2027 Pump Station Wet Well Cleaning Bid docs-Final.pdf

Dutchess County Water and Wastewater Authority Request for Bids for 2027 Pump Station and Wet Well Cleaning and Disposal

NOTICE TO BIDDERS

Dutchess County Water and Wastewater Authority (hereinafter referred to as “Authority”) will accept bids for the 2027 Pump Station and Wet Well Cleaning and Disposal annual 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 Pump Station, Wet Well Cleaning and 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 364/381 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: 2026018965, 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 services. To clarify: the rates that you state on the bid form will be the http://www.bidnetdirect.com/ http://www.nyscr.ny.gov/ http://www.dol.ny.gov/Electronic-Payroll

Request for Bids for 2027 Pump Station and Wet Well Cleaning and Disposal 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

Any questions/clarifications can be e-mailed in writing to Carol Falcone, Contract Specialist, cfalcone@dutchessny.gov. No phone calls please. Deadline for questions is 4:00pm, Thursday, September 03, 2026. Responses will be issued via Addendum and uploaded to Bidnet and Contract Reporter by Friday, September 04, 2026 if there were any questions asked. It is the responsibility of the bidder to locate and read any Addendums issued.

BID SUBMISSION

Bids must be submitted on the Authority Bid Form. A Certificate of Non-Collusion also must be submitted along with a Contractor Registration 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 Pump Station, Wet Well Cleaning and Disposal

BID TIME

Physical Bids shall be received at the office of the Dutchess County Water and Wastewater Authority until 1:00 P.M. (local time) on Thursday, September 10, 2027 at the 1 Lagrange Avenue, Poughkeepsie, NY 12603 address. 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.

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

Request for Proposals for 2027 Pump Station and Wet Well Cleaning and Disposal

Attachment A

Scope of Services

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SCOPE OF SERVICES

1.0 General

The Contractor will supply professional services for the Removal and Disposal of

Sewage/Sludge at multiple DCWWA facilities 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), Dutchess County Division of

Solid Waste Management, 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.

Sites to be serviced include, but not limited to:

1. Chelsea Cove Wastewater Treatment Facility

94 Miller Road

Hopewell Junction, NY 12533

2. Dalton Farm Wastewater Treatment Facility

21 Recreation Road

Poughquag, NY 12570

3. Fairways Wastewater Treatment Facility

13 Tee Lane

Red Hook, NY 12571

4. Greenfields Wastewater Treatment Facility

9 Windmill Road

Hyde Park, NY 12601

5. Pinebrook Wastewater Treatment Facility

225 Pinebrook Drive

Hyde Park, NY 12538

6. Valley Dale Wastewater Treatment Facility

68 Forest Valley Road

Pleasant Valley, NY 12569

7. Vanderburgh Cove Wastewater Treatment Facility (both North & South facilities)

Cove Road

Rhinebeck, NY 12572

8. Tivoli Wastewater Treatment Facility

26 Public Works Rd.

Tivoli, NY 12583

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9. Obercreek Wastewater Treatment Facility

45 Marlorville Road

Wappingers Falls, NY 12590

2.0 Standard Services

Contractor shall have the ability to haul 24,000 gallons within an 8-hour period, within forty-eight (48) hours of notification from the Authority, or its Contract Operator for the wastewater facility, the Contractor shall have the ability to mobilize to the site. Access to the pump station(s) may need to be arranged in advance with the Authority and/or the

Contract Operator for the wastewater facility.

Because the site (s) are located in residential neighborhoods, the pump station and wet well cleanings 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.

Work covered by this Scope of Services shall include all supervision, labor, equipment, transportation and fuel costs, and any other item of expense necessary for cleaning of the multiple facilities and to properly and lawfully dispose of said debris. All documentation, including copies of waste manifests and disposal tickets, shall be furnished to the

Authority upon completion of each job and with all payment requests.

The unit price shall cover compensation of a four (4) hour work day, an eight (8) hour work day, and a hauling and disposal cost of per thousand gallons of sludge and/or wastewater to be removed and legally disposed of, including proper documentation.

Costs involving transportation to and from the site and to the disposal point shall be included. Contractor will be responsible for any testing that may be required for disposal of debris

The Contractor must furnish their own licensed waste removal truck(s) for this work, and provide all labor, equipment, hoses, and pumps required to perform required cleaning and disposal.

All work is subject to “Prevailing Wage” requirements of the New York State

Department of Labor and requires submission of Certified Payroll. The prevailing rate case number is attached herein.

