDS
A. The Contractor shall comply with all applicable federal, state, and local laws, regulations, standards, and codes, including, but not limited to, those listed below. The following are applicable references and regulations, incorporated herein by reference:
1. New York State Department of Environmental Conservation a. STARS Memo #1 Petroleum-Contaminated Soil Guidance Policy b. Final DER-10 Technical Guidance for Site Investigation and Remediation; June 18, 2010. c. CP-51: Soil Cleanup Guidance Policy, October 21, 2010
2. New York Code of Rules and Regulations (NYCRR) a. 6 NYCRR Part 360, Solid Waste Management Facilities b. 6 NYCRR Part 364, Waste Transporter Permits c. 6 NYCRR Part 370, Hazardous Waste Management System – General d. 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes e. 6 NYCRR Part 372, Hazardous Waste Manifest System and Related Standards for Generators, Transporters and Facilities f. 6 NYCRR Part 373, Hazardous Waste Management Facilities g. 6 NYCRR Part 375, Environmental Remediation Programs
3. United States Department of Transportation (USDOT) a. 49 CFR 172, Subpart C – Shipping Papers b. 49 CFR 172, Subpart D –Marking c. 49 CFR 172, Subpart E – Labeling d. 49 CFR 172, Subpart F – Placarding
NEW YORK POWER AUTHORITY OPERATIONS - ENGINEERING SECTION 02082/ Page 1 of 12 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______e. 49 CFR 172, Subpart G – Emergency Response Information f. 49 CFR 173, General Requirements for Shipments and Packaging g. 49 CFR 177, Carriage by Public Highway
4. United States Environmental Protection Agency (USEPA) a. 40 CFR Part 261, Identification and Listing of Hazardous Waste b. 40 CFR Part 262, Standards Applicable to Generators of Hazardous Waste c. 40 CFR Part 263, Standards Applicable to Transporters of Hazardous Waste d. 40 CFR Part 264, Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities e. 40 CFR Part 265, Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
5. United States Department of Labor (USDOL), Occupational Safety and Health Administration (OSHA) - 29 CFR 1910, Occupational Safety and Health Standards
6. New York State Department of Transportation (NYSDOT) Standard Specifications
1.3 DEFINITIONS
A. Excavation: Excavation consists of removal of material encountered above subgrade elevations and to lines and dimensions indicated on contract drawings and specifications. Excavation is considered unclassified and consists of removal of material encountered to contract level, and stockpiling, testing, loading, handling, transporting and subsequent legal disposal/replacement of such.
B. Improvements: Man-produced items such as concrete, brick, asphalt, piping, supports, etc. Those items not naturally occurring.
C. Non-Hazardous Excavated Material: Material that may include or contain mixtures of the following: soil (including, but not limited to, natural undisturbed material), debris, concrete and concrete products (including steel or fiberglass reinforcing rods that are embedded in the concrete), asphalt pavement, brick, glass, rock, and incidental ash. This material includes material defined in Title 6 New York Code of Rules and Regulations 360-7.1(b)(i), including constituents at concentrations that may be greater than the 6 NYCRR Part 375-6.8(a) Unrestricted Use (“Track 1”) Soil Cleanup Objectives.
D. Petroleum-Contaminated Material: Material (soil, concrete, sediment, UST contents, fill, debris, etc.) that meets the NYSDEC STARS Memo #1 definition of petroleum- contaminated material from known source areas. Petroleum-contaminated material shall be evidenced by the following observations and be from a known source area: producing higher than background responses on a portable vapor meter such as a photo ionization detector (PID) or flame ionization detector (FID), petroleum-like odor, visual impacts (e.g., staining or discoloration), proximity to known releases from existing or historic petroleum storage tanks or systems, and exceed the guidance values provided in the NYSDEC STARS Memo #1. The determination as to whether the excavated material is
NEW YORK POWER AUTHORITY OPERATIONS - ENGINEERING SECTION 02082/ Page 2 of 12 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______petroleum-contaminated or is non-petroleum contaminated material will be made by NYPA’s Site Representative during excavation.
E. Hazardous Waste: Material meeting the definition of a Resource Conservation and Recovery Act hazardous waste as defined in 40 CFR Part 261, New York State ECL Section 27-09 or 6 NYCRR Part 371.
F. Backfill/Fill: Backfill is defined as soil material or controlled low-strength material used to fill an excavation and other miscellaneous fill for general grading for achieving specified elevations. Fill is considered soil materials used to raise existing grades. Types of backfill/fill are defined below:
1. Borrow Soil or Imported Backfill (Environmentally Clean Backfill): Clean backfill that has been tested and found to contain levels of organic compounds and inorganic analytes that do not exceed 6 NYCRR Part 375-6.8(b) Restricted Residential Use (“Track 2”) Soil Cleanup Objectives.
2. Select Structural Fill: Aggregate layer supporting slab on grade that also minimizes upward capillary flow of pore water.
3. Structural Fill: Soil material placed between the subgrade or fill material depending on site situation.
4. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material 0.75 cubic yards in volume.
5. Subbase: Aggregate layer placed between the subgrade and base course for hot mix asphalt pavement, or aggregate layer placed between the subgrade and a cement concrete pavement or cement concrete or hot mix asphalt walk
6. Subgrade: Uppermost surface of an excavation or top surface of fill or backfill immediately below subbase, drainage fill, drainage course or top soil material.
7. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natural sand, coarse aggregate.
8. Sand: ASTM C33; fine aggregate.
1.4 SUBMITTALS
A. Pre-Construction Submittals
1. Product Data- Samples, photographs, material test reports, gradation analyses and certifications.
2. Independent Qualified Laboratory Qualifications
3. Excavation Material Handling and Disposal Plan (EMHDP)
4. Certifications and Test Data a. Environmentally Clean Backfill Certification and Testing Reports
NEW YORK POWER AUTHORITY OPERATIONS - ENGINEERING SECTION 02082/ Page 3 of 12 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______b. Certification for Stone, Gravel, Rock (Virgin Quarry Material)
B. During/Post Construction
1. Analytical Testing Results
2. Soil Profiles
3. Written Acceptance from Disposal Facility
4. Soil Disposal Documentation
1.5 QUALITY ASSURANCE
A. Contractor Qualifications: Company specializing in performing the Work of this Section shall have a minimum of 3 years’ experience, and shall have completed a minimum of three projects of similar size.
B. Testing Laboratory Qualifications: Analytical testing shall be performed by a New York State Department of Health Environmental Laboratory Approval Program (ELAP) certified laboratory.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Imported fill and aggregate materials to be used during the Work are to be stockpiled separately at the producer's facility and shall be accessible to inspection and quality control (QC) testing by NYPA.
B. Stockpile material brought to the site prior to placing in order to allow for testing by NYPA’s testing laboratory. Stockpile material in such a manner as to prevent erosion and dust. Provide silt curbs.
C. Testing and certification of all imported environmentally clean fill are the responsibilities of the Contractor.
1.7 PROJECT/SITE CONDITIONS
A. Existing Conditions: NYPA makes no predictions or representations regarding the character or extent of soil, rock, or other subsurface conditions to be encountered during the Work. The Contractor shall make its own deductions of the subsurface conditions that may affect the methods or cost of the Work hereunder, and agrees that it will make no claims for damages or compensations, except as are provided under the agreement.
1.8 PAYMENT
A. All labor, materials, equipment, and incidentals to perform all work under this Section shall be included in the base bid. No separate payment will be made for any Work associated with the disposal of non-hazardous excavated material, as the cost of said work shall be deemed included in the Contract.
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B. Payment for the transportation and disposal of petroleum-contaminated material encountered shall be contingent upon NYPA’s receipt of original shipping documents (e.g., manifests), weigh tickets, and original invoices. No additional payment will be made for excavating/removing and loading and other requirements of this Section for these materials because it is covered under the base bid.
PART 2 PRODUCTS
2.1 BACKFILL
A. Imported Backfill (Environmentally Clean Backfill)
1. Imported backfill shall consist of sand, gravel, crushed stone, crushed gravel or a mixture of these. Material shall not contain salts or foreign materials of any kind. These fill materials shall meet geotechnical requirements.
2. The Contractor shall collect and analyze one representative sample of each material for every 1,000 cubic yards of each source of imported backfill brought to the site for the complete list of 6 NYCRR Part 375 Track 2 Parameters. Submit test results to NYPA.
3. For stone, gravel and rock, Contractor shall provide certification that the source of stone consists of processed virgin material from a permitted quarry or mine.
B. Filter material, Sand, Surface Gravel, Drainage Course, Rip-Rap, Geotextile and Base Aggregate
1. Materials shall meet the geotechnical requirements.
PART 3 EXECUTION
3.1 EXCAVATED MATERIAL HANDLING AND DISPOSAL PLAN
A. An EMHDP for non-hazardous, petroleum-contaminated and hazardous material excavation shall be prepared by the Contractor and submitted NYPA for approval a minimum of 3 weeks prior to the start of excavation.
B. In the Excavated Material Disposal Plan, the Contractor shall, at a minimum:
1. Indicate how buried utilities (e.g. electric, gas, water, sewers, telephone, etc.) will be located and provide copies of the resulting information to NYPA.
2. Confirm appropriate contact will be made with underground facilities protective organizations –in accordance with applicable laws and regulations.
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3. Provide a to-scale figure indicating the locations and volumes of required excavations and proposed locations where discrete soil samples shall be collected and which discrete soil samples shall make up each composite sample.
4. Provide name and qualifications of an environmental monitor who will be present during soil excavation activities.
5. Define the methods of observation and measurement to determine what type of material is encountered during excavation.
6. Define stockpiling and handling operations of excavated materials.
7. Define the sampling methods (e.g. backhoe, Geoprobe®, drill rig, etc.) to be used.
8. Define the analytical parameters, sampling frequency and analytical methods for analyzing all samples.
9. Define how chain-of-custody will be maintained and recorded.
10. Define how the QA/QC of the EMHDP will be maintained and how it will be subject to audit by both NYPA and the Contractor.
11. Provide a listing, including company name, name of owner, and address of facility, of the each proposed off-site disposal facility meeting the requirements listed above, for the specific material to be disposed of.
12. Provide a copy of each disposal facility’s permit (NYSDEC and/or equivalent out of state) and a complete listing of the facility’s pre-acceptance testing and disposal requirements for the specific material.
13. Provide a listing, including company name and address, of proposed waste haulers. Provide for each proposed waste hauler a copy of the valid 6 NYCRR 364 Waste Transporter Permit.
14. Contractor shall furnish a list approved by NYPA that identifies the make, model, truck number and registration plate number of each of the trucks that shall transport the material to the disposal facility. All proposed destination facilities, listed as required by Paragraph 11 above, shall be listed in the waste transporter permits provided.
15. Provide a completed waste profile form for the proposed facility along with a cover letter on Contractor letterhead certifying that the Contractor has provided the disposal facility with the analytical data. Contractor must verify in writing that full disclosure of soil characterization has been provided to the disposal facility.
NEW YORK POWER AUTHORITY OPERATIONS - ENGINEERING SECTION 02082/ Page 6 of 12 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______3.2 EXAMINATION
A. Verify that existing site conditions match those of the survey or pre-bid inspections. Notify NYPA in writing prior to commencement of Work of any discrepancies.
B. Before starting any excavation work, ascertain the exact locations of all existing underground drain lines, piping, and conduits.
3.3 PREPARATION AND PROTECTION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations.
B. Dispose of water from site in such manner as will not cause injury to the public health, nor to public or private property, nor to the work completed or in progress, nor to the surface of the streets, nor cause any interference with the use of the same by the public.
C. Contaminated water generated from construction activities shall not be disposed of on site.
D. Prevent silting of storm sewers by using settling tanks or other devices approved by the NYSDEC.
E. The Contractor is responsible to maintaining compliance at all times with the conditions of any applicable Construction Storm Water Permits and Storm Water Pollution Prevention Plans.
F. The Contractor is responsible for obtaining all necessary permits for disposal of liquids generated during construction and for the pretreatment of all liquids as required for disposal in accordance with all applicable rules and regulations.
G. Erosion & Sediment Control
1. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways.
2. Provide measures and best management practices to maintain compliance at all times with the conditions of any applicable permits.
3.4 DISPOSAL OF EXCAVATED MATERIAL
A. Deliver excavated material unsuitable for backfill from the site to an approved off-site disposal facility identified in the EMHDP. The EMHDP shall be submitted and approved by NYPA prior to the start of excavation. No claims of delay shall be permitted due to the Contractor’s lack of approval of the EMHDP. All required sampling and testing are part of the Work and are to be done by the Contractor as part of this project at no additional cost to NYPA. The resulting sampling data is to be submitted to NYPA as an addendum to the EMHDP.
