PW-3-25 BG Exterior Renovations to HRC _ GOB.pdf

CHAUTAUQUA COUNTY

DIVISION OF PURCHASING

INVITATION TO BID

EXTERIOR RENOVATIONS TO HRC & GOB

ITB No. PW-3-25 BG

Contact Person: Becky Anderson, Purchasing Manager, andersob@chqgov.com

Issue Date: 6/20/2025 Pre-bid Walk Through: 6/27/25 at 9 am Questions Due By: 7/2/2025 Bid Opening Date (2:00PM): 7/8/2025

Sealed bids are to be remitted no later than the due date and time to:

Purchasing Manager Chautauqua County

Dept of Finance—Purchasing Division 454 N. Work Street Falconer, NY 14733

Paul M. Wendel, Jr.

County Executive

Kitty L. Crow Director of Finance

Becky Anderson

Brandi McIntyre Purchasing Agent

Nicole Pattison

Tina Huckabone mailto:andersob@chqgov.com

NOTICE TO BIDDERS

Publish Date: June 20, 2025

Chautauqua County is accepting sealed bids for:

Exterior Renovations to HRC & GOB

INVITATION TO BID

NO. PW-3-25 BG

Invitation to Bid (ITB) Documents are available at the County’s Purchasing Office, 454 N. Work Street, Falconer, NY 14733, may be downloaded from Bidnetdirect.com/new-york, or may be requested by email from andersob@chqgov.com. Chautauqua County is not responsible for the completeness or accuracy of ITB documents received from any other source, and the successful bidder shall be subject to official County ITB terms and conditions.

A pre-bid meeting will be held on June 27, 2025 9:00 am at 7 N. Erie Street, Mayville, NY outside of the Office for Aging Services on the 1st floor of the HRC building.

Bids must be received by the County’s Purchasing Office no later than 2:00 P.M. on July 8, 2025, at which time they will be publicly opened and read. Each bid envelope must be plainly marked with the proposal number and the item bid therein.

mailto:andersob@chqgov.com

Invitation to Bid No. PW-3-25 BG Bids Due:

At Chautauqua County Finance Department, Purchasing Division

454 N. Work Street, Falconer NY 14733

2:00 PM

THE FOLLOWING FORMS MUST BE SUBMITTED

BID FORM

SEALED SUBCONTRACTORS LIST

NON-COLLUSION BIDDING CERTIFICATION

AFFIDAVIT'S

ACKNOWLEDGEMENT'S

By submission of this bid, the bidder and each person signing on behalf of the bidder certifies that they have read and adhere to all the terms and conditions as proposed in the attached Invitation for Bid Number PW-3-25 BG and any addendums received for the Exterior Renovations to HRC & GOB.

Submittal Page:

COMPANY NAME________________________________________________

SIGNED________________________________________________________

PRINT NAME OF SIGNER_________________________________________

TITLE_________________________________________________________

E-MAIL_______________________________________________________

FEDERAL ID NO.______________________________________________________________

ATTENTION BIDDERS – BID RESPONSE FORM

If you find that you are not interested in bidding/quoting this particular project please indicate your reasons below. If you wish to be removed from our bidders list, please fill in this sheet and return by emailing or faxing to: andersob@chqgov.com.

Bid Number: PW-3-25 BG Name of Project being bid: Exterior Renovations to HRC & GOB

VENDOR NAME: ______________________________________

COMPANY: ______________________________________

ADDRESS: ______________________________________

PHONE:____________________/Email: _____________________________

For purposes of facilitating your firm's response to our invitation to bid, the County of Chautauqua is interested in hearing reasons for your not wishing to be on the bid list.

WE ARE NOT INTERESTED BECAUSE:

_____ Service requested is not provided by our Company.

_____ Services and/or materials do not meet your specifications.

_____ Specifications are not clearly understood or applicable _____too vague _____ too rigid.

_____ Job/Project is too small

_____ Insurance Requirement

_____ Other reason not listed above (or) elaborate on the checked marked reason above:

CHAUTAUQUA COUNTY

RESPONSE CHECKLIST - ITB NO. PW-3-25 BG

Please note below a list of documents which must be submitted in full as part of this bid. Failure to submit any of the documents as part of your bid or failure to acknowledge any addendum in writing with your bid may be cause for rejection of the bid.

Please check each item indicating your compliance:

THIS CHECKLIST MUST BE SUBMITTEDAS PART OF YOUR BID.

_____RESPONSE CHECKLIST

_____NON-COLLUSION CERTIFICATE

_____IRANIAN DIVESTMENT CERTIFICATE

_____FINANCIAL AFFIDAVIT

_____ AFFIDAVIT OF A FOREIGN CORPORATION

_____CORPORATE ACKNOWLEDGEMENT CERTIFICATE

_____EXCLUSION CHECK

_____BID FORM

_____REQUIRED FORMS AS LISTED IN THE SPECIFICATIONS AS APPLICABLE

_____ADDENDUM(S) ACKNOWLEDGE (IF APPLICABLE)

_____ONE (1) ORIGINAL AND ONE (1) COPY OF YOUR SUBMITTED BID

_____INSURANCE CERTIFICATES

COMPANY

TELEPHONE NUMBER

ADDRESS

EMAIL ADDRESS

AUTHORIZED REPRESENTATIVE (PRINT) TITLE

AUTHORIZED SIGNATURE

DATE

SPECIFICATIONS

Chautauqua County is currently soliciting for the exterior renovations of the Hall R Clothier Building (HRC) and the Gerace Office Building (GOB). We plan on the HRC Building being done first, with the GOB after, possibly in the same year.

