INSTRUCTIONS TO BIDDERS

CONDITIONS OF WORK

Definitions:

Contractor shall mean the party, persons or corporate person to whom the contract, hereunder is awarded.

Village shall mean the Village of Wampsville.

Sidewalks shall mean the paved path for pedestrians at the side of the road.

Snow Season shall mean snow removal of sidewalks will be done during the dates of October 1, 2026 through April 30, 2027.

A. The Contract for the proposed services will be awarded by the Village Board to the lowest responsible bidder qualified to remove the snow on the side walk pursuant to all applicable state and local laws, ordinance and regulations. The Village Board in determining the lowest responsible bidder shall consider the past performance in supplying such services by such bidder in the Village of Wampsville and in any other area or municipality where such bidder has rendered such service. Past failure to render such service without cause in the opinion of the Village Board shall be full and sufficient reason for the Village Board of the Village of Wampsville to reject such a bid on the basis that the bidder is not a qualified responsible bidder.

B. For each sidewalk area in the district, the successful contractor shall clear the sidewalks on the day the snow falls during the snow season. The village and the contractor together shall decide what legal holidays they won’t have to remove the snow. No exceptions and sidewalks must be cleared by 7 the following day.

C. Their contract requires bids on a one (1) year basis for snow removal from the sidewalks of the Village of Wampsville.

D.Snow removal shall be made in an orderly fashion as directed by the Village. Snow shall not accumulate more than 3 inches in depth.

E. All work performed by the Contractor under the Contract shall be performed in good and workmanlike manner approved by the Village of Wampsville.

F. Each Contractor shall faithfully perform and fulfill the agreement and that Contractor will not sublet or assign their Contract without the consent of the Village.

G. All truck, tools and snow removal equipment, employed hereunder, shall be provided by the contractor. The contractor must have a backup unit to perform their duties in case of mechanical failure to the main unit.

H. If, in the opinion of the Village Board, the Contractor shall fail in any manner to properly perform any part of their Contract, the Village may withhold any monies then due to the Contractor until the Contractor shall properly perform same and the Contractor shall reimburse the Village for all cost and expenses, including any damages incurred by the Village as a result of such failure or the Village may deduct such expenses from the amounts otherwise payable to the Contractor, in accordance with the provisions set forth in the – Bond and Insurance Provision of their agreement.

I. The Village of Wampsville may terminate their Contract upon ten (10) days written notice.

J. Contractor shall furnish general liability insurance, both bodily injury and property damage, for the contractor’s performance hereunder as set forth under the Bond and Insurance Provisions of ttheir agreement.

K.(1) Contractor agrees to be and shall be considered an independent Contractor in Contractor’s performance hereunder, and Contractor is not an employee of the Village nor are the employees of the Contractor to be Considered or held out to be employees of the Village.

(2) Contractor shall insure (and name Village as an additional insured) against all claims and suits brought by

(1) Contractor’s employees under Workmen’s Compensation Laws, or

(2) The public for actions of the Contractor, or

(3) Contractor agents in the performance of ttheir contract.

(3) Contractor agrees that in hiring employees, for performance hereunder, no discrimination shall occur against a person, qualified and available for such work because of race, creed, color or national origin.

L.In addition to all other duties and obligations imposed, the Contractor shall:

(1) Engage in no controversy with any resident of the Village or user of ttheir service, concerning snow removal on village sidewalks.Contractor shall refer all grievances to the Village which shall, in its sole discretion, determine the proper action and response to the grievance and such decision of the Village is to be final and conclusive.

(2) In the event that equipment is temporarily left upon the streets, the Contractor shall guard the same and remove the same as soon as reasonable circumstances permit.

(3) Contractor shall not assign, transfer, or sublet the work to be performed hereunder and agrees to render Contractor’s personal attention to the performance hereof.

M. All the work included in the Bid is covered by the NYSDOL Prevailing Rate Case Number PRC# 2025900923 - Snow Removal) The rate schedule is available on the NYSDOL website and must be utilized for their work.

