S-35-25 _ S-36-25 DPF Salt Shed Cover _ Misc. Repairs.pdf

CHAUTAUQUA COUNTY

DIVISION OF PURCHASING

INVITATIONS TO BID

SALT SHED COVER AND MISCELLANEOUS REPAIRS

RESPECTIVELY

ITB NOs. S-35-25 DPF & S-36-25 DPF

Contact Person: Brandi McIntyre, Purchasing Agent, mcintyrb@chqgov.com

Issue Date: 8/14/2025 MANDATORY Pre-Bid Meeting: 8/19/2025 at 11am Questions Due By: 8/21/2025 Bid Opening Date (2:00PM): 8/28/2025

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

Purchasing Manager Chautauqua County

Department 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

Purchasing Manager

Brandi McIntyre Purchasing Agent

Nicole Pattison

Tina Huckabone mailto:mcintyrb@chqgov.com

NOTICE TO BIDDERS

Publication Date: 8/14/2025

Chautauqua County is accepting sealed bids for:

INVITATIONS TO BID

NOs. S-35-25 DPF & S-36-25 DPF

Salt Shed Cover and Miscellaneous Repairs Respectively

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 mcintyrb@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.

Bids must be received by the County’s Purchasing Office no later than 2:00 P.M. on August 28, 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.

Brandi McIntyre mailto:bidnetdirect.com/new-york mailto:mcintyrb@chqgov.com

COUNTY NEEDS TO BE MET BY THIS INVITATION TO BID

Contract Duration: 3 Years

S-35-25 DPF - Work must be completed by November 26, 2025

S-36-25 DPF – 3 Year Contract

Chautauqua County requires a vendor to replace the existing salt shed cover. As well, as provide miscellaneous repairs to county salt sheds. This Invitations to Bid (ITB) is being issued to fulfill that need.

General Information for all County ITBs Page 4 REQUIRED BID SUBMITTAL DOCUMENTS Page 9 Sample Contracts Page 18 County Terms and Conditions Page 28 County Insurance Requirements Page 31

GENERAL INFORMATION

FOR ALL COUNTY

INVITATIONS TO BID (ITBs)

Invitation to Bid (ITB) Packet Official ITB documents may be obtained from:

County Purchasing Division: 454 N. Work Street, Falconer, New York 14733;

Empire State Purchasing Group, https://www.bidnetdirect.com/new-york; and The “County Contact Person” identified on the Cover Page of this ITB.

Chautauqua County is not responsible for the completeness or accuracy of documents received from any other source. The successful bidder shall be subject to all official County ITB terms and conditions, including those in ITB addenda, regardless of receipt.

Questions From the date of ITB issuance to the date the County makes a final determination(s) of award, any and all questions and communications concerning the ITB and items solicited therein shall be directed exclusively to County Purchasing Division personnel. Contact with other County personnel may be grounds for rejection of a bid.

Questions must be submitted by the due date shown on the cover page. County responses to questions concerning the substance of the ITB will be provided to all parties, in the form of an addendum to the ITB.

IMPORTANT BID SUBMISSION INFORMATION:

Unless otherwise stated on the bid form, all boxes on the bid form should be completed. If a box is not applicable, enter N/A. If the entry for the box should be zero, enter a zero.

Each bid must be enclosed in a sealed envelope plainly marked with the ITB name, the ITB number, and the

Bidder’s name and complete mailing address.

Bids must be received by the County’s Purchasing Division, 454 N. Work Street, Falconer, New York, no later than the due date and time on the ITB cover page. Bids will not be accepted via facsimile or e-mail.

Please allow ample time to pass through building security, or for delivery by mail or express mail. Even if timely mailed, a Bidder should expect a late bid to be rejected.

The enclosed Bid forms must be used and may not be altered, amended, or substituted. Non-conforming bid submittals are subject to being rejected.

All required bid documents must be submitted with each bid, duly signed, and where indicated, notarized.

Receipt of any and all bid addenda must be acknowledged on the form provided. Failure to acknowledge receipt is grounds for rejection of a bid. Bid addenda are available from all “official” bid document sources shown above.

By submitting a bid you are offering to provide the goods and/or services therein in accordance with all terms and conditions in the ITB and at the bid prices. The individual or entity (contractor) submitting the bid or quote:

1. agrees that Contractor shall be bound by all terms and conditions in the County Solicitation; and

2. affirms that the individual submitting the bid/quote is duly authorized to bind Contractor to the terms and conditions in the County solicitation.

By placing an order, County is accepting the terms and conditions of the County Solicitation with respect to

(i) the good(s) in the order, and (ii) the Contractor whose good or material is ordered.

The County does not guarantee any minimum or maximum purchase of items in this ITB.

https://www.bidnetdirect.com/new-york

Estimated quantities and needs are merely estimates. They are non-binding, and do not represent a County commitment or a guaranteed minimum or maximum quantity or need. Submission of a bid constitutes an agreement not to claim misunderstanding of, misrepresentation of, or reliance in any manner on, estimates of quantities or needs.

Bids should be self-explanatory. A bidder should not expect an opportunity to explain its bid.