A walk-through will be held on June 27th at 9 a.m. Meet at the Hall R. Clothier building, 7 N. Erie Street, outside of the Office for Aging Services. Please contact Josh Rothwell at (716)753-4821 if you will be attending.

The sequence of tasks will be decided by the selected contractor and Josh Rothwell, Chautauqua County Assistant Deputy Director of Public Facilities Buildings and Ground, and shall be applied identically to both buildings:

1. Concrete Repair Areas of concrete deterioration shall be identified and properly repaired to restore structural integrity and surface uniformity.

2. Joint Sealing and Repointing Seams shall be caulked as needed. In addition, all deteriorated or damaged joints shall be repointed to ensure proper sealing and appearance. Existing components must be ground out to minimum requirements as per the recommendations of material used.

3. Power Washing All exterior surfaces shall be power washed to remove dirt, debris, and loose material. This must be completed before any further work begins.

4. Waterproofing Once all repairs and joint work are complete, the concrete surfaces shall be treated with a suitable waterproofing application to protect against moisture infiltration.

Any lifts and safety precautions shall be the responsibility of selected contractor and coordinated with Josh Rothwell. Any damages to the lawn or other County property are the sole responsibility of the selected contractor. Any debris is the responsibility of the selected contractor.

Any questions can be answered during the pre-bid meeting.

INSTRUCTIONS TO BIDDERS

Enclosed with these Instructions are:

(a) A Copy of the Public Notice identifying goods and/ or services being sought and specifying the date, time and location of receipt and examination of bids by Chautauqua County;

(b) Specification(s) for item(s) on which bids are being solicited; and

(c) Non-Collusion Bidding Certification, Bid Response Form, Bid Form, Sealed Subcontractors list

(as applicable), Corporate Affidavit, Affidavit of Financial Records, and Iranian Divestment Certification Pursuant to Section 103-g, all of which must be completed and returned with each bid submitted. Product Data Sheets may also be submitted when applicable.

1. Bidders are responsible for submitting their bids to the appropriate location at or prior to the date and time set forth in County’s bid documents. No bids will be accepted after the designated date and time. Delay in mail delivery is not an exception to this rule. BIDS WILL NOT BE ACCEPTED VIA FACSIMILE OR E-MAIL. Bids which are not timely submitted will be returned unopened.

2. ADDENDUMS/MODIFICATIONS: Questions must be submitted by July 2, 2025 as specified on the front sheet of this invitation to bid. All questions must be sent to the Purchasing Manager or Agent. The questions will be forwarded to the department or Engineering Firm for clarification. The clarifications shall be sent via email to all plan holders and posted on Bidnet. The Engineering firm may disperse clarifications on behalf of the Purchasing Manager or Agent.

• “From the time of issuance of a County Invitation for Bid until final determination of the successful vendor, all prospective vendor questions and communications shall be directed to the Purchasing Manager and/or agent. Contacting any other County employee prior to County’s issuance of a bid award may result in rejection of a bid.”

Only those bidders who obtain documents from the Purchasing Division and Bidnet are guaranteed to receive addendum information.

3. Bids must be submitted in a sealed envelope plainly marked with the title of the bid and the bid number. Bidder’s name and complete mailing address must be included on the outside of the envelope.

and/or Agent in Charge:

Bid Title: Exterior Renovations to HRC & GOB ITB No. PW-3-25 BG

4. As set forth in General Municipal Law §109, bid awards may not be assigned, transferred, conveyed, sublet or otherwise disposed of without County’s express written consent. Awards are subject to available funding.

5. Please complete the Bid Response form and email to andersob@chqgov.com. Chautauqua County encourages all qualified applicants, including Minority-owned Business Enterprises, Women-owned Business Enterprises, Small Business Enterprises and Disadvantaged Business Enterprises, to partake in the bidding of this and all other commodities. The successful Bidder must be an EOE.

6. Chautauqua County is exempt from all Federal and State taxes.

7. By submitting a bid, you are asking the county of Chautauqua to accept your offer for the sale of goods or services. It is important that you READ and UNDERSTAND all terms and conditions herein as well as understand the laws that govern Municipal Purchasing which can be found at http://public.leginfo.state.ny.us. All awards are subject to available funding. Each project will be bid individually and awarded as such.

8. The enclosed bid forms must be used and may not be substituted amended, or altered. Bids submitted that are not on the enclosed forms will not be considered. All bid documents must be submitted for each bid, and must be signed by an authorized individual. Documents with a place for a notary signature must be notarized. Copies of bid documents obtained from any other source are not official copies.

9. Bid Guaranty: Where applicably indicated, each Proposal must be accompanied by a bid guaranty which shall not be less than ten percent (10%) of the total base bid amount. The guaranty may be a certified check, bank draft, or standard form Irrevocable Letter of Credit. If the specified form of bid guaranty is a Bid Bond, such Bond shall be secured by a guaranty or surety company authorized to do business in the State of New York as a surety. Proposals received without the specified guaranty may be deemed non-responsive. Certified check or bank draft must be payable to the order of "Chautauqua County Director of Finance." Cash deposits will not be accepted. The bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds and insurance by the successful Contractor, all as required by the Contract Documents.

