COUNTY OFFICE BUILDING 197 MAIN STREET COOPERSTOWN, NEW YORK 13326-
PHONE: (607) 547-4238 FAX: (607) 547-6496
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the Otsego
County Purchasing Agent at that office at 183 Main Street,
Cooperstown, New York for the demolition of a structure.
All bids must be enclosed in a securely sealed envelope with the
notation “BID –DEMOLITION ” inserted thereon and must be received
at the office of the Purchasing Agent at 183 Main Street,
Cooperstown, New York no later than Friday, March 4, 2005, at 10:00
a.m. at which time bids will be opened and considered.
Bidders are advised not to rely on next day mail services. Bids must
be in the office of the Purchasing Agent no later than the above
specified date and time. Faxes will not be accepted.
NOTE: The physical location of the Purchasing Department is 183
Main Street, Cooperstown, New York. The mailing address is County
Office Building, Cooperstown, New York 13326.
All bidders must comply with the provisions of the General Municipal
Law and all other applicable laws. The County reserves the right to
reject any and all bids.
Details and specifications may be obtained at the office of the
Purchasing Agent during regular working hours or will be mailed to
bidders upon request.
NANCY J MORTON
Dated: February 23, 2005
YES OR NO
1. I have read ALL of the instructions and specifications. __________
2. I have filled in ALL of the blank spaces. __________
3. I have furnished all required information. __________
(Descriptive literature, catalogs, price books, etc.)
4. I have signed the Non-Collusion Statement. __________
5. I am an officer of the company. __________
6. I have the express authority to obligate my company
under the laws of the State of New York. __________
7. I am returning the original Bid/Proposal sheet. __________
8. I have made copies for my record. __________
9. References (if applicable)
10. Exceptions/substitutions: (attach sheets as necessary)
11. If successful, a "Performance Bond" will be provided within ten (10) days after
notification of the award. (if applicable)
12. If successful, the "Insurance Requirements Certificate", from an insurance
company licensed to do business by New York State, will be provided within ten (10)
working days after notification of the award. (if applicable)
NAME (type or print): _________________________________
TELEPHONE NO.: _________________________
FAX NO.: _________________________
(a) By submission of this bid/proposal, each bidder/proposer and each person
signing on behalf of any bidder/proposer certifies, and in the case of a joint
bid/proposal, each party thereto certifies as to its own organization, under
penalty of perjury, that to the best of knowledge and belief:
1. The prices in this bid/proposal 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/proposer or with any competitor;
2. Unless otherwise required by law, the prices which have been quoted in this
bid/proposal have not been knowingly disclosed by the bidder/proposer and will
not knowingly be disclosed by the bidder/proposer prior to opening, directly or
indirectly, to any other bidder/proposer or to any competitor; and
3. No attempt has been made or will be made by the bidder/proposer to induce
any other person, partnership or corporation to submit or not to submit a
bid/proposal for the purpose of restricting competition.
By: ______ ______________________
TO: OTSEGO COUNTY PURCHASING DEPARTMENT
COUNTY OFFICE BUILDING
197 MAIN ST
COOPERSTOWN NY 13326
183 MAIN STREET
COOPERSTOWN NEW YORK
The undersigned, having a principal place of business as indicated below, and being
responsible for the same, agrees to furnish to the County of Otsego the services
listed at the price(s) herein stated, in accordance with the specifications annexed
The attached Non-Collusion Statement must be signed and attached to the bid.
All bids must be submitted on this form.
All prices must be firm for 60 days.
Delivery to be within the time specified herein, after receipt of Purchase Order.
The County reserves the right to reject any and all bids.
TEL. NO.: FAX NO.:
BID – DEMOLITION OF STRUCTURE: ____________________________
END OF SECTION
DEMOLITION OF STRUCTURE
1. Pursuant to a Judgement and Order, Hon. Kevin M. Dowd, bearing Index
No. 11445, Otsego County is soliciting bids for the demolition of a wood
frame structure (a fire-damaged single family dwelling) owned by Joseph
Guay, which is located on 2290 County Highway 39, Town of Decatur,
New York, Town of Milford, New York and designated by tax map number
2. The successful bidder will be responsible for the demolition of the structure,
removal of all demolition debris from the site, including any grading the site
requires and all costs related to the foregoing. Bidder must deliver all demolition
debris from this project to any MOSA-operated site.
