RFP-4 s 4
TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NEW YORK
TOWN SUPERVISOR
BOARD MEMBERS
TOWN CLERK
BARBARA GUTZLER
WILLIAM H. BEALE
VINCENT BETTINA
ISMAY CZARNIECKI
MICHAEL KUZMICZ
CHRISTINE FULTON
JUNE 2013 q'W
AUG b 2013
& TOWN OF WAPPIN<ER
TOWN CLER
PREPARED BY:
MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 4543411 Fax: (845) 473-1962
64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
Request for Proposal (RFP) — Town Hall Server Room Air Conditioning
Town of Wappinger, Dutchess County, NY
Issue Date: June, 2013
Table of Contents
Section Section Title
I Information for Bidders
II Proposal Form
III Contract Agreement
IV General Conditions
V Special Conditions
VI Scope of Work
VII Drawings
H-130621-1 HVAC PARTIAL PLAN/ SCHEDULES, REV. 1
K
I - INFORMATION FOR BIDDERS
1. Receipt and Opening of Proposals
The Town of Wappinger (the Town or Owner), invites proposals on the form attached
hereto, all blanks of which must be completely filled in. Proposals will be received by the
Town at the office of the Town Clerk until 11 o'clock a.m., local time, 08/05/2013 and then
at said office publicly opened and read aloud. The envelopes containing the Proposals
must be sealed and addressed to the Town of Wappinger at 20 Middlebush Road,
Wappingers Falls, New York 12590 and designated as Proposal for the "REQUEST FOR
PROPOSAL TOWN OF WAPPINGER TOWN HALL SERVER ROOM AIR
CONDITIONING".
The Town may consider informal any Proposal not prepared and submitted in accordance
with the provisions hereof and may waive any informalities or reject any and all Proposals.
Any Proposal may be withdrawn prior to the above scheduled time for the opening of
Proposals or authorized postponement thereof. Any Proposal received after the time and
date specified shall not be considered. No bidder may withdraw a Proposal within 45 days
after the actual date of the opening thereof.
Bidders can have access to the site upon request by contacting the Town Engineer, Bob
Gray, Morris Associates, P.L.L.C. at (914) 475-5749.
2. Preparation of Proposal:
Each Proposal must be submitted on the prescribed form. All blank spaces for Proposal
prices must be filled in, in ink or typewritten, in both figures and words, and the foregoing
Certifications must be fully completed and executed when submitted.
Each Proposal must be submitted in a sealed envelope bearing on the outside the name of
the bidder, his/her address, and the name of the project for which the Proposal is
submitted. If forwarded by mail, the sealed envelope containing the Proposal must be
enclosed in another envelope addressed as specified in the Advertisement for Proposals.
3. Qualifications of Bidder:
The Town may make such investigations as deemed necessary to determine the ability of
the bidder to perform the work, and the bidder shall furnish to the Town all such information
and data for this purpose as the Town may request. The Town reserves the right to reject
any Proposal if the evidence submitted by, or investigation of, such bidder fails to satisfy the
town that such bidder is properly qualified to carry out the obligations of the contract
documents and to deliver the items specified. Conditional Proposals will not be accepted.
Names and qualification of all subcontractors must be submitted with the Proposal.
5. Addenda and Interpretations:
No interpretation of the meaning of the specifications or other pre-bid documents will be
made to any prospective bidder orally. Every request for such interpretation should be in
writing addressed to Town Engineer, Bob Gray, Morris Associates, P.L.L.C. at (914) 475-
5749. To be given consideration they must be received at least five days prior to the date
fixed for the opening of Proposals. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications which, if issued, will
be mailed by certified mail with return receipt requested to all prospective bidders (at the
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respective addresses furnished for such purposes), not later than three days prior to the !
date fixed for the opening of Proposals. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his/her
Proposal as submitted. All addenda so issued shall become part of the
Proposal/agreement documents.
7. Conditions of Work:
Each bidder must inform him/her self of the conditions relating to the work required under
this project and the employment of labor thereon. Failure to do so will not relieve a
successful bidder of his/her obligation to furnish all material and labor necessary to carry
out the provisions of his/her contract.
8. Sales Tax:
This work is exempt from certain sales/use taxes and the Contract amount excludes such
taxes, but includes all other taxes.
9. Proposal Comparison
Proposals will be compared on the basis of the totals on the Proposal form comprising all
items at the respective lump sum prices and/or unit prices Proposal for those items. In the
event there is a discrepancy between any figures written in words and written numerically,
the price written in words shall govern. The Town reserves the right to waive any
irregularities or informalities, or to reject any or all Proposals.
10. Proposal Quantities
The Town reserves the right to increase or decrease any item in this contract they deem to
be in the best interest of the Town.
11. Method of Award - Lowest Qualified Bidder:
It is the Town's intention, to award the contract based on the lowest price of the base
Proposal plus the alternatives chosen which have been submitted by a qualified bidder as
long as the base Proposal plus the alternatives chosen does not exceed the amount of
funds then estimated by the Town as available to finance the contract. If such Proposal
exceeds such amount, the Town may reject all Proposals.
12. Not Used:
13. Notice to Proceed:
Contractor shall not proceed with any work under this agreement, for which work the
Contractor is contemplating claiming reimbursement, until Contractor has received the
Executed Contract and a Notice to Proceed from the Town.
14. Requirements Of NYS Workers' Compensation Board:
Before the Town enters into agreement with the Contractor, he must submit proof that he
has obtained the required workers' compensation and disability benefits coverage, or that
he is not required to provide such coverage.
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II - PROPOSAL FORM
TO: The Town Board of the Town of Wappinger.
In compliance with your Notice to Contractors, published in the
K) f4 dated , the
undersigned proposes and agrees as follows:
1. To furnish all the equipment, and incidentals, and to furnish labor and do all the
work required, to construct, furnish, and complete the TOWN OF WAPPINGER
TOWN HALL SERVER ROOM AIR CONDITIONING and associated work in
accordance with the prices so named in this Proposal in a worker like manner,
in accordance with the "REQUEST FOR PROPOSAL TOWN OF WAPPINGER
TOWN HALL SERVER ROOM AIR CONDITIONING " documents, all of which
are a part of the contract hereto annexed.
2. To complete all the work as specified, on which this Proposal is based, within
Thirty (30) days after the starting date specified in the Town's Notice to
Proceed.
[The Notice to Proceed shall be issued by the Town Supervisor. It is
anticipated that this will occur on or about one week after Proposal opening
date.
3. To furnish the Town within five (5) calendar days from the date of the request, if
identified as the apparent low bidder and if requested by the Town, a statement
of qualifications.
4. To enter into a contract within ten (10) calendar days from the date of
acceptance of this Proposal.
5. To comply with the Davis -Bacon Act and other federal labor standards or
provisions and to pay New York State prevailing wage rates applicable to this
contract.
In compliance with the Instructions to Bidders, the undersigned declares that he/she has
examined the site of the work and informed himself/herself fully in regard to all conditions
pertaining to the place where the work is to be done. He/she has examined the plans and
specifications for the work and the contract documents relating thereto, has read all
addenda furnished prior to the opening of Proposals, and has satisfied himself/herself
relative to the work to be performed.
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ADDENDA:
Receipt of the following addenda (if any) is hereby acknowledged:
DATE
ADDENDUM NO. 1
ADDENDUM NO. 2
ADDENDUM NO. 3
SIGNATURE
The bidder proposes to perform the work required for the Base Proposal in
aacc\corda`nce with
^the Contract Documents forthesum of: Q �q
1 1n� r't 2Q1f1 huu �C�srtd �1�1� ��7r��lY $
(in writing) (and figures)
Dated: 0 o c4 j_ 0 3
SIGN PROPOSAL HERE
Authorized Signature Title
1 f1C4LICh A—
Print Name
Legal Company Name P ��ZA
Address o 6 -
City,
City, State, Zip
Telephone No. <K' y J- y (/^7 - 1 G O J
Federal I.D. # =�n - ) 6 1 f S�(�
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b 6 1 ,
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III - CONTRACT AGREEMENT
TOWN BOARD
TOWN OF WAPPINGER, NEW YORK
THIS AGREEMENT, made and executed this _ day of otu tD-� , in
the year Two Thousand and by and between Yhe Town Board,
Town of Wappinger and Contractor,
WITNESSETH: in consideration of the mutual agreements herein contained the parties
hereto have agreed and hereby agree with each other, the Town, its successors and
assigns, and the Contractor, and his/her successors and assigns, as follows:
The Town Board, Town of Wappinger, New York agrees to pay and the Contractor
agrees to accept (unless modified pursuant to the terms set forth in the General
Conditions attached hereto) a total, final and fixed Contract Price of: m
F �Ay f% kt-R-px CLOUA-s ($ 13 506
for the TOWN OF WAPPINGER TOWN HALL SERVER ROOM AIR CONDITIONING.
The Contractor will furnish all labor and materials necessary to perform the work
indicated in the "PROPOSAL FOR TOWN OF WAPPINGER TOWN HALL SERVER
ROOM AIR CONDITIONING " as prepared for the Town Board, Town of Wappinger as
noted herein.