Bid guaranties in the form of certified check, bank draft or letter of credit will be returned to bidders other than the successful Contractor within ten (10) days after the contract is awarded. The bid guaranty of the successful Contractor will be returned upon execution of the Contract and submission of required bonds and insurance. All awards are subject to available funding.

10. Contract Term:

Chautauqua County reserves the right to terminate this contract at any time for any reason in whole or in part upon thirty (30) days’ written notice to the successful Contractor. The County also reserves the right to cancel the contract immediately for breach or non-performance.

http://public.leginfo.state.ny.us/

11. Withdrawal of Bids: Negligence on the part of the Bidder in preparing his bid confers no right for the withdrawal of the bid after it has been opened. Any Bidder, upon his properly notarized written request, will be given permission to withdraw his bid not later than the time set for opening. At the time of opening of the bids, when such bid is included, it will be returned to the Bidder unopened.

Pursuant to General Municipal Law, Section 105, Contractor may not withdraw its bid within forty-five (45) days after the bid opening.

12. Execution of Agreement:

a. The Bidder, whose proposal has been accepted, shall have a legally authorized representative execute the Agreement and submit it to the County Legal department as directed as such Department.

b. In addition, the successful Bidder, within the period stipulated in the Notice of Award, shall procure, execute, and deliver to the County and maintain, at its own cost and expense, until the Final Completion date of the work covered by this Agreement, proof of insurance as required on the attached Appendix “C”, and a performance and payment bonds submitted by a surety company authorized to do business in the State of New York as a Surety:

• Chautauqua County requires the bonds and insurance prior to execution of the Agreement.

These documents will be considered as part of the final contract.

• Please note that contracts $10,000.00 or less are not subject to performance and payment bonds.

• Contractor shall not perform any work pursuant to the Agreement, and shall not be entitled to any payment under the Agreement, unless and until County is in possession of all requested Bond Certificates.

(1) Performance Bond - in an amount not less than one-hundred percent (100%) of the total amount payable to the Contractor by the terms of the contract.

(2) Labor and Material Bond - in an amount not less than one hundred percent (100%) of the total amount payable to the Contractor by the terms of the contract.

13. Award:

Each project will be awarded separately. All awards are subject to available funding.

SPECIFICATIONS

Chautauqua County is currently soliciting for the exterior renovations of the Hall R Clothier Building (HRC) and the Gerace Office Building (GOB). We plan on the HRC Building being done first, with the GOB after, possibly in the same year.

The following sequence of tasks shall be applied identically to both buildings:

5. Power Washing All exterior surfaces shall be power washed to remove dirt, debris, and loose material. This must be completed before any further work begins.

6. Concrete Repair Areas of concrete deterioration shall be identified and properly repaired to restore structural integrity and surface uniformity.

7. Joint Sealing and Repointing Seams shall be caulked as needed. In addition, all deteriorated or damaged joints shall be repointed to ensure proper sealing and appearance.

8. Waterproofing Once all repairs and joint work are complete, the concrete surfaces shall be treated with a suitable waterproofing application to protect against moisture infiltration.

GENERAL CONDITIONS OF THE CONTRACT

INDEX

GENERAL PROVISIONS

1. Introduction

2. Definitions

3. Intent of Documents and Instructions

4. Contract Drawings and Technical Specifications

5. Errors and Discrepancies

6. Industry Standards, Codes, and Specifications

7. Record Drawings

ADMINISTRATIVE PROVISIONS

8. Insurance

9. Royalties and Patents

10. Permits and Laws

11. Assignment

12. Title to Project Materials

13 Exemption from Sales and Compensating Use Taxes and Surcharges

14. Liens

PROSECUTION AND PROGRESS

15. Preconstruction Conference

16. On-Site Job Meetings

17. Construction Schedule

18. Subcontractors

19. Coordination with other Contractors, Utilities, and Owner Forces

20. Correction of Work

21. Payments to the Contractor

22. Payments Withheld

23. Temporary Suspension of Work

24. Changes to the Work

25. Emergencies

26. Differing Site Conditions

27. Claims for Extra Cost

28. Delays and Extension of Time

29. Delay Damages

30. Right to Use Work

31. Guarantee Period

32. Owner's Right or Terminate and/or Complete Contract

33. Removal of Equipment and Supplies

MATERIAL AND WORK REQUIREMENTS

34. Workmanship

35. Shop Drawings

36. Samples

37. General Arrangement

38. Standard Products and Materials

39. Certificates

40. Tests

41. Equivalents and Substitutions

42. Additional Engineering Services

43. Structural Design

44. Dimensions

45. Maintenance and Operations Manual/Spare Parts Data

SITE CONDITIONS

46. Site Investigation

47. Location of Existing Utilities

48. Borings and Subsurface Data

49. Survey and Layout

50. Superintendence

51. Safety and Protection

52. Accidents

53. Temporary Services

54. Storage and Handling of Materials

55. Protection of Work, Materials, and Equipment

56. Inclement Weather

57. Protection of Property

58. Cleaning Up

59. Inspection of Work

GENERAL CONDITIONS OF THE CONTRACT

GENERAL PROVISIONS

1. INTRODUCTION

The purpose of the “General Conditions of the Contract” is to set forth the general manner in which Owner, Contractor, and Consultant will perform under the Agreement. The provisions of the “Supplementary General Conditions” may modify specific requirements of these General Conditions.

