IFB_InvitationForBids_ShawBrook_20250423_FINAL.pdf

Invitation for Bids

Tree Debris Removal and Disposal

As part of

USDA NRCS EWP Project 5060, Town of Long Lake, Hamilton County, NY, DSR 36-21-23- 5060-005 Shaw Brook Debris Removal due to July 2023 Storm, 6000031022

TOWN OF LONG LAKE

DATE OF ISSUE: April 23, 2025

PRE-BID SITE MEETING: Wednesday, May 7, 2025, 10:00 AM

BID PROPOSALS DUE: 3:00 PM, May 23, 2025

Issued by:

Town of Long Lake 1130 Deerland Rd.

PO Box 307 Long Lake, NY 12847

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Tree Debris Removal and Disposal as part of USDA NRCS EWP Project 5060

Contract Number 25-001

Table of Contents

Section I General Instructions to Bidders 3

Section II IFB Schedule, IFB Questions, and Bid Submissions 5

Section III Forms 7

Non-Collusive Bidding Certificate 8

Bid Form 9

Section IV Contractor Insurance Requirements 15

Section V Project Drawings and Pictures 16

Section VI Sample Contract Documents 23

Section VII Prevailing Wage Schedule 33

Section I General Instructions to Bidders

Tree Debris Removal and Disposal As part of

USDA NRCS EWP Project 5060, DSR 36-21-23-5060-005 Shaw Brook Debris Removal due to July 2023 Storm, 6000031022, Town of Long Lake, Hamilton County, NY

Invitation For Bids for Contract Number: 25-001 Date Issued: April 23, 2025 For: Removal and disposal of debris of trees from Shaw Brook located at 1150 Main Street, Long Lake, NY 12847 Bids Due: 3:00 PM, May 23, 2025

1. The work to be performed under this contract generally includes the removal, chipping, and hauling chips to dispose of stream debris of approximately 95 trees of around 8-18 inches in diameter, and approximately 40 trees of less than 8 inches in diameter deposited in the waters and along the shores of Shaw Brook during the flood event of July 2023, under the direction of the Hamilton County Soil & Water Conservation Service. The planned work area is located beginning at 1150 Main St., Long Lake, NY 12847. The Town of Long Lake will provide a site for disposal of the wood chips to which the contractor shall haul said chips.

The Town of Long Lake will be responsible for obtaining all permits, permission, and cooperation of relevant agencies and/or other stakeholders necessary for removal and disposal of the tree debris.

2. This project is supported by funding from the United States Department of Agriculture Natural Resources Conservation Service Emergency Watershed Protection (EWP) Program, and with the cooperation of the Town of Long Lake, Town of Long Lake Highway Department, Hamilton County Department of Public Works, and the Hamilton County Soil & Water Conservation District.

3. The Town Clerk has been directed by the Town Board to publish Public Notice of this Invitation For Bids (IFB) in the Hamilton County Express; on the Town Website; and all official places of notice in the Hamlets of Long Lake and Raquette Lake, NY and the greater Town of Long Lake, NY.

4. Electronic project documents for the USDA NRCS EWP Project 5060, DSR 36-21-23-5060- 005 Shaw Brook Debris Removal due to July 2023 Storm, 6000031022 will be available for distribution on April 9, 2025, at no cost by contacting First Deputy Town Clerk Amber Wamback by email at awamback@mylonglake.com. Bidders shall obtain project documents by emailing business contact information, including business name, business mailto:awamback@mylonglake.com address, current email address and contact name and phone number with Shaw Brook Debris Removal Project – Tree Removal in the subject line.

5. A Mandatory Pre-Bid Meeting will be held at 10:00 PM on May 7, 2025. The site meeting location is 1130 Deerland Rd., Long Lake, NY 12847. Contractors not present at the Pre- Bid Meeting will not be able to bid the project.

6. The Town of Long Lake will receive formal bids for the Shaw Brook Debris Removal Project – Tree Removal until 3:00 PM, local prevailing time, May 23, 2025. Bids received after 3:00 PM, May 23, 2025, will not be accepted. Bids will remain confidential until awarded.

7. Bids should be submitted to the First Deputy Town Clerk, Amber Wamback, PO Box 307, 1130 Deerland Rd., Long Lake, NY 12847. Bids can be hand-delivered, mailed, faxed to

(518) 624-2010 or emailed to awamback@mylonglake.com. It is the bidding contractor’s sole responsibility to deliver bids to the specific place before the bid response deadline.