NEW YORK POWER AUTHORITY OPERATIONS - ENGINEERING SECTION 02082/ Page 7 of 12 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______B. Provide all labor, equipment and material necessary to excavate, stockpile, load, handle, and transport excavated material from the site to the facility designated in the approved EMHDP, as described herein, and conditioned on the following:
1. Comply with all rules and regulations of the body governing the facility defined in the approved EMHDP.
2. Any sorting of the excavated material required by the designated facility is part of the Work and is the responsibility of the Contractor.
3. Any change of trucks from those listed in the EMHDP, or additional trucks, shall have prior approval at least 24 hours in advance.
4. The Contractor shall furnish a list, approved by NYPA, of the water-level volume of each truck, regardless of whether or not the truck possesses a DOT truck permit number indicating truck volume.
5. The Contractor agrees and warrants that each load of such material has originated only from the site and has not been mixed with material from any other site.
6. On a daily basis the Contractor shall provide originals of all waste disposal documentation to NYPA.
C. Contractor shall provide an environmental monitor on-site during soil excavation activities to visually survey and screen soils using a Photo-ionization detector (PID) or equivalent instrument. Subsurface soils excavated during construction shall be continuously monitored and visually inspected during excavation for indications of impact (i.e. staining, odors). If no indications of visual or olfactory evidence of impact are present and the material meets geotechnical requirements, soils excavated may be used as backfill in the same excavation in accordance with 6 NYCRR Part 360-1.15.
1. In the event that evidence of impact from a spill or release is encountered, the Contractor shall immediately notify NYPA’s Site Representative and NYPA’s Site Environmental Manager such that NYPA can determine whether any reporting requirements apply, and make the appropriate reporting.
2. Contractor shall segregate and stockpile the soil removed from excavation as directed by and to an area designated by NYPA’s Site Representative.
3. Impacted soil shall be placed on 10 mil thick polyethylene sheeting, covered with heavy duty tarps, and secured with sand bags. If there is no room on the site for stockpiling, provide containers for stockpiling or other means.
D. Representative samples of materials unsuitable for use as backfill due to size or composition or evidence of contamination shall be sampled for the analytical parameters required for acceptance by the desired disposal facility listed in the EMHDP. At a minimum, these parameters will include a Toxicity Characteristic Leaching Procedure (TCLP), RCRA characteristics, PCBs, and percent moisture (Paint Filter Test) by USEPA SW-846 approved analytical methods.
NEW YORK POWER AUTHORITY OPERATIONS - ENGINEERING SECTION 02082/ Page 8 of 12 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______E. Contractor shall remove debris, and other materials not acceptable as fill from the site and dispose of legally at a New York State 6 NYCRR Part 360 permitted disposal facility in accordance with all applicable regulations.
F. Material for disposal shall be transported only by a hauler permitted under 6 NYCRR Part 364 or equivalent permit.
G. Contractor shall prepare and provide the appropriate shipping papers to NYPA in advance of the shipment of unsuitable soils and debris off-site. Contractor shall secure, package, label, and mark materials for shipment in accordance with all regulations for transportation.
H. In the event of excavation of a hazardous waste, such waste shall be disposed of only at a permitted and NYPA approved Treatment Storage and or Disposal Facility (TSDF) in accordance with NYPA’s CP53-02 Appendix E. Facilities approved to handle and receive petroleum contaminated soil (PCS) are also included in CP 53-02 Appendix E. Contractor shall segregate and place any PCS, impacted soils or hazardous waste into appropriate DOT specification containers, and stage in area designated by NYPA’s Site Representative.
I. Burying of unsuitable material is not permitted.
J. Excavated Material
1. The excavated material may consist of one or more of the following: non- hazardous excavated material, petroleum-contaminated material and/or hazardous material. For the purpose of the base bid, the Contractor shall assume that all material excavated from the site meets the definition of non-hazardous excavated material
2. All excavated material from the site shall be handled in one of the following manners. a. Suitable soil which meets the geotechnical requirements and exhibits no evidence of contamination will be used as backfill in the same excavation in accordance with 6 NYCRR Part 360-1.15. b. In accordance with the approved EMHDP developed for this specific material, the Contractor shall transport and dispose of all excess non- hazardous excavated material at an approved off-site disposal facility meeting the requirements of 6 NYCRR Part 360 or equivalent out-of- state requirements. c. If required and directed by NYPA, the Contractor shall stockpile or stage impacted or petroleum-contaminated material at the site pending sample analysis and off-site disposal. The stockpile shall be covered with heavy duty tarps secured with sand bags and silt curbs shall be installed around the stockpile. The Contractor shall obtain acceptance from an approved off-site disposal facility licensed to receive petroleum-contaminated material. The Contractor shall provide NYPA with a copy of the off-site disposal facility’s permit to receive petroleum-contaminated material as part of the EMDHP. Prior to disposal of this material, the Contractor shall obtain written authorization from NYPA. In addition the Contractor shall provide NYPA with original copies of all shipping papers including
NEW YORK POWER AUTHORITY OPERATIONS - ENGINEERING SECTION 02082/ Page 9 of 12 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______manifests, weigh tickets, and original invoices for the disposal of this material. d. In the event of excavation of a hazardous waste, such waste shall be disposed of only at a permitted and NYPA approved Treatment Storage and or Disposal Facility (TSDF) in accordance with NYPA’s CP53-02 Appendix E. Contractor shall segregate and place any hazardous waste into appropriate DOT specification containers, and stage in area designated by NYPA’s Site Representative pending off-site shipment and disposal.
3. The Contractor shall provide all labor, equipment and material necessary to excavate, load, handle, and transport excavated material, as described herein, from the site to the designated facility and in accordance with the following: a. The Contractor shall comply with all applicable federal, state, and local rules and regulations pertaining to the disposal of non-hazardous excavated material, and, if applicable, petroleum-contaminated material. b. The Contractor shall use and identify, in the EMHDP, only properly licensed and insured off-site disposal facilities that can accept non- hazardous excavated material, and, if applicable, petroleum- contaminated material and/or hazardous waste.
4. The Contractor is responsible for implementing all appropriate dust and odor control measures.
5. Prior to departure from the site, transport vehicles shipping excavated material shall be inspected and cleaned as necessary to prevent tracking material off-site. Contractor shall properly collect and properly dispose, at an NYPA-approved facility, all waste generated from cleaning.
6. The Contractor shall provide all required notifications to federal, state and local agencies prior to transporting material off site. Copies of all notifications issued shall be transmitted to NYPA at the time of issuance.
7. The Contractor shall screen drivers of transport vehicles prior to engagement and prior to departure from the site. Vehicle drivers shall be fully-licensed and possess appropriate training.
8. Vehicles used to transport excavated material shall be designed, equipped, operated and maintained to prevent leakage, spillage and airborne emissions during transport. Only safe, suitable and well-maintained vehicles, which are properly labeled/placarded, manned, permitted and registered to perform the required transportation services, shall be used.
3.5 FIELD QUALITY CONTROL
A. Environmentally Clean Fill/Backfill Tests: NYPA may perform independent analysis of fill/backfill material samples to verify that the material meets the environmentally clean fill requirements.
B. Inspection
NEW YORK POWER AUTHORITY OPERATIONS - ENGINEERING SECTION 02082/ Page 10 of 12 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015 ______1. The Contractor shall perform daily inspections of stockpiled materials and shall ensure that coverings are properly secured.
2. Inspection of the protection of adjacent properties or buildings and shoring is the responsibility of the Contractor.
C. Responsibility
1. All required testing and/or analysis not specifically defined as being provided by NYPA shall be provided by the Contractor as part of the included Work and costs of this Project.
2. No testing, inspection or analysis performed by NYPA shall relieve the Contractor of the responsibility of conforming to the requirements of the Contract Documents.
3. Time for conducting the tests and/or inspections defined in the Contract Documents shall be considered as part of the Work of this Project and neither extension of time nor additional costs shall be accepted as a result.
3.6 LIST OF SUBMITTALS
The Contractor shall complete the table below, updating with the date of each submittal and receipt of NYPA approval.
DATE Pre-Construction DATE SUBMITTED APPROVED 1 Product Data- Samples, photographs, material test reports, gradation analyses and certifications (See Civil Specifications for requirements)
2 Independent Qualified Laboratory Qualifications
3 Excavation Material Handling and Disposal Plan (If Required)
4 Certifications and Test Data a. Environmentally Clean Backfill Certification and Testing Report b. Certification for Stone, Gravel, Rock (Virgin Quarry Material)
During/Post Construction
1 Analytical Testing Results
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2 Soil Profiles
3 Written Acceptance from Disposal Facility
4 Soil Disposal Documentation
END OF SECTION
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SECTION 02220
EARTHWORK
PART 1 – GENERAL
1.1 EXTENT:
1.1.1 Scope: This section covers the labor, material and installation requirements for earthwork.
1.1.2 Work Included: The work shall include the following items as indicated on the Design Drawings and as specified herein:
1.1.2.1 Installation and maintenance of sediment and erosion control facilities required prior to and during construction.
1.1.2.2 Installation of turbidity barrier as per shoreline rehabilitation
1.1.2.3 Demolition and disposal of waste.
1.1.2.4 Clearing of obstruction and disposal of waste.
1.1.2. 5 Soil removal and stockpiling.
1.1.2.6 Earth excavation and fill placement.
1.1.2.7 Stockpiling of material for use.
1.1.2.8 Disposal of excess or unsuitable excavated material.
1.1.2.9 Cutting of existing sheet piles and preparation of the subgrade to receive granular & stone fills.
1.1.2.10 Placement and compaction of general and structural fills.
1.1.2.11 Dust Control
1.1.2.12 Fine finishing of completed slopes and embankment
1.2 REFERENCED DOCUMENTS
1.2.1 General: Related standard specifications are referenced in this Section. The referenced and applicable requirements of the latest issue of the listed specification shall be complied with.
1.2..2 ASTM — American Society for Testing and Materials
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1.2.3 ASTM D 698 — Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort
1.2.4 ASTM D 1557 —Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort
1.2.5 ASTM D 2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)
1.2.6 ASTM D 4253 - Standard Test Method for Maximum Index Density and Unit Weight of Soils Using Vibratory Table
1.2.7 ASTM D4254 - Standard Test Method for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density
1.3 SUBMITTALS
1.3.1 Granular Fill
1.3.2 Test results of compacted subgrade or granular fill
1.3.3 Temporary wooden retaining wall with engineering calculations
1.4 CONSTRUCTION QUALITY ASSURANCE
1.4.1 Inspection Before Working: The Contractor shall examine the areas and conditions under which earthwork is to be done and notify the Authority in writing of conditions detrimental to the proper and timely completion of the Work. 1.4.2 Material, placing procedures and installations are subject to inspection and tests conducted by an independent Testing Service employed by the Contractor subject to the approval of the Authority. Such inspections and tests shall not relieve Contractor of responsibility for providing material and placement in compliance with this Specification. The Authority reserves the right, at any time before final acceptance, to reject material not complying with the specified requirements.
1.4.3 The Contractor shall correct the deficiencies in earthwork which inspections, laboratory and field tests have indicated are not in compliance with the specifications. The Contractor shall perform additional tests, at his expense, as may be necessary to reconfirm any noncompliance of the original work, and as may be necessary to show compliance of corrected work.
1.4.4 The Contractor shall promptly correct errors or flaws in the work or material identified during construction and which prevent proper installation. Contractor shall make
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immediate substitution of the noncomplying material or shall make field changes to make the noncomplying material acceptable. The correction or substitution shall be performed at no cost to the Authority.
1.5 GEOTECHNICAL DATA AND TOPOGRAPHY
1.5.1 Geotechnical Data:
1.5.1.1 Geotechnical Data is not available
1.5.1.2 Contractor may be permitted to make his own soil investigations. If permitted, Investigations shall be performed at no cost to the Authority.
1.5.1.3 Topography:
The topography survey was prepared by the Authority. The Design Drawings indicate contour lines, elevations and dimensions of existing ground. This information is furnished for Contractor's convenience and use. The Authority assumes no responsibility for the accuracy of information provided.
1.5.1.3.1 Contractor is permitted to make his own topographic assessment or check the existing survey data. Any additional surveying of the project site shall be at no cost to the Authority.
1.6 LINES AND GRADES
1.6.1 Prior to start of work, Contractor shall verify existing monuments and benchmarks are as shown on Authority supplied topographic surveys.