3. The successful bidder must also remove all debris, miscellaneous junk,
household garbage, and unregistered vehicles from the property, pursuant to
4. Bidder must deliver all debris, miscellaneous junk, household garbage, and
unregistered vehicles to any MOSA-operated site.
5. The County will pay the successful bidder the bid price in one lump sum after
acceptance by the County’s Code Enforcement Office of the services contracted
6. The successful bidder is responsible for obtaining all necessary permits, etc. for
7. The tax map number of this property is 167.02-1-4.00.
8. All work must be completed prior to May 31, 2005.
9. The County reserves the right to accept or reject any or all bids.
10. Bids must be all inclusive (i.e. labor, materials, permits, etc.)
11. It is the responsibility of the bidder to inspect the site prior to submitting their
bid. Bidders MUST have a representative of the Otsego County Code
Enforcement Office accompany them for this inspection. Contact the Code
Enforcement Office for an appointment by calling 607-547-4320.
INSTRUCTIONS TO BIDDERS (CONT.)
The bidder hereby agrees to the provisions of Section 103-a of the General Municipal Law
which requires that upon the refusal of a person, when called before a grand jury to testify
concerning any transaction or contract had with the state, any political subdivision thereof,
a public authority or with any public department, agency or official of the state or of any
political subdivision thereof or of a public authority, to sign a waiver of immunity against
subsequent criminal prosecution or to answer any relevant questions concerning such
transaction or contract,
(a) such person, any firm, partnership or corporation of which he/she is a member,
partner, director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving awards from or entering into any contracts with any
municipal corporation or any public department, agency or official thereof, for
goods, work or services, for a period of five years after such refusal, and
(b) any and all contracts made with any municipal corporation or any public
department, agency or official thereof, since the effective date of this law, by such
person, and by any firm, partnership, or corporation of which he/she is a member,
partner, director or officer may be cancelled or terminated by the municipal
corporation without incurring any penalty or damages on account of such
cancellation or termination, but any monies owing by the municipal corporation for
goods delivered or work done prior to the cancellation or termination shall be paid.
The contractor or bidder to whom a contract shall be let, granted or awarded is prohibited
from assigning, transferring, conveying, subletting or otherwise disposing of the same or of
his/her right, title or interest therein or his/her power to execute such contract, to any
other person or corporation, except as provided in Section 103 of the General Municipal
The contractor or bidder to whom a contract shall be let, granted, or awarded shall comply
with all rules and regulations of the Americans with Disabilities Act (ADA).
In the case of a unilateral bid/proposal mistake, or error, by a Bidder/Proposer, on any bid/
proposal, legislation allows the Bidder/Proposer to withdraw the bid/proposal after showing
a). The mistake was known, or made known to the Purchasing Agent PRIOR to the
awarding of the contract, or within three (3) days after the bid/proposal
opening/receipt, whichever period is shorter;
b). the price bid/proposed was based on an error of such magnitude that
enforcement would be unconscionable;
c). the bid/proposal was submitted in good faith and the Bidder/Proposer submits
credible evidence that the mistake was a clerical error rather than a judgmental
d). the error was actually due to an unintentional substantial mathematical error, or
unintentional omission of a substantial quantity of work, labor, material, or services,
made directly in the compilation of the bid/proposal. (Which error or omission can
be shown by objective evidence drawn from certain listed documents); and
e). it is possible to put the County in "status quo ante".
THE SOLE REMEDY FOR SUCH BID MISTAKE IS WITHDRAWAL OF THE
BID/PROPOSAL AND THE RETURN OF ANY SECURITY. ANY AMENDMENT OR
REFORMATION OF THE BID/PROPOSAL IS EXPRESSLY PROHIBITED.
SAMPLE COUNTY AGREEMENT
THIS AGREEMENT made this _____ day of __________, 200_, by and between the
COUNTY OF OTSEGO, a municipal corporation, having its office and principal place of
business in the Village of Cooperstown, County of Otsego, State of New York, hereinafter
referred to as COUNTY, and __________________, hereinafter referred to as
WHEREAS, the COUNTY, through it’s Purchasing Agent, solicited bids for _____________ ;
WHEREAS, the CONTRACTOR herein submitted the lowest acceptable bid for
WHEREAS, by Resolution No. __ of 200_ duly adopted by the OTSEGO COUNTY BOARD OF
REPRESENTATIVES, on the __ day of _____, 200_, a copy of which is attached hereto and
made a part hereof, the Chairman of the OTSEGO COUNTY BOARD OF REPRESENTATIVES
was authorized to execute a contract with the CONTRACTOR for __________________;
NOW, THEREFORE, in consideration of the mutual promises and obligations hereinafter
made, as well as other good and valuable consideration, the parties do mutually covenant
and agree as follows:
1. PURPOSE. To enter into a written contract setting forth the terms and obligations of
each of the parties __________and the consideration to be paid therefor during the term
set forth herein.