8. To qualify, all bids shall be submitted using bid forms contained in this IFB. Incomplete or segregated bids will not be accepted.

9. It is the responsibility of each Bidder, before submitting a bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance, safety, or furnishing of the Work, (c) consider federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, performance, safety, or furnishing of the Work, (d) study and carefully correlate Bidder’s observations with the Contract Documents, and (e) notify Town of all conflicts, errors, or discrepancies in the Contract Documents.

10. The submission of a Bid will constitute an incontrovertible representation that the Bidder has complied with every requirement and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of work.

11. The Contract will be awarded to the lowest, responsive, and responsible bidder. Such a bidder shall possess the skill, ability, and integrity necessary for the faithful performance of work.

12. The Work is to be completed by [To Be Determined at Pre-Bid Meeting}.

13. All bidders are hereby notified that they must be properly licensed under the State laws governing their prospective trades if licensing is required for their trade.

14. Attention is called to the fact that not less than the minimum salaries and wages set forth by the Department of Labor in the attached Prevailing Wage Schedule must be paid on this project; the Contractor must insure that employees and applicants for employment are not discriminated against because of their race, creed, color, religion, sex or national origin. The Contractor must also be aware that he must comply with all provisions of the State Wage Rates.

15. Insurance requirements for this project are contained in Section IV, Contractor Insurance Requirements.

16. The Town of Long Lake reserves the right to reject any/all submittals. The Town assumes no contractual obligation as a result of the issuance of this request, the preparation or bid submission by the Contractor, evaluation, or final selection. This Invitation For Bids and any Addenda will be posted at the Town’s website at www.mylonglake.com. This is the official source of this solicitation.

Clay J. Arsenault Town Supervisor Town of Long Lake, NY http://www.mylonglake.com/

Section II IFB Schedule, IFB Questions, and Bid Submissions

IFB SCHEDULE

The table below shows the intended schedule for this IFB. The Town of Long Lake will make every effort to adhere to this schedule.

Event Responsibility Date and Time Issue IFB Town April 23, 2025 Mandatory Pre-Bid Meeting Town/Contractors May 7, 2025, 10:00 AM Submit Written Questions Contractors May 12, 2025, by 3:00 PM Provide Responses to Questions Town May 15, 2025, by 3:00 PM Bid Submission Deadline Contractors May 26, 2025, by 3:00 PM Contract Award Town May 28, 2025 Contract Effective Date Town Effective upon execution Bid Submissions must be submitted no later than 3:00 PM (Noon), May 26, 2025. No submittals will be accepted after the deadline.

IFB Questions

Upon review of the IFB documents, Contractor(s) may have questions to clarify or interpret the scope of work in order to submit the best bid possible. To accommodate the Bid Questions process, Contractor shall submit any such questions by the above due date. Written questions shall be emailed to awamback@mylonglake.com by the date and time specified above. Contractor should enter “IFB#: 25-001 – Questions” as the subject for the email. Questions received prior to the submission deadline date, the Town’s response, and any additional terms deemed necessary by the Town will be posted in the form of an addendum to the Town of Long Lake website, https://www.mylonglake.com and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any Town personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Contractor shall rely on written material contained in an Addendum to this IFB.

Bid Submissions

When responding to this IFB, please follow all instructions carefully. For the bid, Contractor(s) shall populate all attachments of this IFB that require the Contractor to provide information and include an authorized signature where requested, as outlined below. Contractor IFB responses shall include a signed non-collusive bidder form and the official bid offer form with authorized signature(s).

https://www.mylonglake.com/

Section III

FORMS

NON-COLLUSIVE BIDDING CERTIFICATE

NON-COLLUSIVE BIDDING CERTIFICATIONS:

(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief:

1. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly, disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

Name of Bidder

Authorized Signature

Name & Title of Signer (PRINTED)

(CORPORATE SEAL IF ANY)

BID FORM

PROJECT IDENTIFICATION:

Tree Debris Removal and Disposal as part of USDA NRCS EWP Project 5060 Town of Long Lake, Hamilton County, NY

THIS BID IS SUBMITTED TO:

Amber Wamback, First Deputy Town Clerk 1130 Deerland Rd.

