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PROJECT MANUAL

FOR

XXXXXXXXXXXXXXXXXXXX XXXXXXXXXX

SUFFOLK COUNTY COMMUNITY COLLEGEXXXXXXX CAMPUS

XXXXX, NEW YORK

XXXX 200X

Prepared by

Capital Projects/Facilities Department

Paul CooperExecutive Director of Facilities / Technical Support

451-4445

PROJECT MANUAL INDEX

SUFFOLK COUNTY COMMUNITY COLLEGE SELDEN, NY

LIST OF DRAWINGS ii

NOTICE TO BIDDERS 1

PROPOSAL FORM 1 - 11

SPECIAL INSTRUCTIONS 1

BIDDER’S CHECKLIST 1

INSTRUCTIONS TO BIDDERS 1 – 4

GENERAL CONDITIONS OF CONTRACT 1 – 27

SUPPLEMENTARY AND SPECIAL 1 – 5 CONDITIONS

i

PROJECT MANUAL INDEX

COUNTY OF SUFFOLK SUFFOLK COUNTY COMMUNITY COLLEGE SELDEN, NY

DRAWING NO. DRAWING TITLE

NOTICE TO BIDDERS


Suffolk County Community College is accepting bids from qualified contractors for the Project Name at the Campus, Location, NY. The following separate contracts shall be awarded for this project:

Contract No. 1– Equipment

Separate sealed bids shall be received until 4:00 p.m., on Day, Date, at the Office of Business and Financial Services, located at Suffolk County Community College, 533 College Road, Norman F. Lechtrecker (NFL) Building, Room 232, Selden, NY, 11784, at which time they will be publicly opened.

The Drawings, Specifications and Project Manual are available for viewing and/or purchase at the location, located at address. Call #### for additional directions. The deposit for the drawings, specifications and project manual is $100.00. Checks or money orders shall be made payable to ‘SUFFOLK COUNTY TREASURER OFFICE’. Cash will not be accepted. Deposits are refundable according to General Municipal Law. This project consists of all work contained in these documents. Failure to obtain drawings, specifications and a project manual will result in disqualification.

All technical questions must be submitted by Day, Date to Name, at Name of Company. Submissions should be in writing via e-mail at email or fax at number. Call Mr. Name at number for additional information.

Awards will be made to the lowest responsible bidders in conjunction with Local Law #5-1993, which establishes an optional ten percent (10%) local (Nassau/Suffolk) preference program.

Late bids will not be accepted. The College reserves the right to reject any and all bids.

1

mailto:[email protected]

PROJECT: PROJECT NAME CAMPUS, LOCATION, NY

FOR: Contract No. 1– Equipment

TO: Suffolk County Community College 533 College Road Selden, New York 11784

This document constitutes a proposal to do the work specified in the Contract Documents for this project. Should the Undersigned be a joint venture or other plural entity, the nouns, pronouns and verbs in the proposals that apply to the Undersigned shall be understood to be written in the plural sense.

In submitting this bid, the Undersigned declares that he is the only person interested in the bid, that it is made without any connections with any person making another bid for the same contract, that the bid is in all respects fair and without collusion, fraud, or mental reservation, and that no official of the College or the County, or any person in the employ of the College or the County, is directly or indirectly interested in the bid or in the supplies or work to which it relates or in any portion of the profits thereof.

The Undersigned also hereby declares that he has carefully examined the plans, specifications, and form of contract and that he has personally inspected the actual location of the work, together with the local sources of supply, is satisfied as to all the quantities and conditions, and understands that in signing this proposal, he waives all right to plead any misunderstanding regarding the same.

The Undersigned further declares that he has received and examined the following addenda:

Addendum No. ______________________ Dated ____________________Addendum No. ______________________ Dated ____________________Addendum No. ______________________ Dated ____________________Addendum No. ______________________ Dated ____________________Addendum No. ______________________ Dated ____________________Addendum No. ______________________ Dated ____________________

The Undersigned further understands and agrees that he is to furnish all labor, materials, equipment, supplies and other facilities and things necessary and required for the execution and completion of

Project Name – Contact No. 1 - Equipment

in strict accordance with the Contract Documents for the lump sum price of

_____________________________________________________________________________(Written in Words)

$___________________________________________________________which is the Base Bid. (Written in Figures)

BID SECURITY (ADD MINIMUM THRESHOLD)

Each Bidder shall deposit with its bid a Certified Check or Bid Bond in an amount not less than five percent (5%) of the Base Bid made payable to Suffolk County Treasurer, in the amount of:

___________________________________________________________ ($_______________)

and agrees such surety shall be the measure of liquidated damages should he default in delivery of agreement.

