2027 Brine Hauling Contract-Final.pdf

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2027 Brine Hauling Contract
Solicitation number
2137280
Issued by
Dutchess County, New York

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2027 Brine Wastewater Hauling & Disposal Request for Bids

This is a Request for Bids issued by the Dutchess County Water and Wastewater Authority for an annual contract to remove and dispose of non-hazardous brine wastewater generated from the Shore Haven Water Treatment Facility in Holmes, New York. The brine is produced as backwash from water softeners used to remove iron and manganese from on-site source wells. The contractor must mobilize a tanker truck within 48 hours of notification to pump out the facility's brine tank, with removal operations limited to 8:00 a.m. to 4:00 p.m., Monday through Friday, due to the residential location. The facility is estimated to produce approximately 16,000 gallons monthly of brine requiring removal. Sealed bids must be submitted by 1:00 p.m. on Thursday, August 13, 2026, to the Authority office at 1 Lagrange Avenue, Poughkeepsie, New York 12603. Contract award is expected within 60 days of bid receipt. The contract term runs from January 1, 2027, through December 31, 2027.

Bidders must submit two pricing options: Option No. 1 for disposal at the Authority-owned Dalton Farms Wastewater Treatment Facility (estimated 85% of annual volume) at no disposal cost to the contractor, and Option No. 2 for disposal at an alternate non-hazardous waste facility of the contractor's choosing (estimated 15% of annual volume). Pricing shall be stated as cost per 1,000 gallons and must include all labor, equipment, fuel, transportation, demurrage charges, and disposal costs (for alternate facilities). All work is subject to New York State Department of Labor prevailing wage requirements under PRC number 2026018862 (valid through June 30, 2027) and requires certified payroll submissions. The contractor must hold a valid NYS Part 364 Waste Transporter Permit, obtain a Contractor Registry Certificate from the New York State Department of Labor, provide proof of insurance with the Authority named as additional insured, and submit a Certificate of Non-Collusion. Workers' compensation and comprehensive liability coverage of $1,000,000 each occurrence, $2,000,000 aggregate, plus $3,000,000 excess umbrella liability coverage are required. All required insurance certificates and W-9 forms must be filed within 15 days of bid award.

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Dutchess County Water and Wastewater Authority Request for Bids for 2027 Brine Wastewater Hauling & Disposal

NOTICE TO BIDDERS

Dutchess County Water and Wastewater Authority (hereinafter referred to as “Authority”) will accept Bids from Non-Hazardous Industrial-Commercial Waste Haulers for the 2027 Brine Wastewater Hauling & Disposal Agreement in accordance with the specification and requirements contained in this request.

INSTRUCTIONS TO BIDDERS

All Bids shall be sealed in a separate envelope distinctly marked “Bid for the 2027 Brine Wastewater Hauling & Disposal" and sent directly to the Authority office. In order to place a bid for this annual agreement, documents can be obtained in PDF form via Bid net, www.bidnetdirect.com, or via New York State Contract Reporter at www.nyscr.ny.gov. For bidding purposes, the Contract Documents must be obtained only from the Authority via Bidnet or Contract Reporter. Contract Documents obtained from any other source are for information only and the Bidder is advised that it assumes the responsibility for errors that may be a result of using such documents.

• The awarded contractor must hold a valid NYS Part 364 Waste Transporter Permit, inclusive of Non-hazardous Commercial/Industrial Waste and provide a copy prior to contract award.

• A Certificate of Non-Collusion must be submitted. The successful bidder shall execute a contract prepared by the Authority. The Authority Board reserves the right to reject all bids and advertise anew, if, in the judgement of the Board, it shall be in the best interest of the

Authority to do so.

• The awarded contractor shall submit a W-9 form, proof of insurance, and Workers Compensation forms as required in the Sample Contract, attached herein, and shall name the “Authority” as an additional insured on the general and auto liabilities. Within fifteen

(15) days of bid award, the W-9 and all insurance certificates must be on file.

• All work is subject to “Prevailing Wage” requirements of the New York State Department of Labor (NYS DOL) and requires submission of Certified Payroll. The Prevailing wages for this contract can be found on prevailing rate case (PRC) number: 2026018862, attached herein.

This PRC number is valid until June 31, 2027. The awarded vendor will receive a new PRC number on July 1, 2027.