2. DEFINITIONS

a. “Agreement” or “The Agreement” means the contract executed by Contractor and Owner, including amendments and change orders executed by both parties.

b. “Consultant” means a professional designated by Owner as Owner’s consultant, which may be an engineering, architect, landscape architect, or surveyor firm.

c. “Contract Documents” means documents defined as such in the Agreement, and includes without limitation the Agreement, the Notice to Bidders, Instructions to Bidders, Contractor’s bid, the bid guaranty, bid bonds, General Conditions, Special Conditions, Drawings and Specifications, and all modifications thereof.

d. Contractor” means the bidder which is awarded the Agreement.

e. “Owner” or “County” means the County of Chautauqua.

f. “Project” means all items encompassed by Owner’s bid package and the Contract Documents, including items in Contractor’s Agreement, items in the agreements of other contractors, and items to be addressed by Owner, utility companies, and others.

g. "Work" or “The Work” means all labor, materials, equipment, and other incidentals and things to be done, furnished, or performed by Contractor to construct the Project, pursuant to and in accordance with its Agreement.

3. INTENT OF DOCUMENTS AND INSTRUCTIONS

a. The Specifications, Drawings, and any instructions set forth in the bid package are complemen-tary. They are intended to provide for and include everything necessary for the proper and orderly execution and completion of the Project. Any Work shown in the bid documents for which there are no particular specifications, or the omission from bid Drawings and/or bid Specifications of express reference to any work which obviously was intended to be included in the Project, shall not excuse or relieve Contractor from furnishing the same. Work or materials described in words which have a generally accepted technical or trade meaning, shall be interpreted by such customary and recognized standard of meaning.

b. Wherever the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used in the Specifications or on the Drawings, it shall be understood that the direction, requirement, permission, order, designation, and prescription of Owner is intended.

Similarly, the words "approved," "acceptable," "satisfactory," and words of like import shall mean approved by, acceptable to, and satisfactory to Owner, unless otherwise expressly stated.

c. References herein to Contractor’s employees shall be deemed to mean any person working on the Project who is under Contractor’s or its subcontractor’s direction and control, or who receives compensation from Contractor.

d. Written notice shall be deemed to have been given: upon receipt, if delivered in person to the individual or to a member of the firm, or to an officer of the corporation, for which it is intended;

on the third day after mailing if sent by first-class mail; upon delivery, if sent by overnight delivery;

on the next business day, if sent via facsimile; or upon receipt of a “delivery receipt,” if sent via e-mail. Notices which are sent via mail shall be sent to the address listed on the first page of the Agreement, or to such alternate address as the recipient has specified in writing. Notices sent via facsimile or e-mail shall be sent to such address as the recipient specifies, in writing.

e. All time limits stated in the Contract Documents are of the essence.

f. All directives to Contractor shall be issued by Owner unless otherwise specified in the bid documents, or in writing by Owner. All Contractor inquiries shall be directed to Owner.

4. CONTRACT DRAWINGS AND TECHNICAL SPECIFICATIONS

a. Contractor will be furnished, without charge, five sets of Contract Drawings, and five sets of Technical Specifications. County will provide such documents either on compact disk or in paper form. Additional sets of documents will be furnished, upon Contractor’s request, at cost.

b. All deviations from the Drawings and Specifications proposed by Contractor, whether prior to or during construction, shall require Owner’s written approval. Contractor’s written deviation request shall be accompanied by complete drawings, details, and specifications covering the proposed Work, all prepared under the supervision of a professional engineer or architect licensed by the State of New York and subject to the approval of Owner, at Contractor’s expense.

5. ERRORS AND DISCREPANCIES

The bid Drawings are intended to agree with the bid Specifications. Should any discrepancy arise between them or any error, discrepancy, or inconsistency appear or occur in Drawings or Specifications or in work performed by other Contractors employed by Owner, Contractor, before proceeding with the Work, shall contact Owner for clarification and in no case shall Contractor proceed with the Work until advised in writing by Owner. Determinations made by Owner in this regard shall be final and conclusive. Where work is shown schematically on the bid Drawings, Contractor shall be responsible for the proper arrangement of its Work to avoid interferences with adjacent work.

6. INDUSTRY STANDARDS, CODES, AND SPECIFICATIONS

a. Wherever reference is made to any published standards, codes, or standard specifications, it shall mean the standard code, specification, or tentative specification of the technical society, organization, or body referred to, which is in effect on the date of the Work. Where specified articles, sections, paragraphs, or other subdivisions of the referenced publications are not stated, the referenced publication shall apply in full. Where a date is indicated for a standard, code, or standard specification, the latest or most recent revision in effect at the date of the Work shall apply.

b. The following is a partial list of typical abbreviations which may be used in the Specifications and the organizations to which they refer:

AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AIA American Institute of Architects AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute ASTM American Society for Testing and Materials AWS American Welding Society AWWA American Water Works Association Fed. Spec. Federal Specifications NEC National Electric Code NEMA National Electrical Manufacturers Association OSHA Occupational Safety and Health Administration CRSI Concrete Reinforcing Steel Institute

c. Contractor, when required, shall furnish evidence satisfactory to Owner that materials and methods are in accordance with such standards, as required. Such standards, codes, and specifications shall be construed to be the minimum requirements of Contract Documents.