Included in this Contract are all labor, supervision, machinery, equipment, facilities,
tools, transportation, supplies, materials, insurance, permits, certificates, tests,
guarantees, protection of equipment and property and life during construction, and all
other things whether or not explicitly shown or mentioned, necessary and proper for or
incidental to the completion of a worker like job, complete in every respect and detail,
left ready and in perfect condition for the Owner's use, as called for in the plans and
specifications.
The Contractor, by placing his/her signature on this Contract, hereby certifies that
he/she has read and is aware, cognizant, and knowledgeable of the contents of all
Proposal documents and the contract documents and he/she agrees to abide by and be
bound by their contents and by all applicable federal, State and local laws, ordinances
and statutes.
The Contractor agrees to defend, indemnify and hold harmless the Owner for any
actions arising from injuries to the Contractor's employees, even if caused in whole or in
part by Owner's negligence.
Payments, both progress and final, will be made after submittal to, review and approval
by the Town Engineer and the Town Board.
7
The Contractor agrees to begin work on the day specified in the Town's Notice to*
Proceed and unless the date for completion is extended pursuant to Town Board
approval, he/she agrees to complete the work within Thirty (30) days from the starting
date specified in the Notice to Proceed.
(Corp rate Seal if applicable)
(Office r's/Partner's/Individual's) signature
V' t n Qac"A- 91 > Sri
(Officer's/Partner's/Individual's) name printed
(Corporation/Partnership/Individual) name printed
---Q e �re _�__'_--- C'- '- v t± ---- 2g=n- SL-----------------------------------------------------
STATE of N eA.Al� \I 0 %--,�-- )
COUNTY of ) ss:
On this day of , -}- , 20 r-5.
before me personally came ; tnCIQn,T R "•S a0 to me
known and known to me to be the person described in and who executed the
foregoing
instrument, and he/she duly acknowledged that he/she executed the same.
SUSAN RUGGIERO Notary Public, v County v
Notary Public. State of New York
Qualified in Orange County
Registration No.0 I RU6177068 G
Commission Expires November 5. 2C5 No. 01,Ru 4 1190 L -P 0 Term Expires b S
Town Board, Town of Wappinger (Owner)
Attest By:
8
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, V ' o m� w� `:>D , certify that I am the
PreS'; � m� secretary of the corporation named as principal in the
within bond; that who signed the said bond on behalf of the
principal, was then of said corporation; that I know
his signature, and his signature thereto is genuine; and that said bond was duly signed,
sealed, and attested for and in behalf of said corporation of its governing body.
(Corporate Seal)
INSTRUCTIONS
The name, including full given name, and business or residence address of each
individual party to the bond shall be inserted in the space provided therefor, and each
such party shall sign the bond with his usual signature on the line opposite the scroll
seal.
If the principals are partners, their individual names shall appear in the space provided
therefor, with the recital that they are partners composing a firm, naming it, and all the
members of the firm shall execute the bond as individuals.
If the principal or surety is a corporation, the name of the state in which incorporated
shall be inserted into the space provided therefor, and said instrument shall be executed
and attested under the corporate seal as indicated in the form. If the corporation has no
corporate seal the fact shall be stated in which case a scroll or adhesive seal shall
appear following the corporate name.
The official character and authority of the person or persons executing the bond for the
principal, if a corporation, shall be certified by the secretary or the assistant secretary,
according to the form herein provided. In lieu of such certificate there may be attached
to the bond copies of so much of the records of the corporation as will show the official
character and authority of the officer signing, duly certified by the secretary or assistant
secretary, under the corporate seal, to be true copies.
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IV - GENERAL CONDITIONS
ARTICLE 1: DEFINITIONS
1.1 WORDS AND EXPRESSIONS
The following words and expressions, or pronouns used in their stead, shall, wherever
they appear in this Contract, be construed as follows, unless a different meaning is clear
from the context.
"Act of God" shall mean an act, event, happening, or occurrence, and disaster and
effect due to natural causes and inevitable accident, or disaster; a natural and
inevitable necessity which implies 'entire exclusion of all human agency which
operates without interference or aid from man and which results from natural
causes and is in no sense attributable to human agency.
"Addendum" or "Addenda" shall mean the additional contract provisions issued in
writing by the Engineer prior to the receipt of Proposals.
"Certificate of Completion" shall mean a letter or notice signed by the Owner after
the Engineer has determined that no further work is to be done.
"Certificate of Substantial Completion" shall mean a letter or notice signed by the
Engineer when the work or a designated portion thereof is sufficiently complete
that the Owner may occupy or use the work for the use for which it is intended.
"Change Order" shall mean the fully executed written order to the Contractor
authorizing an addition, deletion or revision in the work within the general scope of
the contract documents, or authorizing an adjustment in the contract price or
contract time.
"Contract" or "Contract Documents" shall mean each of the various parts of the
contract listed below, both as a whole and severally.
Except for titles, sub -titles, headings, running headlines, tables of contents and
indices (all of which are printed herein merely for convenience) the following,
except for such portions thereof as may be specifically excluded, shall be deemed
to be part of this contract:
1. Contract Agreement
2. Performance Bond
3. General Conditions for Contract
4. Special Conditions for Contract
5. Detail Specifications
6. Drawings
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7. All Addenda
8. All provisions required by law to be inserted in this contract whether
actually inserted or not
9. Change Orders
* "Contractor" shall mean the person, partnership, firm or corporation with whom the
Owner has executed the Contract Agreement.
* "Contract Work" shall mean everything expressly or implicitly required to be
furnished and done by the Contractor by any one or more parts of the Contract
defined herein, except extra work as defined herein.
* "Engineer" shall mean the consulting engineer for the Town as designated and
duly appointed by the Town, directed or assigned by them to this Contract, with
the powers and duties as stated in the contract documents.
* "Extra Work" shall mean work other than that required either expressly or implicitly
by the contract in its present form. It may include work in areas designated on the
plans as areas of future work, or in areas within the contract limits or adjacent
thereto. Extra work shall be authorized by a change order.
* "Final Acceptance" shall mean acceptance of the work by the Owner as evidenced
by his signature upon the final Certificate of Completion. Such acceptance shall
be deemed to have taken place only if and when such signature is affixed to said
Certificate of Completion.
* "Inspector" shall mean an authorized representative of the Owner assigned to
make any and all necessary inspections of the work performed and materials
furnished by the Contractor.
* "Owner" shall mean the party of the first part hereto, the Town, the Supervisor, or
any other person designated by them to act on their behalf.
* "Plans" shall mean only those drawings specifically entitled as such and listed in
the Specifications or in any addendum.
* "Project" shall mean the entire improvement to which this contract relates.
* "Site" shall mean the area upon or in which the Contractor's operations are carried
on, and such other areas adjacent thereto as may be designated as such by the
Engineer.
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, 1 0 e
* "Specifications" shall mean all of the directions, requirements, and standards of
performance applying to the work as hereinafter detailed and designated as such.
* "SubContractor" shall mean any person, firm or corporation, other than employees
of the Contractor, who or which contracts with the Contractor to furnish, or actually
furnishes, labor, materials or labor and equipment at the site.
* "Surety" shall mean any person, firm or corporation that has executed as surety,
and bond or bonds required to be executed by the Contractor as they relate to the
provisions of the Contract.
* "The Work" shall mean everything expressly or implicitly required to be furnished
and done by the Contractor under the contract and shall include both contract
work and extra work.
* Whenever they refer to the work or its performance, the words "directed",
"required", "permitted", "ordered", "designated", "prescribed", and words of like
import are used, they shall imply the direction, requirement, permission, order,
designation or prescription of the Engineer and "approved", "acceptable",
"satisfactory", "in the judgment of', and words of like import, shall mean approved
by, or acceptable to, or satisfactory to, in the judgment of the Engineer.
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ARTICLE 2: ROLES AND RESPONSIBILITIES
2.1 THE CONTRACTOR
4 a f ,
The Contractor shall supervise, direct and perform the work in accordance with the true
intent and meaning of the contract documents. Unless otherwise expressly provided,
the work must be performed in accordance with the best modern practice, with materials
and workmanship of the highest quality, all as determined by, and entirely to the
satisfaction of, the Engineer. The Contractor shall be responsible for the entire work
until completed and accepted by the Owner.
Unless otherwise expressly provided, the means and methods of construction shall be
such as the Contractor may choose, subject, however, to the approval of the Engineer.
Such approval, or the Engineer's failure to exercise his right to reject, shall not create a
cause of action for damages.
The Contractor shall assume all risks and responsibility and shall complete the work in
whatever material and under whatever conditions he may encounter or create, without
extra cost to the Owner.
The Contractor shall indemnify and hold harmless the Town in connection with all
claims for damages sustained by any third party by virtue of damages caused to a third
party personally or to the property of the third party personally or to the property of the
third party and the contractor shall be solely liable to said third party for said damages
caused by the contractor's tortious acts.
No plea of ignorance or misunderstanding of conditions that exist or that may hereafter
exist, or of conditions or difficulties that may be encountered in the execution of the
work under this contract, as a result of failure to make the necessary examinations and
investigations, will be accepted as an excuse for any failure or omission on the part of a
Contractor to fulfill in every detail all of the requirements of the contract documents, or
will be accepted as a basis for any claims whatsoever for extra compensation or an
extension of time.