COMPLETION

It is intended that the work under this contract be substantially completed by date.

UNIT PRICES

The Contract shall include unit prices as herein stated. Should the amount of work required by the Contract Documents be increased or decreased, the Undersigned agrees the following unit prices shall be used as a basis for computing the cost to the Owner, or the credit due the Owner, as the case may be, for such increases or decreases in the work. Prices shall be on the basis for furnishing all labor, material, equipment and other related items necessary for the completion of work (in place). The quoted figures shall include the Undersigned's overhead and profit.

The College Vice President for Business and Financial Affairs or his designee hereby reserves the right to order any addition or deduction of materials on the basis of unit cost figures quoted.

ITEM UNIT ADD DEDUCT

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATIONS

1. Bidder's Certifications - A Bidder will not be eligible for award of a contract under this Invitation for Bids, unless such Bidder has submitted as a part of his bid the following certification, which will be deemed a part of the resulting contract:

BIDDER'S CERTIFICATION

_____________________________________________________certifies that: (Bidder)

a. He intends to use the following listed construction trades in the work under the contract ______________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________; and

b. As to those trades set forth in the preceding Paragraph One hereof, he will comply with the Nassau-Suffolk Plan on all construction work (both State and non-State) in the Nassau-Suffolk Counties area within the scope of coverage of that Plan.

c. He will obtain from each of his Subcontractors and submit to the College prior to the award of any subcontract under this contract, the Subcontractor Certification required by these Bid Conditions.

_______________________________________________________ (Signature of Authorized Representative of Bidder)

2. Subcontractors' Certifications - Prior to the award of any subcontract under this Invitation for Bids, regardless of tier, the prospective Subcontractor shall execute and submit to the Prime Contractor, the following certification, which will be deemed a part of the resulting subcontract:

SUBCONTRACTOR'S CERTIFICATION

________________________________________________________certifies that: (Subcontractor)

a. He intends to use the following listed construction trades in the work under the subcontract ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

b. As to those trades set forth in the preceding Paragraph One hereof, he will comply with the Nassau-Suffolk Plan.

In order to ensure that the Subcontractors' Certification becomes a part of all subcontracts under the prime contract, no subcontract shall be executed until an authorized representative of the College has determined, in writing, that the certification has been incorporated in such contract regardless of tier. Any subcontract executed without such written approval shall be void.

3. Materiality and Responsiveness - The Certifications required to be made by Bidder pursuant to these Bid Conditions is material, and will govern the Bidder's performance on the project and will be made a part of his bid. Failure to submit the Certification will render the bid non-responsive.

NONCOLLUSIVE BIDDING CERTIFICATION

By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, under penalty of perjury, that to the best of his knowledge and belief:

The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

Unless otherwise required by law, the prices which have been quoted in the bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and

No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

Dated _________________________, 20_____

(Corporate Seal) ______________________________________________ Legal name of person, firm or corp.

By: __________________________________________

The P.O. Address of the Bidder is:______________________________________Street

______________________________________City and State

On acceptance of this proposal for the work the Undersigned hereby binds himself or themselves to enter into written contract with the College, and to comply in all respects with the provisions set forth in "Instructions to Bidders" and "General Conditions of Contract," in relation to security for the faithful performance of the terms of the contract.

____________________________________________________________________________Legal Name of Individual, Firm or Corporation

____________________________________________________________________________Address of Individual, Firm or Corporation

If an Individual __________________________________ _________________________ ___________ Print or Type Name Signature Date

If a Firm _________________________________ _________________________ ___________ Print or Type Name Signature Date _________________________________ _________________________ ___________ Print or Type Name Signature Date_________________________________ _________________________ ___________ Print or Type Name Signature Date

If a Corporation President:_________________________ _________________________ ___________ Print or Type Name Signature DateSecretary:_________________________ _________________________ ___________ Print or Type Name Signature

DateTreasurer:_________________________ _________________________ ___________ Print or Type Name Signature DateCORPORATION SEAL:

Suffolk County Form 22Contractor’s/Vendor’s Public Disclosure Statement

Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public.