2. GOODS AND/OR SERVICES TO BE PERFORMED. The COUNTY shall acquire from
the CONTRACTOR certain goods and/or services, the same to be in accordance with the
terms and conditions of Exhibit “A” and “A-1" attached hereto and made a part hereof.
3. TERM: (FOR SERVICES) The term of this contract shall commence on or about
__________, 200_ after receipt of “Notice to Proceed” by the COUNTY. This Agreement
shall be completed upon the occurrence of the later of the following events: (a) one
hundred twenty (120) days from date of issue; (b) later or earlier date set specifically in
the bid document. Such later date as agreed to by the COUNTY for delay for “good cause”
4. PRICE. The COUNTY shall pay to the CONTRACTOR and the CONTRACTOR agrees to
accept as payment under the terms of this Agreement, payment as set forth at Exhibit “B”
5. STANDARD PROVISIONS. Exhibit “C” (Standard Provisions) is attached hereto and
made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
COUNTY OF OTSEGO
(SEAL) by: _______________________
Carl F Higgins, Chairman
Otsego County Board of
(SEAL) by: _______________________
STATE OF NEW YORK
COUNTY OF OTSEGO SS:
On this _____ day of __________, 200_, before me personally came CARL F.
HIGGINS, to me personally known, who being me duly sworn, did depose and say that he
resides at High Street, Edmeston, New York; that he is the Chairman of the Board of
Representatives of the County of Otsego, the municipal corporation described in and which
executed the within Agreement, that he knows the seal of said corporation; that the seal
was so affixed by authorization of the Board of Representatives; and that he signed his
name thereto by like order.
Qual. in Otsego County
My Comm. expires: _____________
STATE OF NEW YORK
COUNTY OF SS:
On this _____ day of __________, 200_, before me personally came
________________________, to me personally known, who being by me duly sworn, did
depose and say that he/she resides at ____________________________; that he/she is
the _______________________ of ********, the corporation described in and which
executed the within Agreement; that he/she knows the seal of said corporation; that the
seal was so affixed by authorization of the Board of Directors; and that he/she signed
his/her name hereto by like order.
Qual. in _______________________
My Comm. expires: _____________
TERMS AND CONDITIONS
The CONTRACTOR agrees to provide ______ to the COUNTY in accordance with the bid
specifications and terms attached to this contract and incorporated herein and designated
as Exhibit A-1.
This exhibit will be the entire bid document.
SCHEDULE OF PAYMENTS
The County shall pay to the CONTRACTOR and the CONTRACTOR agrees to accept as
payment under the terms of this Agreement the sums as more specifically described in
Exhibit A-1 annexed hereto and made a part hereof.
1. AGENCY. This agreement in no way establishes an agency relationship between the
CONTRACTOR and COUNTY. Each party shall maintain its independence and its separate
identity. Each party shall have exclusive control of its management, employee, staff,
policies and assets. Neither party assumes any liability for the acts of the other party.
2. ASSIGNMENT. This contract may not be assigned by the CONTRACTOR without prior
express written approval by the COUNTY. The terms of this contract shall be binding upon
the successors, heirs and assigns of the parties hereto, in the event of approved
3. MODIFICATION. There shall be no oral modifications of this contract and any
modification or amendment of the terms of this contract shall not be binding unless
executed in writing by the parties hereto. The terms of this written agreement contain the
entire understanding between the parties and supersede any oral representations
4. GOVERNING LAW. The terms of this contract shall be governed pursuant to the laws
of the State of New York. The goods and/or services provided shall comply with all
Federal, State and local statutes, rules and regulations.
5. RENEWAL. (If applicable) This contract may not be renewed without the prior
approval, by resolution, of the Board of Representatives of the COUNTY OF OTSEGO,
unless specifically provided for herein by authorizing resolution.