PO Box 307 Long Lake, NY 12847 awamback@mylonglake.com

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Invitation For Bids for Contract Number: 25-001 and General Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for forty-five days after the day of Bid opening. BIDDER will sign and submit the Agreement with the documents required by the Bidding Requirements within fifteen days after the date of the Town of Long Lake (OWNER)’s Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

a. BIDDER has examined copies of all the Bidding Documents and of the following

Addenda (receipt of all which is hereby acknowledged):

DATE Addendum Number

b. BIDDER has familiarized itself with the nature and extent of the Contract

Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.

c. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, and studies (in addition to or to supplement those in (b) above) which pertain to the surface, subsurface and Underground Facilities at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by BIDDER for such purposes.

d. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.

e. BIDDER has given Town of Long Lake written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Town of Long Lake is acceptable to BIDDER.

f. The Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation: BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over Town of Long Lake.

4. BIDDER will complete the Work for the following price:

LUMP SUM CONTRACT PRICE

5. BIDDER agrees that the Work will be substantially complete and completed and ready for final payment in accordance with the General Conditions on or before dates or within the number of calendar days indicated in the Agreement.

a. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete Work on time.

Lump Sum Contract Price Bid

6. The following documents are attached and made a condition of this Bid:

a. Non-Collusive Bidding Certificate

7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below.

8. The terms used in this Bid which are defined in the General Conditions of the construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

Submitted on: [Date]

If BIDDER is:

An Individual

By ________________________________________________________________________________(SEAL) (Individual’s Signature)

(Individual’s Name - Printed)

Doing business as _______________________________________________________________________ At [Address]:

PO Box:

Street:

City, State ZIP Code:

Phone Number:

Email Address:

A Partnership

________________________________________________________________________________(SEAL) (Firm Name)

(General Partner Signature)

(General Partner name - Printed)

Doing business as _______________________________________________________________________

A Limited Liability Company

(Corporation Name)

By:_____________________________________________________________________________________ (Authorized Signature)

(Name of Person Authorized to Sign and Title - Printed)

A Corporation

(Corporation Name) By:_____________________________________________________________________________________ (State of Incorporation) By:_____________________________________________________________________________________

(Authorized Signature)

(Name of Person Authorized to Sign and Title - Printed)

(Corporate Seal) Attest:______________________________________________________________________________________ (Secretary)

A Joint Venture

(Name of Person Authorized to Sign and Title - Printed)

(Name of Person Authorized to Sign and Title - Printed)

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is party to the joint venture should be in the manner indicated above.)

Section IV

CONTRACTOR INSURANCE REQUIREMENTS

Insurance Specifications

The following insurances must be in place throughout the duration of the job or contract:

1. Liability in the minimum amounts of $500,000/$1,000,000 per occurrence and aggregate; proof of said insurance on ACORD Certificate of Liability form.

a. The Town of Long Lake must be “Additional Insured”, and

b. The “description of operations” section must be completed. This must include a full description of the services provided.

2. Auto coverage on all vehicles used in carrying out this contract in the minimum amount of $300,000 single limit or $250,000/$500,000 split limits; proof of said insurance on ACORD Certificate of Liability form.

a. The Town of Long Lake must be “Additional Insured”, and

b. The “description of operations” section must be completed.

3. Workers Compensation Law dictates the Town must ensure that businesses and contractors comply with workers’ compensation and disability benefits requirements.

a. Submit the appropriate/applicable workers compensation form with the Town of Long Lake listed as the entity requesting proof of coverage:

CE-200 WC and DBI Exemption

GSI-105.2 WC Group Self insurance

C-105.2 WC through private insurance carrier

SI-12 WC Self insurance

b. Submit the appropriate/applicable disability benefits form with the Town of Long Lake listed as the entity requesting proof of coverage:

CE-200 WC and DBI Exemption

DB-120.1 DBI Certificate of Insurance

DB-120.2 Certificate of Participation in Disability Benefits Group Self-Insurance

4. CONTRACTOR will be required to provide proof of all insurances prior to the commencement of the job and (if applicable) contract execution. Note: the “Declaration Page” of an insurance policy is not a valid proof of insurance.

5. The effective dates of all insurances should encompass the contract period; new certificates must automatically be provided when the expiration date occurs during the contract period.