7. RECORD DRAWINGS

a. Contractor shall obtain at its expense one (1) set of construction contract drawings in non-reproducible black and white print for the purpose of recording as-built conditions.

b. Contractor shall perform all survey work required for the location and construction of Work, and for the recording of information necessary for completion of the record drawings. Record drawings shall show the actual location of the Work in the same manner as was shown on the bid drawings.

All elevations and dimensions shown on the drawings shall be verified or corrected so as to provide a complete and accurate record of the facilities as constructed.

c. Contractor shall mark each sheet of the non-reproducible drawings in pencil and record thereon, in a legible manner, any and all approved field changes and conditions as they occur. A complete file of approved field sketches, diagrams, and other changes shall also be maintained and attached to the as-built set of drawings. At completion of the work, each sheet of as-built prints, plus all approved field sketches and diagrams, shall be certified as reflecting as-build conditions and submitted to Owner or Consultant, for its approval and use in preparation of Record Drawings and in establishing the value of the work to be specified in the final certificate.

d. Owner will record all approved field changes and conditions on the reproducible record drawings.

Each sheet will be signed by Owner, and will be certified as reflecting "as-built" conditions by a licensed engineer, architect, landscape architect, or surveyor, as appropriate, employed by Owner.

ADMINISTRATIVE PROVISIONS

8. INSURANCE

Contractor shall furnish the insurance as described in the Agreement. Within ten (10) calendar days of the Notice of Award and prior to the commencement of any work under the Agreement, Contractor shall furnish to Owner a certificate or certificates of insurance in a form satisfactory to the Chautauqua County Attorney, which certificate or certificates evidence the existence of the required insurance coverage, that Owner has been named as an additional insured and that the certificates provide that Owner be given at least thirty (30) days’ notice of any intent to cancel coverage. Failure to supply a satisfactory certificate within ten (10) calendar days after the date of the Notice of Award may result in cancellation of award and forfeiture of CONTRACTOR'S bid security, in the sole discretion of Owner.

9. ROYALTIES AND PATENTS

Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any patent or other intellectual property rights, and shall indemnify and hold Owner harmless from loss on account thereof.

10. PERMITS AND LAWS

Contractor shall comply with all Federal, State, and Local Laws, regulations and ordinances affecting the Work, and shall give proper public authorities all requisite notice in connection with the Work.

Contractor shall, at its own expense, obtain and pay for all necessary licenses, permits, and other needed approvals, authorizations, or permissions, unless otherwise stated in the bid Special Conditions. Contractor shall be solely responsible for any damage resulting from its neglect to obey a law, regulation, rule, requirement, or ordinance. In the event Contractor performs Work called for by Contract Documents, knowing it to be contrary to a law, regulation, rule, requirement, or ordinance, it shall bear all costs, expenses, and damages arising therefrom.

Contractor shall comply with the United States Department of Labor safety and health regulations for construction, as applicable, promulgated under the Occupational Safety and Health Act of 1970 (29 USC 651 et. seq.) and under the Contract Work Hours and Safety Standards Act (40 USC 3701

et. seq., and 29 CFR Part 5), as amended. Nothing in the Act shall be construed to supersede or in any manner affect any worker's compensation law or to enlarge or diminish or affect in any manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment. The Prevailing Wage Schedule for this is PRC2025005373.

11. ASSIGNMENT

Contractor shall not assign any monies due to it hereunder, without the prior written consent of Owner.

12. TITLE TO PROJECT MATERIALS

a. Title to all materials to be sold by Contractor to Owner pursuant to the Agreement shall immediately vest in and become the sole property of Owner upon delivery of such materials to the site. Notwithstanding such transfer of title, Contractor shall have the sole continuing responsibility to install such materials, protect them, maintain them in proper condition and forthwith repair, replace and make good any damage thereto without cost to Owner, until such time as the Work is fully accepted by Owner. Such transfer of title shall in no way affect any of Contractor’s obligations under the Agreement. In the event that, after title to materials has passed to Owner, any such materials are rejected as being defective or otherwise unsatisfactory, Contractor shall promptly replace the defective or unsatisfactory materials with acceptable materials, at no additional cost to Owner.

b. Contractor shall, upon Owner’s request, furnish to Owner such bills of sale and other instruments as may be requested by Owner, properly executed, acknowledged, and delivered, assuring to Owner unencumbered title to materials incorporated into the completed Project.

Contractor shall mark or otherwise identify all such materials as the property of Owner.

13. EXEMPTION FROM SALES AND COMPENSATING USE TAXES AND

SURCHARGES

a. Owner is exempt from payment of sales and compensating use taxes of the State of New

York and of cities and counties on all materials separately sold to Owner pursuant to the Agreement. This exemption does not, however, apply to tools, machinery, equipment or other property purchased by, or leased by or to Contractor or a subcontractor, or to supplies or materials not incorporated into the completed Project. Contractor and its subcontractors shall pay any and all applicable taxes, including sales and compensating use taxes, on such unincorporated items, it being understood that in no case shall such tax be borne by Owner.

b. County will not pay any type of fuel surcharge unless otherwise stated in in Contract

Documents. Any unauthorized fuel charges included in Contractor’s payment requests will be disregarded.