TAX EXEMPTIONS

A. The Sales and Compensating Use Taxes of the State of New York and of cities and counties do not apply to Purchases and sales of materials and supplies pursuant to the provisions of their Contract. These taxes are not to be included in bids. (Their exemption does not, however, apply to tools, machinery, equipment or other property leased by or to the Contractor a sub-contractor or to materials and supplies of a kind which will not be incorporated into the completed project). If a claim for such taxes is made against the Contractor or any sub-contractor, as the case may be ( see paragraph “C” referencing “Tax Exemption”).

B. Each bidder shall include in their base bid proposal, alternate proposals and all unit price proposals, all other costs and liabilities other than that excluded in paragraph A above for the amounts assessed under any sales, consumer, use or other similar tax, any assessment or taxes upon the wages and salaries paid to employees of the Contractor and their sub-contractor under the Contract, or any other taxes assessed by the Federal, State or Local Governments.

C. The owner is exempt from payment of Sales and Compensation Use Taxes of the State of New York and of cities and counties on all materials and supplies sold to the Village pursuant to the provisions of their Contract. These taxes are not to be included in bids. Their exemption does not, however, apply to tools, machinery, equipment or other property leased by or to the Contractor or a sub-contractor, or to materials and supplies of a kind which will not be incorporated into the completed project, and the Contractor and their sub-contractors shall be responsible for and pay any and all applicable taxes including Sales and Compensating Use Taxes, on such leased tools, machinery, equipment, property and unincorporated materials and supplies.

BID INFORMATION

A. In the event there is a discrepancy in any bid between the unit price and the extended total, the unit prices shall govern. In the event there is a discrepancy in any bid between the unit or lump sum prices written in figures, and the unit or lump sum prices written in words, the unit or lump prices written in words shall govern.

B. Bids will be compared on the basis of the totals of quantities comprising all items at the unit or lump sum prices bid for these items.

C. The lowest Bidder will be that Bidder whose bid totals the lowest number of dollars as determined above. The Contract will be awarded to the responsible Bidder whose bid is the lowest.

D. Immediately following the Canvas of Bids, the lowest Bidder will furnish the Village, if required, a statement as to their qualifications and experience, and a sworn financial statement notarized.

E. The award of the Contract will be made to the lowest responsible bidder who, in the opinion of the Village, is qualified to perform the work required and is responsible and reliable.

F. It is the intention of the Village that the work will be awarded within forty five (45) after the opening of bids to the lowest responsible Bidder whose bid conforms to the requirements of the Bid Documents. Nevertheless, even after the expiration of such forty-five (45) days, the Village may accept a bid and award the work to any bidder whose Bid has not been withdrawn prior to such acceptance.

G. The right is reserved to reject any bid or all bids and to waive any informality in any bid received.

H. The successful Bidder, upon their failure or refusal to execute and deliver the Contract and required bond, together with all policies and certificates of insurance within seven (7) days after he has received notice of acceptance of their bid, shall forfeit to the Village, as liquidated damages for such failure or refusal, the security deposited with the Bid.

INSURANCE REQUIREMENTS

The Contractor shall furnish:

A. One original policy of insurance plus a Certificate of Insurance Or One CERTIFIED COPY OF THE ORIGINAL POLICY of insurance PLUS A CERTIFICATE OF INSURANCE for each of the several kinds of insurance specified in paragraph (B) of this Section. All of such policies shall be delivered to the office of the Village of Wampsville Clerk.

The Contractor shall procure and maintain at their expense without expense to the Village of Wampsville all of the insurance required herein. Such insurance shall be written by an insurance company authorized to write insurance in the State of New York, shall be drawn on standard forms approved by the New York State Insurance Department and shall protect the Contractor, their sub-contractors and the Village of Wampsville from liability for claims for personal injury, death and property damage which may arise from operations under the Contract. All property damage shall include coverage for explosion, collapse and underground operations.

B. The kinds and amounts of insurance required are as follows:

Insuring Contractor

Insurance insuring Contractor

Contractor (*See Below)

Insuring Contractor (*See Below)

Contractor

Insuring “Village of Wampsville” for all coverage and all operations under ttheir Agreement.

(***See Below)

* The Contractor shall indemnify the Village of Wampsville against liability for claims, demands, loss, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against it by reason of any omission or act of the Contractor, their agents or employees, all sub-contractors, their or their agents or employees, including also any omission or supervisory act of the Village of Wampsville in the performance of ttheir Agreement, and shall hold the Village of Wampsville harmless there from.