6. When the contractor submits his/her bill for services to the Town, the Town may call the contractor’s insurance company(s) to ensure that coverage was in force during the period of operations. If any of the contractor’s policies had lapsed during that time, payment by the Town will be withheld.

Section V

PROJECT DRAWINGS AND PICTURES

Section 1

1150 Main St. Tree Debris Removal

Green Areas indicate deposits of Tree Debris to be removed, chipped, and hauled to disposal site by CONTRACTOR.

Section 2

Upstream from 1150 Main St. Tree Debris Removal

Green Areas indicate deposits of Tree Debris to be removed, chipped, and hauled to disposal site by CONTRACTOR.

Section VI

SAMPLE CONTRACT DOCUMENTS

TREE DEBRIS REMOVAL AND DISPOSAL

FOR

TOWN OF LONG LAKE

USDA NRCS EWP Project 5060, DSR 36-21-23-5060-005 Shaw Brook Debris Removal due to July 2023 Storm, 6000031022, Town of Long Lake, Hamilton County, NY

THIS AGREEMENT, made this [DATE], by the Town of Long Lake, PO Box 307, 1130 Deerland Road, Long Lake, New York 12847, (the “Town”) a municipal corporation organized and existing under the laws of the State of New York and [name of Contractor], located at [address], (the “Contractor”).

WITNESSETH that the Town and the Contractor, for the consideration hereinafter named, agree as follows:

ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR

The Contractor shall furnish necessary labor, materials, tools, and equipment to remove, chip, and haul for disposal of tree debris from the waters and banks of Shaw Brook (the “Project”) pursuant to plans prepared by, and under the direct supervision of Lenny Croote, or his authorized delegate, of the Hamilton County Soil & Water Conservation District, in accordance with the proposal of the Contractor dated [DATE], a copy of which is attached hereto and made a part hereof, at a total cost not to exceed [DOLLAR AMOUNT OF LUMP SUM BID]. The Town of Long Lake will be responsible for providing a suitable site of disposal, along with any required permits for removal and dumping of tree debris.

ARTICLE 2. TIME OF COMPLETION

The work under this contract (the “Contract”) shall be commenced within [NUMBER] days of the date of this Agreement and will be completed within [NUMBER] days from commencement of the work. Time of completion is the essence of this Agreement.

ARTICLE 3. PAYMENT TO CONTRACTOR

On or before the third Wednesday of each month, the Contractor must submit to the Town Supervisor a Voucher using the standard form of the Town of Long Lake. On or before the last Wednesday of that month, the Town Supervisor must submit a warrant for the Contractor’s Request for Payment to the Town Board for audit. Upon approval by the Town Board, the Town Supervisor must issue said payment by the last day of the succeeding month.

In preparing estimates, the material delivered on the site and preparatory work may be taken into consideration.

All material and work covered by partial payments made must thereupon become the sole property of the Town. This provision shall not be construed as relieving the Contractor of sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Town to require fulfillment of all the terms of the Contract.

When submitting an estimate for payment, the Contractor and each and every Subcontractor of the Contractor or a Subcontractor must file a statement in writing, in form satisfactory to the Town, certifying to the amounts then due and owing from the Contractor or Subcontractor filling the statements to or on behalf of any and all laborers for daily or weekly wages or supplements on account of labor performed upon the work under the Contract. The statement must set forth the names of the person whose wages or supplements are unpaid and the amount due to each or on behalf of each, respectively. The Contractor or Subcontractor must verify by oath that they have read the statement subscribed by them and knows the contents thereof, and that it is true as of their own knowledge.

The Contractor agrees that they will indemnify and save the Town harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnishings of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor must, at the Town’s request, provide satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails to do so, then the Town may, after having served written notice on the Contractor, either pay unpaid bills of which the Owner has written notice, or direct to be withheld or withhold from the Contractor’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the terms of this Contract. In no event shall this be construed to impose any obligations upon the Town to the Contractor.

In paying any unpaid bills of the Contractor, the Town shall be deemed the agent of the Contractor. Any payment so made by the Town shall be considered payment made under the contract by the Town to the Contractor. The Town shall not be liable to the Contractor for any such payment made in good faith.

The acceptance by the Contractor of final payment shall be and shall operate as a release to the Town of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or their sureties from any obligation under this contract.

