Southtowns Record

TBA07.27.2026packet

Government
Town of West Seneca
Board
Town Board
Meeting
Jul 27, 2026, 6:00 p.m.
Posted by publisher
Jul 23, 2026
Kind
Agenda packet
Topics
Budget and taxes, Public safety, Water, sewer and drainage, Parks and recreation, Roads and traffic, Zoning and land use, Audits and oversight, Housing

Original document

Same meeting

Text · page 41 of 190

Read the whole document on one page (all 190 pages, each with its own heading)

7. Indemnification and Limitation of Damages
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Project Owner, and
its officers, directors, and employees, from and against claims, damages, losses, and expenses, including
reasonable attorneys’ fees, but only to the extent caused by the negligent acts or omissions of the Contractor, its
employees, agents, and subcontractors in the performance of the Work. The Contractor’s obligation to
indemnify shall not apply to the extent that such claims, damages, losses, or expenses are caused by the
negligence or willful misconduct of the Project Owner or its agents. The obligations under this Section shall be
limited to the extent covered by the Contractor’s applicable insurance policies and required contract limits.

8. Property Access
The Project Owner agrees to be present at the scheduled work time to ensure that the Contractor has reasonable access to
the working area, including parking and/or storage space for its vehicles, equipment, and project supplies. The Contractor
agrees to contact the Project Owner 72 hours prior to arrival to schedule an appropriate arrival time and agrees to make a
reasonable effort not to disturb or damage the Project Owner’s property beyond any demolition required for completion of
the contracted work.

9. Site Conditions
The contract price is based on the cost of labor, materials, equipment, permits and services in effort as of the date of this
agreement. The contract price may be adjusted upon written notice from the contractor if any of the following occur:
  - Changed in the scope of work including additions, deletions or modifications to drawings, specifications, or
  sequencing.
  - Owner-requested changes or design revisions
  - Unforeseen field conditions requiring work not reasonably inferable from the contract documents and/or a site
  visit.
No work associated with a price adjustment shall proceed without the Owner’s prior written authorization, except where
immediate action is necessary to avoid injury or prevent damage. The contractor shall not be responsible for any handling
or removal of Hazardous Materials, and upon the discovery of any such Hazardous Materials the Project Owner agrees to
immediately address the removal of same, at Project Owners' Expense.

10. Final Inspection
Prior to making final payment, the Project Owner will have the opportunity to review all completed work by the
Contractor. Project Owner will have the opportunity to identify any incomplete or unsatisfactory work by means of an
agreed upon punch list and is authorized to withhold final payment until such issues are addressed by the Contractor.

11. Payment
Project Owner shall hereby pay for the services and/or equipment furnished by the contractor within 15 days of the date of
the Contractor’s invoice. All invoices not contested in writing within thirty (30) business days of receipt are deemed
accepted by the Project Owner as true and accurate and are payable in full. Interest will be charged on all accounts not
paid when due at a rate of two percent per month, or, if less, the maximum rate allowed by law. In the event Project
Owner fails to pay Contractor all amounts which become due under the agreement or fails to perform its obligations
hereunder, and contractor refers such matter to an attorney or collection agency, Project Owner agrees to pay in addition
to the amounts due, any and all costs incurred by Contractor as a result of such action, including reasonable attorney’s
fees.

12. Contractor Warranty
The Contractor shall extend a warranty for all labor and materials, excluding Owner provided equipment for a period of
three hundred and sixty-five (365) days. This warranty covers materials and workmanship. Should the Project Owner
discover any incomplete, incorrect, faulty, or failed workmanship during the warranty period, the Contractor shall correct
such issues at the Contractor’s expense.

13. Disputes
In the event that this contractual relationship gives rise to legal disputes between the parties that cannot be resolved among
themselves, the parties may agree to voluntary arbitration in which case New York State law will govern, and the venue

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