• As of December 31, 2025 all contractors and subcontractors must electronically provide certified payroll records to the NYS DOL through their Certified Payroll portal. All Certified Payroll forms (form #WH-347) must be uploaded within 30 days of work completion to the NYS DOL website: www.dol.ny.gov/Electronic-Payroll. Please note that a pdf copy must also be submitted with the awarded vendor’s invoice to the DCWWA accounting department after work is completed.

• Work covered by the Scope of Services shall include all supervision, labor, transportation, fuel costs, equipment, “standing” (demurrage) charges, and any other expense necessary to perform any and all brine hauling services. To clarify: the rate that you state on the bid http://www.bidnetdirect.com/ http://www.nyscr.ny.gov/ http://www.dol.ny.gov/Electronic-Payroll form for Option No. 1 and Option No. 2 will be the rates that are to be charged on the invoice. No other costs/charges other than what is on the bid form will be honored. It is the responsibility of the Contractor to make sure they understand all aspects of the Scope of Services and bid documents before placing their bid.

• Submission of a NYS DOL Contractor Registration Certificate must be submitted along with the bid form and Non-Collusion form. The NYS DOL implemented a registration system for contractors and subcontractors as outlined in Labor Law Section 220-I for public works contracts effective December 30, 2024. The NYS DOL website to apply for a Contractor

Registration Certificate is www.dol.ny.gov/contractor-and-subcontractor-registry-landing.

All Contractors and Subcontractors must supply a $200.00 non-refundable fee at the time of registration and each certificate is valid for two (2) years.

• Request for prior years bid results should be addressed to the FOIL Officer thru direct mail, fax: 845-486-3656, or email: dcwwa@dutchessny.gov in accordance with the guidelines provided on the DCWWA website’s Frequently Asked Questions (FAQ) page at:

WWW.DCWWA.ORG.

• Questions must be sent to Carol Falcone prior to Tuesday, July 28, 2026 to the following email address: cfalcone@dutchessny.gov. Answers/clarifications asked during the bidding process will be uploaded via Addendum to Bidnet and Contract Reporter by Friday, July 31, 2026.

BID SUBMISSION

Bids must be submitted on the Authority Bid Form. Bids can be either mailed or hand-delivered. For hand delivery, there is a secure drop box located at the backdoor entrance within the back-parking lot that bids can be inserted. Bids shall be submitted in a sealed envelope addressed as follows:

Executive Director

1 Lagrange Avenue Poughkeepsie, NY 12603

Bid for the 2027 Brine Wastewater Hauling & Disposal

BID TIME

Bids shall be received at the office of the Dutchess County Water and Wastewater Authority until 1:00 P.M. (local time) on Thursday, August 13, 2026 at the 1 Lagrange Avenue, Poughkeepsie, NY 12603 address and at that time publicly opened and read aloud. Bids received after this day and time will not be considered. Bids will be reviewed, and the Contract will be awarded within sixty (60) days of receipt of bids.

BY ORDER OF THE DUTCHESS COUNTY WATER & WASTEWATER AUTHORITY

AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER

http://www.dol.ny.gov/contractor-and-subcontractor-registry-landing mailto:dcwwa@dutchessny.gov http://www.dcwwa.org/ mailto:cfalcone@dutchessny.gov

Attachment A

Scope of Services

SCOPE OF SERVICES

1.0 General

The Contractor will supply professional services for the removal and disposal of brine wastewater (generated as backwash by a water softener and non-hazardous) from the Shore Haven Water Treatment Facility, 11 Rocky Mountain Way, Holmes, NY 12531 in accordance with all applicable laws, rules, regulations and regulatory agencies, including but not limited to the United States Environmental Protection Agency (USEPA), NYS Department of Environmental Conservation (NYSDEC), NYS Department of Health (NYSDOH), Dutchess County Department of Behavioral and Community Health (DBCH), NYS Department of Transportation (DOT), and NYS Department of Motor Vehicles (DMV) This would also include Dutchess County Water and Wastewater Authority (“DCWWA”, the “Authority”) regulations and standards. The primary purpose of the water softener(s) at Shore Haven is for the removal of iron and manganese from the three on-site source wells.