6. HOLD HARMLESS. The CONTRACTOR and the COUNTY shall hold harmless and
indemnify the other party from and against liability, loss, damage, cost and expense which
such other party may suffer from any claim, demand, suit or cause of action which may be
made or had against it by reason of the negligence or malpractice on the part of the
indemnifying party, including its agents, servants or employees.
7. EXECUTORY CLAUSE. This Agreement shall be deemed executory only to the extent
of the monies appropriated and available for the purpose of this Agreement, and no liability
on account thereof shall be incurred by the COUNTY beyond the amount of such monies.
It is understood that neither this agreement nor any representation by any public employee
or officer create any legal or moral obligation to request, appropriate or make available
monies for the purpose of this Agreement.
8. INSURANCE. The CONTRACTOR shall maintain for the term of this contract, general
and auto liability insurance with a minimum limit of $500,000/$1,000,000. The
CONTRACTOR shall provide the COUNTY, at the time of signing this contract, a Certificate
of Insurance, naming OTSEGO COUNTY as an additional insured; which insurance shall
further state that the coverage may not be changed or canceled without thirty (30) days
prior notice to the COUNTY OF OTSEGO as an additional insured.
The CONTRACTOR shall also provide the COUNTY, at the time of signing this Agreement,
proof of Workers' Compensation coverage.
9. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors
10. TERMINATION. (For Service Contracts Only) This Agreement may be terminated
by the COUNTY upon 60 days notice at any time, and on 30 days notice in the event of
default in performance by the CONTRACTOR.
11. INDEMNIFICATION. The party seeking indemnification hereunder shall promptly
notify the indemnifying party in writing of receipt of notice of commencement of any action
with respect to which a claim for indemnification is to be made hereunder. The
indemnifying party will be entitled to assume the defense of such action with counsel
reasonably acceptable to the indemnified party and after notice from the indemnified party
to the indemnified party of its election to assume the defense thereof. The indemnifying
party will not be liable to the indemnified party for any legal or other expenses
subsequently incurred by the indemnified party in connection with the defense thereof.
12. COOPERATION BETWEEN PARTIES. Each of the parties hereto agree to
cooperate with each other to expeditiously complete the terms of this contract and to
conduct their operations in a relationship of trust and confidence, one with the other.
13. NON-DISCRIMINATION. The CONTRACTOR expressly agrees:
(a) that in the hiring of employees for the performance of work under this
Agreement or any subcontract hereunder, no contractor, subcontractor, nor any person
acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color,
sex, age, physical disability or national origin discriminate against any citizen of the State of
New York who is qualified and available to perform the work to which the employment
(b) that no contractor, subcontractor, nor any person on his/her behalf shall, in any
manner, discriminate against or intimidate any employee hired for the performance of work
under this Agreement on account of race, creed, color, sex, age, physical disability or
national origin; and
(c) that there may be deducted from the amount payable to the CONTRACTOR by
the COUNTY under this Agreement a penalty of fifty dollars for each person for each
calendar day during which such person was discriminated against or intimated in violation
of the provisions of this Agreement; and
(d) that this Agreement may be canceled or terminated by the COUNTY, and all
moneys due or to become due hereunder may be forfeited, for a second or any subsequent
violation of this section of the Agreement.
CONTRACTOR shall comply with all rules and regulations of the Americans with Disabilities
14. CONTRACT DOCUMENTS. The Contract Documents shall consist of the following
(including their attachments and exhibits):
Notice to Bidders
Instructions to Bidders
Signed copy of Bid, with all attachments required for bidding
Payment and Performance Bonds
Certificates of Insurance
This Agreement, together with the above-named documents, which said other
Documents are as fully a part of the contract as if hereto attached or herein repeated,
forms the Contract between the parties hereto. In the event that any provision of any
attachment or other component made a part hereof is inconsistent with Exhibit C, Items 1-
21, then Exhibit C, Items 1-21 shall govern except as otherwise specifically stated.
The COUNTY will be provided a reasonable number of copies of such of the
documents prepared by the CONTRACTOR as the COUNTY deems appropriate. The cost of
such copies shall be borne by the CONTRACTOR.
15. PROGRESS REPORTS (for service contracts only). The CONTRACTOR shall issue
progress reports to the COUNTY as the COUNTY may direct and shall immediately inform
the COUNTY in writing of any cause for delay in the performance of its obligations under
16. CONFLICTS OF INTEREST. The CONTRACTOR agrees that it has no interest and
will not acquire any interest, direct or indirect, that would conflict in any manner or degree
with the performance of the services and duties hereunder. The CONTRACTOR further
agrees that, in the performance of this Agreement, no person having any such interest
shall be employed by it.