1.6.2 Contractor shall lay out lines and grades from the existing monuments and benchmarks on the Project Site.
1.6.3 The Authority reserves the right to verify correctness of lines and grades during progress of the Work. Such verification by the Authority shall not relieve Contractor of responsibility as herein specified. 1.6.4 Contractor shall notify the Authority of any difference in location of existing construction and conditions from those indicated, wherever such difference may affect his work.
1.6.5 Contractor shall preserve and maintain benchmarks and reference points established by the Authority. Should Contractor, during execution of the Work, destroy or remove any bench mark or reference point established by the Authority, the cost of reestablishing the benchmark or reference point shall be borne by the Contractor.
PART 2 - PRODUCTS
2.1 MATERIAL FOR GENERAL AND STRUCTURAL FILLS
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2.1.1 Definitions:
2.1.1.1 Structural Fill is fill placed beneath equipment, buildings, tanks, walls, retaining walls, conveyor supports and other similar structures or equipment sensitive to settlement. Structural Fill is also fill placed beneath roads and railroad tracks and fill supporting buried structures such as drainage manholes, electrical manholes and vaults, tanks and oil separators. 2.1.1.2 General Fill is fill which does not support structures and fill for areas which are not exceptionally sensitive to settlement. "General Fill" includes fill for laydown and work areas, unpaved parking areas, material storage areas, and tank spill containment compounds.
2.1.1.3 Satisfactory Fill Material:
2.1.1.3.1 Granular material:
2.1.1.3.1.1 Granular material shall contain no more than 1% organic or other deleterious material, be free of excess moisture and have a maximum particle size of 2".
2.1.1.3.1.2 Granular material shall be soil classified as coarse-grained soils in the Unified Soil Classification System, ASTM D 2487. Classifications are GW, GP, GM, GC, SW, SP, SM or SC, or combinations of these such as SP-SC.
2.1.1.3.2 Restrictions on the use of poorly graded sand (SP) or Silty Sand (SM) material are as follows:
2.1.1.3.2.1 No material with a silt content of greater than 15 percent shall be used for "Structural Fill" nor shall it be used for fill within 12 inches of the surface of ditches or slopes.
2.1.1.3.3 Cohesive Material: 2.1.1.3.3.1 Cohesive material shall contain no more than 1% organic or other deleterious material, have a maximum particle size of 2", and have a Liquid Limit of less than 40 and a Plasticity Index of less than 20.
2.1.1.3.3.2 Cohesive material shall be classified as fine-grained soils in the Unified Soil Classification System, ASTM D 2487. Classification is CL.
2.1.1.3.3.3 Clayey Sand (SC) material shall have less than 35 percent clay fines. The material shall have Atterberg Limits above the "A" line with a Plasticity Index (PI) of more than 7, but less than 20.
2.1.1.3.4 Soil-Rock Mixtures:
2.1.1.3.4.1 Soil-rock mixtures shall contain a sufficient soil matrix to prevent nesting of larger pieces and the material contains less than 1% organic or other deleterious material.
2.1.1.3.4.2 Restrictions on the use of soil-rock mixtures are as follows:
2.1.1.3.4.3 Soil rock mixtures with more than 15 percent of the rocks larger than 21/2 inches may not be used in the upper 6 feet of fills.
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2.1.1.3.4.4 No rocks larger than 4 inches shall be used in "Structural Fills" or in the upper 6 feet of General Fills.
2.1.1.3.4.5 Soil-rock mixtures with rocks larger than 2 inches shall not be used for bedding and backfill within 12 inches of culverts and underground utilities.
2.11.3.4.6 Rock material larger than 2 inches shall not be used in the upper 12 inches of a "Structural Fill" forming a road, pavement or track subgrade.
2.1.1.3.4.7 Soil-rock mixtures with rocks larger than 4 inches but no larger than 12 inches may be used in fills deeper than 6 feet.
2.1.1.3.5 Soil Excavated from the Site:
2.1.1.3.5.1 Soil excavated from the Project Site may be used as fill material provided it meets the requirements of Article 2.1.1.3 as verified by test results.
2.1.1.3.6 Unsatisfactory Fill Material:
2.1.1.3.6.1 Material unsatisfactory for use as either a "General Fill" or a "Structural Fill" are as follows:.
2.1.1.3.6.2 Soils classified as silt or organic soils in the Unified Soil Classification System, ASTM D 2487. Classifications are ML, MH, PT, OL and OH.
2.1.1.3.6.3 Rock material without a soil matrix in which nesting of rocks could occur.
2.1.1.3.6.4 Clay soils classified as CH with a liquid limit greater than 50.
2..2 ADDITIONAL RESTRICTIONS ON THE USE OF MATERIAL 2.2.1 Any material, which is frozen, contains an excessive amount of organic material or trash, or contains large rocks shall be considered unsatisfactory for use as fill. 2.2.2 Fill and backfill soils placed by previous construction shall be considered unsatisfactory for use as fill unless they meet the requirements for satisfactory material. 2.3 TOPSOIL
2.3.1 Top soils are friable sandy-loam surficial soils suitable to sustain the growth of vegetation.
PART 3 - EXECUTION
3.1 GENERAL
3.1.1 The Work required is shown on the Design Drawings. No work shall be performed outside of the designated area without prior written approval of the Authority.
3.1.2 Incidental Work: All work incidental to excavation or fill work will not be specifically
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indicated on the Design Drawings but shall be performed as part of the work.
3.1.3 Material Sources:
3.1.3.1 Sufficient quantities of suitable material from onsite excavations (borrow areas) may be available for general fills, structural fills and construction of dikes but may not be available for structural fills. Borrow material from an offsite borrow area may be used for structural fill, if it meets requirements and is approved by the Authority.
3.2 CLEARING AND GRUBBING 3.2.1 Areas designated for excavation or fill shall be cleared and grubbed prior to beginning earth- moving operations.
3.3 DEMOLITION 3.3.1 The existing metal sheet piles shall be cut at least 1.0 ft. below subgrade.
3.3.2 The existing chain link fence shall be temporarily removed and safely stored while work is in progress. The fence shall be reinstalled to original condition along the new parapet wall as per Design Drawing. This shall be connected with a new fence along the top of the retaining wall.
3.3.3 Demolition and removal of minor items which are incidental to the earthwork may be required. The Contractor shall demolish such items as required as part of the performance of the work.
3.3.4 All waste resulting from demolition work shall be disposed of by the Contractor in an offsite disposal area.
3.35 Remove and replace asphalt pavement to original condition as shown in the Design Drawing.
3.4 TOPSOIL STRIPPING
3.4.1 Extent of Stripping:
3.4.1.1 Areas designated for excavation or fill shall be stripped of all topsoil.
3.4.1.2 Weeds, small roots, heavy grass and other vegetation remaining after clearing and grubbing operations shall be removed with the topsoil.
3.4.2 Disposal:
3.4.2.1 Stripped topsoil shall be placed in an onsite topsoil disposal area as shown on the Design Drawings or as directed by the Authority. Topsoil may be removed from the disposal area at a later date and used to cover finished ditches, slopes and other designated areas.
3.4.2.2 If any material remains in the topsoil disposal area after construction is complete, the disposal area side slopes shall be graded to a slope of 20% (5 horizontal to 1 vertical) and the
top of the pile shall be sloped to drain properly and provided with devices to control erosion.
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3.5 EXCAVATION
3.5.1 General:
3.5.1.1 Maintain sides and slopes of excavations in a safe condition until completion of backfilling. Comply with Code of Federal Regulations Title 29 – Labor, Part 1926 (OSHA)
3.5.1.2 The known structures, sewers and drains, manholes, pavements, walls, fences, hydrants, poles and similar features located on or adjacent to the work areas are shown on the contract drawings. Such information is shown for the convenience of the Contractor, but is not guaranteed to be complete or without errors. The sizes and locations of underground structures and utilities may be inaccurate, and other obstructions may be encountered. When other obstructions are encountered, Contractor shall notify the Authority for direction on how to proceed.
3.5.1.3 Excavation shall be done with grounded equipment and such equipment shall be small enough to keep clear of existing overhead conductors. A 20-feet minimum clearance to overhead conductors for all excavation equipment shall be maintained.
3.5.1.4 Hand excavation is required when working within five feet of energized equipment and buried cables and conduits. Hand excavation shall also be required under overhead conductors when the clearance required in 3.5.1.2 cannot be maintained.
3.5.1.5 Personal Protective Equipment (PPE) may be required for all personnel performing excavation activities. Minimum PPE required is coveralls, vinyl disposable cover boots or rubber boots capable of being decontaminated and latex, nitrile or neoprene gloves. 3.5.1.6 All excavated soil shall be covered and secured with weighted-down impervious tarps or plastic. Soil shall remain covered at all times except when actively being added or removed from the pile.
3.5.2 Classification of Excavation:
3.5.2.1 Excavation is classified as follows:
3.5.2.1.1 Earth Excavation:
.5.2.1.1.1 After topsoil removal has been completed, excavation within the limits of grading shall be performed to the lines and grades indicated on the Design Drawings.
3.5.2.1.1.2 Soil excavated from the site may be used as backfill if it has no apparent contamination based on visual and olfactory determination, soil is not saturated with oil, does not contain coal tar, or have any extreme discoloration or obnoxious odor. The Authority shall determine if site excavated materials can be reused.
3.5.2.1.1.3 Excavations shall not be carried below grades indicated on the Design Drawings without approval of the Authority. Over excavations shall be refilled with compacted satisfactory fill material to the proper grade at the Contractor's expense.
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3.5.2.1.1.4 If unsatisfactory material is encountered at the bottom of an excavation, this material shall be removed to a depth as directed by the Authority and backfilled to the proper grade with compacted satisfactory fill material.
3.5.2.1.1.5 Excavation shall be performed in a sequence which will provide proper drainage at all times. Excavations shall be kept free of standing water while construction is in progress.
3.6 STOCKPILE OF SELECT MATERIAL
3.6.1 Stockpiling of excavated material suitable for a use shall be as directed by the Authority.
3.6.2 The stockpile area shall be sloped to drain properly and provided with devices to control erosion.
3.6.3 All excavated soil shall be covered and secured with weighted-down impervious tarps or plastic. Soil shall remain covered at all times except when actively being added or removed from the pile.
3.7 DISPOSAL OF EXCESS MATERIAL
3.7.1 Disposal of Excess Satisfactory Excavated Material:
3.7.1.1 Excess excavated material, which is satisfactory for use as fill material, shall be be placed in an onsite stockpile area designated by the Authority.
3.7.1.2 After completion of earthwork operations, the stockpile area shall be dressed to drain properly and control erosion.
3.7.1.3 Excavated material that is unsatisfactory for use as fill, shall be removed from the site and disposed of by the Contractor. Unsatisfactory material shall not be mixed with satisfactory material. Refer to Specification Section 02082 for proper disposal.
3.7.1.4 All soil, either contaminated or non-contaminated, the characterization and coordination of disposal shall be handled by the Contractor. Refer to Specification Section 02082
3.7.1.5 The disposal area shall be sloped to drain properly and control erosion.
3.8 PREPARATION OF SUBGRADE TO RECEIVE FILL
3.8.1 Removal of Topsoil and Debris: Areas to receive fill shall be cleared and/or grubbed, stripped of topsoil, and cleared of any debris left by demolition work and shall be inspected and approved by the Authority prior to beginning the fill operation.
3.9 MOISTURE CONTENT OF FILL MATERIAL
3.9.1 If fill material is too dry, cut areas shall be pre-wetted to raise the moisture content. If fill
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material is too wet, both cut and fill areas may require wind rowing or blending to dry the material. The moisture content of fill material shall be within ±3 percent of optimum
moisture content at the time of compaction. When granular materials are used the placement moisture content shall not be used as a criterion for acceptance of fill.
3.9.2 Fill material, which contains excessive moisture, shall not be compacted unless the material has dried and the moisture content is within the specified limits.
3.9.3 Fill material that is too dry, shall have moisture added and then be blended so that the moisture content is uniform throughout the thickness prior to compaction.
3.10 PLACEMENT OF GENERAL AND STRUCTURAL FILLS
3.10.1 Thickness: 3.10.1.1 Fill shall be placed in horizontal layers in thickness compatible to the material being placed, equipment used and the compaction requirements.
3.10.1.2 Unless otherwise approved by the Authority the loose thickness shall not exceed the following: 3.10.1.2.1 8 inches maximum loose lift thickness for compaction by self-propelled equipment.
3.10.1.2.2 3 inches maximum loose lift thickness for compaction by hand-operated equipment.
3.10.1.2.3 These lift thicknesses may be increased if the results of a test section prove that a thicker loose lift can be compacted to the required specified densities. The maximum loose lift thickness shall be 12 inches.
3.10.2 Placement: 3.10.2.1 Each layer of fill shall be evenly spread and moistened or aerated as required to achieve the
required moisture content.