The Contractor acknowledges that the Owner does not guarantee that all pipes, ducts,
utilities and other underground structures are shown on the plans, and that the
information given is intended only as a guide to the Contractor. The Contractor shall not
claim damages and shall not be entitled to payment because of any omission or faulty
location on the plans of any pipes, ducts, utilities or other underground structures.
The Contractor shall do all work and pay all costs of cutting, protecting, supporting,
maintaining, relocating and restoring all surface, subsurface or overhead structures, and
all other property, including pipes, conduits, ducts, tubes, chambers, and
appurtenances, public or private, in the vicinity of the work (except such which by law,
franchise, permit contract, consent or agreement the owner thereof is required to
protect, support, maintain, relocate or restore), repairing the same if damaged and
14
restoring to their original conditions all areas disturbed. He shall not claim or be entitled
to any damages for delay or otherwise by reason of such required work, and he hereby
assumes all risks in connection therewith.
2.2 THE OWNER
The Owner, in addition to those matters expressly made subject to its determination,
direction or approval in this contract, shall have the power:
(1) To determine finally any and all questions in relation to this contract and its
performance, which determination shall be final and conclusive upon the
Contractor;
(2) To modify or change this contract so as to require the performance of extra
work, or the omission of contract work, or both, whenever it deems it in the
public interest to do so;
(3) To suspend the whole or any part of the work or terminate the entire project
whenever, in its judgment, such suspension or termination is required
(a) in the interest of the Owner generally, or
(b) to coordinate the work of the various Contractors engaged in this
project, or
(c) to expedite the completion of the entire project even though the
completion of this particular Contract may be thereby delayed, without
compensation to the Contractor for such suspension other than
extending the time for the completion of the work, as much as it may
have been, in the opinion of the Engineer, delayed by such
suspension;
(4) If before the final completion of all the work contemplated herein, it shall be
deemed necessary by the Owner to take over, use, occupy or operate any
part of the completed or partly completed work, the Owner shall have the
right to do so and the Contractor will not, in any way, interfere with or object
to the use, occupation or operation of such work by the Owner after receipt
of notice in writing from the Board Director that such or part thereof will be
used by the Owner on and after the date specified in such notice.
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2.3 ENGINEER'S AUTHORITY
(1) The Engineer, in addition to those matters elsewhere herein expressly made
subject to his determination, direction or approval, shall have the power,
subject to review by the Owner:
a. To inspect the performance of the work;
b. To determine the amount, kind, quality, sequence, and location of the
work to be paid for hereunder;
C. To determine all questions in relation to the work, to interpret the
PROPOSAL FOR TOWN OF WAPPINGER TOWN HALL SERVER
ROOM AIR CONDITIONING documents and addenda;
d. To make minor changes in the work as he deems necessary, provided
such changes do not result in a net increase in the cost to the Owner
or to the Contractor of the work to be done under the contract;
e. To amplify the plans, add explanatory information and furnish
additional specifications and drawings consistent with the intent of the
contract documents.
f. To determine how the work of this contract shall be coordinated with
the work of other Contractors engaged simultaneously on this project,
including the power to suspend any part of the work.
(2) The foregoing enumeration shall not imply any limitation upon the power of
the Engineer, for it is the intent of this contract that all of the work shall be
subject to his determination and approval, except where the determination or
approval of someone other than the Engineer is expressly called for herein.
All orders of the Engineer requiring the Contractor to perform work as
contract work shall be promptly obeyed by the Contractor.
(3) The Engineer will not be responsible for the construction means, controls,
techniques, sequences, procedures or construction safety.
(4) The Engineer shall promptly make decisions relating to interpretation of the
plans and specifications.
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I J 0
ARTICLE 3: INTERPRETATION OF CONTRACT DOCUMENTS
3.1 CONFLICTING PLANS AND SPECIFICATIONS
In the case of conflicting information within the plans and specifications as to the type of
materials or workmanship to be provided, the Contractor agrees that he will accept the
decision of the Engineer as to which was intended or which is in the best interest of the
Owner.
In the event that any provision in any of the following parts of this Contract conflicts with
any provision in any other of the following parts, the provision in the part first
enumerated below shall govern over any other part which follows numerically, except as
may be otherwise specifically stated. Said parts are the following:
1. Addenda
2. Special Conditions for Contract
3. General Conditions for Contract
4. Detail Specifications
5. Contract Drawings
The Contractor shall verify field conditions, including measurements and other
conditions, before the start of construction. Any errors, inconsistencies or omissions
shall be brought to the Engineer's attention for resolution.
3.2 SHOP DRAWINGS
Where the nature of the work of the Contract makes it necessary, or where so required
by the Engineer, the Contractor shall submit scale and full size shop drawings of the
work for review by the Engineer. The shop drawings shall be complete in every detail
and show any and all other necessary information in accordance with usual trade
practice as particularly required for any special purposes.
The Contractor shall thoroughly check all shop drawings of the various trades for
measurements, sizes of members, materials and details to make sure that they conform
to the intent of the plans and specifications and for any and all other contract
requirements. Drawings found to be inaccurate or otherwise in error shall be made
correct. Shop drawings prepared by or under the direction of the Contractor shall be
checked for accuracy and contract requirements by the Contractor before being
forwarded to the Engineer. Shop drawings not so checked and noted will be returned to
the Contractor without being examined by the Engineer. All measurements shall be
verified at the building and/or structures.
17
Shop drawings shall be either catalog cuts or drawings showing construction details.`
The details required will vary but should include dimensions, sizes, type of material,
finish, fabrication notes, special care or handling requirements, supplier or vendor
name, contract, item number, name of company supplying drawing, date, revision and
other information to identify and evaluate the item described.
The Engineer shall promptly review submitted shop drawings as an aid to the
Contractor but review of drawings by the Engineer shall not relieve the Contractor of his
responsibility for the proper performance of the work without additional cost to the
Owner, whether or not the work was installed in accordance with drawings reviewed by
the Engineer. Shop drawings will be reviewed for design and general arrangement
only.
Seven (7) sets of shop drawings shall be submitted. Four (4) sets will be returned to the
Contractor. One (1) set of shop drawings shall be submitted with the final as -built
drawings.
3.3 MATERIALS
All materials, equipment and articles (products) incorporated into the permanent work,
which will become the property of the Owner, shall be new unless specifically stated or
shown otherwise in the contract documents. The word "new" shall not operate to
exclude recycled raw materials used in the manufacture of previously unused, i.e. new,
materials, equipment and articles (products) for this contract, provided that such items
comply with all other contract requirements.
All materials, equipment and articles (products) which are specified by brand name (i.e.,
manufacturer's or supplier's name or trade name and catalog or model number or
name) shall be deemed to have the words "or equal" inserted in each instance. The
intent is not to limit competition but to establish a standard of quality which the Engineer
has determined is necessary. The Contractor may use any product equal to that named
in the contract documents provided 1) that the Contractor has given timely notice of his
intent (in accordance with the submittal and scheduling requirements of this contract)
and 2) that the Engineer approves the proposed alternate.
The Engineer may establish criteria for product approval and shall determine whether a
proposed product is to be approved.
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The Contractor shall have the burden of proving at his own cost and expense, to the
satisfaction of the Engineer, that the proposed product is equal to that named in the
contract documents. Items offered by some manufacturers or suppliers may require
changes in the contract. The Contractor shall bear the cost and expense of preparing
and providing detailed drawings showing all changes, if any, from details shown in the
contract documents, for structures, pipes, seals, controls or other devices required to
insure a complete, satisfactory and operating installation. Such detailed drawings shall
be subject to the Engineer's approval as to conformance with the over-all project
requirements.
The Contractor shall supply the product named 1) if the Engineer determines that the
Contractor's proposed product is not equal to the product named in the contract
documents or 2) if the Contractor fails to comply with the provisions of this article. The
Contractor shall have and make no claim for the extension of time or for damages
because 1) the Engineer requires a reasonable period of time to consider a product
proposed by the Contractor or 2) because the Engineer does not approve the
Contractor's proposed product.
Where optional materials or methods are specified, or where "or equal" submissions are
approved, the Contractor shall make all adjustments necessary to accommodate the
option he selects.
3.4 ROYALTIES AND PATENTS
The Contractor shall pay all royalties and license fees and include the cost thereof in his
Proposal. He shall defend all suits or claims for infringement of any patent rights and
shall save harmless the Owner from loss on account thereof, except that the Owner
shall be responsible for all such loss when a particular design, process or the product of
a particular manufacturer is specified and the Contractor properly acquires all royalties
and license fees at no additional cost to the Owner.
