24-06 Contract Documents.24S-FINAL.pdf

City of Oneonta

CONTRACT 2024-G-001

PONY FARM ROAD PUMP STATION EMERGENCY GENERATOR

PONY FARM ROAD

MARK DRNEK

Mayor

ELAYNE MOSHER-CAMPOLI LEN CARSON

1st Ward Council Member 5th Ward Council Member

CECELIA WALSH RUSSO SCOTT HARRINGTON

2nd Ward Council Member 6th Ward Council Member

SHANNON McHUGH BRYCE WOODEN 3rd Ward Council Member 7th Ward Council Member

KAYTEE LIPARI SHUE DON MATHISEN

4th Ward Council Member 8TH Ward Council Member

GREG MATTICE, P.E.

City Administrator

CHRIS YACOBUCCI

Public Works Director

GINO HUGGINS

Project Engineer

DAVID MERZIG

City Attorney

MAY 2024

MAP# SET #

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24-06

5.24

TABLE OF CONTENTS

SECTION COLOR OF PAPER

ADVERTISEMENT FOR BIDS WHITE

INFORMATION FOR BIDDERS: WHITE

1 General 2 Bidders 3 The Work 4 Lowest Bid and Contract Award 5 Miscellaneous 6 Wage Rates

WAGE RATES YELLOW

BID FORM BLUE

FORM OF AGREEMENT WHITE

GENERAL CONDITIONS ORANGE

SUPPLEMENTAL CONDITIONS GREEN

TECHNICAL SPECIFICATIONS WHITE

CONTRACT DRAWINGS

DRAWING NO. TITLE

E100 Site Plan and Details

8.24

INVITATION FOR BIDS

NOTICE IS HEREBY GIVEN, pursuant to Section 103, Article 5A of the General Municipal Law that sealed bids are sought by the City of Oneonta for:

PROJECT: PONY FARM ROAD PUMP STATION EMERGENCY GENERATOR

OWNER: CITY OF ONEONTA

Separate sealed bids will be received by the City of Oneonta Purchasing Agent, John Janitz, at his office at City Hall, 258 Main Street, Oneonta, New York, until 2:00 PM on Thursday, September 19, 2024 for the work described below at which time and place all such bids will be publicly opened and read aloud.

Project work will generally consist of the installation of a 30kW emergency generator at the Pony Farm Road Pump Station.

The Contract Documents are on file at 258 Main Street, Oneonta, New York 13820, Office of the

Purchasing Agent. Copies of the Contract Documents may be obtained from the Purchasing Department during regular office hours or will be mailed to bidders on request. A $5 non-refundable fee to be charged for mailing each set when mailing is requested. All checks, money orders, etc., shall be made payable to the City of

Oneonta.

The Contract Documents are also available on the Internet at www.govbids.com under Empire State Purchasing Group.

Contract Documents, including the plans and specifications, remain the property of the Engineer and must be returned in good condition within thirty (30) days after award of Contract or rejection of bids. Any document holder returning Contract Documents in good condition will be refunded their plan deposit amount as set forth above.

Each bid must be accompanied by bid security in the form, amount and subject to the conditions provided in the Information for Bidders. Bids may be held by the Owner for a period not to exceed forty-five

(45) days from the date of the openings of Bids for the purpose of reviewing the Bids and investigate the qualifications of the Bidders, prior to awarding the Contract.

The Owner reserves the right to reject any and all bids and waive informalities if, in its opinion, such action is in their best interest. In the event of a tie bid, the winning bid will be determined by a coin toss, as stated in the City of Oneonta’s Purchasing Policy.

The attention of the bidder is particularly called to the requirements of conditions of employment to be observed and the minimum wage rates to be paid under New York State Department of Labor PRC# 2024005937 as well as Labor Law 220, section 220-h, which requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics on the site be certified as having successfully completed the OSHA 10-hour construction safety and health course. The bidder must also be aware that in conformance with Workers’ Compensation Law §57, contractor must provide either form CE-200 (Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage), or form C-

105.2 (Certificate of Workers’ Compensation Insurance), or form SI-12 (Certificate of Workers’ Compensation Self-Insurance) http://www.wcb.state.ny.us/content/main/Employers/IM.pdf before Notice to Proceed can be issued.

Bidders are hereby informed that a voluntary pre-bid conference will take place at 10:00 AM on Thursday, September 12, 2024 at the Oneonta City Hall in the second floor conference room.