Bids should be carefully prepared and reviewed in advance of submittal. Negligence in the preparation of a bid does not confer a right for withdrawal of an opened bid.

Contract Payment and Pricing Unless otherwise indicated, all bid prices are to be effective for the duration of the contract.

Chautauqua County is exempt from Federal and State taxes.

Bid prices must be all-inclusive. The County will not pay fuel surcharges, shipping, transportation, disposal, overhead, travel, or other types of contract-associated charges unless pricing for such items is specifically requested on the bid form.

In most instances, Chautauqua County issues contract payments electronically.

New York State law entitles the County to “piggyback” off of the contracts of other municipalities. The

County reserves the right to purchase the goods and/or services identified in this ITB via a piggyback contract, after giving the awarded bidder the opportunity to match the piggyback price. Additionally, the County reserves the right to use an alternate vendor in furtherance of meeting a requirement of an entity paying in whole or in part for goods or services. The County further reserves the right to use its own staff for provision of services of the type reflected in this ITB.

If this ITB includes services, see the enclosed sample contract for additional information. The sample contract is subject to modification by the County Law Department consistent with the terms of this Invitation to Bid.

Bid Award The manner in which the low bidder will be determined is shown on the Bid Form. Questions about the manner in which the low bidder will be determined should be submitted to County Purchasing staff immediately upon discovery, to allow ample time for clarification. County reserves the right to investigate bidder responsibility, toward making an award to a responsible bidder which offers the lowest price. Bidders shall fully and promptly comply with any and all County requests for information requested toward a County determination of responsibility. Failure to cooperate may result in a determination that a bidder is not responsible.

Information requested on the Bid Form will be used as the basis for award. At the County’s sole option a bid with missing, non-conforming, different, or additional information can be:

(i) rejected as a non-conforming bid; or

(ii) accepted as bid, with non-conforming, additional, or different information enforced or rejected by the County, in whole or in part, and with an uncompleted box on a bid form deemed to mean the item is available at no charge and/or with no markup (unless completion of the box is specifically stated to be optional), as the County, in its sole discretion, deems most advantageous.

By submitting a bid, a bidder agrees that it shall have no recourse against the County in connection with the County’s exercise of its option to accept or reject an irregular bid or unsolicited information, or for its determination concerning an uncompleted box on the bid form.

Dollar amounts requested on the Bid Form which the ITB indicates will not be used toward determining the low bid, may be used for the purchase of the specified goods and/or services during the contract term.

In the event of a discrepancy between an item price and the calculated price for a specified quantity, the item price will be used for purposes of determining the low bidder and for contract pricing.

In the event of a discrepancy between a dollar amount written in words and a dollar amount written in numbers, that written in words shall apply.

Those performing work for the County must be Equal Opportunity employers.

Miscellaneous Information Chautauqua County’s standard contractual insurance requirements can be found here:

https://chqgov.com/finance/insurance-requirements . Within five (5) business days of receipt of a Notice of Award, a bidder which will be providing services must submit certificates of insurance evidencing insurance coverage consistent with County requirements, to Ms. Aki Wakamatsu, wakamata@chqgov.com. Failure to do so may be grounds for a determination of non-responsibility. Contractor shall provide updated insurance certificates on or before certificate expiration, throughout the contract term.

Chautauqua County is transitioning to electronic contract signatures. Signatures can be applied using a computer or a phone.

Proof of insurance shall be provided in advance of contract execution, and contract execution shall precede commencement of contract work. Even if a prospective contractor has been given County departmental authority to commence contract performance, no payment should be expected for work performed in advance of contract execution by both parties.

Pursuant to New York State General Municipal Law §109, contracts let, granted, or awarded by the County may not be assigned, transferred, conveyed, sublet, or otherwise disposed of, nor any right, title, or interest therein, or the power to execute the contract, absent the County’s advance, written consent.

Pursuant to Chautauqua County’s Purchasing Policy, an individual or entity that reviews a County Invitation to Bid in draft or final form prior to its issue may not (i) submit a response to the solicitation or (ii) serve as an employee, contractor, or subcontractor of the individual or entity awarded the contract, for the first five

(5) years of the contract period.

All data transmission (cloud-based technology solutions) and vendor electronic communications (email) shall only reside and traverse services based in the United States.

NYS Prevailing Wage Schedule - PRC# 2025009958

MBE, WBE, SBE, DBE, SDVOB

Chautauqua County encourages all qualified bidders, including Minority-owned Business Enterprises, Women-owned Business Enterprises, Small Business Enterprises, Disadvantaged Business Enterprises, and Service- Disabled Veteran Owned Businesses to submit bids.

EXTENSION OF BID TO ADDITIONAL PARTIES

With Contractor concurrence, County may allow any county agency, department or municipality, or any other organization eligible pursuant to NYS General Municipal, to utilize the terms of an awarded bid. County will not be a party to any such third party agreements and is not in any way bound by or liable for any such agreements or any performance thereunder. Contractor shall provide information to County about such third party agreements upon request.

https://chqgov.com/finance/insurance-requirements mailto:wakamata@chqgov.com

SPECIFICATIONS

Bid #: S-35-25 DPF

Purchase & Installation of a New Fabric Cover for an Existing Cover-All Building Chautauqua County is seeking bids for the purchase and installation of a new fabric cover for an existing Cover- All building located at the Falconer Department of Public Facilities, 454 N. Work Street, Falconer, NY 14733.