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ARTICLE 4: PERFORMANCE OF THE CONTRACT
4.1 RESPONSIBILITY FOR DAMAGE
The Contractor shall faithfully perform and complete all of the work required by the
Contract, and has full responsibility for the risks hereinafter set forth as well as sole
liability for damages sustained by third parties to wit:
(1) Loss or damage, direct or indirect, to the work including the building or
structure in which the work is being performed, or any other construction in
progress whether being performed by any other Contractor or the Owner, or
to any plant, equipment, tools, materials or property furnished, used,
installed or received by the Engineer under this contract or any other
contract. The Contractor shall bear all such risk of loss or damage, until all
of the work covered by the Contract has been finally accepted. In the event
of such loss or damage, the Contractor shall forthwith repair, replace, and
make good any such loss or damage at the direction of the Engineer without
additional cost to the Owner.
(2) Injury to persons (including death resulting therefrom), or damage to
property caused by an occurrence arising out of the performance of this
Contract for which the Contractor may be legally liable under the laws of
torts.
(3) The Contractor shall not be responsible for damages resulting from willful
acts of Owner's employees or from negligence resulting solely from acts or
omissions of the Owner, its officers or employees. Nothing herein shall vest
in third parties any right of action beyond such as may legally exist
irrespective of this article.
(4) The Contractor shall indemnify and save harmless the Owner, its officers,
employees and agents, from suits, actions, damages, and costs of every
name and description relating to the performance of this Contract during its
prosecution and until the acceptance thereof, and the Owner may retain
such moneys from the amount due the Contractor as may be necessary to
satisfy any claim for damages recovered against the Owner. The
Contractor's obligations under this paragraph shall not be deemed waived by
the failure of the Owner to retain the whole or any party of such moneys due
the Contractor, nor shall such obligation be deemed limited or discharged by
the enumeration or procurement of any insurance for liability for damages
imposed by law upon the Contractor, subcontractor or the Owner.
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(5) The Contractor shall provide written notice to the Engineer within three (3)
business days of any loss, damage or injury arising out of the Contractor's
performance of the Contract.
(6) No claim whatsoever shall be made by the Contractor against any officer,
agent, or employee of the Town, for, on account of, or by reason of anything
done, or omitted to be done, in connection with this contract.
4.2 CLAIM FOR DAMAGES BY CONTRACTOR
If the Contractor shall claim compensation for any damage sustained, other than for
extra or disputed work by reason of any act or omission of the Owner, its agents or of
any persons, he shall, within five (5) days after sustaining such damage, make and
deliver to the Engineer a written statement of the nature of the damage sustained and of
the basis of the claim against the Owner. If on or before the fifteenth of the month
succeeding that in which any damage is alleged to have been sustained, the Contractor
shall fail to make and deliver to the Engineer an itemized, verified statement of the
details and amount of such damages claimed, it is hereby stipulated that all claims for
such compensation shall be forfeited and invalidated and the Contractor shall not be
entitled to payment on account of such claims.
4.3 DIS_
The Contractor specifically agrees to submit in writing, in the first instance, any dispute
relating to the performance of this Contract to the Engineer, who shall reduce his
decision to writing and furnish a copy thereof to the Contractor. The Contractor must
request such decision in writing no more than fifteen days after he knew or ought to
have known of the facts which are the basis of the dispute.
The decision of the Engineer shall be final and conclusive unless within twenty days
from the date of receipt of such copy the Contractor serves upon the Board a written
appeal. Upon appeal, the decision of the Board or its duly authorized representative
shall be final and conclusive unless the decision is fraudulent or capricious or arbitrary
or so grossly erroneous as necessarily to imply bad faith or is not supported by
substantial evidence. In connection with any appeal proceeding under this clause, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support
of his appeal.
Pending final determination of a dispute hereunder, the Contractor shall proceed
diligently with the performance of the Contract, including the work being disputed, in
accordance with the Engineer's decision. Nothing in this Contract shall be construed as
making final the decision of any administrative official upon a question of law.
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4.4 COORDINATION OF SEPARATE CONTRACTORS
The Owner may award other contracts related to the work. In that event, the Contractor
shall coordinate his work with the work of other Contractors in such manner as the
Owner may direct. Each Contractor shall control and coordinate the work of his
subcontractors, if any. The Owner shall approve or require the modification of the work
schedules of all Contractors to the end that the project may be progressed as
expeditiously as the case permits.
If any part of the work depends for proper execution or results upon the work of any
other Contractor, the Contractor shall inspect and promptly report in writing to the
Engineer any defects in such work. The Contractor's failure to inspect and report shall
constitute an acceptance of the other Contractor's work as fit and proper for the
reception of the work of this contract.
The Owner shall issue appropriate directions and take such other measures to
coordinate and progress the work as may be reserved to the Owner in the contract, and
which an ordinarily reasonable project owner in similar circumstances would be
expected to take. However, the Owner shall not be liable for mere errors in judgments
as to the best course of action to adopt among the alternatives available in any given
instance.
The award of more than one contract for the project requires sequential or otherwise
interrelated Contractor operations, and may involve inherent delays in the progress of
any individual Contractor's work. Accordingly, the Owner cannot guarantee the
unimpeded operations of any Contractor. The Contractor acknowledges these
conditions, and understands that he shall bear the risk of all ordinary delays caused by
the presence or operations of other Contractors engaged upon the project, and ordinary
delays attendant upon any Owner approved construction schedule.
The Owner shall not be liable for ordinary delays in any case nor for extraordinary
delays which occur by reason of any Contractor's failure to comply with directions of the
Owner, or because of the neglect, failure of inability of any Contractor to perform his
work efficiently, or the failure of a supplier to supply or a subContractor to perform.
Any claim for extraordinary delay caused by an allegedly unreasonable or arbitrary act,
or failure to act, by the Owner in the exercise of its responsibility for supervision and
coordination of the work, shall be waived, released, and discharged unless the
Contractor whose work is impeded or delayed thereby, shall give notice in writing to the
Board as promptly as possible and in sufficient time to permit the Board to investigate
and formulate appropriate instructions.
The neglect or refusal of a Contractor to comply with directions issued by the Owner
pursuant to its responsibility for supervision of the work shall constitute a failure to
progress the work diligently in accordance with Contract requirements and shall justify
withholding payments otherwise due, or termination of the Contract.
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The Contractor shall indemnify the Owner for damages recovered against the Owner by
another Contractor to the extent that any such claim or judgment is the proximate result
of the Contractor's failure to progress the work in accordance with Contract
requirements.
4.5 CONTRACTOR'S SUPERVISION
The Contractor shall designate, in writing, a competent supervisor for the work to
represent the Contractor at the site at all times with authority to act for him and who can
communicate effectively with the Owner's representative. All directions given the
Contractor's representative shall be as binding as if given to the Contractor. The work
may be suspended by the Engineer in whole or in part, if the Contractor has no such
representative on site. The representative shall keep on site copies of the plans and
specifications and shall have full authority to supply material and labor as required.
Should the Engineer deem any employees of the Contractor incompetent or negligent,
or otherwise not qualified by reason of experience, or for any cause unfit for their duty,
the Contractor shall dismiss them and they shall not again be employed on the work.
4.6 PERMITS AND COMPLIANCE
The Contractor shall obtain, maintain and pay for all other permits and licenses legally
required and shall give all notices, pay all fees and comply with all laws, rules and
regulations applicable to the work at no additional cost to the Owner.
4.7 BOUNDARIES
The Contractor and all Subcontractors shall confine their equipment, apparatus, and the
storage of materials and supplies of his workmen to limits indicated by law, ordinance,
permits or directions of the Engineer.
4.8 REFUSE AND DEBRIS
The Contractor shall at all times keep the refuse and debris at the job site to a minimum,
and at the completion of the contract shall remove all debris, waste and rubbish, tools,
equipment, surplus supplies and materials, temporary structures, etc, and leave all
areas "broom" or "rake" clean. The interiors of buildings shall be cleaned as stated in
the Specifications and General Conditions.
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4.9 SUBCONTRACTORS AND SUPPLIERS
Before any part of the Contract shall be sublet or material purchased, the Contractor
shall submit to the Engineer in writing the name of each proposed Subcontractor and
supplier and obtain the Engineer's written consent to such Subcontractor and supplier.
The names shall be submitted in ample time to permit acceptance or rejection of each
proposed Subcontractor and supplier by the Engineer without causing delay in the work
of the Project.
The Contractor's use of Subcontractors and suppliers shall not diminish the Contractor's
obligations to complete the work in accordance with the Contract. The Contractor shall
control and coordinate the work of his Subcontractors.
The Contractor shall be responsible for informing his Subcontractors and suppliers of all
the terms, conditions and requirements of the contract documents.
In making payment to his Subcontractors, the Contractor shall comply with the
provisions of New York State General Municipal Law § 106.b. Nothing contained in this
Contract shall create any contractual relationship between any Subcontractor and the
Owner.
4.10 CONTRACTOR'S WORK REQUIREMENTS
The Contractor shall do all the work and furnish at his own cost and expense, all labor,
supervision, machinery, equipment, facilities, tools, transportation, supplies, materials,
insurance, permits, certificates, tests, guarantees, protection of equipment and property
and life during construction, and all other things whether or not explicitly shown or
mentioned, necessary and proper for or incidental to the completion of a workmanlike
job, complete in every respect and detail, left ready and in perfect condition for the
Owner's use.