John Janitz Purchasing Agent City of Oneonta, New York Date: August 29, 2024 http://www.govbids.com/ http://www.wcb.state.ny.us/content/main/Employers/IM.pdf

TABLE OF CONTENTS

INFORMATION FOR BIDDERS

Section 1 General

IFB-1.01 Receipt and Opening of Bids

1.02 Informalities, Waivers and Withdrawals

1.03 Bid Preparation Instructions

1.04 Bid Amounts

1.05 Bid Modifications

1.06 Addenda and Interpretations

1.07 Contract Documents

1.08 Bidder’s Request for Information

Section 2 Bidders

IFB-2.01 Qualifications for Bidders

2.02 Obligations of Bidders

2.03 Bid Security

2.04 Liquidated Damages for Failure to Execute Contract

Section 3 The Work

IFB-3.01 Location of the Work

3.02 Description of Work

3.03 Commencement, Completion, and Liquidated Damages

3.04 Collateral Work

Section 4 Lowest Bid and Contract Award

IFB-4.01 Discrepancy in Bids

4.02 Lowest Bidder

Section 5 Miscellaneous

IFB-5.01 Insurance

5.02 Work and Submittal Schedules

5.03 Power of Attorney

5.04 Performance and Payment Bonds (or Contract Surety)

5.05 Laws and Regulations

5.06 Permits

5.07 Tax Exemption

Section 6 Wage Rates

IFB-6.01 Minimum Wage Rates

IFB-1-1

SECTION 1 - GENERAL

IFB-1.01. Receipt and Opening of Bids.

The Owner invites Bids on the attached forms. Bids will be received by the Owner until the time and at the place stated in the attached advertisement. Bids received after the specified date and time will not be considered, regardless of the reason for their being late and will be returned unopened.

Bids must be sealed in envelopes addressed to the Owner. The outside of the envelope shall bear the name and address of the bidder and the reference "SEALED BID FOR: PONY FARM ROAD PUMP

STATION GENERATOR.”

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope bearing the address as stated in the advertisement.

IFB-1.02. Informalities, Waivers and Withdrawals.

The Owner may consider informal any Bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities in or reject any or all Bids. Bids which do not contain a price for every numbered item contained in the Bid form may be considered informal.

Any Bid may be withdrawn prior to the scheduled deadline for receipt of Bids or authorized postponement thereof, but no Bid which is opened may be withdrawn within the time frame stated in the Advertisement for Bids. Any Bid received after the time and date specified will not be considered, and will be returned unopened.

IFB-1.03. Bid Preparation Instructions.

Unless otherwise noted thereon, all blanks on the Bid forms must be appropriately filled in with ink and with both words and figures, and the Bid must be properly executed. Bidders may copy or remove this form from the binder, but must submit the entire bid form, plus any supplemental required documentation with their Bid.

All Contract Documents, except the Bid Bond, Performance and Payment Bonds, and any Addenda, are contained in this binder. All bidding documents shall be returned to the Engineer upon demand.

IFB-1.04. Bid Amounts.

All bid prices shall be written in words and figures, to the nearest whole cent.

All unit prices shall reflect the cost of the item.

Some items may be designated as FIXED PRICE ITEMS. When this is the case, the fixed prices are contained in the Bid form. They have been prepared taking into account the cost of labor, materials, and equipment necessary to complete the work including an allowance for overhead and profit.

In addition, the “Unit Bid Price” and “Amount Bid” columns will have preprinted entries in them. The Bidder shall not change these entries. Should the amount shown be altered, the altered figures will be disregarded and the preprinted price and amount will be used to determine the total amount bid for the contract.

IFB-1-2

Similarly, one or more items may be designated as MINIMUM PRICE ITEMS or MAXIMUM PRICE ITEMS. When this is the case, the minimum (or maximum) prices are contained in the payment item description. These items may also be identified in the Bid form by the words “Minimum Bid” or “Maximum Bid” appearing beneath the description of the item. The price bid for Minimum Price Items shall not be less than the price specified, but it may exceed that price. Conversely, the price bid for Maximum Price Items shall be less than, or equal to, the price specified. In the event a bid is less than the Minimum Price (or more than the Maximum Price) specified, the Engineer will substitute the appropriate minimum (or maximum) price and make the necessary adjustments to determine the total amount bid.