The building measures 70’9” wide by 90’ long.

The scope includes the removal and proper disposal of the existing fabric cover and one closed end wall, and the installation of a new cover and one new closed end wall on the existing structural trusses.

Cover Specifications

• Fabric shall be fire-retardant, non-standard, and weigh 13.5 oz/yd² or greater.

• Fabric must be UV-resistant and rated for continuous year-round outdoor exposure.

• Cover shall be white in color.

• Fabric must include a manufacturer’s warranty of no less than 20 years.

Contractor Responsibilities The successful contractor shall provide all labor, materials, tools, equipment, shipping, and travel necessary to complete the work. The contractor shall be responsible for the following:

Scope of Work

• Removal and disposal of the existing cover and one end wall.

• Installation of a new 70’9” x 90’ mono-style cover with end flap cable and all required securing hardware.

• Installation of one new closed end wall panel including all necessary tie-down accessories and four (4)

48” x 48” passive vents.

• Installation of all new tie-down straps.

• Installation of new winch blocks including new anchor bolts.

• All installation work shall be performed on-site by a factory-trained and OSHA-certified crew.

• Work must be completed by November 30, 2025.

Warranty

• Labor & Workmanship: Contractor shall warranty all labor and workmanship for a period of one (1) year from the date of project completion.

• Materials: Contractor shall submit documentation for the manufacturer’s 20-year material warranty for the new fabric cover.

Bid #: S-36-25 DPF

Term Contract for Additional Services Chautauqua County intends to establish a 3 year term contract with the awarded vendor for ongoing parts, service, and repair of all County-owned Cover-All or equivalent buildings.

Covered Locations

• Sheridan Shop: 2 Aero Drive, Dunkirk, NY 14048

• Stockton Salt Shed: Stockton-Hartfield Road, Stockton, NY 14784

• Falconer Shop: 454 N. Work Street, Falconer, NY 14733

• Sherman Shop: 3709 Park Street, Sherman, NY 14781

• Busti Shop: Lawson Road, Jamestown, NY 14701

• Charlotte Shop: 7059 Rood Rd. Sinclairville, NY 14782

Warranty – o Contractor shall fully guarantee all work for one (1) year following the County’s final written acceptance,

• Unless the Contractor notifies the County’s Department of Public Facilities Director in writing that site conditions are unfavorable or unsuitable for performing the work, and the County directs the Contractor in writing to proceed regardless.

o Warranty coverage includes:

• Trusses: 20-year warranty

• End-wall steel: 10-year warranty

• Cover fabric: 20-year warranty

• End-wall fabric: 5-year warranty

• Warranties may be provided directly by the Contractor or through the manufacturer.

CHAUTAUQUA COUNTY

BID RESPONSE CHECKLIST

Bid Name: Bid No.

Bid Due Date:

The below-listed documents must be submitted with your bid(s). Failure to submit any of the documents, including failure to acknowledge in writing any ITB addendum, may be cause for rejection of your bid. A bid with any condition, limitation or provision not officially invited in this ITB may also be rejected.

________ THIS RESPONSE CHECKLIST

________ NON-COLLUSION BIDDING CERTIFICATION

________ IRANIAN DIVESTMENT CERTIFICATION

________ EXCLUSION CHECKS CERTIFICATION

________ FINANCIAL AFFIDAVIT

________ AFFIDAVIT OF A FOREIGN CORPORATION (AS APPLICABLE)

________ BID AUTHORIZATION CERTIFICATE

________ BID FORM

________ ITB ADDENDUM(S) ACKNOWLEDGMENT(S) (AS APPLICABLE)

INSURANCE CERTIFICATES MUST BE PROVIDED WITHIN 5 DAYS OF NOTICE OF AWARD

ENTITY NAME

FED ID NO.

TELEPHONE NUMBER

ADDRESS

EMAIL ADDRESS

AUTHORIZED REPRESENTATIVE (PRINT NAME) TITLE

AUTHORIZED SIGNATURE

DATE

The below section is only applicable if services will be provided.

Upon award, the name and address of the individual who will be signing the contract, and that individual’s contact information are:

Name: Title: __ Direct e-mail address:

Mailing address:

BID FORM

This Invitation to Bid will result in a single award to the lowest responsible bidder. The low bidder will be determined by the lowest “Total” price on the County’s bid form for bid # S-35-25 DPF.

Chautauqua County may deem a bid non-responsive and may reject the bid if an item in the table below is not properly completed, is left blank, or is marked as being inapplicable or unavailable.