2.0 Standard Services

• The Contractor shall ensure that their tanker truck is clean and empty of all liquid and debris prior to pumping the Authority’s brine water into their tanker truck from the Shore Haven Water Facility. The Authority reserves the right to verify this at the time of removal.

• The Contractor shall ensure that when disposing of the contents of its tanker truck at the Dalton Farms Wastewater Treatment Facility that it only contain brine water that has been pumped out of the Shore Haven Water Facility.

2.1 Description of Work

The procedure for removing and disposing of brine wastewater shall be as follows:

• The Authority will request a pump out from the Contractor when the brine wastewater tank has at least 3,500 gallons in it so that the Contractor will be able to remove a full load. Contractor must remove all contents of brine wastewater tank, i.e. no partial loads. The maximum load would be 4,000 gallons. The Contractor shall, within forty-eight (48) hours of notification from the Authority or its Contract Operator for the water system, mobilize a tanker truck to the site and pump out the brine wastewater tank. Access to the wastewater tank may need to be arranged in advance with the Authority and/or the Contract Operator for the water system.

• Because the site is located in a residential neighborhood, the pump out times will be limited to the hours of 8:00 a.m. to 4:00 p.m. Monday to Friday unless an alternate time is approved or required by the Authority.

• Once the Contractor has all hoses connected from the pump out to the tanker truck, the Contractor can then start pumping the waste brine from the waste tank. The Contractor shall check for leaks in the hoses and correct/repair as necessary and take all precautions to ensure that no brine wastewater leaks onto the ground at the site.

Work covered by these Scope of Services shall include all supervision, labor, equipment, fuel and transportation costs, “standing” (demurrage) charges, and any other expense necessary to pick up and remove brine wastewater from the

Shore Haven Water Treatment Facility, and to properly and lawfully dispose of said wastewater at either of the two locations stated in Section 2.2. To clarify:

the rate that you state on the bid form for Option No. 1 and Option No. 2 will be the rates that are to be charged on the invoice. No other costs/charges other than what is on the bid form will be honored. It is the responsibility of the

Contractor to make sure they understand all aspects of the Scope of Services and bid documents before placing their bid.

The unit price shall cover compensation per thousand gallons of brine wastewater removed and legally disposed of, including proper documentation of the volume of wastewater pumped from the tank. Costs involving transportation to and from the site and to the disposal point shall be included in the quoted cost. Contractor will be responsible for any testing that may be required for disposal of brine wastewater. For planning purposes, it is estimated, but not guaranteed, that the water treatment facility may produce an average of approximately 16,000 gallons per month of brine wastewater that may need to be removed by the Contractor from the site.

The Contractor must furnish their own licensed waste removal truck(s) for this work, and provide all labor, equipment, hoses and pumps required to connect to, pump out, and disconnect from the existing waste brine tank.

2.2 Disposal Sites

Dalton Farms Wastewater Treatment Facility Unless otherwise instructed, the Contractor will be called weekly by the Contract Operator or an Authority Operations Staff member to remove the brine wastewater from the Shore Haven Water Treatment Facility at 11 Rocky Mountain Way, Holmes, NY and dispose of it at the DCWWA owned Dalton Farms Wastewater Treatment facility located at 21 Recreation Road, Poughquag, NY at the proposed rate established in Option No. 1 of the proposal form.

Disposal will be made into the manhole just prior to the treatment facility. There will be no costs incurred to dispose of the brine wastewater at the Dalton Farms Wastewater Treatment facility. It is estimated that Eighty-five percent (85%) of the hauling/disposing for the year will be to the Dalton Farms Wastewater Treatment facility.

Alternate Disposal Site If the Dalton Farms Wastewater Treatment facility is at capacity the Contract Operator or an Authority Operations Staff member will instruct the Contractor to use Option No. 2 and legally dispose of the brine wastewater at an alternate facility of their choosing that accepts non-hazardous waste. It is estimated that fifteen percent (15%) of the hauling/disposing for the year will be to an alternate facility.

2.3 Additional Work

Any extra work required in addition to that covered by this Scope of Services or the prices bid, shall be authorized in writing by the Authority.