14. LIENS

Neither the final payment under the Agreement nor any part of the retained percentage shall become due until Contractor delivers to Owner a complete release of all liens arising out of the Agreement, or receipts in full in lieu thereof, and an affidavit which certifies, so upon knowledge and information, that the releases and receipts include all the labor and materials for which a lien could be filed; but Contractor may, if any subcontractor or material supplier refuses to furnish a release or receipt in full, furnish a bond satisfactory to Owner, to indemnify Owner against any lien.

Upon Owner’s request Contractor shall, at its own expense, by bonding or otherwise, secure the prompt discharge of any lien or liens which may be filed against the property, labor, or materials in connection with the Agreement.

PROSECUTION AND PROGRESS

15. PRECONSTRUCTION CONFERENCE

At Owner’s direction, prior to commencement of Work, Contractor and its major subcontractors shall attend a preconstruction conference. The conference may include discussion of proper coordination of Work, maintenance of schedules, and other aspects of the Project.

16. ON-SITE JOB MEETINGS

On-site job meetings will be held during Project construction. Supervisory personnel representing Contractor and its major subcontractors must attend, as required in Owner’s sole discretion.

17. CONSTRUCTION SCHEDULE

a. Before commencing Work, Contractor shall submit to Owner for written approval, a construction schedule showing in detail the proposed sequence of Work, and the estimated date of starting and completing each stage of the Work in order to timely complete the Project. The schedule shall reflect the proposed percent of the value of the Agreement to be accomplished each month. If so required, the schedule shall be revised until it is approved by Owner. It is agreed and understood that Owner’s approval of Contractor’s construction schedule does not relieve Contractor from responsibility for completing its Work in accordance with the time frame specified in the Agreement. The construction schedule shall be coordinated with the proposed schedules of other contractor(s) and County workers, if any, engaged in work at the site. No payment will be made to Contractor until a construction schedule has been so approved.

b. Contractor shall coordinate its work so as to maintain its schedule(s), as approved. Should Contractor fail to adhere to any phase of the approved schedule, Contractor shall promptly adopt such additional means or methods of construction, including overtime, as may be necessary to make up lost time and complete each phase of its Work in accordance with the schedule, all at no additional cost to Owner.

c. The schedule shall be marked by Contractor to indicate progress, shall be resubmitted to Owner monthly, and shall reflect revised estimates and actual durations and percent complete. Resubmitted schedules shall be accompanied by a detailed description of Work to be accomplished during the succeeding month.

18. SUBCONTRACTORS

a. Contractor shall notify Owner in writing of the names of proposed subcontractors, noting associated work, and shall not employ any to whom Owner has a reasonable objection.

b. Contractor agrees that it is fully responsible to Owner for the acts and omissions of all subcontractors and of persons either directly or indirectly employed by Contractor, as it is for the acts and omissions of persons directly employed by it.

c. Nothing contained in Contract Documents shall create any contractual relationship between any subcontractor and Owner.

d. Wicks Law (see General Municipal Law § 101[1][a]-[c];[2]; State Finance Law § 135; and Public Authorities Law §§ 1045–i[2–a]; 1048–i[2–a]; 3303[10][c–1]; 3402[9][c–1]; 3603[9][c–1]; 3628[11][c– 1];) requires separate specifications for County public works contracts over a specified dollar threshold. The dollar threshold for Chautauqua County is $500,000.00. Contracts exceeding that amount must include separate bids for the following types of work: plumbing and gas fitting; HVAC (steam heating, hot water heating, ventilation, and air conditioning apparatus); and electrical wiring and standard illuminating fixtures.

Pursuant to GML§101(5) each bidder on a public work contract, where the preparation of separate specifications is not required, shall submit with its bid a separate sealed list that names each subcontractor that the bidder will use to perform work on the contract, and the agreed-upon amount to be paid to each, for: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus, and (c) electric wiring and standard illuminating fixtures.

After the low bid is announced, the sealed list of subcontractors submitted with such low bid shall be opened and the names of such subcontractors shall be announced, and thereafter any change of subcontractor or agreed-upon amount to be paid to each shall require the approval of County, upon a showing presented to County of legitimate construction need for such change, which shall be open to public inspection. Legitimate construction need shall include, but not be limited to, a change in project specifications, a change in construction material costs, a change to subcontractor status as determined pursuant to paragraph (e) of subdivision two of section two hundred twenty-two of the labor law, or the subcontractor has become otherwise unwilling, unable, or unavailable to perform the subcontract. The sealed lists of subcontractors submitted by all other bidders shall be returned to them unopened after the contract award.