IFB-1.05. Bid Modifications.

Any Bidder may modify his Bid by telegraphic communication at any time prior to scheduled closing time for receipt of Bids, provided such telegraphic communication is received by the Owner prior to the closing time, and provided modification over the signature of the Bidder is mailed prior to closing time. The telegraphic communication should not reveal the bid price, but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed Bid is opened. If written confirmation is not received within two (2) days after the closing time, no consideration will be given to the telegraphic modification. Facsimile (FAX) bids and/or modifications are not permitted and will be ignored.

IFB-1.06. Addenda and Interpretation.

No verbal interpretation of the intent of any of the Contract Documents will be made before receipt of Bids. Request for interpretations must be presented in writing, using the form which follows (only) to the Engineer, Tisdel Associates, Consulting Engineers, 113 Main Street, Canton, New York 13617 and, to be given consideration, must be received by the Engineer at least seven (7) days prior to the date set for the opening of Bids. Verbal or email requests will be ignored.

Any interpretation, and any additional information or instruction will, if issued, be in the form of a written Addendum or Addenda sent by electronic mail or facsimile, to all holders of Contract Documents at the addresses or numbers furnished therefor. The Engineer will endeavor to distribute any addenda at least five (5) days prior to the date of the opening of Bids.

Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under his Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

IFB-1.07. Contract Documents.

The Contract Drawings have been printed full size and are bound herein.

The Contractor will be furnished as many sets of Contract Documents covering the work of his Contract as is necessary for the prosecution of the work, up to the maximum number of five (5) sets. Any additional sets of Contract Documents will be furnished by the Engineer at the deposit price stated in the Advertisement for each set.

IFB-1-3

IFB-1.08. Bidder’s Request for Information. (RFI)

Questions pertaining to this Bid must be received on this form. Mail or EMAIL not less than 7 days before the Bid date. Inquiries must be clearly written and as specific as possible.

Telephone inquiries will be ignored.

REQUEST FOR INFORMATION FORM

TISDEL BID COORDINATOR: Michael J. Christy, P.E.; mchristy@tisdelassociates.com

PROJECT NAME: Pony Farm Road Pump Station Generator

CONTRACT NAME AND NO.: N/A

OWNER: City of Oneonta

PROJECT NO.: 24-06

DATE:

NO. OF PAGES:

BIDDER NAME:

BIDDER CONTACT: TELEPHONE NO.:

FAX NO.:

REFERENCE: DRAWING NO. ____________, SPECIFICATION SECTION _______________, OTHER

QUESTION: (Attach Sketches or Additional Sheets as Necessary)

RESPONSE:

PROJECT COORDINATOR/DESIGNER

REFERRAL:

RESPONSE

DATE:

RFI NO. ADDENDUM TO BE ISSUED:

❑ YES ❑ NO

mailto:mchristy@tisdelassociates.com

1.20

IFB-2-1

SECTION 2 - BIDDERS

IFB-2.01. Qualifications for Bidders.

The Owner reserves the right to make such investigation as he may deem necessary or advisable to determine any Bidder's ability to do the work, and the Bidder shall furnish to the Owner on request all data and information pertinent thereto. The Owner reserves the right to reject any Bid if such investigation fails to satisfy the Owner that the Bidder is fully qualified to do the work.

Conditional bids will be considered informal and will be rejected.

Immediately following the canvass of Bids, the low Bidder(s) shall complete the Engineer’s questionnaire. When requested, the Bidder shall furnish a completed "New York State Uniform Contracting Questionnaire" including notarized financial statement.

IFB-2.02. Obligations of Bidders.

At the time of the opening of Bids, each Bidder will be presumed to have inspected the site, to have informed himself fully of the conditions relating to the work, the labor and materials required for the work, and to have read and acquainted himself with all the Contract Documents. Failure to do so will not relieve the Bidder who is awarded the Contract of his obligation to complete the work for the price or prices bid, or of any other obligation under the Contract. The failure or omission of any Bidder to receive or examine any Contract Document shall in no way relieve him from any obligation in respect to his Bid.

IFB-2.03. Bid Security.

Each Bid must be accompanied by certified check of the Bidder in an amount not less than five percent (5%) of the Total Base Bid. A Bid Bond in an amount of not less than five percent (5%) of the Total Base Bid, prepared in form acceptable to the Owner, and executed by the Bidders as principal, issued by a surety company approved by the Owner, will be accepted in lieu of certified check. Checks and Bid Bonds shall be made payable to the Owner.