All work performed under this contract shall be according to the highest standards of the
trades involved, and shall conform to the requirements of any utilities, and any and all
Federal, State and local laws, codes, ordinances and statues as may be in effect at the
time of bidding.
This shall not be construed as relieving the Contractor from complying with any of the
requirements of the plans and specifications which may be in excess of the
requirements mentioned herein.
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ARTICLE 5: CHANGE IN THE WORK
5.1 PROCEDURE
The Owner may make changes by altering, adding to or deducting from the work, and
adjusting the contract sum accordingly. All changed work shall be executed in
conformity with the terms and conditions of the contract documents unless otherwise
provided in the change order. Any change in the contract sum or time for completion
shall be adjusted when issuing a change order.
No written or oral instructions shall be construed as directing a change in the work
unless in the form of a change order signed by the Owner and the Contractor. The
change order shall describe or enumerate the work to be performed and state the price.
to be added to or deducted from the contract sum. If the extent or cost of the work is
not determinable until after the change in the work is performed, the change order shall
specify the method for determining the cost and extent of the change in the work when
completed. If the Contractor disagrees with any element of the change order, he shall
indicate his disagreement in writing on the face of the change order and promptly
proceed in accordance with the change order. If he disputes any item of the change
order, he shall comply with Article 4.3.
If the Contractor encounters a situation or work for which he believes he is entitled to a
change order, he shall give the Engineer or inspector notice by telephone or in person
within one business day and shall await instructions before proceeding.
If the Contractor is directed to perform work for which he believes he is entitled to a
change order, he shall give the Engineer prompt written notice and await instructions
before proceeding to execute such work. The Engineer may order the Contractor to
execute the work as contract work. If the Contractor disputes this decision, he shall
give notice pursuant to the dispute provisions of Article 4.3.
5.2 PAYMENT FOR CHANGE ORDERS
The value of a change order shall be determined by one of the following methods.
(1) By lump sum or unit prices negotiated or established based on estimated
cost plus fifteen percent (15%) as compensation for all other items of profit
and cost or expense, including administration, overhead, superintendent,
materials used in temporary structures and allowances made by the
Contractor to the Subcontractors.
25
(2) If no unit prices are set forth and if the parties cannot agree upon a lump t `
sum, then by the actual and reasonable net cost in money to the Contractor
of the materials and of the wages of applied labor required for such extra
work (including net premium for workers' compensation insurance,
contributions pursuant to the State Unemployment Insurance Law, and
withholding taxes pursuant to the Federal Social Security Act) , plus fifteen
percent (15%) as compensation for all other items of profit and cost or
expense, including administration, overhead, superintendent, materials used
in temporary structures and allowances made by the Contractor to the
Subcontractors.
(3) By prices specifically named in the specifications or on the Proposal Form.
(4) By estimate of the value as can be determined from the approved detailed
estimate.
The Contractor shall, upon request, furnish satisfactory proof of all labor performed,
materials furnished and equipment used in the performance of extra work.
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ARTICLE 6: TIME OF COMMENCEMENT, COMPLETION AND TERMINATION FOR
CAUSE
6.1 TIME OF COMMENCEMENT AND COMPLETION
(1) The Contractor must commence work on the day specified therefor in a
Notice to Proceed signed by the Owner. Since TIME IS OF THE ESSENCE
in this Contract, the Contractor shall thereafter prosecute the work diligently,
using such means and methods of construction as will assure its full
completion in accordance with the requirements of the Contract Documents
not later than the specified date therefor, or on the date to which the time for
completion may be extended.
(2) Unless the date for completion is extended pursuant to the provisions of
paragraph 6.2 below, the Contractor shall complete the work within the time
allotted as stated in the Contract Agreement. The Engineer shall be the sole
judge as to whether the work hereunder has been completed within the time
stipulated.
6.2 EXTENSION OF TIME
It is mutually agreed that no extension beyond the date of completion fixed by the terms
of the contract shall be effective unless consented to in writing by the Engineer. An
application by the Contractor for extension of time must be in writing, setting forth in
detail the reasons and causes of delay and the date upon which each such cause of
delay began and ended, and must be submitted to the Engineer within five (5) days
after the start of the alleged delay. If the Engineer should determine that the delay was
not due to any act or omission on the part of the Contractor or was due to causes
beyond the control of the Contractor, the Contractor shall be entitled to an extension of
time equal to the number of days actually delayed if such extension shall be required.
If, however, the Engineer should determine that the delay was caused directly or
indirectly by the act or conduct of the Contractor or any of his Subcontractors or
suppliers, the Engineer may refuse to grant an extension of time and direct the
Contractor to re -arrange his progress schedule so as to complete the work within the
time set forth in the contract.
If the Owner deems it advisable and expedient to have the Contractor complete and
finish the work after the expiration of the contract date of completion, and in order that
the Owner's fiscal officer may be permitted to make payment to the Contractor for work
performed beyond the completion date, the Owner will grant an extension of time
necessary to complete the work, conditional upon the assessment and deduction of
liquidated damages from the moneys which may become due hereunder.
27
In the event of delay for cause, the Contractor's sole remedy shall be the extension of
time granted as hereinabove provided, and the Contractor shall have no right to, or
cause of, action for damages or additional costs resulting from any such delay.
Time necessary for review by the Engineer of shop drawings and delays incurred by
normal seasonal and weather conditions should be anticipated and are neither
compensatory nor eligible for extensions of time.
6.3 NOT USED
6.4 TERMINATION FOR CAUSE
If in the judgment of the Owner, the Contractor fails or refuses to prosecute the work in
accordance with the Contract, or is failing to complete the work within the time provided
by the Contract, the Owner may terminate the Contract by written notice. In such event,
the Owner shall order the surety to complete the work. If the surety fails or refuses to
complete the work in accordance with the contract provisions, including time of
completion, the Owner may take over the work and prosecute it to completion by
contract publicly let or otherwise, and may take possession of and utilize in completing
the work, such of the Contractor's plant, materials, equipment, tools and supplies as
may be on the site of the work. Whether or not the right to terminate is exercised, the
Contractor and his surety shall be liable for any damage to the Owner resulting from his
failure or refusal to complete the work in accordance with the Contract or his failure to
complete the work within the time provided by the Contract.
If the Owner terminates the Contract, damages shall consist of liquidated damages, if
any, until the work is physically completed, plus any increased costs occasioned the
Owner in completing the work.
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If the Owner does not terminate the Contract, the damages shall consist of liquidated
damages, if any, until the work is physically completed.
The Contract shall not be so terminated nor the Contractor charged with resulting
damage if:
(1) The delay in the completion of the work arises from unforeseeable causes
beyond the control and without the fault or negligence of the Contractor,
including but not restricted to, acts of God, acts of the public enemy, acts of
the Board in either its sovereign or contractual capacity, acts of another
Contractor in the performance of a contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, unusually
severe weather, or delays of Subcontractors or suppliers arising from
unforeseeable causes beyond the control and without the fault or negligence
of both the Contractor and such Subcontractors or suppliers, and
(2) The Contractor shall notify the Engineer in writing of the causes of delay
within fifteen (15) days from when the Contractor knew or ought to have
known of any such delay.
The Engineer will ascertain the facts and the extent of the delay and extend the time for
completing the work when, in his judgment, the findings of fact justify such an extension,
and his findings of fact shall be final and conclusive.
If after notice of termination of the Contract, it is determined for any reason that the
Contractor was not in default or that the delay was excusable, the rights and obligations
of the parties shall be the same as if the notice of termination had been issued pursuant
to the termination for convenience clause.
The rights and remedies of the Owner provided in this clause are in addition to any
other rights and remedies provided by law or under this Contract; provided that
damages for delay incurred by the Contractor shall be as specified in this article.
6.5 TERMINATION OF CONTRACTOR'S EMPLOYMENT FOR THE
CONVENIENCE OF THE OWNER
The Owner may terminate this Contract whenever in its judgment the public interest so
requires by delivering to the Contractor a notice of termination specifying the extent to
which performance of work under the Contract is terminated and the date upon which
such termination becomes effective. Upon receipt of the notice of termination, the
Contractor shall act promptly to minimize the expenses resulting from such termination.
The Owner shall pay the Contractor the sum of:
0
(1) the costs actually incurred up to the effective date of such termination, plus '
(2) the cost of settling and paying claims arising out of the termination of work
under subcontracts or orders exclusive of the amounts paid or payable on
account of supplies or materials delivered or services furnished by the
Subcontractor prior to the effective date of the notice of termination of work
under this Contract, which amounts shall be included in the cost on account
of which payment is made under (1) above.
(3) the rate of profit and overhead on (1) and (2) as prescribed by this Contract
for change orders, provided, however, that if it appears that the Contractor
would have sustained a loss on the entire Contract had it been competed, no
profit shall be included or allowed under this paragraph (3) and an
appropriate adjustment shall be made reducing the amount of the settlement
to reflect the indicated rate of loss.
In no event shall the Contractor's compensation exceed the total Contract amount
The detailed estimate or amount of progress payments made to the Contractor prior to
the day termination was effective shall not be conclusive evidence of costs incurred, but
progress payments shall be offset against any payment which the Owner makes to the
Contractor as a result of such termination.