3.10.2.2 Large continuous areas shall be uniformly filled to cover the entire length and width of the area to be filled before the next higher layer of material is placed. 3.10.2.3 The top surface of each layer shall be approximately level but shall have sufficient crown or cross fall to provide adequate drainage of water at all times during the construction period. The crown or crossfall shall be at least 1 in 50 (2 percent) but no greater than 1 in 20 (5 percent).
3.11 COMPACTING FILLS
3.11.1 Equipment:
3.11.1.1 Each layer of fill shall be compacted by tamping, sheepsfoot roller, pneumatic-tired roller,
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smooth drum steel-wheeled roller or other mechanical means acceptable to the Authority that will produce the specified compaction.
3.11.1.2 At locations where it would be, impractical because of inaccessibility to use self-propelled compacting equipment, fill layers shall be compacted using hand directed compaction equipment.
3.11.2 Providing a Bond Between Layers: When soils are used that develop a densely packed surface as a result of spreading or compacting equipment, the surface of each layer of fill shall be sufficiently roughened after compaction to ensure bond of the succeeding layer.
3.11.3 Inspection and Testing:
3.11.3.1 All work is subject to inspection and testing by the Authority. The Testing Service shall have access to the work at all times.
3.11.3.2 Each layer of compacted fill shall be tested before proceeding with the next layer.
3.11.3.3 It is the Contractor's responsibility to request inspection prior to proceeding with further work that would make parts of the work inaccessible for inspection.
3.11.3.4 If the fill material fails to meet the required density, the material shall be removed and replaced or reworked, altering the construction method as necessary to obtain the required density and compaction. Sufficient time shall be allotted between lifts for the necessary testing of the soils.
3.12 COMPACTION DENSITIES
3.12.1 The degree of compaction shall be expressed as a percentage of the maximum laboratory dry density obtained at optimum moisture content in accordance with ASTM D 698, ASTM D 1557 or, for cohesionless free-draining materials, the percentage of relative density in accordance with ASTM D 4253 and D 4254.
3.12.2 The minimum degree of compaction for fills for different areas is presented in Table 3.1.
The Contractor shall use data from the table, which are applicable to the project.
3.13 GRADING TOLERANCES
3.13.1 Lines and Grades: The acceptable deviation from lines and grades indicated on the Design Drawings shall be as shown in Table 3.2. The Contractor shall use data from that table which is applicable to the project.
3.13.2 Slopes shall be finished in conformance with the lines and grades shown on the Design
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Drawings. When completed, the average plane of a slope shall conform to the slope indicated on the Design Drawings and no point on the completed slope shall vary from the designated plane by more than 6 inches measured at right angles to the slope.
3.14 DUST CONTROL
The Contractor shall be responsible for obtaining a dust control permit. The Contractor shall be responsible for controlling dust caused by the grading operation in compliance with that permit. Water shall be applied uniformly and lightly to prevent muddy, slippery or other hazardous conditions. The application shall be frequent enough to adequately control the dust nuisance. However, excessive application that would affect compacting operations shall be avoided.
3.15 TEMPORARY SEDIMENT CONTROL DURING CONSTRUCTION
3.15.1 The Contractor shall be responsible for providing temporary facilities for the control of sediment in site area runoff during construction.
3.15.2 Silt fences, straw bale dikes and other temporary facilities shall be provided as required.
3.16 EROSION CONTROL
3.16.1 The Contractor shall be responsible for temporary protection of graded areas against erosion and for correction of erosion, which occurs.
3.16.2 Permanent topsoil and seeding or other erosion control measures specified on the Design Drawings shall be applied to completed slopes, ditches and other disturbed areas not subject to additional construction activities within 30 days of completion of the grading activity.
Table 3.1
MINIMUM DEGREE OF COMPACTION ASTM ASTM ASTM D 4253 D 1557 D 698 and D 4254 AREA (percent) (percent) (percent) Structural Fills Fills supporting structures (1) 95 98 85 Upper 3 feet of fills supporting roads or pavement 95 98 85 Drainage facilities (dikes, ditches, etc.) 90 95 80 General Fills General site fills 9() 95 80 Material Storage Area fills 90 95 80
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Notes:
(I) Structures include items such as plant equipment, buildings, switchyard equipment, tanks, walls, retaining walls and any other structures or equipment that are sensitive to settlement.
Table 3.2
ACCEPTABLE DEVIATION
Maximum Maximum Acceptable Acceptable Type of Installation Deviation From Deviation From Excavation or Fill Line (Feet) Grade(1 ) (Feet) General Earthwork Building Area ±0.3 +0.0 to -0.1 General Site Area ±0.3 ±0.2 Parking Lot ±0.3 ±0.1 Switchyard ±0.3 ±0.1 Material Storage Area ±0.5 +0.1 to - 0.3 Roads Road Embankment or Subgrade ±0.2 +0.1 to -0.0 Drainage Facilities
Permanent Drainage Channel ±0.3 0.0 to - 0.1
Slope Drainage Benches and Drainage Diversion 4.0.5 Dikes ±0.1
Notes (1) After initial settlement has taken place.
END OF SECTION
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CPR 459 - Poletti Screenwell Rehabilitation Rev. 0 – 9/15/2015
SECTION 02221
DEMOLITION – SERVICE PLATFORM
PART 1 GENERAL
1.1 SUMMARY
1.1.1 Section Includes:
1.1.1.1 Demolition of Service Platform Slabs
1.1.1.2 Removalofsteelpilesembeddedinsoilandunderwatercuttingofsteelpilessocketedinto rock1ft.below river bed.
1.1.1.3 Removing demolished materials and disposed of offsite.
1.2 PROJECT CONDITIONS
1.2.1 The Authority will be continuously occupying areas of site immediately adjacent to the demolition areas. Provide temporary barriers and other forms of protection as required to protect Authority's personnel from injury due to demolition work. Remove protection at completion of work.
1.2.2 Promptly repair any damage caused to adjacent facilities and surfaces by demolition work at no cost to the Authority.
1.2.3 Environmental Conditions:
1.2.3.1 Use water sprinkling to limit dust and dirt rising and scattering in the air. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding, and pollution.
1.2.4 Use of explosives will not be permitted.
1.2.5 Areas indicated to be demolished will be vacated before Start of Work.
1.2.6 NYPA assumes no responsibility for actual condition of Service Platform to be demolished.
1.2.7 Notify NYPA if any hazardous materials are excavated.
PART 2 - PRODUCTS
Not Used
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PART 3 - EXECUTION
3.1 EXAMINATION
3.1.1 Examine existing Service Platform, steel piles and other components indicated to be demolished before demolition.
3.1.2 Determine where removals may result in structural deficiency or unplanned structure collapse during demolition. Coordinate demolition sequence and procedures to prevent structures from becoming unstable. Inform NYPA of any situation of similar nature.
3.2 PREPARATION
3.2.1 Notify NYPA before starting work and comply with NYPA's requirements.
3.2.2 Do not close or obstruct roadways, sidewalks, and hydrants without permission.
3.2.3 Erect, and maintain temporary barriers and security devices, including warning signs and lights, and similar measures, for protection of the site personnel
3.2.4 Protect existing landscaping materials, trees, appurtenances, and structures indicated to remain.
3.2.5 Prevent movement or settlement of adjacent structures. Provide bracing and shoring.
3.2.6 Perform work within a turbidity barrier.
3.3 DEMOLITION REQUIREMENTS
3.3.1 Conduct demolition to minimize interference with adjacent structures and occupancies.
3.3.2 Cease operations immediately if displacement of adjacent structures is observed. Notify NYPA. Do not resume operations until directed.
3.3.3 Conduct operations with minimum interference to accesses to occupied adjacent structures. Maintain and protected egress and access from adjacent structures at all times.
3.3.5 Perform work in accordance with NYS DEC and USACE permits.
3.3.6 Sprinkle Work with water to minimize dust. Provide hoses and water connections required for this purpose.
END OF SECTION
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SECTION 02271
RIPRAP
PART 1 - GENERAL
1.1 EXTENT
1.1.1 Scope: This section covers material and installation requirements for Riprap.
1.1.2 Work Included: The work shall include the following items as indicated on the Design Drawings and as specified herein:
1.1.2.1 Perform work in accordancewith environmental permits.
1.1.2.2 Installation of Turbidity Barrier system
1.1.2.3 Surveying for alignment and grade.
1.1.2.4 Preparing the subgrade and placing bedding layer(s) and a geotextile as specified.
1.1.2.5 Furnishing riprap materials from an offsite source, including transportation to the site.
1.1.2.6 Placement of riprap.
1.2 REFERENCE DOCUMENTS
1.2.1 Related sections are referenced in this section. The referenced and applicable requirements of the latest edition of the documents listed herein shall be complied with.
1.2.2 ASTM -American Society for Testing and Materials:
1.2.2.1 C-29-Test Method for Unit Weight and Voids in Aggregate.
1.2.2.2 C-88 -Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate.
1.2.2.3 C-131 -Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine.
1.2.2.4 C-136 -Test Method for Sieve Analysis of Fine and Coarse Aggregates.
1.2.2.5 C-142 -Test Method for Clay Lumps and Friable Particles in Aggregates.
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1.2.2.6 C-535 - Test Method for Resistance to Degradation of Large Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine.
1.2.2.7 D448 -Classification for Sizes of Aggregate for Road and Bridge Construction.
1.2.3 AASHTO - American Association of State Highway and Transportation Officials.
1.2.3.1 T-103-Standard Method of Test for Soundness of Aggregates by Freezing and Thawing.
1.3 SUBMITTALS
1.3.1 Submittals: The Contractor shall submit the following documents at least 30 day prior to the scheduled placement of materials. 1.3.2 Riprap: Material Certificates signed by the material producer certifying that the following items comply with or exceed specifications:
Property ASTM Test Data Required 1. Sieve analysis for fine and coarse aggregates C-136 Percent passing selected sieves 2. Soundness of aggregates by use of sodium C-88 Percent Loss sulfate or magnesium sulfate
3.PercentCrushedFaces -- Percent
4. Unit Weight C-29 Unit Weight
5. Color - - Note color
6. Resistancetodegradationoflargesizecoarse C-131 PercentLoss aggregate by abrasion and impact in the Los or Angeles machine C-535
7. Clay lumps and friable particles in aggregate C-142 Percent
1.3.3 Proposed source of riprap, including supplier's name, address and phone number.
1.3.4 Submit samples when requested by the Authority.
1.3.5 Existing riprap meeting the riprap criteria may be reused with prior approval of Authority
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1.4 FIELD QUALITY CONTROL
1.4.1 Materials and installations shall be subject to inspections, tests and measurements conducted by an independent Testing Service employed by the Contractor.
Contractor shall cooperate with the Testing Service and allow reasonable and necessary opportunities and facilities for setting points and making measurements.
1.4.2 Contractor shall give the Authority reasonable notice of starting new work. Work shall not be done outside the agreed regular working hours without prior approval of the Authority.
Inspections, tests, and measurements made by the Authority's Independent Testing Service shall not relieve the Contractor of complying with requirements of this Specification.
PART 2 - PRODUCTS
2.1 ROCK FOR RIPRAP
2.1.1 Riprap material sizes and gradations are indicated in Table 2.1 by class of riprap.
2.1.2 The shortest dimension of any stone (width or thickness) shall be not less than 1/3 of the length of the stone.
2.1.3 Riprap shall consist of quarried or crushed stone with 100% of all faces angular or crushed, free from structural defects, laminations, seams, weak cleavage planes, and undesirable effects of weathering. Stone containing shale, unsound sandstone or any other material which will readily disintegrate under handling and placing or weathering, shall not be used. All material shall be clean and free from deleterious material and impurities, including earth, clay, or refuse.
2.1.4 Any stone, which is free from incipient fractures and seams and has given evidence of ability to withstand weathering after long exposure to the elements, shall be considered suitable for this purpose. Upon presentation of satisfactory evidence of ability to withstand weathering, such stone may be used without laboratory testing.
2.1.5 Riprap shall be subjected to the sodium sulphate soundness (ASTM C-88) test and shall show a loss, after five cycles, of not more than 15%. A material failing this test may be approved by the Authority if, when subjected to 50 cycles of freezing and thawing, it has a loss not greater than 15% (AASHTO T-103).
2.16 The unit weight of the riprap shall be not less than 160 pounds per cubic foot (ASTM C-29).
2.1.7 Riprap color shall be grey unless otherwise approved by the Authority.
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2.2 BEDDING MATERIAL
2.2.1 Geotextile bedding material as specified on the design drawings.
2.2.2 Aggregate Bedding Layer Material:
2.2.3 Aggregate bedding layer material gradations shall be as specified in Table 2.1
2.2.4 The material shall be well graded gravel, crushed rock or crushed concrete conforming to the specification gradation limits without significant deficiency in any size or group of sizes between the coarsest and finest particles. The material shall be reasonably free from flat, thin, or elongated pieces.