1. Contractor’s/Vendor’s Name_______________________________________________

Address_______________________________________________________________

City and State________________________________________Zip Code___________

2. Contracting Department’s Name____________________________________________

Address_______________________________________________________________

3. Payee Identification or Social Security No.____________________________________

4. Type of Business__Corporation__Partnership__Sole Proprietorship__Other

5.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of $1,000__Yes__No.

5.b Has contractor/vendor entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,000__Yes__No.

6. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.)____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary).__________________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________

8. Does contractor/vendor derive 50% or more of its total revenue from its contractual or vendor relationship with Suffolk County?___Yes___No.

9. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.)

10. The undersigned shall include this Contractor’s/Vendor’s Public Disclosure Statement with the contract (describe general nature of the contract)_________________________________________________________________________________________________________

11. Remedies. The failure to file a verified public disclosure statement as required under local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract.

12. If you are one of the entities listed below at a) through c) or you qualify under d) below, you are exempt from completing paragraphs numbered 1 through 11 herein:

____ a) Hospital____ b) Educational or governmental entities____ c) Not-for-profit corporations____ d) Contracts providing for foster care, family day-care providers or child protective services

Please check to the left side of the appropriate exemption.

13. Verification. This section must be signed by an officer or principal of the contractor/vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to his/her own knowledge, true.

Dated:___________ Signed:_______________________________________________Printed Name of Signer: _______________________________________________Title of Signer: _______________________________________________Name of Contractor/Vendor: _______________________________________________

UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State)

STATE OF NEW YORK )COUNT OF ) ss.:

On the _____ day of ______________ in the year 20__, before me, the undersigned, personally appeared ________________________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

_______________________________________________(Signature and office of individual taking acknowledgment)

UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Without New York State)

STATE OF )) ss.:

COUNTY OF )

On the _____ day of ______________ in the year 20__, before me, the undersigned, personally appeared ________________________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual(s) made such appearance before the undersigned in __________________________________________________________________________.(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken)

_______________________________________________(Signature and office of individual taking acknowledgment)

Form SCEX-22 Contractor’s/Vendor’s Public Disclosure Statement Form (Rev. 3/04)

SPECIAL INSTRUCTION


1. The Bidders shall include with their bids a complete schedule of values inclusive of all equipment.

BIDDER’S CHECKLIST


All bid packages must include all the required submissions, forms and certifications specified in this Project Manual, in particular those items and activities outlined in the ‘Notice to Bidders’, ‘Proposal Form’, ‘Special Instructions’ and “Instructions to Bidders’. This includes the following:

1. Review of the Project Manual and Contract Drawings2. Declaration of addendum received3. Lump sum base bid4. Bid security(if required)5. Unit prices (if required)6. Equal Employee Opportunity Certifications7. Noncollusive Bidding Certification8. Agreement to enter into contract9. Public Disclosure Statement10. Special Instructions11. Schedule of values

Bids that do not contain the required submissions may be considered informal bids.

INSTRUCTIONS TO BIDDERS


1. GENERAL

a. All of the Contract Documents relating to the work included under this Contract, with the exception of the Drawings and Addenda (if any) to such documents, are contained in the Project Manual and Technical Specifications.

b. The "drawings" referred to in the Project Manual or Technical Specifications form are part of this Contract, and are available separately.

c. The Bidder shall examine all of the documents relating to all trades involved and

submit one bid which includes all work shown and/or specified under the contract. All of these documents may be examined at the location specified in the ‘Notice to Bidders’.