Bid #: S-35-25 DPF

Total Amount Bid for the Purchase & Installation of a New Fabric Cover for an Existing Cover-All Building located at the Falconer Department of Public Facilities:

BIDDER ______________________________________

SIGNATURE ______________________________________

PRINT NAME OF SIGNER ______________________________________

TITLE ______________________________________

ADDRESS ______________________________________

TELEPHONE ______________________________________

FAX

E-MAIL_________________________________________

DATE_________________________________________

BID FORM

This Invitation to Bid will result in a single award to the lowest responsible bidder. The low bidder will be determined by the lowest “Total” price on the County’s bid form, determined by the sample job below.

Chautauqua County may deem a bid non-responsive and may reject the bid if an item in the table below is not properly completed, is left blank, or is marked as being inapplicable or unavailable.

Bid #: S-36-25 DPF

Service Initial

Rate Rate for Months 13-24

Rate for Months 25-36

Labor Rate per Hour for Carpenter Journeyman Regular Work Hours 7:30 AM - 4:00 PM

Labor Rate per Hour for Laborer Regular Work Hours 7:30 AM - 4:00 PM

Labor Rate per Hour for Mason Regular Work Hours 7:30 AM - 4:00 PM

Labor Rate per Hour for Iron Worker Regular Work Hours 7:30 AM - 4:00 PM

Mileage Fee Per _________ <hour or mile> $_______ per hour

OR

$_______ per Mile

$ per

$ per

Parts Discounted off from MSRP Invoices to County must show MSRP and calculation of the discount

MSRP Less

MSRP Less

MSRP Less

Materials will be charged at cost plus a percentage Invoices to County must show Contractor’s cost and calculation of the mark-up

Cost plus ____% Cost plus

Cost plus

Equipment Rental – Cost Plus Percentage Invoices to County must show Contractor’s cost and calculation of the mark-up

Cost plus ____% Cost plus

Cost plus

Sample: Assume 8 Hours of labor for each a Carpenter Journeyman and a Laborer, with $600 in parts (Calculate using your discount above), and the job is located at 454 N. Work St.

Falconer, NY 14733.

BIDDER ______________________________________

SIGNATURE ______________________________________

PRINT NAME OF SIGNER ______________________________________

TITLE ______________________________________

ADDRESS ______________________________________

TELEPHONE ______________________________________

FAX

E-MAIL_________________________________________

DATE_________________________________________

NON-COLLUSION BIDDING CERTIFICATION

By submission of this bid, the bidder and each person signing on behalf of the bidder certifies, subject to the terms of Section 103-d of the General Municipal Law, as amended, and under penalty of perjury, that to the best of its knowledge and belief:

(a) 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;

(b) 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 the bid opening, directly or indirectly, to any other bidder or to any competitor; and

(c) 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.

(d) The person signing this bid certifies that s/he has fully informed him/herself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury affirms the truth hereof, such penalties being applicable to the bidder as well as to the person signing on the bidder’s behalf.

Signature ____________________________________________

Title ________________________________________________

STATE OF NEW YORK )

COUNTY OF ) SS:

On this __________ day of ____________, 2023, before me personally appeared

____________________, to me known, who being by me duly sworn, did depose and say that s/he resides at ______________________________, New York: that s/he is the _________________ of _______________________, the corporation described in and which executed the within instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of said corporation.

Notary Public

IRANIAN DIVESTMENT CERTIFICATION

NEW YORK STATE GENERAL MUNICIPAL LAW SECTION 103-G

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 its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law (see https://ogs.ny.gov/iran-divestment-act-2012 ).

Date:

Signature

Title

Company Name

On 1/13/12, Chapter 1 of the Laws of New York for 2012 was signed into law by Governor Andrew M. Cuomo. The law is known as the "Iran Divestment Act of 2012" (the "Act") and can be found at § 165-aof the NY State Finance Law. The Act became effective on April 12, 2012. The Act imposes limitations on "persons" that are determined to be engaged in investment activities in the Iranian energy sector, as defined in the Act. On 7/17/12, Governor Cuomo signed into law Chapter 106 of the laws of 2012, which extended the Iran Divestment Act to State and local public authorities, the State University of New York, and the City University of New York.

EXCLUSION CHECKS CERTIFICATION

Chautauqua County reserves the right to conduct exclusion checks on those who respond to its solicitations and on those with whom it contracts to verify that the contractor and its employees, subcontractors, and agents have not been sanctioned, excluded, debarred, suspended, or the subject of adverse governmental action by law enforcement, regulatory authorities, or licensing entities. This may include a check for exclusion from Federal healthcare programs. By submitting this bid, you are: certifying that you are not prohibited from providing these services and/or goods as a result of being sanctioned, debarred, suspended, or excluded; agreeing that the County has the right to decline to enter into a contract with you in the event the County finds there to be a legal or funding source impediment to contracting with you; agreeing to provide written notice to the County immediately upon the occurrence of any sanction, exclusion, debarment, or suspension relating to your contract with the County; and agreeing that upon the occurrence of any such sanction, exclusion, debarment, or suspension, the County has the right to declare its contract with you to be terminated effective as of the moment of such occurrence or at such later date as is deemed by the County to be in the best interest of the County.