2.1 Description of Work

A. Sludge Hauling:

The procedure for the disposal of debris shall be as follows:

• The work shall include the removal and disposal of sewage/sludge at multiple facilities located throughout the Dutchess County Water and

Wastewater Authority service area.

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• Once the hatch is open, fall prevention devices will be placed over the hatch opening and a quick review of the wet well will be performed to determine the optimal locations for sludge removal operations.

B. Cleaning of Wet Well:

The procedure for the cleaning of the Wet Well shall be as follows:

• The water level in the wet well will be lowered by starting the pumps. The atmosphere shall be monitored during lowering of the water level.

• Once the Contractor has all tubes and hoses connected from the pump stations, wet wells, or mud wells to the jet/vac truck, the Contractor can then start pumping the sludge from the wet well. The Contractor shall check for leaks in the tubes and hoses and correct/repair as necessary and take all precautions to ensure that no sludge and/or wastewater leaks into atmosphere or ground surface.

• The Contractor shall clean and remove all debris from the pump stations, wet wells, mud wells, walls, slabs, piping, valves, floats, ladders, and rails.

2.2 Safety

Atmospheric testing is required for two distinct purposes: evaluation of the hazards of the permit space and verification that acceptable entry conditions for entry into that space exist.

(1) Evaluation testing. The atmosphere of a confined space should be analyzed using equipment of sufficient sensitivity and specificity to identify and evaluate any hazardous atmospheres that may exist or arise, so that appropriate permit entry procedures can be developed and acceptable entry conditions stipulated for that space. Evaluation and interpretation of these data, and development of the entry procedure, should be done by, or reviewed by, a technically qualified professional (e.g., OSHA consultation service, or certified industrial hygienist, registered safety engineer, certified safety professional, certified marine chemist, etc.) based on evaluation of all serious hazards.

(2) Verification testing. The atmosphere of a permit space which may contain a hazardous atmosphere should be tested for residues of all contaminants identified by evaluation testing using permit specified equipment to determine that residual concentrations at the time of testing and entry are within the range of acceptable entry conditions. Results of testing (i.e., actual concentration, etc.) should be recorded on the permit in the space provided adjacent to the stipulated acceptable entry condition.

(3) Duration of testing. Measurement of values for each atmospheric parameter should be made for at least the minimum response time of the test instrument specified by the manufacturer.

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(4) Testing stratified atmospheres. When monitoring for entries involving a descent into atmospheres that may be stratified, the atmospheric envelope should be tested a distance of approximately 4 feet (1.22 m) in the direction of travel and to each side. If a sampling probe is used, the entrant's rate of progress should be slowed to accommodate the sampling speed and detector response.

(5) Order of testing. A test for oxygen is performed first because most combustible gas meters are oxygen dependent and will not provide reliable readings in an oxygen deficient atmosphere. Combustible gases are tested for next because the threat of fire or explosion is both more immediate and more life threatening, in most cases, than exposure to toxic gases and vapors. If tests for toxic gases and vapors are necessary, they are performed last. (OSHA, 1910.146

App B, Procedures for Atmospheric Testing)

2.2.1 Confined Space Entry

Before workers can enter a confined space, the Contractor is responsible for providing an on-site competent person, identifying the means of entry and exit, proper ventilation methods, and elimination or control of all potential hazards in the space. The Contractor shall also ensure that the air in a confined space is tested before workers enter, for oxygen levels, flammable and toxic substances, and other hazardous atmospheric conditions.

Entry into a permitted confined space requires compliance to OSHA 1910.146.

All entrants, and supervisors shall provide verification of acceptable OSHA compliant confined spaced entry training. Contractor shall provide an entry plan that includes emergency retrieval procedures.

The Contractor is also responsible for effective on-site communication and shall also ensure that unauthorized workers do not enter confined spaces. Contractor must take all necessary steps to keep workers safe in confined spaces, including following the OSHA Construction Confined Spaces standard. Contractor shall wear the required PPE and provide the proper training on its use and about any related hazards before the work starts or any confined entries are made.

Costs involving all confined space entries and associated equipment shall be included.

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 via a separate Public

Works Contract.

**** Please note that any additional repair services that are needed beyond the

Scope of Service detailed in Section 2 will NOT be automatically awarded to the contractor who is awarded this contract. With each additional repair service

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2.4 Building and Grounds

The Contractor shall take great care to not spill any sludge and/or wastewater on the ground at the site. All tubes and hoses shall be pumped dry before disconnecting and any additional material left in the hose or pump shall be captured and containerized.