2.2.5 The material shall be relatively free from organic matter, shale, clay lumps, coal or lignite, or other objectionable matter. The total maximum percent deleterious material shall not exceed 1 percent (ASTM C-142).
2.2.6 The material shall not show a loss of more than 15 percent when subject to five cycles of the Sodium Sulfate Soundness Test (ASTM C-88).
2.2.7 The material shall not show a loss of more than 50 percent when subject to the Los Angeles Abrasion Test (ASTM C-131).
PART 3 - EXECUTION
3.1 RIPRAP THICKNESS AND BEDDING REOU1REMENTS
3.1.1 Perform all work within a turbidity curtain
3.1.2 Riprap thickness and bedding requirements shall be in accordance with Table 3.1. The class of riprap to use for each installation shall be as specified on the Design Drawings. 3.2 PLACEMENT OF GEOTEXTILE BEDDING
3.2.1 Preparation of Bearing Surface:
3.2.1.1 Compact, trim and dress the slope, ditch cross section, or other surface to receive riprap.
3.2.1.2 Immediately prior to placing geotextile, inspect bearing area and correct unacceptable conditions, (i.e., loose earth, organic material, dips, soft spots). 3.2.1.3 Obtain Authority's approval before placing geotextile.
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3.2.2 Placement of Geotextile:
3.2.2.3 The geotextile shall be placed in such a manner that placement of the overlying materials will not excessively stretch or tear the fabric. 3.2.2.4 The terminal ends of the geotextile shall be anchored in key trenches or aprons at the crest and toe of a slope. On slopes 3H:1V or flatter, 18 inch long anchoring pins placed 30 inches on center or key trenches may be used to anchor the terminal ends of the geotextile.
3.2.2.5 When placing geotextile on a slope or in a ditch, the geotextile sheets shall be overlapped in such a manner that the upstream sheet is placed over the downstream sheet and/or upslope over downslope sheets.
3.2.3 Splicing of Geotextiles:
3.2.3.1 Geotextile may be spliced by either sewing or overlapping. All splices shall be subject to the approval of the Authority. 3.2.3.2 If splicing by overlapping is used, the splices shall have a minimum overlap of 12 inches. Where the geotextile will be placed underwater, the overlap shall be a minimum of 3 feet.
3.2.3.3 Sewn splices shall be acceptable if the overlap is a minimum of 6 inches.
3.2.3.4 Contractor shall patch small rips, tears, or holes in the geotextile as allowed by he Authority. The patch shall be placed over the damaged area and extend a minimum of 3 feet beyond the perimeter of the hole, tear, or damage. Patches shall be secured with pins.
3.2.3.5 Do not place more geotextile than can be covered with riprap on the same day as placed. Until completion of the total installation, a strip 24 inches wide shall be left uncovered to allow for splicing on the next working day.
3.2.3.6 Unused portions of rolls or cut sections shall be protected from the elements by recovering with the protective covering. Geotextiles exposed to the elements for more than 14 days shall be removed from the Project Site.
3.3 PLACEMENT OF AGGREGATE BEDDING LAYER
3.3.1 Place aggregate bedding course to the full thickness indicated in Table 3.1 in one operation using methods, which will not cause segregation of particle sizes. Compaction of bedding course is not required; however, the surface shall be reasonably even and free from mounds or wind rows.
3.3.2 Aggregate bedding material shall not be dropped onto the geotextile bedding material from a height exceeding three feet.
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3.3.3 Granular bedding material placed under water shall be deposited directly on the foundation by means of a bucket or similar container. Discharging the material from above the surface of the water IS NOT PERMITTED.
3.3.4 The material placement shall begin at the toe of the slope and proceed up the slope.
3.4 PLACEMENT OF RIPRAP
3.4.1 Riprap shall be placed in designated areas to the lines, grades, and the minimum thicknesses indicated in Table 3.1. Riprap shall be placed to the full thickness in one operation, and the thickness shall not be less than the minimum at any point.
3.4.2 Riprap shall be placed by dragline, clamshell or similar equipment, which shall be operated so as to place each load of material in approximately its final position without reworking, and without excessive height of drop. Placing riprap in layers shall not be permitted. Placing stones by dumping into chutes or other methods which cause segregation of the various sizes shall not be permitted.
3.4.3 Placement operations, including handling, stockpiling and transporting, shall be accomplished in such manner as to produce a reasonably well graded mass of rock with minimum percentage of voids, free from objectionable pockets of small stones and clusters of large stones. The larger stones shall be well distributed and the entire mass of stones in their final position shall be roughly graded to conform to the gradation specified.
3.4.4 Riprap shall not be dropped onto the geotextile bedding or aggregate bedding layer from a height of more than 1 foot. Any geotextile damaged during placement shall be repaired or replaced at the Contractor's expense.
3.4.5 Stones shall be placed from bottom of embankment upward, and stone shall be placed such that the greater portion of their weight is carried by earth bedding and not by the adjacent stones.
3.5 TEMPORARY SEDIMENT CONTROL DURING CONSTRUCTION
3.5.1 The Contractor shall be responsible for providing temporary facilities for the control of sediment in site area runoff during construction.
3.5.2 Silt fences, straw bale dikes and other temporary facilities shall be provided as required.
3.6 THICKNESS TOLERANCE 3.6.1 Thickness determination shall be made at points selected by the Authority. When the average constructed thickness is less than 100% of the thickness specified on the Design Drawings, additional riprap shall be added to obtain the specified thickness.
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TABLE 2.1
RIPRAP GRADATION
CLASS CLASS PERCENT LARGER THAN, BY WEIGHT 30 1/4 1/2 D50 1 5 10 25 50 75 100 150 200 0 TON TON
APPROXIMATE EQUIVALENT DIAMETER (Inches) (1) SIZE, In. 2 D50 WEIGHT, Lb. (APPROX.) 1/2 4 6 8 10 -- 12 15 -- 18 21 27 95- 50- 5 4" 100 100 0-5 ------95- 50- 10 6" 100 -- 100 0-5 ------95- 50- 0- 25 8" -- 100 100 -- 5 ------95- 50- 50 10" ------100 100 0-5 ------95- 50- 100 12" ------100 100 -- 0-5 ------50- 165 15" ------100 0-5 -- -- 95- 50- 300 18" ------100 -- 100 0-5 --
1/3 Y 3 3 (1) D= ( 6W ) or w = s 3.1416 D - ASSUMED Ys = 160 FT 3.1416 Y s 6
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TABLE 2.2
AGGREGATE BEDDING LAYER MATERIAL GRADATION TABLE - BEDDING LAYER MATERIAL GRADATION Size Number Nominal Size U.S. STANDARD SIEVE, PERCENT PASSING - BY WEIGHT ASTM SQUARE # # D-448 OPENING 4" 31/2" 3" 21/2" 2" 11/2" 1" 3/4" 1/2" 3/8" 4 8 1 3 1/2"-11/2" 100 90-100 -- 25-60 -- 0-15 -- 0-5 -- -- 0 -- 24 2 1/2 - 3/4" -- -- 100 90-100 -- 25-60 -- 0-10 0-5 -- 0 --
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TABLE 3.1
RIPRAP THICKNESS AND BEDDING REQUIREMENTS MINIMUM RIPRAP ALTERNATE TO THICKNESS BEDDING LAYER CLASS (2) D50 D50 MINIMUM GEOTEXTILE GEOTEXTILE BEDDING AGGREGATE WEIGHT, SIZE, THICKNESS BEDDING BEDDING LAYER BEDDING lb. lb. (2) LAYER LAYER GRADATION LAYER (1) (APPROX) (3) NO. (4) THICKNESS
5 4" 6" Class 2 None None None 10 6" 9" Class 2 None None None 25 8" 12" Class2 None None None 50 10" 15" Class2 None None None 100 12" 18" Class 3 Class 2 24 6" 150 15" 24" Class 3 Class 2 1 8" N/A Use 300 18" 30" Alternate Class 2 1 8"
NOTES:
1. SEE TABLE 2.1 FOR GRADATION OF RIPRAP.
2. PROVIDE MINIMUM THICKNESS SHOWN IN TABLES UNLESS SHOWN OTHERWISE ON DESIGN DRAWINGS.
3. SEE DESIGN DRAWINGS FOR SPECIFICATIONS ON GEOTEXTILE BEDDING LAYER
4. SEE TABLE 2.2 FOR GRADATION OF AGGREGATE
END OF SECTION
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______SECTION 02541
TURBIDITY CONTROL
PART 1 GENERAL
1.1 DESCRIPTION
A. The Contractor shall install, maintain, and operate all measures necessary to contain all turbidity resulting from his activities.
B. Turbidity controls shall include but not be limited to a turbidity curtain enclosing the work area.
C. Any visible plume of cloudy water passing beyond the curtain from the enclosed work area shall constitute inadequate performance of the turbidity controls. The Contractor shall immediately modify, adjust, or repair the turbidity control measures to correct inadequate performance.
1.2 SUBMITTALS
A. Submit a Turbidity Control Plan at least 4 weeks prior to start of work. The plan shall provide a description of all turbidity control measures, proposed locations, materials, installation details, applicable inspection and monitoring procedures, applicable erosion and sediment control measures, and a proposed schedule for installation and removal of these measures.
B. Submit manufacturer’s product and installation details for the turbidity curtain.
PART 2 PRODUCTS
2.1 TURBIDITY CURTAIN MATERIALS
A. The turbidity curtain shall be a commercially available, preassembled system, including an impermeable curtain, flotation system, bottom weight, anchoring and securing mechanisms and, if assembled in panels, a secure mechanism for joining separate panels together.
B. Hemmed pockets shall be sewn of heat bonded to contain flotation material, bottom weights and for anchor lines. The flotation material shall maintain buoyancy if punctured of cut. The bottom weight shall be sufficient to hold the curtain in a vertical position. The curtain shall be capable of molding to conform to bottom contours so that suspended sediment is prevented from escaping underneath the curtain.
C. Anchorage lines shall be provided of sufficient strength and number to support the curtain and maintain it in position under normally expected conditions. End anchors shall be provided with intermediate anchor points (for stakes and anchors) such that unanchored spans do not exceed 100 feet and shall be sufficient to maintain the turbidity curtain in place. Where the turbidity curtain is constructed in panels, anchor-line and New York Power Authority Operations – Engineering 02541/Page 1 of 3 CPR 459 – POLETTI SCREENWELL REHABILITATION Rev. 0, 9/15/2015
______shackle connections securing the panels together shall be sufficient for normally expected current, wind or wave conditions.
D. Curtain height shall provide sufficient slack to allow the top of the curtain to rise to the maximum expected high-water level (including waves) while the bottom maintains continuous contact with the bottom of the water body, so as to prohibit escape of turbid water under the curtain.
E. If constructed in panels, panels shall be connected in such a manner as to prevent suspended particles passing through joints. Load lines shall be connected so as to develop the full strength of the line across the joint.
F. Flotation material shall be arranged so as to be flexible and to provide continuous support.
G. The flotation and curtain top shall be such as to provide a minimum of 4” of freeboard along the entire length of the curtain to prohibit escape of turbid water over the top.
PART 3 EXECUTION
3.1 TURBIDITY CURTAIN INSTALLATION
A. The turbidity curtain shall be installed in accordance with the manufacturer’s instructions. It shall be placed as close to the site of the disturbance as possible without interfering with the construction activity.
B. Turbidity curtain shall be installed and maintained in a manner that precludes entry of equipment, other than hand held equipment or boats to the water body outside the protected area.
C. The fully assembled turbidity curtain shall be prepared for installation by being furled and tied at intervals of 5 feet for the length of the curtain. It shall be placed and secured in the furled condition, then released to allow the bottom edge to sink.
D. Excess curtain material shall lay on the bottom, away from construction activity.
E. The ends of the installation shall be anchored securely to the shore or to the dam structure. Intermediate anchors of a type and number sufficient to hold the curtain in place under expected conditions shall be placed and firmly fastened to the top of the curtain assembly. Maximum spacing between anchorage points shall not exceed 100 feet.
3.2 MAINTENANCE
A. The turbidity curtain and all other turbidity control measures shall be inspected daily with additional monitoring of performance during storms or significant flow events.
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______3.3 REMOVAL
A. The turbidity curtain shall remain in place until the protected activities have ceased and the turbidity of the water enclosed is reduced to acceptable levels. The curtain shall be removed within 72 hours of this condition being met.