Date:

Company Name https://ogs.ny.gov/iran-divestment-act-2012

FINANCIAL AFFIDAVIT

STATE / COMMONWEALTH OF )

) ss:

COUNTY OF___________________________ )

___________________________________, being duly sworn, deposes and says that I have made a complete and thorough examination of the financial records of the bidder, ; and that I have determined that said bidder is currently not in arrears in taxes or upon debt or contract to or with the County of Chautauqua, that said bidder has not defaulted as surety or otherwise upon a contract or obligation to the County of Chautauqua, and that said bidder is not disqualified to bid upon municipal or state contracts under any act of New York State Legislature.

Signature of above-named individual

Sworn to before this ___________ day of __________________, 20__

NOTARY PUBLIC

AFFIDAVIT OF A FOREIGN CORPORATION

COUNTY OF___________________________ )

I, ________________________________as____________________________________ of __________________________________ , a corporation incorporated under the laws of _________________________ authorized to do business in the State of New York, do hereby certify and affirm that the above named corporation has complied Article 13 of the Business Corporations Law of the State of New York. As proof I submit a copy of:

[ ] A receipt of filing an application with the New York Secretary of State to conduct business in The State of New York; OR [ ] A copy of our application for authority to conduct business in the State of New York filed with the Secretary of State on _______________________________,20___.

As said corporation has complied with Article 13 of the Business Corporations Law of the State of New York, I hereby swear and affirm that the above-named corporation is authorized to conduct business in the State of New York.

Under penalty of perjury, I declare that the facts presented herein are true and, to the best of my knowledge and belief, are true, correct and complete.

In witness thereof, I set my hand and attach the corporate seal this _______ day of __________, 20____.

Business Corporation Law of New York, Section 102(7):

“Foreign Corporation” means a corporation…formed under laws other than the statutes of (New York)…”Authorized,” when used with respect to a foreign corporation, means having authority, under Article 13 of the Business Corporation Law, to conduct business in New York State.

BID AUTHORIZATION CERTIFICATE

Individual, Corporation, Partnership, or LLC Acknowledgement

COUNTY OF )

On the _____day of ____________in the year 20___, before me personally appeared ______________________________known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that s/he resides in the Town of , County of , State / Commonwealth of ________________________________________, and that

[Mark an X in the appropriate box and complete the accompanying statement.]

☐ (If an individual): this person executed the foregoing instrument in his/her name and on his/her own behalf.

☐ (If a corporation): this person is the ____________________________________________ of______________________, the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, this individual is authorized to execute the foregoing bid documents on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, s/he has executed the foregoing bid document(s) in the name of and on behalf of said corporation as the act and deed of said corporation.

☐ (If a partnership): this person is the ______________________________________________ of___________________________, the partnership described in said instrument; that, by the terms of said partnership, this individual is authorized to execute the foregoing bid document(s) on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, s/he has executed the foregoing bid document(s) in the name of and on behalf of said partnership as the act and deed of said partnership.

☐ (If a limited liability company): this person is a duly authorized member of _________ LLC, the limited liability company described in said instrument; that, by authority of the Board of Directors or Members of said company, this individual is authorized to execute the foregoing bid document(s) on behalf of the company for purposes set forth therein; and that, pursuant to that authority, s/he has executed the foregoing bid document(s) in the name of and on behalf of said company as the act and deed of said company.

Date Signature Printed Name

NOTARY PUBLIC

AGT/DPF/SALT STORAGE REPAIR

25-25-XX.11/KOR.11

AGREEMENT

SALT STORAGE COVER REPAIR

This Agreement is made as of , 2025 by and between the following parties:

COUNTY: COUNTY OF CHAUTAUQUA, NEW YORK

A Municipal Corporation

Gerace Office Building

Mayville, New York 14757-1007 hereinafter called "County,"

-and-

CONTRACTOR: NAME OF CONTRACTOR

A Corporation

Street Address

City, State, Zip Code hereinafter called "Contractor."

WITNESSETH:

WHEREAS, County issued Invitation to Bid No. _________DPF on _________ soliciting competitive bids for replacement of the cover on a County salt storage building; and

WHEREAS, Agreement services will be funded by County funds;

and

WHEREAS, County is authorized and empowered to proceed with this Agreement pursuant to County Law §215 and Highway Law §135;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. Contract Documents. The Contract Documents consist of the following, including all current and future attachments, incorporated references, and amendments: this Agreement;

County’s Invitation to Bid (ITB) documents, including but not limited to the Advertisement, the Notice to Bidders, the Notice of Award, and all items in the ITB package; Contractor's bid dated _________ 2025, to the extent it does not conflict with the meaning or intent of other Contract Documents; product manufacturer recommendations and requirements; and all applicable federal, state, and local laws, rules, regulations, and requirements, including without limitation federal and state environmental, health, labor and safety requirements such as but not limited to prevailing wage, DEC, OSHA and local Code requirements, and work permits. The Contract Documents are as fully a part of this Agreement as if attached hereto or repeated herein.

All services, including those provided by subcontractors, shall be provided in furtherance of and in conformance with

Contract Documents. It is Contractor's responsibility to make itself and any subcontractors aware of applicable Contract

Document requirements.