6.6 CONTRACTOR'S DEFAULT
The Contractor shall be declared in default if any of the following occur:
(1) if the Contractor fails to begin work when notified to do so by the Owner, or
(2) if the Contractor becomes insolvent, or
(3) if a petition of bankruptcy is filed by or against the Contractor, or
(4) if the work to be done under this contract shall be abandoned, or
(5) if this contract or any part thereof shall be subcontracted without the consent
of the Owner being first obtained in writing, or
(6) if this contract or any right, moneys or claim thereunder shall be assigned by
the Contractor otherwise than as herein specified, or
(7) if, at any time, the Engineer shall be of the opinion that the conditions herein
specified as to the rate of progress are not fulfilled, or
30
(8) that the work or any part thereof is unnecessarily or unreasonably delayed,
or
(9) that the Contractor is not or has not been executing the contract in good
faith, or
(10) that the Contractor is violating any of the provisions of this contract;
The Owner, without prejudice to any other rights or remedy of said Owner, shall have
the right to declare the Contractor in default and so notify the Contractor by a written
notice, setting forth the ground or grounds upon which such default is declared and that
the Contractor shall discontinue the work, either as to a portion of the same or the whole
thereof. Upon receipt of the notice, the Contractor shall immediately discontinue all
further operations on the work or such portion thereof, leaving untouched all plant,
materials, equipment, tools and supplies.
6.7 SUSPENSION OF WORK
The Engineer may order the Contractor, in writing, to suspend, delay, or interrupt
performance of all or any part of the work for a reasonable period of time as he, in his
sole discretion, may determine. The order shall contain the reason or reasons for
issuance which may include but shall not be limited to the following: latent field
conditions, substantial program revisions, civil unrest, acts of God, failure to have a
supervisor on site.
Upon receipt of a suspension order, the Contractor shall, as soon as practicable, cease
performance of the work as ordered and take immediate affirmative measures to protect
such work from loss or damage.
The Contractor specifically agrees that a suspension, interruption or delay of the
performance of the work pursuant to this article shall not increase the cost of
performance of the work of this Contract.
A suspension order issued by the Engineer pursuant to this article shall have a duration
not to exceed thirty (30) calendar days. If the Contractor is not directed to resume
performance of the work affected by said suspension order prior to the expiration of
thirty (30) calendar days, the Contract shall be automatically terminated for the
convenience of the Owner and the Contractor shall be reimbursed in accordance with
the payment schedule.
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ARTICLE 7: INSPECTION AND ACCEPTANCE
7.1 INSPECTION
I
The Engineer or the Owner's representative will inspect and test the work at reasonable
times at the site, unless the Engineer determines to make an inspection or test at the
place of production, manufacture or shipment. Such inspection or test shall be
conclusive as to whether the material and workmanship inspected or tested conforms to
the requirements of the Contract. Such inspection or test shall not relieve the
Contractor of responsibility for damages to or loss of the material prior to acceptance,
nor in any way affect the continuing rights of the Engineer to reject the completed work.
7.2 CONTRACTOR'S OBLIGATION TO CORRECT DEFECTIVE WORK
The Contractor shall, without charge, promptly correct any work which the Engineer
finds does not conform to the contract documents, unless in the public interest the
Owner consents to accept such work with an appropriate adjustment in the Contract
sum. The Contractor shall promptly remove rejected material from the premises.
If the Contractor does not promptly correct rejected work including the work of other
Contractors destroyed or damaged by removal, replacement, or correction, the Owner
may:
(1) correct such work and charge the cost thereof to the Contractor; or
(2) terminate the Contract in accordance with the section on termination in the
General Conditions.
The Contractor shall furnish promptly and without additional charge all facilities, labor
and material reasonably needed to perform in a safe and convenient manner such
inspections and tests as the Engineer requires.
The Contractor shall promptly correct work rejected by the Engineer or failing to
conform to the requirements of the contract documents, whether observed before or
after substantial completion and whether or not fabricated, installed or completed. The
Contractor shall bear costs of correcting such rejected work, including additional testing
and inspections and compensation for the Engineer's services and expenses made
necessary thereby.
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7.3 PROGRESS REPORTS
The Contractor shall keep the Engineer informed of the progress of his work and
particularly when he intends to cover work not yet inspected or tested. When the work
is not progressed continuously, except for weekends and holidays, the Contractor shall
notify the Engineer again each time before resuming work. Twenty-four hours notice
shall be given. All inspection and tests by the Engineer shall be performed in a manner
not to unreasonably delay the work. The Contractor shall be charged with any
additional cost of inspection when the work is not ready for inspection by the Engineer
at the time stated by the Contractor or agreed to by the Engineer and Contractor.
7.4 INSPECTION PRIOR TO ACCEPTANCE
Should the Engineer determine at any time before acceptance of the entire work to
examine work already completed by removing, uncovering or testing the same, the
Contractor shall, on request, promptly furnish all necessary facilities, labor and materials
to conduct such inspection, examination or test. If such work is found to be defective or
nonconforming in any material respect, the Contractor shall defray all the expenses of
such examination and satisfactory reconstruction. If the work is found to meet the
requirements of the contract documents, the Owner shall compensate the Contractor for
the additional services involved in such examination and reconstruction and if
completion of the work has been delayed thereby, he shall, in addition, grant the
Contractor a suitable extension of time. If the Contractor covers his work prior to
allowing inspections and tests by the Engineer, the Contractor shall promptly uncover
and make ready all such areas for inspections and tests, and the Contractor shall be
liable for and charged with any and all additional associated costs.
No previous inspection or certificates of payment or final payment shall relieve the
Contractor from the obligation to perform the work in accordance with the Contract
Documents. In the event that the Contractor has in any way failed to comply with the
Contract Documents, the final payment shall not act to relieve the Contractor of his
responsibility to comply with the Contract Documents.
33
ARTICLE 8: PAYMENTS
8.1 PAYMENT
For the Contractor's complete performance of the work, the Owner will pay, and the
Contractor agrees _to accept, subject to the terms and conditions hereof, the total of the
lump sum prices and the unit prices at which this Contract was awarded, plus the
amount required to be paid for any extra work ordered by the Engineer under Article 5,
less credit for any work omitted pursuant to Article 5.
8.2 PROGRESS PAYMENTS
(1) The Owner will make monthly progress payments on account of this
Contract, on or after the fifteenth (15th) of each month, whenever the
monthly estimate of the Contractor, as approved by the Engineer, shows that
the fair value of the work completed during the previous month exceeds one
thousand dollars ($1,000.00).
(2) Payment will be in an amount equal to ninety-five percent (95%) of the value
of the work completed less the aggregate of all previous payments.
(3) Payment requests shall be made on a form approved by the Engineer and
shall be submitted by the first business day of the month in which payment is
scheduled to be made. Payment requests shall be approved, changed or
rejected by the Engineer at least three (3) days prior to the date upon which
payment is scheduled to be made.
(4) When submitting payment requests, Contractor shall certify with each
request, that all Subcontractors, suppliers and laborers have been paid in full
(less 5% retainage) up to the date of the request. No payments will be made
by the Owner without this certification. Delays in payment due to
disagreement between the Engineer and Contractor about a quantity shall
be borne by the Contractor. It is also the burden of the Contractor to obtain
agreement from the Engineer or to be satisfied with his estimate.
(5) All materials and work covered by progress payments shall become the
property of the Owner; however, such payments made to the Contractor
shall not be construed as acceptance by the Owner of any work or materials
not in accordance with the Plans and Specifications.
34
., V
8.3 SUBSTANTIAL COMPLETION
(1) When the work or major portions thereof are substantially completed, the
Contractor may submit a request for payment of the remaining amount of the
contract amount. Upon receipt of such request for payment, the Engineer
shall make an inspection and identify all work that is incomplete or otherwise
not ready for final acceptance. The Owner shall approve and promptly pay
the remaining amount of the contract balance less two times the value of any
remaining items to be completed (as identified in the Engineer's Certificate of
Substantial Completion) and an amount necessary to satisfy any claims,
liens or judgments against the Contractor which have not been suitably
discharged. The Certificate of Substantial Completion may also assign
responsibilities for security, maintenance, damage to the work, insurance,
etc. The Certificate shall fix the time within which the Contractor shall
complete all items listed as being incomplete or otherwise not ready for final
acceptance.
(2) As the remaining items of work (as identified in the Engineer's Certificate of
Substantial Completion) are satisfactorily completed or corrected, the
Contractor may prepare a request for payment, but not more often than
monthly, for any such work. The Owner shall pay as in paragraph 8.2.1.
above.
8.4 FINAL PAYMENT
(1) Within thirty (30) days after receiving notice from the Contractor of
completion of all of the work and submission of satisfactory evidence of
having repaired any and all damage to public or privately owned properties
resulting from, but not a part of, the work under this contract, the Engineer
will cause a final inspection to be made for approval of all the work done
under this contract. If upon such inspection the Engineer determines that no
further work is to be done, the Owner will issue a Certificate of Completion to
the Contractor for the work done under this contract.