The CONTRACTOR represents and warrants that it has not employed or retained any
person, other than a bona fide full time salaried employee working solely for the
CONTRACTOR to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person (other than payments of fixed salary to a bona fide full time salaried employee
working solely for the CONTRACTOR) any fee, commission, percentage, gift or other
consideration, contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision without limiting any other rights or remedies to
which the COUNTY may be entitled or any civil or criminal penalty to which any violator
may be liable, the COUNTY shall have the right, in its discretion, to terminate this
Agreement without liability, and to deduct the contract price, or otherwise to recover, the
full amount of such fee, commission, percentage, gift or consideration.
The CONTRACTOR hereby stipulates and certifies that there is no member of the
OTSEGO COUNTY legislature or other OTSEGO COUNTY officer or employee forbidden by
law to be interested in the Agreement directly or indirectly, who will benefit therefrom or
who is a party thereto.
17. COMMERCIAL DRIVERS LICENSE. The CONTRACTOR agrees to comply with the
Federal Commercial Drivers License Drug and Alcohol Testing Program requirements set
forth in 49 CFR Parts 40 and 382.
18. MINOR CHANGES
When ordered by the COUNTY, or the COUNTY'S representative, the CONTRACTOR
shall make minor changes in the location of the work, installation of equipment, and other
things called for in the Contract, at no additional cost to the COUNTY. Such minor changes
shall be limited to matters that do not alter the character, quantity or cost of the work as a
whole. The COUNTY, or the COUNTY'S representative, shall be the sole judge of what
constitutes a minor change.
19. CHANGE ORDERS AND PAYMENT OR CREDIT THEREFOR (FOR
CONSTRUCTION CONTRACTS ONLY)
The COUNTY, without invalidating the Contract, may make changes by altering,
adding to or deducting from the work the contract sum being adjusted accordingly. All
such work shall be executed in conformity with the terms and conditions of the original
Contract, unless otherwise provided in the order for same. Any claim for extension of time
caused thereby shall be adjusted at the time of ordering such change.
CHANGE ORDER FORM
No instructions, either written or verbal, shall be construed as an order for changes
unless it be in the form of a Change Order, bearing the signed approval of the COUNTY
and the COUNTY'S representative and the signed acceptance of the CONTRACTOR, except
in the case of disagreement as to value of changes, when the CONTRACTOR'S signature to
the order will not be mandatory. Change Orders shall describe or enumerate the work to
be performed and state the price, if any, to be added to or deducted from the Contract
sum. If the nature of the work is such that a change Order, as above, cannot be issued
until the work has been advanced sufficiently to obtain exact quantities, said work will be
authorized in writing by the COUNTY, and/or the COUNTY'S representative, with the
accompanying statement that a Change Order will be issued when the necessary
information is at hand.
Except as provided in the above paragraph, no change shall be made, unless in
pursuance of a Change Order, and no claim for an addition to the Contract sum shall be
valid unless so ordered. If the CONTRACTOR believes that any instructions, by drawing or
otherwise, involves extra cost under his/her Contract, he/she shall give the COUNTY
written notice thereof and await instructions before proceeding to execute such work.
VALUE OF CHANGE
The value of any change shall be determined by one or more of the following
methods and in the following order:
A. By prices specifically named in the specifications or proposals.
B. By acceptance of agreed unit prices based on estimated cost plus
overhead and profit as applicable.
C. By estimate of the actual cost of labor and materials plus overhead
and profit, cost to be determined as the work progresses.
D. By actual cost of labor and materials plus overhead and profit, cost to
be determined as the work progresses.
E. By estimate of the value as deductible from the approved detailed
Overhead shall be defined as an allowance to compensate for all costs, charges and
expenses, direct or indirect, except for the actual cost of labor and material as defined by
the following paragraph. Overhead shall be considered to include, but not be limited to
insurance (other than as mentioned in the following paragraph), bond or bonds, field and
office supervisors and assistants above the level of foreperson, use of small tools and
minor equipment, incidental job burdens, general office expense, etc.
LABOR AND MATERIAL COST
Actual cost of labor and material shall be defined as the amount paid for the
following items, to the extent determined reasonable and necessary.