2.4 Building and Grounds

The Contractor shall take great care to not spill any brine wastewater on the ground at the site. All hoses shall be pumped dry before disconnecting and any additional material left in the hose or pump shall be containerized/captured and emptied into the tanker truck. Special precautions shall be taken to ensure safety of existing buildings and structures in the vicinity of the work site. The Contractor will be required to repair any damages it causes. Remove all debris and rubbish from the site during the progress of the work. On completion of the work, the premises shall be left in a clean, presentable condition.

Attachment B

Bid Form

Dutchess County Water & Wastewater Authority

2027 Brine Wastewater Hauling & Disposal Bid

Authority Bid Form

Company Name: _________________________________

Completed by: _________________________________

Signature/Title:

Phone Number: _________________________________

E-mail Address: _________________________________

Address: _________________________________

Option No. 1 - Disposal at Dalton Farms Wastewater Treatment Facility:

Cost per 1,000 gallons for Hauling and Disposing of Brine Wastewater (generated as backwash by a water softener) from the Shore Haven Water Treatment Facility to the DCWWA owned, Dalton Farms Wastewater Treatment Facility:

Option No. 1 Cost: $_______________/1,000 gallons__

Option No. 2 - Disposal at another Treatment Facility:

Cost per 1,000 gallons for Hauling and Disposing of Brine Wastewater (generated as backwash by a water softener) from the Shore Haven Water Treatment Facility to a different waste treatment facility of your choosing:

Option No. 2 Cost: $_______________/1,000 gallons__

*Note: Prices shall include all labor, disposal costs (if it’s to a site other than

Dalton Farms), “standing” (demurrage) charges, equipment charges fuel or transportation surcharges, and any other expense necessary to perform any and all brine hauling services for the duration of the contract.

*To clarify: the rate that you state for Option No. 1 and Option No. 2 will be the rates that are to be charged on the invoice. No other costs/charges other than what is stated for Option No. 1 and Option No. 2 will be honored. It is the responsibility of the Contractor to make sure they understand all aspects of the Scope of Services and bid documents before placing their bid.

Sample Standard Service Contract

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STANDARD SERVICE CONTRACT

The Dutchess County Water and Wastewater Authority (hereinafter referred to as the “Dutchess County

Water & Wastewater Authority”, the “Authority”, “DCWWA”) enters into this contract with (Contractor

Name and Address) hereinafter referred to as the “Contractor,” for the conduct of certain services, upon the following terms and conditions:

1. STATEMENT OF WORK. The Contractor shall use its best efforts to conduct the

Scope of Services indicated on Attachment “A”, which is incorporated herein and made part of this contract.

2. ESTIMATED COST. The cost (fees and/or expenses) for total service under this contract is detailed in Attachment “B”, the Authority Bid Form, and includes any related travel or out of pocket travel expenses.

3. PERIOD OF SERVICE. The period of service shall be from January 1, 2027 through

December 31, 2027 unless extended by mutual written contract or terminated in accordance with the terms of this contract.

4. PAYMENT. The Dutchess County Water & Wastewater Authority will pay Contractor for services that have been received and accepted by the Authority. The Contractor shall submit no later than the 5th day of each month a completed Authority Payment Voucher along with their invoice and any other documents the Authority requires, to process payment for the previous period. Should all documents required be found satisfactory, the Authority will schedule payment no later than the 5th day of the following month.

5. GENERAL PROVISIONS. It is understood that this Contract is for services and is not for employment, and that the Contractor is not to be considered an employee of the

Dutchess County Water & Wastewater Authority.

6. HOLD HARMLESS. The Contractor agrees to protect, save and hold harmless and indemnify the Dutchess County Water & Wastewater Authority against any and all costs

(including attorney’s fees) and liability whatsoever for injury to or death of any person or persons, including but not limited to contractor and/or contractor’s employees, or for loss or for damage to any property, occurring in connection with or in any way incident to this contract. The Contractor shall have and submit proof of insurance as follows and shall name the “Dutchess County Water and Wastewater Authority” as an additional insured on ALL policies except Workers Compensation :

a. Workers’ Compensation and disability benefits covering employees or agents at statutory levels as required by law. For ALL out of NYS contractors, the

Certificate of Insurance must also state: “This policy is extended to cover the insured’s operation and locations while working in the State of New York and benefits will be paid under the New York Workers’ Compensation Law”. Any of the following are acceptable Workers Compensation forms that need to be submitted as proof of benefits: C105.2 or U-26.3. An Acord form listing the coverage dates is not acceptable proof of Workers Compensation.

b. Comprehensive General and Employer’s Liability including premises – operation, explosion and collapse, underground hazard, product/completed operations hazard, contractual insurance, board form property damage, independent contractors and personal injury written on an occurrence basis -

$1,000,000 each occurrence, $2,000,000 total aggregate, which shall include a

$1,000,000 aggregate for pollution incidents.