(2) As a condition precedent to receiving final payment therefore, the Contractor
shall submit verified statements similar to those required under paragraph
8.2.4. and shall also submit proof of title to the materials and equipment
covered by the contract.
(3) The Contractor shall also, prior to the request for final payment, supply to the
Owner, affidavits and certificates of payment for labor, material and
equipment (where applicable).
35
(4) The Owner will, not later than thirty (30) days after the final acceptance of
the work under this Contract, pay the Contractor the entire sum so found due
thereunder after deduction of all previous payments and the amount to be
retained pursuant to the period of maintenance and guarantee. It is mutually
agreed that, all prior payment having been based on estimates made solely
to enable the Contractor to prosecute the work advantageously, the final
payment will be subject to such corrections as may be found necessary to
bring the total payments into agreement with the contract price.
8.5 ACCEPTANCE OF FINAL PAYMENT
(1) The acceptance by the Contractor or by anyone claiming by or through him
of the final payment shall operate as and shall be a release to the Owner
and every officer and agent thereof, from any and all claims and all liability to
the Contractor for any thing done or furnished in connection with this work or
project and for any act or neglect of the Owner or of any others relating to or
affecting the work. No payment, however, final or otherwise shall operate to
release the Contractor or his sureties from any obligations under this
contract or the performance bond.
(2) As a condition precedent to receiving final payment, the Contractor shall
submit AIA forms (or similar) G706 Contractor's Affidavit of Payment of
Debts and Claims, G706A Contractors Affidavit of Release of Liens, and
G707 Consent of Surety to Final Payment.
(3) The Contractor will also, prior to request for final payment, supply to the
Owner, affidavits and certificates of payment for labor, material and
equipment (where applicable).
8.6 CONTRACT QUANTITIES
The quantities actually required to complete the contract work may be less or more than
estimated, and, if so, no action for damages or for loss of profits shall accrue to the
Contractor by reason thereof. For unit price contracts, a change order may be prepared
to bring the actual and estimated quantities and values into agreement.
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8.7 MAINTENANCE AND GUARANTEE
The Contractor shall remedy all defects, paying the cost of any damage to other work
resulting there from, which shall appear within a period of one year from the date of
completion as evidenced by the Owner's Certificate of Completion. The Contractor
shall, for this period, indemnify and hold harmless the Owner, its officers, and agents
from any injury done to property or persons as direct or alleged result of imperfections in
his work or any other claims, actions or proceedings and the Contractor shall
immediately assume and take charge of the defense of such action or suits in like
manner and to all intents and purposes as if said actions and suits had been brought
directly against the Contractor.
The performance bond shall remain in full force and effect through the guarantee
period unless a separate maintenance bond is provided.
If the Contractor shall fail to repair, replace, rebuild or restore such defective or
damaged work promptly after receiving notice given by the Engineer not later than ten
(10) days subsequent to the expiration of the one year period, the Owner shall have the
right to have the work done by others and to deduct the cost thereof from the amount
retained hereunder. The balance, if any, shall be returned to the Contractor at the end
of the one year guarantee period without interest. If the amount so retained be
insufficient to cover the cost of such work, the Contractor shall be liable to pay such
deficiency on demand by the Owner.
8.8 NO ESTOPPEL
The Owner or any department, officer, agent, or employee thereof, shall not be bound,
precluded, or estopped by any acceptance, return certificate or payment made or given
under or in connection with this Contract by the Owner, at any time, either before or
after final completion and acceptance of the work and payment therefor:
(1) showing the true and correct classification amount, quality or character of
the work done and materials furnished by the Contractor or any other person
under this agreement, or from showing at any time that any such
acceptance, return certificate or payment is untrue, incorrect, or improperly
made in any particular, or that the work or any part thereof does not in fact
conform to the requirements of the contract documents, or
(2) from demanding and recovering from the Contractor any overpayment made
to him or such damages as it may sustain by reason of his failure to comply
with the requirements of the contract documents, or
(3) both 1 and 2 above.
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ARTICLE 9: INSURANCE
9.1 INSURANCE
Simultaneously with the execution of the contract, the Contractor shall provide at his
own cost and expense, proof of the following insurance to the Owner, in the form of a
Certificate of Insurance:
(Note: The insurance policy shall name as the insured the Contractor and the
Town).
1. Claims under Worker's Compensation, disability benefits and other
similar employee benefit acts;
2. Claims for damages because of bodily injury, occupational sickness or
disease, or death of his employees;
3. Claims for damages insured by usual personal injury liability coverage
which are sustained (1) by any person as a result of an .offense directly
or indirectly related to the employment of such person by the Contractor,
or (2) by any other person.
Statutory Workers' Compensation coverage, in compliance with the Compensation Law
of the State of New York.
The Contractor shall procure and maintain, at his own expense, during the
contract time, liability insurance as hereinafter specified:
1. Automobile Liability - Every Contractor shall take out and maintain during
the life of this contract Automobile Liability insurance on an occurrence
basis covering all owned, non -owned, and hired vehicles with the limits of
not less than:
Bodily Injury/Property Damage on a combined Single Limits Basis
of at least $1,000,000 each occurrence
No Fault Benefits Statutory Benefits
2. Commercial General Liability - Every Contractor shall take out and
maintain during the life of this contract, which includes the guarantee
period, such Comprehensive General Liability insurance, on an
occurrence basis, to protect him from claims for damages for Bodily Injury
and for Property Damage with limits not less than:
Bodily Injury and Property Damage $2,000,000 per occurrence
$3,000,000 aggregate
$3,000,000 Products/Completed Operations Aggregate
The Town of Wappinger should be covered as an additional insured on a
primary and non-contributory basis including for products and completed
operations. There should be a waiver of subrogation in favor of the Town
of Wappinger and hold harmless provisions in the contract in favor of the
Town.
3. Catastrophe Excess Liability or Umbrella policies are acceptable in
helping to fulfill the requirements, provided they do not contain restrictions
or exclusions of coverages required under these specifications.
4. Owners/Contractors' Protective Liability - The General Liability Policy
should be written to include Contractors' Protective Liability for Bodily
Injury and Property Damage with limits not less than those specified
above to protect the Contractor against claims arising from the operations
of any Subcontractors which he employs on the project.
5. All risk builders risk insurance coverage for loss or damage to property for
buildings and structures owned by the Board, which are under
construction, renovation, remodeling or maintenance under this contract.
The Owner must be listed as additional named insured.
6. Liability insurance for blasting commensurate with the nature and scope
of the blasting which will be conducted on the project. The Owner must
be listed as additional named insured on a primary and non contributory
basis including products and completed operations. Limits should be no
less than stated for the CGL above.
Prior to cancellation or material change in any policy, a thirty (30) day notice shall be
given to the Town Clerk by registered mail, return receipt requested, at the address
listed below:
Christine Fulton, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Upon receipt of such notice the Owner shall have the option to cancel the Agreement
without further expense or liability to the Owner, or to require the Contractor to replace
the cancelled insurance policy, or rectify any material change in the policy, so that the
insurance coverage required is maintained continuously throughout the term of the
Agreement in form and substance acceptable to the Board. Failure of the Contractor to
take out or to maintain, or the taking out or maintenance of any required insurance, shall
not relieve the Contractor from any liability under the Contract, nor shall the insurance
requirements be construed to conflict with the obligations of the Contractor concerning
indemnification.
All property losses shall be made payable to and adjusted with the Owner.
All insurance policies referred to above shall be underwritten by companies authorized
to do business in the State of New York and acceptable to the Owner.
0
In the event that claims in excess of these amounts are filed by reason of any 0 ', ' to
operations under the Agreement, the amount of excess of such claims, or any portion
thereof, may be withheld from payment due or to become due the Contractor until such
time as the Contractor shall furnish such additional security concerning such claims as
may be determined by the Owner.
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ARTICLE 10: MISCELLANEOUS PROVISIONS
10.1 COMPLIANCE WITH CODES AND LAWS
All work performed under this contract shall be according to the highest standards of the
trades involved, and shall conform to the requirements of any utilities, and any and all
federal, State and local laws, codes, ordinances and statutes as may be in effect at the
time of Proposal opening.
This shall not be construed as relieving the Contractor from complying with any of the
requirements of the plans and specifications which may be in excess of the
requirements mentioned herein.
The organization or arrangement of the plans and specifications shall not operate to
define or establish the work to be performed by any trade or subContractor.
10.2 SERVICE OF NOTICES
The Contractor hereby designated the business address specified in his Proposal as the
place where all notices, directions or other communications to the Contractor may be
delivered, or to which they may be mailed. Actual delivery of any such notice, direction
or communication to the aforesaid place, or depositing it in a postpaid wrapper
addressed thereto in any post -office box regularly maintained by the United States
Postal Service, shall be conclusively deemed to be sufficient service thereof upon the
Contractor as of the date of such delivery or deposit.
Such address may be changed at any time by an instrument in writing executed and
acknowledged by the Contractor and delivered to and receipted for in writing by the
Engineer.
Nothing herein contained shall, however, be deemed to preclude or render inoperative
the service of any notice, direction or other communication upon the Contractor
personally, or, if the Contractor be a corporation, upon any officer or director thereof.