A. Cost of materials delivered to the job site for incorporation into the
B. Wage paid to workers and forepersons and wage supplements paid to
labor organizations in accordance with current labor agreements.
C. Premiums or taxes paid by the Contractor for Worker's Compensation
Insurance, unemployment insurance, FICA tax and other payroll
taxes as required by law, net of actual and anticipated refunds and
D. Sales tax paid as required by law.
E. Allowance for use of construction equipment (exclusive of hand tools and
minor equipment), as approved for use by the COUNTY or the COUNTY’S
representative. The rate on self-owned equipment used for periods of under
one week will be the Associate Equipment Distributor’s published monthly
rate divided by 22 days to establish a daily rate and divided again by eight
hours to establish an hourly rate. Equipment used for periods of 5 days or
more will be billed at a rate equal to 45% of the published monthly rate.
Self-owned equipment is defined to include equipment rented from controlled
or affiliated companies. Rented equipment will be paid for at the actual
rental cost. Gasoline, oil and grease required for operation and maintenance
will be paid for at the actual cost. When, in the opinion of the
CONTRACTOR, and as approved by the COUNTY or the COUNTY’S
representative, suitable equipment is not available on the site, the moving of
said equipment to and from the site will be paid for at actual cost.
F. When the material furnished under item (A) is used material, it's value
shall be pro-rated to the value of new material, but should be no
more than it's cost. When, in the opinion of the COUNTY or the
COUNTY'S representative, the salvage value of salvageable
material furnished under item (A) exceeds the cost of salvage, a
suitable credit shall be given the COUNTY.
Regardless of the method used to determine the value of any change, the
CONTRACTOR will be required to submit evidence satisfactory to the COUNTY to
substantiate each and every item that constitutes his/her proposal of the value of the
change. The amounts allowable for overhead and profit shall not exceed the applicable
percentages as established in the two following paragraphs.
If the work is done directly by the CONTRACTOR, overhead in an amount of 10%
may be added if method B, C or D is used, and to the cost of the labor and materials plus
overhead there may be added 10% for profit. The percentages for overhead and profit
may vary according to the nature, extent and complexity of the work involved, but in no
case shall exceed the percentages set forth in this paragraph and in the following
paragraph. No percentages for overhead and profit will be allowed on payroll taxes or on
the premium portion of overtime pay.
If the work is done by a sub-contractor, sub-contractor's overhead in the amount of
5% may be added to cost of labor and materials if method B, C or D is used and to the cost
of labor and materials plus overhead there may be added 10% for the sub-contractor's
profit. To this amount there may be added 10% for the sub-contractor's profit. To this
amount there may be added 10% for the CONTRACTOR'S combined overhead and profit.
No percentage for overhead and profit will be allowed on payroll taxes or on the premium
portion of overtime pay. However, to the extent that the aggregate dollar value of changes
under a contract exceeds $75,000, the 10% overhead applied to total costs of labor and
materials incurred by the prime CONTRACTOR shall be reduced to 5%, and the combined
overhead and profit of 10% applied to sub-contact billings shall be reduced to 5%. In
addition, on all individual Change Orders in excess of $75,000, the overhead shall be no
more than 5% of the total actual cost of labor and materials incurred by the prime
CONTRACTOR, and the combined prime CONTRACTOR'S overhead and profit allowance
applied to sub-contract billings shall be no more than 5%.
The COUNTY shall determine by which of the forgoing methods the value of any
changes shall be computed.
Any and all requests for payment to be made, including any request for partial
payment made in proportion to the work completed, shall be submitted by the
CONTRACTOR on properly executed claim forms of the COUNTY and paid only after
approval by the COUNTY. All payments shall be subject to a 5% retainage which shall be
held by the COUNTY until released as provided herein. In no event shall final payment or
release of retainage be made to the CONTRACTOR prior to completion of all services, the
submission of reports and the approval of same by the COUNTY.
Except as otherwise expressly stated in this Agreement, no payment shall be made
by the COUNTY to the CONTRACTOR for out of pocket expenses or disbursements made in
connection with the services rendered or the work to be performed hereunder.