The Engineer will endeavor to return such checks or Bid Bonds to all except the three (3) lowest Bidders within five (5) days after the opening of Bids. The remaining deposits will be returned to the three lowest Bidders within three (3) days after execution of the Contract, or if no Contract is executed, at the end of the Bid withdrawal period stated in the Advertisement for Bids.

IFB-2.04. Liquidated Damages for Failure to Execute Contract.

Should the successful Bidder refuse or fail to execute the Contract and provide the required contract security within ten (10) days after receipt of notice of award, the security deposited with his Bid shall be forfeited to the Owner as liquidated damages for such refusal or failure.

IFB-3-1

IFB-3-1

SECTION 3 - THE WORK

IFB-3.01. Location of Work.

The Work to be performed under this Contract is located at the Pony Farm Road Pump Station, Corporate Drive, Oneonta, New York 13820.

Bidders requesting to see the existing facilities will need to contact Gino Huggins, Senior Civil Engineer, at (607) 431-1326 well in advance of their requested visit.

IFB-3.02. Description of Work.

In general, the work consists of the installation of a 30kW emergency generator at the Pony Farm Road Pump Station.

IFB-3.03. Commencement, Completion and Liquidated Damages.

Upon execution of the Contract, the Contractor will be notified to proceed with the work. The Contractor shall commence work on or before the date specified in a written "Notice to Proceed" by the Owner, and shall fully complete the project within one hundred thirty five (135) consecutive calendar days thereafter.

The Contractor shall pay, as liquidated damages, the sum of two hundred dollars ($200.00) for each consecutive calendar day beyond the completion time limit that the work is not complete. This sum has been determined as the cost to the Owner for administration of the project beyond the set completion time and shall not be construed as a penalty to the Contractor.

IFB-3.04. Collateral Work.

Each bidder shall inform himself fully of the conditions relating to the Project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder, as Contractor, of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the Contractor, in carrying out the work, shall employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor, public agency, utility or employees or agents of the Owner. In elaboration, the Owner intends to award one (1) contract for the work.

IFB-4-1

SECTION 4 - LOWEST BID AND CONTRACT AWARD

IFB-4.01. Discrepancy in Bids.

In the event a discrepancy exists in any Bid between the prices written in words and the prices written in figures, the prices written in words shall govern. If a discrepancy exists in any Bid between unit prices and the extended totals therefor, the unit prices shall govern. In either of the above cases, the extended totals, and the total of all extensions, shall be corrected, if necessary and the Bid may not be considered informal.

Bid amounts for fixed priced items on minimum or maximum price items will be adjusted in conformance to IFB-1.04 in determining bid amounts.

The Owner reserves the right to reject any proposal in which any of the Bid prices are, in the opinion of the Engineer, unbalanced. An unbalanced Bid is one containing lump sum or unit prices which do not reasonably reflect the actual cost of the work, plus a reasonable proportionate share of the Bidder’s anticipated profit, overhead costs, and other indirect costs.

IFB-4.02. Lowest Bidder.

Bids will be compared on the basis of the algebraic-price totals of the base bid and any alternates in the bid which are accepted, corrected as necessary in conformance with Section IFB-4.01.

The lowest Bidder will be that Bidder whose Bid totals the lowest number of dollars. Award of contract will be made only to the lowest responsible Bidder whose Bid shall comply with the provisions required to render it formal.

IFB-5-1

SECTION 5 - MISCELLANEOUS

IFB-5.01. Insurance.

The Owner and Engineer shall be included as additional insureds in the General Public Liability and Property Damage Insurance Policy (see Article 6 of the Standard General Conditions of the Construction Contract and Article 1 of the Supplemental Conditions).

IFB-5.02. Work and Submittal Schedules.

Within ten (10) days of receipt of notice of Award, the Contractor shall submit the following:

insurance certificates;

a submittal schedule per Section 1300;

a preliminary construction schedule per Section 1310; and a list of all proposed subcontractors and suppliers.

Within ten (10) days of signing the contract, or sooner as project conditions dictate, the Contractor shall submit the a final construction schedule.

Periodically throughout the work, at intervals not more than 30 days or less if required by the Engineer, the Contractor shall submit updated submittals and construction schedules, and an updated supplier and subcontractor’s list.