10.3 LABOR STANDARDS
The Contractor and its Subcontractors shall comply with all local, State and federal
rules, including, but not limited to the Occupational Safety and Health Act of 1970, the
Contract Work Hours and Safety Standards Act, and the New York State Labor Law
with respect to hours of work, posting of notices, deductions in wages, and
apprenticeship training programs.
41
i' 1 -P
The Contractor and Subcontractors, if any, shall keep the following information records
on the site of this public works project:
a. Record of hours worked by each workman, laborer and mechanic on each
day.
b. Schedule of occupation or occupations at which each workman, laborer,
and mechanic on the project is employed during each work day and week.
c. Schedule of hourly wage rates paid to each workman, laborer, and
mechanic for each occupation.
d. Schedule of hours that each piece of major equipment is being actually
operated each day.
e. Preference in employment shall be shown to residents of the State of New
York who have been residents for a least six (6) consecutive months immediately
prior to the commencement of their employment. Each person so employed in
the construction of public works shall furnish satisfactory proof of residence in
accordance with the rule adopted by the Industrial Commissioner, and each
Contractor and Subcontractor shall keep a list of his employees, stating whether
they are residents of the State of New York, native born citizens or naturalized,
and, in case of naturalization, the date thereof, and the name of the court in
which granted.
Payment of wages earned by employees upon public works shall be as
covered by Section 220 and 220-D of the Labor Law.
Insurance against accident for all persons employed shall be as provided
by the Workers Compensation Laws of the State of New York.
f. The Contractor shall comply with all requirements of the State Labor Law
applicable to contracts on behalf of a municipality for the construction, alteration
or repair of any public building or public work, including particularly, but without
limitation of the foregoing, the provisions relating to hours and wages,
discrimination on account of race or color and preference in employment to
citizens of the State of New York.
The Contractor shall indemnify and save harmless the Town from any
claim alleging a violation of the labor laws of the State of New York, including but
not limited to the Contractor's obligation to pay prevailing wage.
g. Article 8, Section 220 of the Labor Law, as amended by Chapter 750 of
the Laws of 1956, provides, among other things, that it shall be the duty of the
fiscal officer to make a determination of the schedule of employed on public work
projects. The amount for supplements listed on the enclosed schedule (see
Appendix A) does not necessarily include all types of prevailing supplements in
the locality, and a future determination of the Industrial Commissioner may
require the Contractor to provide additional supplements.
The Contract shall make provision for disability benefits, workers
compensation, unemployment insurance and social security, as required by law.
42
10.4 RECORD-KEEPING REQUIREMENT
The Contractor shall establish and maintain complete and accurate books, records,
payroll records, documents, accounts and other evidence directly pertinent to
performance under this contract for a period of six (6) years following final payment or
the termination of this contract, whichever is later, and any extensions thereto. The
Engineer or any other person or entity authorized to conduct an examination, as well as
the agency or agencies involved in this contract, shall have access to such books,
records, documents, accounts and other evidential material during the contract term,
extensions thereof and said six (6) year period thereafter for the purposes of inspection,
auditing and copying. "Termination of this contract", as used in this clause, shall mean
the later of completion of the work of the contract or the end date of the term stated in
the contract.
10.5 NON -ASSIGNMENT CLAUSE
This contract may not be assigned by the Contractor or its right, title or interest therein
assigned, transferred, conveyed, subcontracted or otherwise disposed of without the
previous consent, in writing, of the Owner and any attempts to assign the contract
without the Owner's written consent are null and void. The Contractor may assign its
rights to receive payment with the Owner's prior written consent.
10.6 NON -COLLUSIVE BIDDING REQUIREMENTS
Contractor warrants, under penalty of perjury, that its Proposal was arrived at
independently and without collusion aimed at restricting competition. Contractor further
warrants that, at the time Contractor submitted its Proposal, an authorized and
responsible person executed and delivered to the Owner a Certification of Non -
Collusion by Bidders on Contractor's behalf.
10.7 WAGE AND HOURS PROVISIONS
Neither Contractor's employees nor the employees of its Subcontractors may be
required or permitted to work more than the number of hours or days, except as
otherwise provided in the Labor Law and as set forth in prevailing wage and supplement
schedules issued by the State Labor Department. Furthermore, Contractor and its
Subcontractors must pay at least the prevailing wage rate and pay or provide the
prevailing supplements, including the premium rates for overtime pay, as determined by
the State Labor Department in accordance with the Labor Law.
10.8 WORKERS' COMPENSATION BENEFITS.
This Contract shall be void and of no effect unless the Contractor shall provide and
maintain coverage during the life of this contract for the benefit of such employees as
are required to be covered by the provisions of the Workers' Compensation Law. The
Contractor agrees to defend, indemnify and hold harmless the Owner for any actions
43
1 "", " A y
arising from injuries to the Contractor's employees, even if caused in whole or in part by
Owner's negligence.
10.9 NONDISCRIMINATION REQUIREMENTS
The Contractor shall not discriminate against any employee or applicant for employment
because of race, creed, color, sex or national origin. The Contractor shall take
affirmative action to insure that all employees are employed, and that employees are
treated equally during employment, without regard to their race, creed, color, sex or
national origin.
10.10 ARCHAEOLOGICAL SALVAGE
Whenever during the course of construction, historical objects are encountered, such
objects shall not be moved or destroyed. Work shall be stopped and re -scheduled to
avoid disturbing such areas and the Engineer shall be notified immediately. The
Engineer will then contact Louise Basa, Technical Services, New York State
Department of Environmental Conservation at 518-457-3811, who will issue
instructional procedures which will govern continuation of work in the affected area.
44
V - SPECIAL CONDITIONS
1. Location — The work is to be performed at the Town of Wappinger Town Hall, 20
Middlebush Road, Wappinger, NY.
2. Preconstruction Conference — Upon issuance of a "Notice To Proceed", the
Contractor, Town Engineer and the Building Department shall meet to discuss the
work
3. Stop Work — In the event the Town observes, during it's inspection that these rules
are not being followed, the Contractor will be ordered to stop the work until proper
precautions are in place.
4. Shop Drawings — Shop drawings and/or material sheets shall be provided for all
products and processes utilized in the work. Contractor can coordinate with the
Town personnel to work in the Areas during regular office hours.
6. Inspections — The Town Engineer will be inspecting the work. The Building
Department will also be inspecting the work and the Contractor will be required to
comply with the Building Department typical inspection requirements.
7. Access — The Area of Work is utilized by several Town Departments. Access by
Town personnel is required at all times.
9. Work — It is the intention of this contract that the work be completed and delivered to
the Owner in a complete and operational fashion.
45
VI - SCOPE OF WORK
General
The intent of Section VI — Scope of Work is to describe the work for this project
consisting of providing all labor, material and equipment to complete work as
described, and as reasonably implied to provide complete and operative systems
with the quality of workmanship generally associated with the work performed.
The design documents for this project are diagrammatic in nature. It is the
Contractors responsibility to review this document, complete a thorough
inspection of the existing systems and to provide any design required for the
intended work to be performed.
All work is to be provided as per all applicable New York State building codes,
national electrical code and the applicable standards, regulations and
requirements of the organizations listed in the generally accepted standards of
the New York State building codes.
Town of WaDDinaer Town Hall Server Room Air Conditioning
Provide a freestanding air conditioner including condenser air ductwork,
condensate pump and piping, electrical receptacle, all required appurtenances
and cutting and patching to provide for a fully functional air conditioning system
for the Town Hall Server Room.
46
KEY PLAN
AIR CONDITIONER SCHEDULE
LABEL.
UNIT
COMM
CAPAaT/
(11BH)
ELECTRICAL
DESM71ON
VDL75 PN
MCA
AC -1
f
11F�
120 1 ,
1 1s.$
1. MOVINCOOL OFEI;E PRO 1e AIN CONOITIONER WITH INTERNAL
CONDENSATE PUMP AND NOT AIR EIIENSION DUCT
pq
-
AREA 6FMpa(
SERVER ROOM
M1
II
r
4
KEY PLAN
AIR CONDITIONER SCHEDULE
LABEL.
UNIT
COMM
CAPAaT/
(11BH)
ELECTRICAL
DESM71ON
VDL75 PN
MCA
AC -1
AIR CONDITIONER
16.8
120 1 ,
1 1s.$
1. MOVINCOOL OFEI;E PRO 1e AIN CONOITIONER WITH INTERNAL
CONDENSATE PUMP AND NOT AIR EIIENSION DUCT
i
Rei nr sTir.c li'
PROVIDE 2D -AMP DUPLEX
RECEPTACUL (2)-F12 AND
(1)-/126 TO PANEL C
i,
ROUTE 1' PVC DRAIN, ROUTE
N CELIN6 SPACE, PITCH TO I �,
9L%UDM EVE AND
aSWARCE INTO ALUMINUMDOWISPOUT
61'
i
PROVIDE BROWN
FROM
SOM DORNSPADE
T DM SOFFIT W CRANE
AT ODRNF71 OF BUILDING.
EXTERIOR '..
SERVER ROOM PARTIAL FLOOR PLAN
SCALE- ,/r - T—Er
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