Special precautions shall be taken to ensure safety of existing buildings and structures on the site, including hydrants, fences, gates, lawn areas, trees, and other items in the vicinity of the work site. The Contractor shall take special care to avoid driving in areas that will cause damage to lawn areas as the Contractor will be required to repair such areas.

Remove all debris and rubbish from the site as fast as it accumulates during the progress of the work. On completion of the work, the premises shall be left in a clean, presentable condition.

3.0 Emergency Services

All emergency situations that occur, whether inside or outside of the normal business hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, shall have a one (1) to two (2) hour response time. Work shall be performed as Emergency Work only when it is necessary to make an immediate, temporary, or permanent repair. Emergency Work will require a separate Public Works Service Order (PWSO). All other issues shall be addressed during routine maintenance and service visits.

** Please include your costs for Emergency Services and if cancellation of Emergency Services prior to arrival would incur a cancellation fee.

Authority Bid Form

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Company Name: _________________________________

Completed by: _________________________________ Signature/Title:

Phone Number: _________________________________

E-mail Address: __________________________________

Address: _________________________________

Parts 1 & 2 may be awarded separately

PART ONE – Sludge Hauling

Cost per 1,000 gallons for hauling and disposing of sludge and/or wastewater from all Ten (10) of the

DCWWA owned Wastewater Treatment Facilities: **Prices shall include all labor, confined space entries, disposal costs, “standing” (demurrage) charges, equipment charges, transportation and fuel surcharges and any other expense necessary.

$_____________/1,000 gallons

* Total Estimated Annual Gallons = 855,000 gallons

Chelsea Cove - Sludge hauling is estimated to be between 12,000 and 24,000 gallons per month.

Dalton Farms - Sludge hauling is estimated to be between 8,000 and 20,000 gallons per month.

Fairways - Sludge hauling is estimated to be 20,000 gallons per year.

Greenfields - Sludge hauling is estimated to be 8,000 gallons per month.

Pinebrook - Sludge hauling is estimated to be 4,000 gallons every four (4) months.

Valley Dale - Sludge hauling is estimated to be 24,000 gallons bi-monthly.

Vanderburgh Cove (North & South)- Sludge hauling is estimated to be 30,000 gallons per year.

Tivoli - Sludge hauling is estimated to be 20,000 gallons per year.

Obercreek – Sludge Hauling is estimated to be 1,000 gallons per year

PART TWO – Pump Station Wet Well Cleaning & Sewer Main Jetting & Vacuum Work

Cost per four (4) hour workday and per eight (8) hour workday: **Prices shall include all labor, confined space entries inclusive of extra person, disposal costs, “standing”

(demurrage) charges, equipment charges, transportation and fuel surcharges and any other expense necessary.

$_______________ / four (4) hour day

$_______________ / eight (8) hour day

$_______________ CCTV (cost per linear foot)

EMERGENCY SERVICES: $________________ Cost for Emergency Call

$________________ Cost to Cancel Emergency Call

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1. Pump station and wet well cleaning for the Chelsea Cove Wastewater Treatment

Facility: (1) Wet Well: 8’ x 11’, (2) Mud Wells: 5’ x 8’ x 11’

2. Pump station and wet well cleaning for the Dalton Farms Wastewater Treatment

Facility: (1) Pump Station: 7’ x 7’ x 16’, (1) Pump Station: 13’ x 7’ x 11’, (2) Pump

Stations: 7’ x 14’

3. Pump station and wet well cleaning for the Pinebrook Wastewater Treatment Facility:

(1) Wet Well: 8’ x 20’.

4. Pump station and wet well cleaning for the Valley Dale Wastewater Treatment Facility:

(1) Wet Well: 6’ x 13’, (2) Pump Stations: 5’ x 11’.

5. Pump station and wet well cleaning for the Tivoli Wastewater Treatment Facility:

(1) Pump Station: 8’ x 15’.

Sample Standard Service Contract

STANDARD SERVICE CONTRACT

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

Water & Wastewater Authority”, the “Authority”, the “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” 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 certified payroll per NY state prevailing wage requirements as the

Authority requires if applicable, 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:

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.

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.

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 and a copy of their NYS Part 364 Waste Transporter permit.

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 stated in Attachment A. Either party may terminate this contract upon 30 days 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# 2026018965

Location 6 different locations Project ID# Sludge hauling Project Type Annual contract to pump out the sludge in the sewer systems and clean the wet wells. Done several times at various locations through-out the year

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.

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…