Crane Rental Services-Pre-Cast Concrete Box Culverts

Agency:	Steuben County
State:	New York
Type of Government:	State & Local
Category:	W - Lease or Rental of Equipment
Posted:	Jan 12, 2024
Due:	Feb 1, 2024
Solicitation No:	PW-24-101-B
Publication URL:	To access bid details, please log in.

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Kathy Hochul, Governor

Steuben County DPW

MESS DEBRA, Senior Account Clerk Typist

3 East Pulteney Square

Bath NY 14810

Roberta Reardon, Commissioner

Schedule Year 2023 through 2024

Date Requested 12/13/2023

PRC#

2023014449

Location

Project ID#

Project Type

VARIOUS

PW-24-101-B

Pre-cast Concrete Box Culverts Operating Engineer for Crane Rental Services-Pre-cast- Rigging, lifting and

setting precast concrete or steel bridge beams

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:

www.labor.ny.gov.

Phone: (518) 457-5589 Fax: (518) 485-1870

W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12226

PW 200

Ask.PWAsk@labor.ny.gov

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) ).

This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.

Bid Number:	PW-24-101-B
Bid Title:	Crane Rental Services-Pre-Cast Concrete Box Culverts
Category:	Public Works Bids
Status:	Open

Crane Rental Services-Pre-Cast Concrete Box Culverts

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See also