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c. Automobile Liability - $1,000,000 combined single limit bodily injury and property damage covering motor vehicles owned, non-owned, hired or otherwise used by, or furnished for, or used in connection with, the services provided.

d. Excess Liability Coverage – in an umbrella form in the amount of $3,000,000 per occurrence, $3,000,000 aggregate, which shall include a $3,000,000 aggregate for pollution incidents.

For General Liability, wavier of subrogation in favor of the Dutchess County Water and

Wastewater Authority shall apply and be noted on the Certificate of Insurance.

Within fifteen (15) days of bid award, the successful bidder shall provide the Dutchess

County Water and Wastewater Authority with all required insurance certificates.

The Contractor shall maintain all required insurance coverages for the life of the contract, up until and including, the issuance of final payment to the Contractor by the Dutchess

County Water & Wastewater Authority.

7. TERMINATION. This contract shall terminate upon full performance of the services state in Attachment A. Either party may terminate this contract upon written notice to the other party.

8. NOTICE. Except as otherwise provided in this agreement, notice required to be given pursuant to this Agreement shall be made in writing and addressed to the following parties:

Executive Director

Dutchess County Water & Wastewater Authority

1 LaGrange Avenue

Poughkeepsie, NY 12603

9. CHOICE OF LAW, VENUE. Any dispute arising from this Agreement shall be determined pursuant to the laws of the State of New York. The parties hereby choose the

New York State Supreme Court, Dutchess County as the forum for any such dispute.

10. ENTIRE AGREEMENT. The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties. Any modification, rescission or waiver of the terms of this Agreement must be in writing and executed and acknowledged by the parties with the same formalities accorded this basic Agreement.

(Contractor Name) Dutchess County Water and

Wastewater Authority

Contractor Executive or Deputy Director

Dated: __________________________ Dated: ________________________

Non-Collusion Form

NON-COLLUSIVE PROPOSAL CERTIFICATION

PURSUANT TO SECTION 103-D OF THE GENERAL MUNICIPAL LAW, STATE OF NEW YORK

By submission of this proposal the proposer certifies that:

A. This proposal has been independently arrived at without collusion with any other proposer or without any competitor or potential competitor.

B. This proposal has not been knowingly disclosed prior to the opening of proposals for this project to any other proposer, competitor, or potential competitor.

C. No attempt has been or will be made to induce any other person, partnership, or corporation to submit or not to submit a proposal.

D. The person signing this proposal certifies that (s)he has fully informed (her)himself regarding the accuracy of the statements contained in this certification and under penalties of perjury, being applicable to the proposer as well as the person signing in its behalf.

Name of Proposer

By (Signature)

(Printed or Typed Name)

Title

Date

STATE OF NEW YORK:

COUNTY OF _____________________:

On this _______________day of__________________________, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared ____________________________________ to me personally known or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or person upon behalf of which the individual acted, executed this instrument.

Notary Public

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 Rate Case Number (PRC#) has been assigned to the schedule(s) for your project.

The schedule is effective from July 2026 through June 2027. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.ny.gov. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website.

It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages.

Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction.

Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website.

NOTICE OF COMPLETION / CANCELLATION OF PROJECT

Date Completed: Date Cancelled:

Name & Title of Representative:

Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.ny.gov. PW 200 Ask.PWAsk@labor.ny.gov

Kathy Hochul, Governor Roberta Reardon, Commissioner

Dutchess County Water Authorit

Carol Falcone, Contract Specialist 1 Lagrange Ave.

Poughkeepsie NY 12603

Schedule Year 2026 Date Requested 07/01/2026

PRC# 2026018862

Location Shore Haven Water facility Project ID# Brine Project Type Annual contract to remove and dispose of brine from our Shore Haven facility

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.