In the event of a conflict between the terms of this

Agreement and the terms of another Contract Document, the terms of this Agreement shall apply, provided, however, that where the other Contract Document provides greater detail about or elaboration of an obligation set forth in this Agreement, the provisions of the other Contract Document shall be considered as additional requirements to the duty or obligation found in this

Agreement, enforceable at the option of County, and provided further that this Agreement is to be construed as requiring conformance with Federal, State, and Local legal requirements.

2. Services. Contract shall replace the cover of

County’s salt shed located at 454 N. Work Street in Falconer, New York. Repair shall be effected using products suitable for site conditions. Services shall be completed no later than

November 26, 2025.

Contractor shall take field measurements and verify field conditions with the requirements of Contract Documents before commencing site work. Contractor shall secure any necessary permits and shall furnish all necessary supplies, materials, machinery, equipment, facilities, and other items needed for the performance of Agreement services. Materials shall be new, of commercial grade, and compatible with existing building components. Contractor's services shall meet or exceed industry standards and product manufacturer specifications.

Contractor shall carefully protect its work and materials against damage or injury from the weather, and shall protect

County's property from injury or loss in connection with its work. Contractor shall minimize any interference with normal

County activities at the construction site, and shall frequently clean up the site and remove rubbish and debris so that the site is safe and reasonably attractive.

Contractor shall provide contract closeout documents upon request, which may include without limitation completed warranty paperwork, certified payrolls, Consent of Surety for Final

Payment, Contractor’s Affidavit of Release of Liens, and

Contractor’s Affidavit of Payment of Debts and Claims.

3. Term. This Agreement shall commence upon full execution and shall terminate on __________. County can terminate this Agreement in whole or in part upon ten (10) days written notice to Contractor, with accounts between the parties to be adjusted and prorated as of the termination date. County can immediately by written notice suspend or terminate this

Agreement in the event Contractor violates any provision of a

Contract Document.

4. Guarantee and Warranty. Contractor shall fully guarantee its work for a period of one (1) year following

County’s final written acceptance of the work, unless Contractor notifies the County’s Department of Public Facilities Director in writing prior to construction that conditions are unfavorable or unsuitable for performing work at that time, and County in writing directs Contractor to proceed. Contractor shall warranty its goods and services, either directly or through the manufacturer, with cover fabric warrantied for twenty (20) years, and end-wall fabric (as applicable) warrantied for five

(5) years.

5. Additional Terms and Conditions. Contractor shall comply with all provisions contained in Appendix A attached hereto and made a part of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agree-ment as of the date first set forth above.

COUNTY OF CHAUTAUQUA

BY____________________________________DATE__________________

Paul M. Wendel, Jr., County Executive

Name: Title:

AGT/DPF/SALT STORAGE MAINTENANCE

25-25-XX.11/KOR.11

AGREEMENT

SALT STORAGE BUILDING MAINTENANCE AND REPAIRS

This Agreement is made as of , 2025 by and between the following parties:

COUNTY: COUNTY OF CHAUTAUQUA, NEW YORK

A Municipal Corporation

Gerace Office Building

Mayville, New York 14757-1007 hereinafter called "County,"

-and-

CONTRACTOR: NAME OF CONTRACTOR

A Corporation

Street Address

City, State, Zip Code hereinafter called "Contractor."

WITNESSETH:

WHEREAS, County issued Invitation to Bid No. __________ DPF on _________ soliciting competitive bids for salt storage building maintenance and repairs; and

WHEREAS, Agreement services will be funded by County funds;

and

WHEREAS, County is authorized and empowered to proceed with this Agreement pursuant to County Law §215 and Highway Law §135;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. Contract Documents. The Contract Documents consist of the following, including all current and future attachments, incorporated references, and amendments: this Agreement;

County’s Invitation to Bid (ITB) documents, including but not limited to the Advertisement, the Notice to Bidders, the Notice of Award, and all items in the ITB package; Contractor's bid dated _________ 2025, to the extent it does not conflict with the meaning or intent of other Contract Documents; product manufacturer recommendations and requirements; and all applicable federal, state, and local laws, rules, regulations, and requirements, including without limitation federal and state environmental, health, labor and safety requirements such as but not limited to prevailing wage, DEC, OSHA and local Code requirements, and work permits. The Contract Documents are as fully a part of this Agreement as if attached hereto or repeated herein.

All services, including those provided by subcontractors, shall be provided in furtherance of and in conformance with

Contract Documents. It is Contractor's responsibility to make itself and any subcontractors aware of applicable Contract

Document requirements.

In the event of a conflict between the terms of this

Agreement and the terms of another Contract Document, the terms of this Agreement shall apply, provided, however, that where the other Contract Document provides greater detail about or elaboration of an obligation set forth in this Agreement, the provisions of the other Contract Document shall be considered as additional requirements to the duty or obligation found in this

Agreement, enforceable at the option of County, and provided further that this Agreement is to be construed as requiring conformance with Federal, State, and Local legal requirements.

2. Services. County has storage buildings at various locations throughout the County that are used for storage of salt and/or sand employed in wintertime highway maintenance.