2. PROPOSALS

a. Proposals must be submitted in sealed envelopes, and in the form as attached hereto, with all blanks appropriately filled in.

b. All bid prices shall be filled in, in ink, in both words and figures. Signatures shall be in ink and in longhand. Proposals which are incomplete, conditional or obscure may be rejected as informal.

c. No oral or telephone proposals or modifications of proposals will be considered. The Bidder shall base his bid (proposal) on furnishing all items exactly as shown and/or specified.

d. Proposal forms are included in this project manual.

e. Public Disclosure Statement shall be submitted with the proposal.

3. AWARD

a. The award of contract and alternates will be made as soon after the opening of bids as practicable. The Vice President for Business and Financial Affairs may consider informal any bids not prepared and submitted in accordance with the provisions hereof, and hereby reserves the right to waive any informalities in or to reject any or all bids, or to accept any bid which in his opinion will be in the best public interest.

4. BID SECURITY (ADD MINIMUM THRESHOLDS FOR SECURITY & BONDS)



a. Each bid must be accompanied by the Certified Check of the Bidder or by a Bid Bond duly executed by the Bidder as principal and having as surety thereon a Surety Company licensed to do business in the State of New York, subject to the approval of the County of Suffolk and U.S. Treasury Department rated, and in the amount specified in the ‘Proposal Form’, made payable to the Suffolk County Treasurer. Upon award of the Contract, the successful bidder will be required to furnish Performance and Payment Bonds within 2 weeks. Failure to do this may result in forfeiture of bidder’s security to the College as liquidated damages.

b. Upon request, the Bid Bonds and Certified Checks of all except the two lowest formal bidders will be returned within one business week after the opening of bids and the remaining Bid Bonds or Certified Checks of the two lowest formal bidders will be returned when the contract is executed, or in any event within 45 days after the opening of bids. If either of the two lowest bidders has submitted a Certified Check, a Bid Bond may be substituted within 24 hours.

c. The successful Bidder shall provide: a Payment Bond (Labor and Materials Bond) and Performance Bond for the full amount of the contract price, guaranteeing the full payment for all labor, materials, and equipment and the full payment of all subcontractors. American Institute of Architects (AIA) bond forms are preferred.

d. The premium on these bonds shall be paid by the Contractor.

5. REVIEW OF CONTRACT DOCUMENTS

a. The Bidder shall carefully examine all drawings and specifications of all branches of trades, for the purpose of thoroughly acquainting himself with the exact nature and extent of the work included under each heading and Contract. The failure of, or omission of, any Bidder to receive or examine any drawings, forms, instructions or documents shall in no way relieve such Bidder from any obligations in respect to his bid.

b. Discrepancies between any drawings and/or specifications and the parts thereof, any omissions of detail, materials and/or appurtenances normally required or items that are open to possible variations to interpretation shall be referred to the Engineer for clarification before submitting a bid.

6. ADDENDA AND INTERPRETATION

a. No oral interpretation of the drawings, specifications or other Contract Documents will be given to any Bidder. Every request for such interpretation shall be addressed in writing to the contact specified in the ‘Notice to Bidders’ and must be



received at least five business days prior to the date set for the opening of the bids.

b. All such interpretations and supplemental instructions will be in the form of written addenda to the specifications and drawings which, if issued, will be sent to each Bidder not later than three days prior to the date set for the opening of the bids. Failure to receive any such addenda shall not relieve any Bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the Contract Documents.

7. TIME OF COMPLETION

a. Time is of the essence for this Contract. The contractor shall commence work on the contract within five business days of receipt of the College’s Letter of Intent. It is intended that the work under the Contract be substantially complete by the completion date set forth in the ‘Proposal Form’ of the Project Manual.

b. On demand of the Vice President for Business and Financial Affairs, the contractor shall furnish proof of the disposition and status of materials ordered and/or required for the subject project.

8. GOVERNING LAWS

a. The Bidder is cautioned that work under this Contract is governed by specific provisions of the Labor Law and the General Municipal Law of the State of New York. While certain of these specific provisions are quoted in the General Conditions of the Contract, no representation is made that all applicable provisions of law are so quoted.

9. NONCOLLUSIVE BIDDING

a. In accordance with Section 103-d of the General Municipal Law, ALL BIDDERS shall be required to execute and submit a noncollusive bidding certification, which shall be attached to the bid. For your convenience, a noncollusive bidding certification has been attached to the ‘Proposal Form’.