B. The turbidity curtain and all other turbidity control measures shall be removed in such a way as to minimize release of sediment.
END OF SECTION
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SECTION 02831
GALVANIZED CHAIN LINK FENCE
PART 1 - GENERAL
1.1 EXTENT
A. Scope:
This section describes the material, relocation of existing fence and the installation requirements for galvanized chain link fence.
B. Work Included:
The work shall include the labor, materials and required items as indicated on the Design Drawings and as specified herein:
1. Removal and relocation of a section of an existing chain link fence and installation of a similar new fence, with an extension arm consisting 3 strands of galvanized barbed wires. These shall be installed on top of the new parapet wall and retaining wall.
2. Furnishing all materials
3. Concrete anchorages for posts
6. Reinstallation of grounding wire and sensor, as required on the fence
7. Cleanup and disposal of debris offsite
1.2 REFERENCES
Related sections are referenced in this Section. The referenced and applicable requirements of the latest edition of the documents listed herein shall be complied with.
A. American Concrete Institute (ACI 318-14)::
1. ACI 301 – Structural Concrete for Buildings
B. American Society for Testing and Materials:
1. ASTM A121 – Metallic Coated Carbon Steel Barbed Wire
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2. ASTM A123 - Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products.
3. ASTM A153 - Zinc Coating (Hot-Dip) on Iron and Steel Hardware
4. ASTM A491 –Aluminum Coated Steel Chain-Link Fence Fabric
5. ASTM A824 - Metallic – Coated Steel Marcelled Tension Wire for Use with Chain Link Fence
6. C94 – Ready-Mixed Concrete
7. ASTM F552 - Terminology Relating to Chain Link Fence
8. ASTM F567 - Practice for Installation of Chan Link Fence
9. ASTMF626-FenceFittings
11. ASTM F1043 - Strength and Protective Coatings on Metal Industrial Chain Link Fence Framework
12 ASTM F1083 - Pipe, Steel, Hot-Dipped Zinc-Coated (Galvanized) Welded for Fence Structures
13. ASTM F1145 - Turnbuckles, Swaged, Welded and Forged
14. AWSD1.1 -AmericanWeldingCode
C. New York State Code and Federal Regulations:
1. 2011 -NewYork State BuildingCode
1. New York State Department of Labor, Industrial Codes
2. OSHA–29CFRPart1926SubpartP
1.3 FIELD QUALITY CONTROL
A. The Contractor will be responsible for all inspection work as required or as needed to ensure that fence work meets the requirements of this Specification and the Design Drawings. The Authority (NYPA) may, during the course of the work, observe the various phases of the work.
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B. The Authority shall perform a final inspection to assure conformance with this specification and the Design Drawings prior to acceptance of the work.
1.4 SUBMITTALS
A. A minimum of 30 days prior to installation of the fence, the Contractor shall provide manufacturer’s certifications that the following materials meet specifications:
1. Pipe for fence framework and posts certified to ASTM F1083
2. Chain Link fence fabric certified to ASTM A491
3. Barbed Wire certified to ASTM A121
B. Submittal of Details: A minimum of 30 days prior to installation, the Contractor shall provide manufacturer’s detailed shop drawing of the proposed fencing.
C. Submittals – Qualifications:
1. Welders Certificates: Submit certification for welders employed on the Work, verifying AWS qualification with the previous 6 months
2. Welding Inspectors: Submit certification for welding inspectors employed on the Work, verifying AWS qualification within the previous 12 months
3. Submit welding procedures and welding inspection records
1.5 APPROVED MANUFACTURERS
A. Allied Tube & Conduit Fence Division, Grimell Co., Harvey, IL 60426
B. American Security Fence Corp., Phoenix, AZ 85009
C. Anchor Fence, Inc., Baltimore, MD 21224
D. Cyclone Fence, U.S. Diversified Group, USX Corp., Chicago, IL 60633
E. Southeastern Wire, Division of Southeastern Corp., Tampa, FL 33601
F. Others as approved by the Authority
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1.6 JOB CONDITIONS:
A. The known structures, conduits, equipment, light poles, fence, and similar features located on or adjacent to the work areas are shown on the contract drawings. Such information is shown for the convenience of the contractor, but is not guaranteed to be complete or without errors. The sizes, elevations and locations of underground structures and utilities may be inaccurate, and other obstructions may be encountered.
B. Excavation shall be done with grounded equipment and such equipment shall be small enough to keep clear of the overhead conductors. Otherwise, use hand excavation to clear overhead conductors.
C. Hand excavation is required when working near energized equipment and buried cables and conduits.
PART 2 - PRODUCTS
2.1 TYPE OF FENCE:
A. The type of fence, including fence height, fabric selvage requirements, barbed wire requirements, and top and bottom support requirements to be used for each installation shall be designated in the Design Drawings.
2.2 PIPE FOR FENCE FRAMEWORK AND POSTS
A. Pipe for fence framework and posts shall be hot-dipped galvanized Schedule 40 seamless or electric resistance welded steel pipe in accordance with ASTM F1083.
B. Strength requirements of metal posts and rails for fence work shall be in accordance with ASTM F1043, Group 1A, round steel pipe.
C. See Design Drawings for sizes of fence posts, rails and braces
2.3 FENCE FABRIC
A. The chain link fence fabric shall be aluminum coated steel in accordance with ASTM A491
B. The fabric shall meet the following requirements:
1. 2-inch diamond mesh
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2. 9-gauge coated wire (0.148 inch diameter when coated)
3. The height of the fabric shall be as specified in the Design Drawings
4. End treatment for the fabric selvages shall be as specified in the Design Drawings
2.4 BARBED WIRE
A. The barbed wire shall be zinc-coated steel barbed wire in accordance with ASTM A121.
B. The barbed wire shall meet the following requirements:
1. Two strand-12 ½ gauge zinc-coated steel wire with 14 gauge-4 point round steel wire barbed spaced 5 inches on-center
2. Wire shall be zinc-coated before fabrication with a Class 3 coating (0.80 oz./square foot)
2.5 TURNBUCKLE
A. Turnbuckles shall be carbon steel with an open-turnbuckle body in accordance with ASTM F1145
B. Turnbuckles shall be zinc-coated with a minimum weight of coating of 1.2 oz./square ft.
2.6 FITTINGS AND ACCESSORIES
A. Fittings and accessories shall be manufactured in accordance with ASTM F626.
B. Posts and line caps, rail and end braces, U-Bolts and top rail sleeves shall be fabricated from pressed steel and zinc-coated with a minimum of 1.2 oz/sq. ft. of surface area
C. Tie wires for power-fastening chain link fabric to posts shall be 6-gauge steel wire and zinc-coated a minimum of 2.0 oz./sq. ft. of surface area
D. Tension bands shall be fabricated from 14-gauge pressed steel. Brace bands shall be fabricated from 12-gauge pressed steel. Both shall be zinc- coated with a minimum of 1.2 oz./sq. ft.
E. Tension (stretcher) bars shall be fabricated from merchant-quality steel
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strap and galvanized with a minimum of 1.2 oz./sq. ft. of zinc coating. Tension bars shall be one-piece lengths to the full height of the fence.
F. Truss rods shall be fabricated from 3/8 inch merchant-quality rod and hot-dipped galvanized after threading with a minimum of 1.2 oz./sq. ft. of zinc coating
G. Barbed wire arms shall be slanted arms, for three strands of barbed wires for each arm. Arms shall be fabricated from pressed steel and hot-dip galvanized with a minimum of 1.2 oz/sq. ft. of zinc coating
2.7 WALL FOUNDATION FOR POSTS
Install foundations for the posts as shown on the Design Drawings. Protect existing structures, paving, and fence from equipment and traffic.
2.8 CONCRETE (See Section 03300 Specifications)
A. Provide concrete to the following criteria:
1. Compressive Strength (28 days): 3000 psi 2. Slump: 3 to 4 inches 3. Maximum Water/Cement Ratio By Weight: 0.45 4. Minimum Cement Content (Pounds/Cubic Yard): 564 5. PercentAirContent:4%to6%
B. Ready Mix Concrete:
1. ASTM C94, from an approved automatic proportioning, central batch plant that is regularly engaged in the production of ready mix concrete. The plant shall conform to the applicable requirements of the “Concrete Plant Standard” of the Concrete Manufacturer’s Association. Automatic proportioning and mixing equipment approved by the New York State Department of Transportation (NYSDOT) is acceptable upon receipt of a certificate to this effect from the plant owner.
2. Use transit mix trucks that have been inspected by NYSDOT for mixing capacity, for the current year. Use an Independent Testing Facility acceptable to the Authority for preparing and reporting proposed mix designs. Submit written report to the Authority of the proposed mix design for approval prior to the start of work. Proportion mix by either laboratory trial batch or field experience methods. Mix shall be in accordance with ACI 301.
2.9 GRAVEL (IF REQUIRED)
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Gravel shall be white in color and shall meet the gradation requirements specified on the Design Drawings.
PART 3 EXECUTION
3.1 LAYOUT OF LINES AND GRADES
A. The Contractor shall perform layout work, and shall lay out lines and grades from base lines and benchmarks on property. The Contractor shall be fully responsible for correctness of such lines and grades
B. The Authority reserves the right to verify the correctness of lines and grades during progress of work. Such verification will not relieve Contactor of his responsibilities.
C. The Contractor shall notify the Authority of any differences in location of existing work from that indicated, wherever such differences may affect new work.
3.2 INSTALLATION
A. Installation of fence work shall conform to the requirements of ASTM F567, as indicated on the Design Drawings and as specified herein
B. Provide a terminal post at the free end of the fence
C. Post hole size and post embedment shall be as specified on the Design Drawings
D. Holes shall be accurately located so posts are centered in holes. After posts are set and plumbed, fill holes with concrete, with top of concrete extending 2 inches above ground, crowned to shed water and troweled to a smooth finish
E. Set posts in a vertical position, plumb and in-line
F. Dispose off excavated materials from posts holes adjacent to the hole or as directed by the Authority. Spread soil with a spade to eliminate mounds
G. Brace each pull post and terminal post back to adjacent line post with a horizontal brace rail and a diagonal truss rod with a turnbuckle. Truss from the line post back to the pull and terminal post.
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H. The brace shall be installed at the halfway point of the post above grade and the top rail
I. Support the top rail at each post so that a continuous brace from end to end of each stretch of fence is formed
J. Securely fasten the top rail to all pull and terminal posts
K. Splice lengths of rail with 7-inch long rail sleeves that allow for expansion and contraction
L. Install the bottom rail with the bottom 6 inches of the fabric
M. Securely fasten bottom rail to all pull, angle, corner and terminal posts
N. Support the bottom rail at each post so that a continuous brace from end to end of stretch of fence is formed
O. Place the chain link fabric on the outside of the area to be enclosed
P. Attach the fabric to terminal posts using a stretcher bar. Provide two stretcher bars for each end and pull posts. Attach the fabric to stretcher bars with metal bands on 15-inch center
Q. Place the fabric by securing one end and applying sufficient tension to remove all slack before making other attachments. The fabric shall be tightened to provide a smooth, uniform appearance free from sag
R. Cut the fabric by untwisting a picket and attaching each span independently to a terminal post
S. Erect the fence so that the fabric is a maximum 2 inches above the ground level
T. Fasten the fabric to the top rail, line posts, bottom rail, and braces with steel wire ties at 12 inches on center
U. Join rolls of wire fabric by weaving a single picket into the ends of the rolls to form a continuous mesh
V. For fences with barbed wire, the barbed wire shall be provided continuously along the entire top of the fence. Install extension arm for a 3-barbed wire support for each post. Pull the barbed wire taut to remove all sag, firmly install it in the slots in the extension arms, and secure it to a post or terminal arm
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3.3 FENCE ALTERATION
A. Remove any existing fence fabric from the framing of the fence section to be demolished
B. Remove any existing post, anchor bolts, existing top and bottom rails and/or tension wire, then modify and relocate/reuse, including ground & sensor cables, as required
C. Remove barbed wires and barbed wire arms
D. Install new posts on concrete foundations, top and bottom rails, new fence fabric, extension barbed 3-wire arms, new barbed wires and all necessary connectors and accessories as shown on the Design Drawings.
345 GROUNDING
Reconnect grounding wire to relocated and install to new fence sections. Details for this work shall be similar to existing grounding and sensor installation.
3.6 CLEAN UP
A. Upon completion of installation, NYPA will inspect entire installation. Correct all defective work
B. Adjust hardware for proper operation
C. Clean up all rubbish, debris, surplus materials, packaging and tools, and demolished fence and legally dispose of off site
______END OF SECTION
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SECTION 03200
CONCRETE REINFORCEMENT
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Reinforcing steel bars and accessories for cast-in-place concrete.