Upon request, contractor shall perform building maintenance such as, but not limited to, installation of new fabric covers for buildings; repair of fabric covers for buildings; end wall maintenance and repairs; and installation of winch blocks and anchor bolts. Such repairs shall be effected using products suitable for site conditions. Services shall be commenced and completed within time frames agreed upon by the parties.

Contractor shall take field measurements and verify field conditions with the requirements of Contract Documents before commencing site work. Contractor shall secure any necessary permits and shall furnish all necessary supplies, materials, machinery, equipment, facilities, and other items needed for the performance of Agreement services. Materials shall be new, of commercial grade, and compatible with existing building components. Contractor's services shall meet or exceed industry standards and product manufacturer specifications.

Contractor shall carefully protect its work and materials against damage or injury from the weather, and shall protect

County's property from injury or loss in connection with its work. Contractor shall minimize any interference with normal

County activities at the construction site, and shall frequently clean up the site and remove rubbish and debris so that the site is safe and reasonably attractive.

Contractor shall provide contract closeout documents upon request, which may include without limitation completed warranty paperwork, certified payrolls, Consent of Surety for Final

Payment, Contractor’s Affidavit of Release of Liens, and

Contractor’s Affidavit of Payment of Debts and Claims.

This is a non-exclusive Agreement. County reserves the right to perform building work with its own forces using parts purchased from Contractor or otherwise acquired, or to use another entity for the performance of building work as required for warranty purposes or due to work being covered under warranty.

3. Payment. Payment will be made at intervals agreed upon by the parties, upon County’s receipt of properly itemized and executed invoices in form and content satisfactory to County's

Director of Public Facilities or a duly authorized subordinate, together with all fiscal records and documents as are reasonably requested. Payment will be at the following rates, which reflect the parties’ agreement that payment rates for labor will increase by three percent (3%) every twelve months.

SERVICE

Initial

Rate

Rate for

Months

13-24

Rate for

Months

25-36

Labor Rate per Hour for Carpenter

Journeyman

Regular Work Hours 7:30 AM - 4:00 PM

Labor Rate per Hour for Laborer

Regular Work Hours 7:30 AM - 4:00 PM

Labor Rate per Hour for Mason

Regular Work Hours 7:30 AM - 4:00 PM

Labor Rate per Hour for Iron Worker

Regular Work Hours 7:30 AM - 4:00 PM

Mileage Fee Per _________ <hour or mile> per hour

OR

per

Mile per per

Parts Discounted off from MSRP

Invoices to County must show MSRP and calculation of the discount

MSRP

Less

MSRP

Less

MSRP

Less

Materials will be charged at cost plus a percentage

Invoices to County must show

Contractor’s cost and calculation of the mark-up

Cost plus

Cost plus

Cost plus

Equipment Rental – Cost Plus

Percentage

Invoices to County must show

Contractor’s cost and calculation of the mark-up

Cost plus

Cost plus

Cost plus

Subcontracted Work – Cost Plus

Percentage

Subcontracted work must be pre-authorized in writing by County’s

Director of Public Facilities

Invoices to County must show

Contractor’s cost and calculation of the mark-up

Cost plus 5%

Cost plus 5%

Cost plus 5%

4. Term. This Agreement shall commence on ____________ and shall terminate on __________. County can terminate this

Agreement in whole or in part upon ten (10) days written notice to Contractor, with accounts between the parties to be adjusted and prorated as of the termination date. County can immediately by written notice suspend or terminate this Agreement in the event Contractor violates any provision of a Contract Document.

The parties may by mutual agreement, as evidenced by a duly executed amendment to this Agreement, extend the contract for up to twenty-four months, upon the same terms and conditions.

5. Guarantee and Warranty. Contractor shall fully guarantee its work for a period of one (1) year following

County’s final written acceptance of the work, unless Contractor notifies the County’s Department of Public Facilities Director in writing prior to construction that conditions are unfavorable or unsuitable for performing work at that time, and County in writing directs Contractor to proceed. Contractor shall warranty its goods and services, either directly or through the manufacturer, with trusses warrantied for twenty (20) years, end-wall steel warrantied for ten (10) years, cover fabric warrantied for twenty (20) years, and end-wall fabric warrantied for five (5) years.

6. Additional Terms and Conditions. Contractor shall comply with all provisions contained in Appendix A attached hereto and made a part of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agree-ment as of the date first set forth above.

COUNTY OF CHAUTAUQUA

Paul M. Wendel, Jr., County Executive

Name: Title:

Chautauqua County Appendix A – February 2025

Amendment. No waiver, modification, or amendment of this Agreement or any part thereof shall be valid unless in writing and duly executed by the parties hereto. A waiver of any breach hereof shall not prevent forfeiture for any succeeding breach.

Assignment. Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement or any of its right, title, or interest therein, or the power to execute this Agreement, without the prior written consent of the County. (GML Section 109)

Audit. County, itself or through a third party, reserves the right to audit Contractor upon reasonable notice to ensure compliance with this Agreement.

Contractor shall fully comply with any such audit.

Binding Agreement. This Agreement shall be binding on the parties, their successors, heirs, and assigns.