** Such coverage shall remain in effect until adoption of a resolution by the Village Board declaring all of the work to be completed under ttheir Agreement.

*** Shall cover liability for damages imposed by law upon the Village of Wampsville with respect to all operations under the Agreement performed by the Contractor.

VILLAGE of WAMPSVILLE

NEW YORK

SNOW REMOVAL OF SIDEWALKS

INSTRUCTION TO BIDDERS

Receipt of Bids- The Village may consider any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any or all bids. Any bid may be withdrawn prior to the indicated time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. No bidder may withdraw a bid within forty-five (45) days after the actual date of the bid opening.

Preparation of Bids- Each bid must be submitted on the prescribed form. The following instructions refer to the Bid Proposal:

A. Fill out and complete each item of the Bid Proposal by inserting the prices, both in figures and in words.

B. Fill out completely the Contractor’s qualifications. The Village may request additional information on the qualifications of the bidders and may reject the low bidder if such information is not supplied within ten (10) days of receipt of such request.

C. The Non-Collusive Bidding Certification is included in the Bid Proposal. Sign the Certification, including address and placement of Corporate Seal, if a corporation.

D.Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, their address, and the name of the project for which the bid is submitted.

Addenda and Interpretations- No interpretation of the meaning of the specifications or other pre-bid documents will be made to any bidder orally.

Every request for such interpretation should be in writing addressed to the Mayor, Wampsville, New York: and to be given consideration, must be received at least seven (7) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such interpretation shall not relieve such bidder from any obligation under their bid as submitted.

Qualifications of Bidder- The Village may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Village all such information and data for their purpose as the Village may request. The Village reserves the right to reject any bid if the evidence submitted by or investigation of, such bidder fails to satisfy the Village that such bidder is properly qualified to carry out the obligations of the bid contract and to complete the work contemplated therein, Conditional bids will not be accepted.

Notification of Award- Following analysis of the bid proposals and after appropriate investigation of the bidder’s qualifications, the Village will, within forty-five (45) days after the date of the bid opening, notify the accepted bidder of the award of the contract to their organization.

Failure to Enter Into Contract- The accepted bidder, upon their failure or refusal to execute and deliver the contract, policies of insurance as required within seven (7) days after he has received notice of award, shall forfeit to the Village, as liquidated damages for such failure or refusal, the security deposit with their bid proposal.

Insurance Requirements- Insurance policies must be filed within seven (7) days after the Contractor has received notice of award in the minimum limits as provided in “Information For Bidders, Section – Bond and Insurance Provision.”

Examination of Area to Be Served- At the time of the opening of bids each bidder will be presumed to have inspected all areas of the Village of Wampsville to be serviced for the removal of snow from the village sidewalks,and to have read and to be thoroughly familiar with the documents herein, including Specifications annexed hereto. The failure or omission of any bidder to inspect the area to be serviced shall in no way relieve him from any obligation in respect to their bid.

Term- The duration of the Contract shall be for one(1) year

Condition of work- Each bidder must inform himself fully of the conditions relating to snow removal of the village sidewalks. Failure to do so will not relieve a successful bidder of their obligations to carry out the provisions of their contract.

Laws and Regulations- The bidder’s attention is directed to the fact that all applicable Federal and State Laws, Municipal Ordinance, and the rules and regulations of all authorities having jurisdiction over the collection and disposal of refuse, screenings, and recyclables shall apply to the contract throughout and they shall be deemed to be included in the contract as though herein written out in full.

Pre-Work Conference- Prior to commencement of work a meeting shall be held with the representatives of the contractor and a representative for the Village of Wampsville. Ttheir meeting is intended to introduce the various key personnel of the Contractor and the Village and to discuss the start show removal of the village sidewalks.

Method Award-Lowest Qualified Bidder- The contract will be awarded to the qualified bidder who submits the lowest, formal, responsible total bid price. The Village reserves the right to waive any informalities and to reject any or all bids.

Contract Period- The contract period for the agreement shall be October 1st 2026-April 30th 2027.