Contractor Registry

Effective December 30, 2024 all contractors and subcontractors submitting bids or performing construction work on public work projects, or private projects covered by Article 8 of the Labor Law, are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i. To register, contractors and subcontractors must submit an application through NYSDOL’s Contractor Registry portal which is available through the agency’s Management System for Protecting Worker Rights (MPWR) https://mpwr-public.labor.ny.gov/en/login.

For additional information, please visit online.

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.

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 12226; Fax to Bureau of Public Work (518) 485-1870; or electronically at the NYSDOL website www.labor.ny.gov.

Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.ny.gov.

The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website www.labor.ny.gov.

Payrolls and Payroll Records

Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. As per Article 6 of the Labor law, contractors and subcontractors are required to establish, maintain, and preserve for not less than six (6) years, contemperaneous, true, and accurate payroll records. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Address, Last 4 Digits of Social Security Number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification.

The filing of payrolls to the Department of Jurisdiction is a condition of payment.Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall collect, review for facial validity, and maintain such payrolls.

In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records include, but are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite.

The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor.

All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law.

All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8 . Section 220-a).

Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties

The wages and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1st.

When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover periods of time beyond the July 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informational ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period.

Withholding of Payments

When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination.

When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract.

Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor.

The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld.

Summary of Notice Posting Requirements

The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches.

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 12226 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.

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:

Contract Type:

[ ] (01) General Construction [ ] (02) Heating/Ventilation [ ] (03) Electrical [ ] (04) Plumbing [ ] (05) Other :

Amount of Contract: $

Approximate Starting Date: - - - - /- - - - /

Approximate Completion Date: - - - - /- - - - /

Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12226 www.labor.ny.gov. PW 16 Ask.PWAsk@labor.ny.gov

Kathy Hochul, Governor Roberta Reardon, Commissioner

Dutchess County Water Authorit

Carol Falcone, Contract Specialist 1 Lagrange Ave.

Poughkeepsie NY 12603

Schedule Year 2026 Date Requested 07/01/2026

PRC# 2026018862

Location Shore Haven Water facility Project ID# Brine Project Type Annual contract to remove and dispose of brine from our Shore Haven facility

Carol Falcone Typewriter 06-1391475

Carol Falcone Typewriter TAM Enterprises, Inc.

Carol Falcone Typewriter 114 Hartley Rd.

Carol Falcone Typewriter Goshen

Carol Falcone Typewriter

NY

Carol Falcone Typewriter 10924

Carol Falcone Typewriter Jan

Carol Falcone Typewriter

Carol Falcone Typewriter

Carol Falcone Typewriter Dec.

Carol Falcone Typewriter

Carol Falcone Typewriter

Carol Falcone Typewriter X

Carol Falcone Typewriter Brine hauling

Carol Falcone Typewriter The Cost fluctuates through-out the year at $160/thousand gallons

Social Security Numbers on Certified Payrolls:

The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors' concern regarding inclusion of this information on payrolls if another identifier will suffice.

For these reasons, the substitution of the use of the last four digits of the social security number on certified payrolls submitted to contracting agencies on public work projects is now acceptable to the Department of Labor. This change does not affect the Department's ability to request and receive the entire social security number from employers during its public work/ prevailing wage investigations.

Construction Industry Fair Play Act: Required Posting for Labor Law Article 25-B § 861-d

Construction industry employers must post the "Construction Industry Fair Play Act" notice in a prominent and accessible place on the job site. Failure to post the notice can result in penalties of up to $1,500 for a first offense and up to $5,000 for a second offense. The posting is included as part of this wage schedule. Additional copies may be obtained from the NYS DOL website, https://dol.ny.gov/public-work-and-prevailing-wage If you have any questions concerning the Fair Play Act, please call the State Labor Department toll-free at 1-866-435-1499 or email us at: dol.misclassified@labor.ny.gov .

Worker Notification: (Labor Law §220, paragraph a of subdivision 3-a)

Effective June 23, 2020

This provision is an addition to the existing wage rate law, Labor Law §220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage and supplement rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her job classification. The required notification will be provided with each wage schedule, may be downloaded from our website www.labor.ny.gov or be made available upon request by contacting the Bureau of Public Work at 518-457-5589. *In the event the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice.

(12.20)

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 12226

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.

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…

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