IFB-5.03. Power of Attorney.

Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their power of attorney.

IFB-5.04. Performance and Payment Bonds.

Simultaneously with his delivery of the executed Contract, the Contractor shall furnish performance and payment bonds, each in an amount of at least equal to the Contract price, as surety for faithful performance of this Contract and for the payment of all persons performing labor or furnishing materials in connection with this Contract, as specified in Article 6 of the Standard General Conditions of the Construction Contract. The surety company shall be satisfactory to the Owner.

IFB-5.05. Laws and Regulations.

The Bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, codes, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout, and are included in the Contract the same as though herein written out in full.

IFB-5-2

SECTION 5 - MISCELLANEOUS

IFB-5.06. Permits.

The Owner has, or will, obtain the building permit.

The Contractor shall comply with any and all provisions of these permits.

In addition, the Contractor is responsible to obtain any other permits required for the work (including mining, special transportation, storm water discharge, wastewater transport and disposal, utility work permits, etc.).

IFB-5.07. Tax Exemption.

This Contract is exempt from sales and compensation use tax on purchases of tangible personal property for use in construction of public works for municipalities under Section 1101, 1115, and 1116 of the New York State Tax Law. The Bidder shall not include in his base bid the sales and compensating use taxes of the State of New York or of a city or county in the State of New York for any materials which are to be incorporated into the work and which are to be separately sold by the Contractor to the Owner prior to incorporation into the work.

IFB-6-1

INFORMATION FOR BIDDERS

SECTION 6 - WAGE RATES

IFB-6.01 Minimum Rates.

The minimum wage rates, as designated by the New York State Department of Labor (NYSDOL), shall be paid by the Contractor and respective Sub-Contractors under this Contract. The respective trades and wage schedule is attached hereto.

In accordance with the Governor's Executive Chamber Policy memorandum dated August 28, 1992, the following shall apply to this project:

- The Contractor and respective Sub-Contractors are required to display posters in a conspicuous location at the jobsite informing employees that they are entitled to receive prevailing wages and supplements as determined by the NYSDOL.

- The Contractor and respective Sub-Contractors are also required to distribute wallet cards with this information to jobsite employees. These posters and wallet cards may be obtained by the contractors from the NYSDOL.

- The Contractor and respective Sub-Contractors shall provide each worker with a written notice, informing them of the prevailing wage requirements of the job, and each worker shall sign a statement or declaration that states they have been given the information.

- The Contractor and respective Sub-Contractors shall certify their payrolls and keep copies of these certified records on site and available, and shall forward one copy, with original signature, to the owner.

- A representative of NYSDOL may be available to attend the preconstruction conference, and the Contractor is encouraged to provide invitation to NYSDOL.

Obtaining a dispensation from the 8 hour/day NYSDOL limitation requires execution of an application by the Owner. The Owner will, if requested by the Contractor, execute the application for dispensation only if (1) the action is judged to be in the best interest of the Owner; and (2) the Contractor agrees to cover any supplemental construction observation costs incurred by the Owner as a result of the Contractor working more than 8 hours/day.

PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT

Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project.

The schedule is effective from July 2023 through June 2024. 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 12226 www.labor.ny.gov. PW 200 Ask.PWAsk@labor.ny.gov

Kathy Hochul, Governor Roberta Reardon, Commissioner

City of Oneonta

Aaron Jarvis P.O. Box 400 113 Main Street Canton NY 13617

Schedule Year 2023 through 2024 Date Requested 05/20/2024

PRC# 2024005937

Location Pony Road Pump Station Project ID# 24-06 Project Type Project work will generally consist of the installation of a 30kW emergency generator at the Pony Road

Pump Station.

General Provisions of Laws Covering Workers on Article 8 Public Work Contracts

Introduction

The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed.

Responsibilities of the Department of Jurisdiction

A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract.

The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project.

This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW

39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract.

Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule.

The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose.

Both the PW 16 and PW 200 forms are available for completion online.

Hours

No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project.

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

City of Oneonta

Aaron Jarvis P.O. Box 400 113 Main Street Canton NY 13617

Schedule Year 2023 through 2024 Date Requested 05/20/2024

PRC# 2024005937

Location Pony Road Pump Station Project ID# 24-06 Project Type Project work will generally consist of the installation of a 30kW emergency generator at the Pony Road

Pump Station.

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…