VILLAGE OF WAMPSVILLE

Wampsville, New York

BID PROPOSAL

SNOW REMOVAL OF VILLAGE OF WAMPSVILLE SIDEWALKS AND VILLAGE HALL PARKING LOT

The undersigned hereby declares that he has carefully examined all contract documents, including Specifications, and that he has personally inspected the actual locations in the Village of Wampsville to be serviced with snow removal of village sidewalks and village hall parking lot and understands that in signing their proposal he waives any right to plead any misunderstanding regarding the same, and agrees to be bound by the provisions contained in the “Instructions to Bidders.”

Commencing October 1, 2026 and ending April 30th 2027.

To induce the making of their contract, the Contractor represents to the Village the following, as evidence of Contractor’s qualifications to perform the work and the service Herein specified:

One (1)Year Contract – Lump Sum for snow removal of village sidewalks. $ .00.

00/100 Dollars.

BID PROPOSAL

1. How many years has your organization been in business under the name in which you propose to execute their contract?

2. What projects, service of work similar to that proposed herein or performance of Contracts involving expenditures in excess of $5000.00 has your present organization completed? Give the information indicated by the following tabulations:

3. Has your present organization ever failed to complete any work awarded to it? If so, state when, where and why.

NON-COLLUSIVE BIDDING CERTIFICATION

Section 103-d of the General Municipal Law required the following statement subscribed by the bidder as true under the penalties of perjury: By submission of their bid, each bidder and each person signing on behalf of any bidder certifies, and in a 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 their 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 their 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 a bid for the purpose of restricting competition.

Section 103-d of the General Municipal Law, as amended by Chapter 675 L 1966, in Addition to requiring the above certification provides as follows:

A bid shall not be considered for award nor shall any award be made where (1), (2), and (3) above have not been complied; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1), (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or their designee, determines that such disclosure was not made for the purpose of restricting competition.

Any bid hereafter made to any political subdivision of the state or any public department, Agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold where competitive bidding is required by statute, rule, regulation, or local law and where such bid contained in the certification referred to in subdivision one of their section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusive as the act and deed of the corporation.

Dated: _________________202_

Company

Address

CORPORATE SEAL

BID RESOLUTION

(Corporate Bidders Only)

Resolvedthat_______________________________________________________ be authorized to sign and submit the bid or proposal of their corporation for the following Project: ___________________________________________________ (Describe Project)

And to include in such a bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate, the corporate bidder shall be liability under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by _________________________________ corporation at a meeting of its board of directors held on the _____________day of 202__.

CORPORATE SEAL

Secretary

CERTIFICATION OF EQUIPMENT

TO

Village of Wampsville

STATE OF NEW YORK

MADISON COUNTY ss:

VILLAGE OF WAMPSVILLE

1.That the bid as set forth in the attached proposal sheet has been submitted by deponent on behalf of __________________________________________________________

2. That as an inducement to the Village of Wampsville and for the purposes of reliance thereon by the Village of Wampsville, deponent certifies that the following itemized equipment is owned by _________________________________________________ and said equipment will be regularly used in performing the services bid for in the attached proposal sheet.

3. That the following is an itemized statement of the equipment to be used: (Give make and model of truck and body, and year of manufacture).________________________

Subscribed and sworn to before me the__ day of ____________202__.

Notary Public

_____________________________L.S.

AGREEMENT

THIS CONTRACT is made and entered into the ____day of ___________202__, By and between the Village Board, Village of Wampsville, hereinafter, called the Village party of the first part, and __________________________________________________ of _____________________________________________________________________ hereinafter designated as the CONTRACTOR, party of the second part.

WITNESSETH: That the parties hereto, each in consideration of the agreement on the part of the other herein contained, have mutually agreed and hereby mutually agree, the party of the first part for itself and its successors, and the party of the second part, for itself, himself or themselves and its successors, their or their executors, administrators and assigns as follow:

ARTICLE 1. DESCRIPTION. Under the Agreement and Contract, the Contractor will remove the snow from all village sidewalks and the village parking lot, located within the boundaries of the Village of Wampsville on a scheduled week day, once each week during period commencing October 1st 2026-April 30th 2027

ARTICLE II. In consideration of the payments to be made as hereinafter provided, and of the performance by the Village of all of the matters and things to be performed by the Village as herein provided, the Contractor agrees, at their own sole cost and expense, to perform all of the labor and services, and to furnish all the labor and materials, plant and equipment necessary to complete, and to complete in good, substantial, workmanlike and approved manner, the work described under Article I hereof, within the time hereinafter specified and in accordance with the terms, instructions and orders of the Contract.