1.2 REFERENCES
Related sections are referenced in this section. The referenced and applicable requirements of the latest edition of the documents listed herein shall be complied with.
A. ACI 301 - Structural Concrete for Buildings.
B. ACI 318 - Building Code Requirements for Reinforced Concrete.
C. ACI SP - 66 - American Concrete Institute - Detailing Manual.
D. ASTM A615 - Deformed and Plain Billet Steel Bars for Concrete Reinforcement.
E. CRSI - Concrete Reinforcing Steel Institute Manual of Practice.
F. CRSI 63 - Recommended Practice For Placing Reinforcing Bars.
G. CRSI 65 - Recommended Practice For Placing Bar Supports, Specifications and Nomenclature.
H. ASTM A185 - Welded Plain Steel Wire Fabric for Concrete Reinforcement
I. ASTM A497 - Welded Deformed Steel Wire Fabric for Concrete Reinforcement
1.3 SUBMITTALS
A. Shop Drawings: Indicate bar sizes, spacings, locations, and quantities of reinforcing steel, bending and cutting schedules, and supporting and spacing devices.
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B. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.
1.4 QUALITY ASSURANCE
A. Perform Work in accordance with CRSI Manual of Standard Practice.
B. Submit certified copies of mill test report of reinforcement materials analysis.
C. Fabrication shall conform to the requirements of ACI 301.
D. Placement shall conform to the requirements of ACI 301 and ACI 117.
1.5 COORDINATION
A. Coordinate with placement of formwork, formed openings and other Work.
PART 2 - PRODUCTS
2.1 REINFORCEMENT
A. Reinforcing Steel: ASTM A615, 60 ksi yield grade, deformed billet steel bars.
B. Welded Wire Fabric: ASTM A497, 70 ksi yield grade, deformed steel wire
2.2 ACCESSORY MATERIALS
A. Tie Wire: Minimum 16 gage annealed type.
B. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for strength and support of reinforcement during concrete placement conditions including load bearing pad on bottom to prevent vapor barrier puncture.
2.3 FABRICATION
A. Fabricate concrete reinforcing in accordance with CRSI Manual of Practice.
B. Welding of reinforcement is not permitted.
C. Cut reinforcement to lengths such that lap splices are staggered.
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PART 3 - EXECUTION
3.1 PLACEMENT
A. Place, support and secure reinforcement against displacement. Do not deviate from required position.
B. Do not displace or damage vapor barrier, if required
C. Accommodate placement of formed openings.
D. Conform to ACI 318 Code and the contract drawings for concrete cover over reinforcement.
E. Move reinforcement bars within allowable tolerances to avoid interference with other reinforcement, conduit or embedded items.
F. Tie lap splices securely with wire to prevent displacement of splices during concrete placement. Minimum Class "B" lap splices.
G. Wire Fabric, where required:
1. Install in flat sheets only.
2. Lap adjoining sheets one full space between cross wire plus 2 inch minimum and tie lap with wire.
3. Offset end laps in adjacent widths to prevent continuous laps.
3.2 FIELD QUALITY CONTROL
A. Field inspection will be performed by the Authority. Notify the Authority when placement of reinforcing is substantially complete, inspected, and approved by the Contractor's Quality Control Inspector.
______END OF SECTION
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SECTION 03300
CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Cast-in-place Concrete
1.2 REFERENCES
Related sections are referenced in this section. The referenced and applicable requirements of the latest edition of the documents listed herein shall be complied with.
A. ACI 301 - Structural Concrete for Buildings.
B. ACI 302 - Guide for Concrete Floor and Slab Construction.
C. ACI 304R - Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete.
D. ACI 305R - Hot Weather Concreting.
E. ACI 306R - Cold Weather Concreting.
F. ACI 308 - Standard Practice for Curing Concrete.
G. ACI 318 - Building Code Requirements for Reinforced Concrete.
H. ANSI/ASTM D994 - Preformed Expansion Joint Filler for Concrete (Bituminous Type).
I. ANSI/ASTM D1190 - Concrete Joint Sealer, Hot-Poured Elastic Type.
J. ANSI/ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types).
K. ASTM C33 - Concrete Aggregates.
L. ASDTM 39 - Standard Test Method for Compressive Strength of Cylindrical Concrete
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M. ASTM C94 - Ready-Mixed Concrete.
N. ASTM 138 – Standard Test Method for Density, Yield and Air Content
O. ASTM 143 – Standard Test Method for Slump of Hydraulic Cement Concrete
P. ASTM C150 - Portland Cement.
Q. ASTM C260 - Air Entraining Admixtures for Concrete
R. ASTM C309 – Standard Specifications for Liquid Membrane Forming Compound for Curing Concrete
S. ASTM C467 - Standard Classification of Mullite Refractories
1.3 SUBMITTALS
A. Product Data: Provide data on joint devices, attachment accessories and admixtures.
B. Laboratory test reports: Submit copies of test reports for concrete cylinders, materials and mix design tests.
C. Delivery tickets: Furnish the Authority with batch tickets for each load of concrete delivered to the site.
1.4 QUALITY ASSURANCE
A. Perform Work in accordance with ACI 301.
B. Acquire cement and aggregate from same source for all work.
1.5 COORDINATION
A. Coordinate the placement of joint devices with erection of concrete formwork and placement of form accessories.
PART 2 - PRODUCTS
2.1 CONCRETE MATERIALS
A. Cement: ASTM C150, Type II.
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B. Fine and Coarse Aggregates: ASTM C33.
C. Water: Clean, potable, fresh water free from oil, acids, salt, alkali, sewage, organic matter, and other substances detrimental to concrete.
2.2 ADMIXTURES
A. Air Entrainment: ASTM C260.
B. Water Reducing Chemical: ASTM C494, Type A, D and E.
2.3 ACCESSORIES
B. Non-Shrink Grout (If Required): Premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents; capable of developing minimum compressive strength of 5,000 psi in 28 days such as Five Star Grout.
C. General purpose form release agents shall be non-staining. Immediately discontinue the use of any form agent which shows signs of forming stains or other unacceptable surface conditions.
2.4 CONCRETE MIX
A. Provide concrete to the following criteria:
1. Compressive Strength (28 days): 4000 psi. 2. Slump: 1 to 4 inches. 3. Maximum Water/Cement Ratio By Weight: 0.40 4. Maximum size of coarse aggregate: size 67 per ASTM C33 5. Fine Aggregate as per ASTM C33 6. Minimum Cement Content (Pounds/Cubic Yard): 600 7. Percent Air Content: 4% to 6% per ASTM C260 8. Submit Product Data for Admixtures
B. Add air entraining agent to normal weight concrete mix for all work.
C. Use an Independent Testing Facility acceptable to the Authority for preparing and reporting proposed mix designs.
D. Proportion mix by either laboratory trial batch or field experience methods. Mix shall be in accordance with ACI 301.
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E. Submit certified written reports to the Authority for approval on all proposed concrete design mixes at least 30 days prior to start of concrete work as per ACI 301, “Specifications for Structural Concrete for Buildings”. Such certified design mixes shall not be more than 24 months old as per ACI 318.
2.5 CURING MATERIALS
A. Curing materials shall conform to ACI 301.
B. Liquid membrane-forming compound: ASTM C 309
C. Burlap cloth: Federal Specification CCC-C 467
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify concrete cover over reinforcement meets specified requirements.
B. Verify that reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not cause hardship in placing concrete.
C. Check that all dirt, chips, sawdust, nails and other foreign materials has been completely removed from inside the formwork.
3.2 CONCRETE MIXING
A. Mix concrete with an approved rotating type batch machine, except where hand mixing of very small quantities may be permitted.
B. Remove hardened accumulations of cement and concrete frequently from drum and blades to assure acceptable mixing action.
C. Use quantities such that a whole number of bags of cement is required, unless otherwise permitted.
D. Concrete batch plants shall comply with ACI 304.
3.3 DELIVERY OF CONCRETE
A. The methods and equipment used for transporting concrete shall be such that concrete having the required composition and consistency will be delivered into the work without objectionable segregation or loss of slump. All concrete transporting and placing equipment shall be subject to approval
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by the Authority. Aluminum chutes shall not be used.
B. Concrete transported by truck mixer or truck agitator shall be in accordance with all applicable requirements of ASTM C 94.
C. Trucks shall be NYSDOT certified.
D. Concrete delivery tickets shall be time stamped and signed by NYPA representative.
3.4 PLACING CONCRETE
A. Place concrete in accordance with ACI 304.
B. Notify the Authority a minimum 24 hours prior to commencement of operations.
C. Existing concrete surfaces receiving new concrete shall be roughen to expose aggregate. The surface shall be cleaned of paint, dust, dirt, etc, prior to concrete placing.
D. Ensure reinforcement, inserts, embedded parts, and formed joint fillers are not disturbed during concrete placement.
E. Place concrete continuously between predetermined expansion and construction joints.
F. Do not interrupt successive placement; do not permit cold joints to occur.
3.5 CONCRETE FINISHING
A. Provide formed concrete surfaces to be left exposed with smooth rubbed finish.
B. Slab surfaces shall be steel trowel finished.
C. Where required in plans, chamfer ¾” x ¾” all exposed projecting corners of the concrete slab.
3.6 CURING
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A. No forms shall be stripped before a minimum of 12 hours. If forms are stripped within 24 hours, the surface shall be cured by moist curing or membrane curing. Concrete surfaces shall be cured according to ACI 301, ACI 308, and as specified herein. B. Water Curing: Newly placed concrete shall be kept continuously wet with nozzles, soaking hoses, or wet burlap for the first 7 days after the concrete has been placed. The curing water shall be clean and free of contaminating substances that will discolor the concrete.
C. Liquid-Membrane Method: Application shall be in accordance with manufacturer's written instructions and subject to the Authority's approval.
3.7 FIELD QUALITY CONTROL
A. Provide free access to Work and cooperate with appointed firm performing the inspection and testing.
B. Submit proposed mix design to the Authority for review prior to commencement of Work.
C. The following field test shall be performed by an Independent Testing Facility retained by the Contractor and test results submitted directly to NYPA.
1. Tests of cement and aggregates may be performed to ensure conformance with specified requirements.
2. Compressive Strength Tests: ASTM C39. One set of 6 cylinders for every 50 or less cubic yards placed each day.
3. Slump Tests: ASTM C143. One test for each load at point of discharge.
4. Air Content Tests: ASTM C231. One for every load at point of discharge.
5. Temperature: Note temperature of each load of concrete at point of discharge. Note air temperatures during placing period.
6. Unit weight for each compressive strength test shall be per ASTM C138.
3.8 PATCHING
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A. Allow Authority to inspect concrete surfaces immediately upon removal of forms.
B. Excessive honeycombs or embedded debris in concrete is not acceptable. Notify the Authority upon discovery.
C. Patch imperfections in accordance with ACI 301.
3.9 DEFECTIVE CONCRETE
A. Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances or specified requirements.
B. Repair or replacement of defective concrete will be determined by the Authority.
C. Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of Authority for each individual area.
3.10 HOT WEATHER PLACING
A. When hot weather conditions exist that would seriously impair the quality and strength of concrete, place concrete in compliance with ACI 305 and as herein specified.
B. Add cool ingredients before mixing to maintain concrete temperature at time of placement below 80oF when the temperature is rising and below 85oF. when the temperature is falling. Mixing water may be chilled, or chopped ice may be used to control the concrete temperature provided the water equivalent of the ice is calculated in the total amount of mixing water.
C. Cover reinforcing steel with water-soaked burlap if it becomes too hot, so that the steel temperature will not exceed the ambient air temperature immediately before embedment in concrete.
D. Wet forms thoroughly before placing concrete.
E. Do not place concrete at a temperature to cause difficulty from loss of slump, flash set, or cold joints.
F. Do not use set-control admixtures unless approved by the Authority in mix designs.
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G. Obtain Authority's approval of other methods and materials proposed for use.
3.11 COLD WEATHER PLACING
A. Protect all concrete work from physical damage or reduced strength which could be caused by frost, freezing actions, or low temperatures, in compliance with the requirements of ACI 306 and as herein specified.
B. When the air temperature has fallen to or may be expected to fall below 40oF., provide adequate means to maintain the temperature, in the area where concrete is being placed, between 50oF and 70oF for at least 7 days after placing. Provide temporary housings or coverings including tarpaulins or plastic film. Maintain heat and protection, if necessary, to insure that the ambient temperature does not fall more than 30o F. in the 24 hours following the 7 day period. Avoid rapid dry-out of concrete due to overheating, and avoid thermal shock due to sudden cooling or heating.