Prior to the making of any payments hereunder, the COUNTY may, at its option,
audit such books and records of the CONTRACTOR as are reasonably pertinent to this
Agreement to substantiate the basis for payment. The COUNTY will not withhold payment
pursuant to this paragraph for more than thirty (30) days after payment would otherwise
be due pursuant to the provisions of this paragraph, but the COUNTY shall not be restricted
from withholding payment for cause found in the course of such audit or because of failure
of the CONTRACTOR to cooperate with such audit. The COUNTY shall, in addition, have
the right to audit such books and records subsequent to payment, if such audit is
commenced within one year following termination of this Agreement.
20. CORRECTION OF WORK
Any materials, plant or equipment delivered to the site for use in the work which
may be disapproved by the COUNTY, or the COUNTY'S representative, as unsuitable or not
in keeping with the specifications shall be immediately removed by the CONTRACTOR from
If any portion of the work is damaged in any way, or if defects or faults develop
before the Inspection at Substantial Completion and issuance of a Certificate of Substantial
Completion, or before the expiration of the 12-month guarantee period, the CONTRACTOR
shall repair, replace or otherwise make good the damage or defects to the satisfaction of
the COUNTY, or the COUNTY'S representative, regardless of whether the work may have
previously passed the specified inspections and tests. No additional payment will be made
for such remedial work.
Failure on the part of the COUNTY, or the COUNTY'S representative, to condemn
defective work shall not imply acceptance of the work, nor act to release the CONTRACTOR
from his/her obligations to repair, replace or otherwise make good the work at his/her own
expense, notwithstanding that such work may have been estimated for payment or that
partial or full payments may have been made therefor.
All original records compiled by the CONTRACTOR in completing the work described
in this Agreement, including but not limited to written reports, studies, drawings,
blueprints, negatives of photographs, computer printouts, graphs, charts, plans,
specifications and all similar recorded data, shall become and remain the property of the
COUNTY. The CONTRACTOR may retain copies of such record for its own use.
22. PRODUCTS AND MATERIALS
CONTRACTOR shall certify, in writing to the COUNTY, that all products and materials
used are asbestos free.
END OF EXHIBIT C
OSHA HAZARD COMMUNICATION STANDARD
(HCS 29 CFR)
To ensure that Otsego County Office Buildings and Facilities comply with OSHA Hazard
Communication Standard (HCS 29 CFR 1910.1200), it is the responsibility of:
Lyle W. Jones Jr., Safety Officer
Office of Emergency Services
County Office Building
197 Main Street
Cooperstown, New York 13326
(607) 547-4227 (B)
(607) 293-7521 (H)
to provide contractors with the following information:
1. copies of Material Safety Data Sheets for hazardous chemicals to which they may
be exposed while on the job site;
2. precautions the employees, both the contractor's and the employer's, may take
to lessen the possibility of exposure by usage of appropriate protective measures;
3. description of the labeling system in use at the site.
Lyle W. Jones Jr., Safety Officer, will be responsible for contacting each contractor before
work is started in the County Buildings or Facilities to gather and disseminate any
information concerning chemical hazards that the contractor is bringing to our workplace.
It is the responsibility of each Department Head to notify the Safety Officer of work being
done by outside contractors, and how to appropriately contact them.
INFORMATION EXCHANGE VERIFICATION
Telephone: _______________________ (Business)
Job Description: __________________________________________
Job Site: __________________________________________
Safety Officer: __________________________________________
RESPONSIBILITY OR ADMINISTRATION OF CONTRACTOR
Check Items as They Are Completed.
_____1.The facility supervisor provides briefing on the workplace chemical
hazards to the contractor or contractor representative prior to entering the
_____2.The supervisor provides the contractor with information about or
explanation of the labeling system, MSDS's, and inventory of hazardous
chemicals on location.
_____3.The supervisor indicates the location and accessibility of the NYSAC
Hazard Communication and Right-to-Know Compliance Assistance Manual.
_____4.The supervisor advises the contractor if protective clothing is needed for the work
to be performed.
_____5.The supervisor informs the contractor of the hazards of non-routine tasks,
chemicals in unlabeled pipes, and other problems, if applicable.
_____6.The supervisor obtains from the contractor copies of MSDS's for each
hazardous material brought into the workplace.
_____7.The supervisor requests/obtains the contractor's/representative's name,
signature, and date on the form.
_____8.The supervisor files the form in the NYSAC Hazard Communication and Right-to-
Know Compliance Assistance Manual under the Contractor Employee
Contractor Name: __________________________________
Briefing Conducted by: __________________________________