ARTICLE III. The Village agrees to pay and the Contractor agrees to accept as full compensation for all work done and materials furnished, and also for all costs and expenses incurred, and loss or damages sustained by reasons of the action of the elements or growing out of the nature of the work, or from any unforeseen obstructions or difficulty encountered in the prosecution of the work, and for all risks of every description connected with the work, and for all expenses incurred by, or in consequences of , the suspension or discontinuance of the work as herein specified, and for faithfully completing the work, and the whole thereof, as herein provided, and for maintaining the work in good condition until the final payment is made, the prices stipulated in the bid hereto attached.

ARTICLE IV. CONTRACT DOCUMENTS. The following documents shall constitute integral parts’ of the agreement, the whole to be collectively known and referred to as The Contract; Advertisement; Information for Bidders; Instruction to Bidders Bid; Bid Proposal; Bid Resolution (if corporate bidder); Certification of Equipment; Bid Agreement; Payment Items; and all interpretations of or addenda to the Contract Documents issued by the Village.

The Table of Contents, indexes, headings, Titles, contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer.

ARTICLE V. If the Contractor shall fail to comply with any of the terms, conditions, provisions or stipulations of the Contract, according to the true intent and meaning thereof, then the Village may make use of any of all remedies provided in that behalf in the Contract and shall have the right and power to proceed in accordance with the provisions thereof.

ARTICLE VI. The undersigned Contractor hereby certifies that no arrangements have been made to use subcontractors for any phase of ttheir Contract and that the use of subcontractors is not contemplated. If at any later date the use of subcontractors is contemplated, the Contractor agrees to furnish and pay for all insurance as set forth in the Information for Bidders to cover the operations of such subcontractor and in the event of the failure of the said Contractor to furnish such insurance, the Contractor agrees to save the Village harmless from claims, suits, actions and demands resulting from any work performed by any subcontractor.

IN WITNESS WHEREOF, the parties to this Agreement have hereunder set their hands and seals and have executed their Agreement in quadruplicate the day and year first above written.

VILLAGE OF WAMPSVILLE

_____________________________ Date:

Mayor:

_____________________________ Date: Contractor:

ACKNOWLEDGMENT OF OFFICER OF VILLAGE ATTESTING CONTRACT

State of New York County of Madison ss:

duly sworn, did depose and say that he is the ______________________ of the _______________________________ described in and which executed the foregoing instrument; that he knows the seal of said Village; that one of the impressions appearing on said instrument is a true and correct impression of such

ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP

On the ________ day of ____________________, 202__, before me personally Came and appeared _________________________________ to me known and known to me to be one of the members of the firm of ___________________________________ Described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and fore the act and deed of said firm.

On the ________ day of _____________________, 202__, before me personally Came and appeared _____________________________ to me known and known to me to be the person described in and who executed the foregoing instrument, and he acknowledged that he executed the same.

CERTIFICATE OF OWNER’S ATTORNEY

I, the undersigned, ________________________________________________, the duly authorized and acting legal representative of the Village, do hereby certify as follow:

I have examined the foregoing Contract and surety bond and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements have been duly executed by the proper parties thereto acting through power and authority to execute said Agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof.

Village Attorney

Date

ATTACH PERFORMANCE BOND HERE

ATTACH INSURANCE CERTIFICATE HERE

PAYMENT ITEM

SNOW REMOVAL OF THE SIDEWALKS

Work Included – All labor, equipment and materials necessary for snow removal of the ,located within the limits of the Village of Wampsville.

Performance of all operations with the conditions set forth in the Information for Bidders, “Special Conditions. “

Snow removal of village sidewalks pursuant to the provisions in the Information for Bidders, Section of their specification.

The contractor shall submit a statement on Village vouchers after the third Monday of every month. Payments will be made on the 1st Tuesday at our monthly board of trustees meeting of the following month.