ARTICLE 4. CONTRACTOR’S INSURANCE

The following insurances must be in place throughout the duration of the job or contract:

7. Liability in the minimum amounts of $500,000/$1,000,000 per occurrence and aggregate;

proof of said insurance on ACORD Certificate of Liability form.

a. The Town of Long Lake must be “Additional Insured”, and

b. The “description of operations” section must be completed. This must include a full description of the services provided.

8. Auto coverage on all vehicles used in carrying out this contract in the minimum amount of

$300,000 single limit or $250,000/$500,000 split limits; proof of said insurance on ACORD Certificate of Liability form.

c. The Town of Long Lake must be “Additional Insured”, and

d. The “description of operations” section must be completed.

9. Workers Compensation Law dictates the Town must ensure that businesses and contractors comply with workers’ compensation and disability benefits requirements.

c. Submit the appropriate/applicable workers compensation form with the Town of Long

Lake listed as the entity requesting proof of coverage:

CE-200 WC and DBI Exemption

GSI-105.2 WC Group Self insurance

C-105.2 WC through private insurance carrier

SI-12 WC Self insurance

d. Submit the appropriate/applicable disability benefits form with the Town of Long Lake listed as the entity requesting proof of coverage:

CE-200 WC and DBI Exemption

DB-120.1 DBI Certificate of Insurance

DB-120.2 Certificate of Participation in Disability Benefits Group Self- Insurance

10. CONTRACTOR will be required to provide proof of all insurances prior to the commencement of the job and (if applicable) contract execution. Note: the “Declaration Page” of an insurance policy is not a valid proof of insurance.

11. The effective dates of all insurances should encompass the contract period; new certificates must automatically be provided when the expiration date occurs during the contract period.

12. When the contractor submits his/her bill for services to the Town, the Town may call the contractor’s insurance company(s) to ensure that coverage was in force during the period of operations. If any of the contractor’s policies have lapsed during that time, payment by the Town will be withheld.

A. Defense of Action or Suits: Neither the Town nor any of its officers or agents shall in any manner be answerable or responsible for any loss or damages that may happen to the work, or to any part or parts thereof, or to any materials, equipment, or other property that may be used therein, or placed upon the ground, during the progress of the work. Neither the Town nor any of its officers or agents shall be in any manner answerable or responsible for any injury done, or damages or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees of the Contractor or otherwise, or for damages to any property, whether belonging to the employees of the Contractor or otherwise, or for damages to any property, whether belonging to the Town or others, occurring during or resulting from the work. The Contractor shall properly guard against all injuries and damages. The Contractor shall indemnify and hold harmless the Town, its officers, and agents against all such injuries, damages, and compensation arising or resulting from causes other than the Town’s negligence. The Contractor shall, from the commencement of work until completion and acceptance thereof, maintain public liability insurance and property damage insurance in the amounts herebefore stated for the protection of the Contractor and the Town, and shall furnish duplicate of the policies to the Town, stamped by the insurer “Premium Paid.” These policies shall be written by an insurance company or companies approved by the Town.

B. The Contractor shall furnish the Town with satisfactory proof of carriage of the insurance required.

ARTICLE 5. REPRESENTATIONS OF CONTRACTOR

The Contractor represents and warrants:

a. That they are financially solvent and that they are experienced in and competent to perform the type of work or to furnish tree debris removal from the waters and along the banks of Shaw Brook to be furnished by them; and

b. That they are familiar with all Federal, State, municipal, and departmental laws, ordinances, and regulations which may in any way affect the work or those employed therein.

ARTICLE 6. PERMITS AND REGULATIONS

The Contractor shall procure and pay for all permits and licenses necessary for the services to be rendered hereunder.

ARTICLE 7. EXTRA WORK

This Contract may be modified or changed by the Town from time to time, in a manner not materially affecting the substance thereof or increasing the price to be paid by more than 10% (ten percent) of the contract price of the contract price in order to carry out and complete more fully and perfectly the Work herein agreed to be done and performed. An order for Extra Work shall designate the method of payment therefore, and shall be valid only if issued in writing and signed by the Town.

Work so ordered must be performed by the Contractor.