19. COORDINATION WITH OTHER CONTRACTORS, UTILITIES, AND OWNER

FORCES

a. Owner reserves the right to let other contracts in connection with this Project, even of like character to Contractor’s Work. Owner also reserves the right to perform additional Project work using its own forces, or to have additional work performed by utilities. Contractor shall fully cooperate with others performing Project work, to prevent delays and increased Project costs and expenses. Contractor shall familiarize itself with the work of others whose work affects or ties in with its own, and shall be fully responsible for the finished result of its own Work. Contractor shall afford other Project workers adequate opportunity for the introduction and storage of their mate-rials, and the execution of their work, and shall promptly connect and coordinate its work with theirs.

b. If any part of Contractor’s Work depends upon the work of any other Project worker for proper execution or results, Contractor shall inspect and promptly report to Owner any defect in such work that renders such work unsuitable for such proper execution and results. Contactor’s failure to inspect and report shall constitute an acceptance of the other Project worker’s work as fit and proper for the receipt of its Work, except as to defects which may develop in the other Project worker’s work after Contractor’s execution of subsequent work.

c. To ensure the proper execution of Contractor’s subsequent work, Contractor shall measure work already in place, and shall at once report to Owner any measurement discrepancy between the executed work and Contract Documents.

d. Extra costs and expenses, including without limitation additional testing and inspection, and additional Owner, Consultant and other contractor services, which are caused by defective or ill-timed work, or by the neglect or refusal of Contractor to provide or complete any portion of its Work at the proper time and in the proper manner, shall be fully borne by Contactor and at no additional cost to Owner.

20. CORRECTION OF WORK

a. Contractor shall promptly remove from the premises all materials condemned by Owner as failing to meet Contract Document requirements, whether or not incorporated in the Project, and shall promptly replace and re-execute its Work in accordance with Contract Documents, without expense to Owner. Contractor shall bear all associated costs and expenses, including without limitation addi-tional testing, inspection, and Owner and Consultant services, including engineering services, made necessary thereby, and shall bear all costs and expenses of making good all work of other Project workers destroyed or damaged by such removal or replacement.

b. If Contractor does not proceed with the correction of such non-conforming work within seven

(7) days after receipt of written notice from Owner, Owner may after such seven (7) day period give Contractor a second written notice to correct such deficiencies within a second seven (7) day period.

If Contractor within such second seven (7) day period after receipt of such second notice fails to correct any deficiencies, Owner may, without prejudice to other remedies, use whatever means it deems necessary in its sole discretion, including use of its own forces, to correct such deficiencies.

In such case a change order shall be issued deducting from payments then or thereafter due Contractor the costs and expenses of correcting such deficiencies, including compensation for any Consultant, Owner, and/or Project worker’s engineering services, and other services, costs, and expenses, made necessary by failure to correct such defective Work. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall immediately pay the difference to Owner. Upon default of immediate repayment Owner may, upon seven (7) calendar days written notice, and in addition to pursuit of other remedies available to it by law, sell non-conforming materials at auction or at private sale, and pay to Contractor the net proceeds thereof, after deducting all the costs and expenses that should have been borne by Contractor.

c. If Owner prefers to accept Work which is not in accordance with Contract Documents, Owner may do so instead of requiring its removal and correction, in which case the Agreement sum will be reduced as appropriate and payment amounts withheld accordingly.

21. PAYMENTS TO THE CONTRACTOR

a. Progress payments will be made by Owner to Contractor as stated in the Agreement, and in accordance with Section 106-b of New York General Municipal Law. At least fifteen (15) days before submission of its first application for payment, Contractor shall furnish to Owner a complete breakdown of all lump sum items in the Agreement. This breakdown, modified where directed by Owner, will be used as a basis for preparing progress payments throughout the duration of the Agreement.

b. No separate payment will be made for Work-related costs or expenses, such as mobilization, materials, insurance or bonds, unless otherwise expressly stated in the Agreement.

c. No payment will be made for modifications until a formal change order for such modification has been fully executed.

d. Except to the extent otherwise provided herein, final payment will made upon the expiration of the guarantee period, or upon the completion of any work to be performed during the guarantee period, whichever time is later.

e. Neither the final payment nor any interim or partial payment shall constitute acceptance of any defective workmanship or material, or noncompliance with Contact Documents.

22. PAYMENTS WITHHELD

Owner may withhold from payment such amount, or on account of subsequently discovered evidence nullify the whole or a part of a payment, as Owner deems reasonably necessary to protect Owner from loss due to:

a. defective work not remedied;

b. a claim filed, or reasonable evidence indicating probable filing of a claim;

c. failure of Contractor to properly pay a sub-contractor, or to pay for material or labor;

d. a reasonable doubt that Contractor’s Work can be completed for the balance then unpaid;

e. damage to another Project worker;

f. Owner’s incurring of costs or expenses to correct a Work deficiency as provided herein;

g. acceptance of non-conforming Work as provided for herein;

h. Contractor’s failure to comply with a Contract Document in relation to the receipt of State and/or Federal aid for the Project, after receiving written notification from Owner that said compliance is necessary;

i. costs and expenses incurred by Owner as a result of Contractor’s failure to comply with Contract

Documents, including without limitation costs for additional testing and inspection, and costs and expenses for Owner’s, Consultant’s or a Project worker’s services and expenses, including engineering fees; or

j. failure to comply with other requirements of this contract.

If an above ground is removed, payment shall be made in the amount withheld on the basis of such ground.