Confidentiality. Information relating to individuals who may receive services pursuant to this Agreement shall be confidential, and maintained and used only for the purposes intended under this Agreement, in accordance with all applicable State and Federal laws, rules and regulations and industry standards. If Contractor is a Business Associate of the County as defined by HIPAA, Contractor shall comply with the terms of County’s standard Business Associate Agreement, as the same may be amended from time to time, unless otherwise agreed upon in writing by the parties. This requirement shall survive termination of this Agreement.

Conflict. In the event of a conflict between the terms of this Agreement and the terms of any other Contract Document, the terms of this Agreement shall be controlling notwithstanding anything in Contractor’s documents to the contrary.

Debarment/Suspension – see County solicitation documents.

Digital Signatures and Document Storage.

Each party may affix a digital signature to this Agreement by electronic means. By affixing a digital signature the parties are affirming they have authority to enter into this Agreement, and that this Agreement executed by digital signature or other electronic means shall be legally binding and effective. Each party also agrees that this Agreement, and any document including or relating to this Agreement, may be imaged and stored electronically and may be introduced as evidence as original business records and neither party shall contest their admissibility.

Entire Agreement. This Agreement contains the sole and entire Agreement between the parties relating to the goods and services provided hereunder and shall supersede any and all other Agreements between the parties. Any other statements or representations made by either party are void and have no force or effect.

Execution in Counterparts. This Agreement, and any amendment or modification, may be signed in counterparts, each one of which is considered an original, but all of which constitute one and the same instrument.

The exchange of copies of signature pages by scanned portable document format (".pdf") email attachment, or through any digital signature program, shall constitute effective execution of this Agreement, and .pdf copies of this Agreement shall have the same force and effect as an original.

Force Majeure. Either party may terminate or suspend its performance under this Agreement, in whole or in part, immediately upon the occurrence of a “force majeure.” A “force majeure” shall include, but not be limited to, natural disasters, war, rebellion, insurrection, riot, strikes, lockout, and any unforeseen circumstances and acts beyond the control of the County which render performance of its obligations impossible.

Governing Law. Notwithstanding any statement in this or any other document to the contrary, this Agreement shall be governed by the laws of the State of New York, without regard to its principles on conflicts of law, and Contractor consents to New York State Court jurisdiction in Chautauqua County, New York as the exclusive jurisdiction for this contract, and any disputes hereunder shall be heard by a court of competent jurisdiction in Chautauqua County, New York, unless this paragraph is physically crossed out and initialed by both parties, or unless the Federal supremacy clause requires otherwise.

Guarantee. Contractor shall fully guarantee the quality and workmanship of the services and/or goods provided, and shall represent and warrant that such goods or services meet or exceed all applicable industry standards.

Indemnification. Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the goods provided or services to be rendered by Contractor or its subcontractors pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold County and its officers and employees harmless from any liability, claim, demand, loss, judgment, expense, and cost of every type, amount, and nature, direct and indirect and without limitation, including the costs of defense, arising from Contractor's performance or failure to perform the terms of this Agreement. In the event that this Agreement is funded by Federal or State funds, and County is required to indemnify the funding source(s) of this Agreement, Contractor shall be required to indemnify the funding source to the full extent that County is contractually obligated to do so, to the extent such obligation arises from Contractor’s action or failure to act in accordance with this Agreement.

All money expended by County as a result of such claims, actions, damages, losses, expenses, and costs, together with interest at a rate not to exceed the maximum interest rate permitted by law, shall be immediately and without notice due and payable by Contractor to County.

Such obligation to the County shall not be construed to negate, abridge or reduce other rights of indemnity which would otherwise exist. This provision shall supersede any other provision in this Agreement, including attachments and referenced items, deemed to be in conflict, unless specifically stated otherwise.

Independent Contractor. Contractor is an independent contractor and not an employee, servant, or agent of the County.

Contractor shall have exclusive responsibility for the means, manner, and methods of performing its obligations under this Agreement.

Insurance. Unless waived by the County Attorney or his/her designee in writing, Contractor shall secure and maintain the insurance specified at https://chqgov.com/finance/insurance-requirements incorporated by reference as though fully set forth herein, with County named as an additional insured for purposes of coverage on a direct, primary, and non-contributory basis. The insurance afforded the additional insureds shall be at least as broad as that afforded to the first named insured. County as additional insured will be entitled to the limits stated in the contract or the full limits of the policy, whichever is greater. Contractor shall file a certificate of insurance with the County prior to performing pursuant to this Agreement or receiving any payment.

Contractor shall provide new insurance certificates when the existing certificates expire, without demand.

Contractor shall immediately forward to County (fax (716) 753-4888) any notice of actual or pending termination, suspension, or non-renewal of insurance. In the event Contractor's insurance expires or is terminated or suspended, County shall have all rights available for breach of contract, and may declare this Agreement to be automatically and immediately terminated effective as of the moment of expiration, termination, or suspension. In addition, County reserves the right to withhold payment to Contractor until such new certificates have been provided and approved. County shall have unlimited access to Contractor's insurance company and policies.

Licenses and Permits. Contractor shall secure and maintain throughout the term of…