ARTICLE 8. DISPUTED WORK

If the Town determines that the Work in question is Contract Work and not Extra Work, or that the determination or order complained of is proper, it will direct the Contractor to proceed, must promptly comply. However, in order to reserve their right to claim compensation for such Work or damages resulting from compliance, the Contractor must, within five (5) days after receiving notice of the Town determination and direction, notify the Town Supervisor in writing that the work is being performed, or that the determination and direction is being complied with, under protest. If the Contractor shall claim to be sustaining damages by reason of any act or omission of the Town or its agents, they shall within five (5) days after such act or omissions occur, notify the Town in writing, and withing thirty (30) days thereafter, or within such additional time in excess of thirty (30) days as may be granted by the Town upon written request therefor, submit to the Town verified detailed statements of the damages sustained together with documentary evidence of such damages. Upon failure of the Contractor to fully comply with the foregoing provisions, such claims shall be deemed waived and no right to recover on such claims shall exist.

ARTICLE 9. PERFORMANCE OF EXTRA OR DISPUTED WORK

While the Contractor or their Subcontractor is performing Extra Work ordered by the Town under Article 7 hereof (unless payment therefore is to be made by a lump sum or at unit prices previously agreed upon) or is performing disputed Work or complying with a determination or order under protest in accordance with Article 8 hereof, in each such case the Contractor shall furnish the Town daily with three copies of written statements signed by the Contractor’s representatives at the site showing:

a. The name and number of each workman/woman employed on such Work or engaged in complying with such determination or order, the number of hours employed thereon, and the character of work each is doing; and

b. The nature and quantity of any materials, plant and equipment furnished or used in connection with the performance of such Work or compliance with such determination or order, and from whom purchased or rented.

Failure to comply strictly with these requirements shall constitute a waiver of any claim for extra compensation or damages on account of the performance of such Work or compliance with such determination or order.

ARTICLE 10. CLAIMS AND ACTIONS THEREON

No claim against the Town for damages for breach of contract or compensation for Extra Work shall be made or asserted in any action or proceeding at law, or in equity, unless the Contractor shall have strictly complied with all the requirements relating to the giving of notice and of information with respect to such claims all as hereinbefore provided.

ARTICLE 11. ESTOPPEL

Neither the Town nor any department, officer, agent or employees thereof, shall be bound, precluded or estopped by any determination, decision, approval, order, letter, payment, or certificate made or given under or in connection with this Contract by the Town or Hamilton County Soil & Water Conservation District, or any officer, agent, or employee of the Town or Hamillton County Soil & Water Conservation District, either before or after the final completion and acceptance of the Work and payment therefor: (a) from showing the true and correct classification, amount, quality, or character of the Work actually done; or that any such termination, decision, order, letter, payment or certificate was untrue, incorrect or improperly made in any particular matter, or that the Work or any part thereof does not in fact conform to the requirements made of this Contract; or (b) from demanding and recovering from the Contractor any overpayments made to them, or such damages as it may sustain by reason of his failure to perform each and every part of this Contract in strict accordance with its terms; or (c) both (a) and (b) hereto.

ARTICLE 12. TOWN’S RIGHT TO STOP WORK OR TERMINATE CONTRACT

The Town shall have the right to stop work or terminate the contract if:

(a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or

(b) A receiver or liquidator is appointed for the Contractor or for any of their property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or

(c) The Contractor refuses or fails to prosecute the Work or any part thereof with due diligence;

or

(d) The Contractor fails to make prompt payment to persons supplying labor for the work; or

(e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or

(f) The Contractor is guilty of a substantial violation of any provision of this contract;

(g) In any event, the Town, without prejudice to any other rights or remedy it may have, by giving seven (7) days’ notice to the Contractor, may terminate the employment of the Contractor and their right to proceed either as to the entire work or, at the option of the Town as to any portion thereof as to which delay shall have occurred, and may take possession of the Work and complete the Work by contract or otherwise as the Town deems expedient. In such case, the Contractor shall not have been titled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder exceeds the expense of completing the Work (including compensation for additional managerial, administrative, and inspection services and any damage for delay), the excess shall be paid to the Contractor. If the expense exceeds the final balance, the Contractor and their sureties shall be liable to the Town for the excess. If the right of the contractor to proceed with the Work is so terminated, the Town may take possession of and utilize in completing the Work the materials, supplies, appliances, plant, and equipment as may be on the site of the Work and necessary, therefore. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the Work.