23. TEMPORARY SUSPENSION OF WORK

Owner shall have the authority in its sole discretion to immediately stop Work, wholly or in part, by written order, for such periods as it deems necessary due to conditions which Owner considers unfavorable for the suitable prosecution of the work, or due to failure on the part of Contractor to correct conditions which Owner considers to be unsafe for workers or the general public, or due to concerns that prosecution of the Work may endanger life or property, or due to Contractor’s failure to carry out orders given to it, or to properly perform any aspect of the Agreement. This paragraph shall not in any manner relieve Contactor of responsibility for providing and taking all necessary safeguards and protection required for the safety of all persons and property affected by its performance of Work.

24. CHANGES TO THE WORK

a. Owner may order extra work or make changes altering, adding to, or deducting from the Work without invalidating the Agreement. All such additional or changed work shall be performed under the conditions of the original Agreement and any applicable written change order. Upon receipt of direction from Owner to change the Work, Contractor shall advise Owner, in writing and within seven (7) days of receipt of such order, of any intention to make a claim for extension of time or additional costs or expenses to perform such revised or additional work. Contractor shall proceed with the altered or additional work upon execution by Contractor and Owner of a written change order; no oral modification or change order shall be valid between the parties.

b. Contractor shall promptly submit to Owner a proposal for performing any changed work.

Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of, the following methods:

1. unit bid prices previously approved, when applicable;

2. an agreed upon lump sum price;

3. the actual costs incurred by Contractor for work performed by subcontractors plus a fee of five percent (5%); and/or

4. the actual cost of:

(a) labor, including foremen;

(b) materials entering permanently into the Work;

(c) the rental cost of construction plant and equipment during the time of use on the extra Work;

(d) power and consumable supplies for the operation of power equipment;

(e) insurance; and

(f) Social Security and old age and unemployment contributions.

To the costs listed under 4 above, there shall be added a fixed fee to be agreed upon by the parties, which shall not exceed fifteen percent (15%) of the cost of the work. The fee shall be considered full and adequate compensation to cover the cost of supervision, overhead, bonds, profit, and any other general expenses. Contractor shall promptly comply with all Owner requests for supporting documentation for Contractor's proposal.

c. Owner shall have the authority to make minor changes in the Work not involving extra costs and not inconsistent with the purposes of the Project. Contractor shall proceed with such changed work upon receipt of Owner’s written direction. In the event Contractor claims that any such work is extra work or is contrary to the terms and conditions of the Contract Documents, Contractor shall make a claim for extra costs in accordance with Paragraph 27 below.

d. Contractor shall diligently perform all additional or modified Work, and shall mitigate any and all costs and expenses associated with such Work.

25. EMERGENCIES

In the event of any emergency endangering life or property, Owner shall have the authority to order Contractor to perform Work necessary to avert or minimize the effect of such emergency.

Contractor shall proceed with such Work upon receipt of Owner's written direction in the form of a change order. In the event Contractor claims any such Work is extra work, Contractor shall make a claim for extra costs in accordance with Paragraphs 24 and 27 herein. In directing or authorizing changes in the Work in any emergency situation, Owner shall not be responsible for directing Contractor's methods and techniques necessary to implement such changes. Changes directed or authorized by Owner in an emergency situation shall not relieve Contractor of its responsibility for safety. If Contractor does not satisfactorily respond to Owner's request to perform Work necessary to avert or minimize an emergency situation, Owner may immediately perform such Work and charge Contractor for all additional expenses in performing such Work. Any emergency-caused costs and expenses shall be deducted from the amount payable under the Agreement, and withheld accordingly.

In the event of an emergency endangering life or property, Contractor may act, without previous instructions from County, in a diligent manner. It shall notify County of such act immediately thereafter.

26. DIFFERING SITE CONDITIONS

a. Contactor shall within twenty-four (24) hours of discovery, and before such conditions are disturbed, notify Owner in writing of:

(1) Subsurface or latent physical conditions at the site differing materially from those indicated in Contract Documents and other data made available for inspection by Contractor.

(2) Unknown physical conditions at the site, and/or conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in Contract Documents and all other data made avail-able to Contractor.

b. Owner shall promptly investigate the conditions and, if such conditions do materially so differ and cause an increase or decrease in Contractor’s cost of, or the time required for, performance of any part of the Work, whether or not changed as a result of such conditions, an adjustment shall be made and the Agreement modified by written amendment or by change order executed by Contractor and Owner.

c. No Contractor claim for additional payment or time relating to differing site conditions shall be allowed, unless Contractor has given timely notice as required in (a) above.

d. Contractor shall continue to proceed with Work, unless otherwise directed by Owner, pending the outcome of Owner’s investigation of the condition and the execution of any amendment to the Agreement or change order which may result therefrom.

27. CLAIMS FOR EXTRA COST

a. If Contractor claims that any work it has been ordered to perform should be considered extra Work, or that any act or omission of Owner is contrary to the terms and provisions of the Agreement, Owner shall, within seven (7) calendar days after receipt of such order or after such act or omission, file a written statement with Owner stating the basis of its claim.

b. Upon receipt by Contractor of Owner’s written acknowledgment of a pending claim for extra costs, Contractor shall diligently proceed with the performance of Work in accordance with Owner’s written instructions.

c. Except in an emergency endangering life or property, Contractor shall not proceed with any alleged extra Work until the above noted acknowledgement has been received.

d.