C. When air temperature has fallen to or is expected to fall below 45oF., uniformly heat all water and aggregates before mixing as required to obtain a concrete mixture temperature of not less than 60oF and not more than 85oF at point of placement.
D. Do not use frozen materials containing ice or snow. Do not place concrete on frozen subgrade or subgrade containing frozen materials. Ascertain that forms, reinforcing steel, and adjacent concrete surfaces are entirely free of frost, snow and ice before placing concrete.
E. Do not use salt and other materials containing antifreeze agents or chemical accelerators, or set-control admixtures, unless approved by the Construction Manager, in mix designs.
3.12 CONCRETE REPAIRS
A. Repair of Formed Surfaces
1. Repair exposed-to-view formed concrete surfaces, that contain defects which adversely affect the appearance of the finish. Surface defects that require repair include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, and holes left by the rods and bolts; fins and other projections on the surface; and stains and other discolorations that cannot be removed by cleaning.
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2. Repair concealed formed concrete surfaces that may contain defects that adversely affect the durability of the concrete. Surface defects that require repair include cracks in excess of 0.01 inch wide, cracks of any width and other surface deficiencies which penetrate to the reinforcement or completely through non-reinforced sections, honeycomb, rock pockets, holes left by tie rods and bolts, and spalls except minor breakage at corner.
3. Repair and patch defective areas with cement mortar immediately after removal of forms and as directed by the Authority.
4. Cut out honeycomb, rock pockets, voids over 1/2-inch diameter, and holes left by tie rods and bolts, down to solid concrete but, in no case, to a depth of less than 1 inch. Make edges of cuts perpendicular to the concrete surface. Before placing the cement mortar, thoroughly clean, dampen with water, and brush-coat the area to be patched with the specified bonding agent.
a. For exposed-to-view surfaces, blend white portland cement and standard portland cement so that, when dry, the patching mortar color will match the color of the surrounding concrete. Contractor shall impart texture to repaired surfaces to match texture of existing adjacent surfaces. Provide test areas at inconspicuous locations to verify mixture, texture and color match before proceeding with the patching. Compact mortar in place and strike off slightly higher than the surrounding surfaces.
5. Fill holes extending through concrete by means of a plunger-type gun or other suitable device from the least exposed face, using a flush stop held at the exposed face to ensure completely filling.
6. Sandblast exposed-to-view surfaces that require removal of stains, grout accumulations, sealing compounds, and other substances marring the surfaces. Use sand finer than No. 30 and air pressure from 15 to 25 psi.
B. Repair of Unformed Surfaces
1. Test unformed surfaces, such as slabs, for smoothness and to verify surface plan to the tolerances specified for each surface and finish. Correct low and high areas as herein specified.
2. Test unformed surfaces sloped to drain for trueness of slope, in addition to smoothness, using a template having the required slope. Correct high and low areas as herein specified.
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3. Repair finish of unformed surfaces that contain defects which adversely affect the durability of the concrete. Surface defects, as such, include crazing, cracks in excess of 0.01 inch wide or which penetrate to the reinforcement or completely through non-reinforced sections regardless of width, spalling, popouts, honeycomb, rock pockets, and other objectionable conditions.
4. Epoxy grout structural cracks.
5. Correct high areas in unformed surfaces by grinding, after the concrete has cured sufficiently so that repairs can be made without damage to adjacent areas.
6. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out the low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete.
7. Repair defective areas, except random cracks and single holes not exceeding 1 inch diameter, but cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts, and expose reinforcing steel with at least 3/4 inch clearance all around. Dampen all concrete surfaces in contact with patching concrete and brush with the specified bonding agent. Place patching concrete before grout takes its initial set. Mix patching concrete of the same materials and proportions to provide concrete of the same type or class as the original adjacent concrete. Place, compact and finish as required to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete.
8. Repair isolated random cracks, and single holes not over 1 inch diameter, by the dry-pack method. Groove the top of cracks, and cut out holes to sound concrete and clean of dust, dirt and loose particles. Dampen all cleaned concrete surfaces and brush with the specified bonding agent. Place dry-pack before the cement grout takes its initial set. Mix dry-pack, consisting of 1 part portland cement to 2-1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. Compact dry-pack mixture in place and finish to match adjacent concrete. Keep patched areas continuously moist for not less than 72 hours.
9. Repair methods not specified above may be used if approved by the Authority.
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END OF SECTION
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SECTION 03930
CONCRETE REHABILITATION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Protection requirements. 2. Concrete reinforcement repair. 3. Concrete surface repair and overlay. 4. Concrete surface sealing.
B. Related Sections: 1. Section 03200 – Steel Concrete Reinforcement. 2. Section 03300 – Cast-In-Place Concrete.
1.2 REFERENCES
Related sections are referenced in this section. The referenced and applicable requirements of the latest edition of the documents listed herein shall be complied with
A. ASTM International: 1. ASTM A185 - Standard Specification for Steel Welded Wire, Plain, for Concrete Reinforcement. 2. ASTM A615/A615M - Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement. 3. ASTM A996/A996M - Standard Specification for Rail-Steel and Axle-Steel Deformed Bars for Concrete Reinforcement. 4. ASTM C33 - Standard Specification for Concrete Aggregates. 5. ASTM C109/C109M - Standard Test Method for Compressive strength of Hydraulic Cement Mortars (Using 2-in. or (50 mm) Cube Specimens). 6. ASTM C150 - Standard Specification for Portland Cement. 7. ASTM C260 - Standard Specification for Air-Entraining Admixtures for Concrete. 8. ASTM C293 - Standard Test Method for Flexural Strength of Concrete (Using Simple Beam With Center-Point Loading). 9. ASTM C404 - Standard Specification for Aggregates for Masonry Grout. 10. ASTM C882 - Standard Test Method for Bond Strength of Epoxy- Resin Systems Used With Concrete By Slant Shear.
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11. ASTM C1042 - Standard Test Method for Bond Strength of Latex Systems Used With Concrete By Slant Shear. 12. ASTM D638 - Standard Test Method for Tensile Properties of Plastics. 13. ASTM D695 - Standard Test Method for Compressive Properties of Rigid Plastics. 14. ASTM D790 - Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials.
B. American Welding Society: 1. AWS D1.4 - Structural Welding Code - Reinforcing Steel 2. AWS D1.1 – Structural Welding Code – Structural Steel
1.3 SUBMITTALS
A. Product Data: Submit product standards, physical and chemical characteristics, technical specifications, limitations, maintenance instructions, and general recommendations regarding each material.
B. Samples: Submit color samples for patches exposed to view in finished construction and are required to match existing.
C. Manufacturer’s Instructions: Submit mixing instructions.
D. Manufacturer's Certificate: Certify products meet or exceed specified requirements.
E. Temporary dust control, debris and personnel protection covers and scaffolds.
1.4 QUALITY ASSURANCE
A. Field Examples: Prior to performing the Work of this Section, prepare a sample panel, or a portion of existing concrete, which is to be repaired, to represent each type of rehabilitation work required. Approved samples will be used as quality standards for the Work. Maintain approved samples at the site until the Work is completed.
B. Material Container Labels: Material containers shall bear the manufacturer’s label indicating manufacturer’s name, trade name of product, lot number, shelf life of product, and mix ratio (if applicable).
1.5 QUALIFICATIONS
A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years documented experience.
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B. Applicator: Company specializing in concrete repair with minimum five years documented experience and approved by manufacturer.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to the site in original, sealed containers. Do not deliver materials that have exceeded shelf life limitation set forth by the manufacturer.
B. Comply with manufacturer’s printed instructions for storing and handling materials.
1.7 PROJECT CONDITIONS
A. Environmental Requirements: Comply with the product manufacturer’s printed limitations and instructions.
B. Maintain 20 feet minimum clear distance from energized transmission lines. Obtain clearance from NYPA prior to working within 20 feet of transmission lines.
C. Protection Requirements: 1. A scaffold/net system shall be constructed from the working platform to catch any falling debris, dust, etc. Temporary covers shall be constructed over the open hatchways during construction for the prevention of debris falling into the river water below. If it may be required to install a temporary hatch cover, it shall be designed for 30 psf minimum live load. A weather tarp shall be placed over the temporary hatch covers at the end of each work day. 2. Safety harnesses, anchor points and other fall prevention devices shall be provided for worker safety. 3. Temporary barriers and fences shall be provided to prevent vehicles and personnel from entering the working area. Slab openings and open free edge of slab shall be equipped with similar barrier.
PART 2 - PRODUCTS
2.1 CEMENTITIOUS MORTAR MATERIALS
A. The following brand names are specified to establish product generic type and standard of quality. Other comparable products may be submitted for approval.
B. When choice of color is available, select color to match adjoining concrete.
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C. On horizontal and vertical surfaces when the repair areas are greater then 2 square feet, the repair patches shall be formed and repaired with cast-in- place concrete, see concrete material requirements in Section 03300.
D. For repair patches for all overhead concrete surfaces, and horizontal and vertical repair patches when 2 square feet or less, the following hand trowel patching compounds can be used: 1. Verticoat – Euclid Chemical Company 2. Emaco R300 CI - Master Builders/BASF Building Systems 3. Emaco R350 CI - Master Builders/BASF Building Systems Note: Patching material shall be a color to closely match existing concrete. Grey patching material is not acceptable.
E. Rebar Coating for all repair patches: 1. ECB - Conproco Corp. 2. Emaco P24 - Master Builders/BASF Building Systems.
F. Cleaning Agent, Bonding Agent/Primer: As recommended by the patching mortar manufacturer, including primer for the reinforcing steel and primer for the concrete substrate.
G. Water: Clean and potable.
H. Curing Agent: As recommended by the patching mortar manufacturer.
2.2 REINFORCEMENT MATERIALS
A. Reinforcing Steel: ASTM A615, 60 ksi yield grade billet-steel deformed bars.
B. Welded Wire Fabric: ASTM A185, Plain Wire, Galvanized, supplied in sheets.
2.3 JOINT MATERIAL (Selected from NYSDOT Approved Materials List)
A. Joint Filler: Asphalt impregnated fiberboard or felt or closed-cell foam meeting the requirements of ASTM D1751 or ASTM D1752.
B. Joint Sealant: Elastomeric polyurethane sealant/adhesive meeting the requirements of ASTM C920
C. Backer Material: Sealant backer rod or sheet shall meet the requirements of ASTM D5249.
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PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify surfaces are ready to receive work.
B. Beginning of installation means acceptance of substrate.
3.2 SURFACE PREPARATION
A. Prepare surfaces to be repaired in accordance with the design drawings.
B. Sandblast clean exposed reinforcement steel surfaces and concrete surfaces.
C. Clean all surfaces of dirt, laitance, corrosion, or other contamination; wire brush using water; rinse surface and allow to dry.
3.3 REPAIR WORK
A. Repair reinforcement by welding shall be lap splice or mechanical splice new bar reinforcement to existing reinforcement. Strength of splices to exceed original stress values of reinforcement.
B. If reinforcement is bowed out toward surface of the concrete, bend reinforcement back from surface or provide thicker patch to meet minimum concrete cover requirements.
3.4 COATING REBAR
A. Coat reinforcing as soon as possible after completion of surface preparation.
B. Place reinforcement coating complying with manufacturer’s printed instructions.
3.5 PATCHING CONCRETE
A. Patch concrete as soon as possible after completion of surface preparation.
B. Mixing Patching Mortar: Comply with mortar manufacturer’s printed instructions. Proportion components and sizes of aggregate as recommended by mortar manufacturer for the particular job conditions.
C. Patch concrete in accordance with the product manufacturer’s printed instructions.
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D. Coat contact surfaces of existing concrete and steel reinforcing with a bonding agent/primer as recommended in the product manufacturer’s instructions.
E. Bring patches out to the original surfaces in true planes. Finish patches to match texture of adjoining concrete as close as possible.
F. Cure patches in accordance with the product manufacturer’s printed instructions.
3.6 CLEANING
A. Clean up spatters and droppings from concrete repair operations.
B. Remove adhesive runs and spills from existing surfaces by a method which will not deface the surfaces being cleaned.
C. All blast media from sandblasting operation shall be containerized and the wash water shall be subject to waste characterization prior to disposal. Contaminated wash water shall not be discharged to the East River, but shall be collected and discharged to NYC Sewer System or collected and disposed of offsite at the direction of NYPA Engineer. Uncontaminated wash water , with no detergents, bleach or chlorination, which are filtered by hay bales/filter socks, etc., may be discharged to the storm sewer (East River).
3.7 PROTECTION
A. Protect repairs after placement in accordance with the product manufacturer’s printed instructions.
END OF SECTION
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