ARTICLE 13. DAMAGES

It is hereby mutually covenanted and agreed that the relation of the Contractor to the Work to be performed by them under this contract shall be that of an independent contractor. As an independent contractor, they will be responsible for all damage, loss, or injury to persons or property that may arise in or be incurred during the conduct and progress of such work, whether or not the Contractor, their agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any Federal, State, county or local laws, regulations, or ordinances.

ARTICLE 14. INDEMNITY AND SAVE HARMLESS AGREEMENT

The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents, and/or employees arising from the negligence, active or passive, of the Contractor.

ARTICLE 15. NO ASSIGNMENT

In accordance with the provisions of § 109 of the New York State General Municipal Law (“GML”), the Contractor is hereby prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this Agreement, or of their right, title, or interest in this Agreement, or their power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Town.

ARTICLE 16. REQUIRED PROVISIONS OF LAW

Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein. If any such provision is not inserted through mistake or otherwise, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with:

(a) Labor Law § 220-e and Executive Law § 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity.

(b) Affirmative action as required by the Labor Law.

(c) Prevention of dust hazard required by Labor Law §222-a.

(d) Preference in employment of persons required by Labor Law § 222.

(e) Eight-hour workday as required by Labor Law § 220(2).

(f) Labor Law Articles 8 and 9 regarding Public Work and Prevailing Wage

ARTICLE 17. CLEANUP

The Contractor shall, at all times, keep the premises free from accumulations of waste materials caused by their employees or due to their work. At the completion of the project, the Contractor shall remove all of their rubbish from the site, and all of its tools, scaffolding, and surplus materials.

They shall leave their work “broom clean,” or its equivalent, except where further cleaning is required.

ARTICLE 18. TAXES

Any and all taxes now or hereafter imposed on the Work to be performed and/or materials to be furnished or upon the Contract itself or any matter in connection therewith shall be paid by the Contractor, it being the intention of the parties hereto that in no event shall such taxes be borne by the Town.

ARTICLE 19. ARBITRATION

Should any dispute arise between the Town and the Contractor regarding the manner or sufficiency of the performance of the Work, the disputed matter shall be settled by arbitration in accordance with the laws of the State of New York. There shall be three arbitrators, one of whom shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the selection of any arbitrator is not made within fifteen (15) days of the time that either party has notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of New York. The Work shall not be interrupted or delayed pending such decision.

ARTICLE 20. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN

The Town Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Long Lake, at a meeting thereof held on [DATE]. Clay J. Arsenault, Town Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Town of Long Lake, Hamilton County, New York.

ARTICLE 21. NOTICES

Any and all notices and payments required hereunder shall be addressed as follows, or to such other addresses as may hereafter be designated in writing by either party hereto:

To Town: Town of Long Lake

PO BOX 307

Long Lake, NY 12847 supervisor@mylonglake.com

To Contractor: [Name and Address] mailto:supervisor@mylonglake.com

ARTICLE 22. WAIVER

No waiver of any breach or of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the written waiver shall include the same.

ARTICLE 23. MODIFICATION

This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties.

IN WITNESS WHEREOF, the Town of Long Lake has caused its corporate seal to be affixed hereto and these presents to be signed by Clay J. Arsenault, its Town Supervisor, duly authorized to do so, and to be attested to by Amber Wamback, First Deputy Town Clerk, and the Contractor has caused their corporate seal to be affixed hereto and these presents to be signed by its President, the day and year first above written.

Town of Long Lake

(Seal of the Town of Long Lake)

By:_______________________________________ Clay J. Arsenault, Town Supervisor

Attest: By:

Amber Wamback First Deputy Town Clerk Contractor [name of Company]

By:_______________________________________ Authorized Signature

[Name]

[Office]

Section VII

PREVAILING WAGE SCHEDULE

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 2024 through June 2025. 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

Town of Long Lake

Matt Newby, Confidential Secretary 1130 Deerland Rd.

PO BOX 307

LONG LAKE NY 12847

Schedule Year 2024 through 2025 Date Requested 04/03/2025

PRC# 2025004026

Location Shaw Brook Project ID# TOLL25-001 Project Type Remove and dispose of tree debris deposited in the waters and along the banks of Shaw Brook in the flood event of July 2023. Part of a larger project to rehabilitate Shaw Brook sponsored by the USDA https://www.labor.ny.gov/home/ https://www.labor.ny.gov/home/

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.

https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt https://dol.ny.gov/public-work-and-prevailing-wage

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.