10. ALTERNATES, UNIT PRICES & ALLOWANCES

a. The attention of all Bidders is directed to the unit prices requested and the alternate bids specified under the Alternates Section of the ‘Proposal Form’ and ‘Technical Specifications’. The Contractors are further cautioned to include all allowances in their base bid.

11. PUBLIC DISCLOSURE



a. In accordance with Suffolk County Administrative Code Section A5-7, the successful bidder shall be required to execute and submit a public disclosure statement prior to being awarded the contract.

12. GRATUITY LAW

a. The successful bidder must represent and warrant that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of the Contract has read and is familiar with the provisions of Local Law No, 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code).

13. ADDITIONAL SUBMISSIONS (ADD MINIMUM THRESHOLD)

a. A Payment Bond and a Performance Bond must be submitted by the successful bidder. The Payment Bond and Performance Bond shall be in a form acceptable to the College. A progress schedule and schedule of values must be included in all bids.

GENERAL CONDITIONS


INDEX TO GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS2. CONTRACT DOCUMENTS3. DRAWINGS AND INSTRUCTIONS4. SCHEDULES5. SHOP DRAWINGS6. SEPARATE CONTRACTS7. ACCIDENT PREVENTION8. CONTRACTOR'S TITLE TO MATERIALS9. MATERIALS AND WORKMANSHIP10. ASSIGNMENTS AND SUBLETTING11. CHANGES IN THE WORK12. EXTRAS13. PATENTS14. INSPECTION15. PAYMENTS BY THE CONTRACTOR16. PAYMENTS TO THE CONTRACTOR17. SUB-CONTRACTS18. LAWS, PERMITS AND REGULATIONS19. OWNER'S RIGHT TO TERMINATE CONTRACT20. CONTRACT SECURITY21. OWNER'S INSURANCE22. INDEMNIFICATION23. GUARANTEE OF WORK24. TIME OF COMPLETION25. LIQUIDATED DAMAGES26. SUBSTITUTIONS27. LIABILITY OF THE OWNER28. DISCRIMINATION IN EMPLOYMENT29. PREFERENCE IN EMPLOYMENT30. PROVISIONS OF LAW31. UNIT PRICES32. TAXES33. LIENS34. EQUAL EMPLOYMENT OPPORTUNITY35. PUBLIC DISCLOSURE36. WORKING HOURS, HOLIDAYS AND OVERTIME

GENERAL CONDITIONS


DEFINITIONS

Whenever the following words or expressions are used in these specifications or accompanying documents, it is understood that they have the meaning defined below:

ADMINISTRATIVE DIRECTOR OF EDUCATIONAL FACILITIES: The person holding the appointment for that position at Suffolk County Community College, who shall act for the Executive Director of Facilities/Technical Support as his authorized expert representative. His official instructions, approvals or disapprovals of the work shall be received and acted upon as if they had been received from the Executive Director of Facilities/Technical Support personally.

APPROVED OR APPROVAL: Written acceptance: where this term is used, it shall be understood that reference is made to the ruling or judgment of the Engineer or Architect.

ARCHITECT: The Architect listed for the project under contract to Suffolk County Community College, or the Executive Director of Facilities/Technical Support or the Administrative Director of Educational Facilities.

COLLEGE: Suffolk County Community College, Selden, New York

CONTRACT AGREEMENT: The agreement covering the performance of the work and the furnishing of labor and materials in the construction of the work.

CONTRACT DOCUMENTS: The advertisement of proposals; the Contractor's proposal; the Agreement; the Project Manual; the Specifications; the plans or drawings; any addenda to specifications and all provisions required by law to be inserted in the Contract whether actually inserted or not.

CONTRACT TIME: The Contract Time is the period of time allotted in the Contract Documents for completion of the work.

CONTRACTOR: The person, firm or corporation named as such in the Agreement including the plural number and the masculine gender when such are named in the Agreement as the Contractor. Only one firm is recognized as a party to this Contract.

COUNTY: Suffolk County, New York, represented by Suffolk County Community College through the Vice President for Business and Financial Affairs.

ENGINEER: The Engineer listed for the project under contract to Suffolk County Community College, or the Executive Director of Facilities/technical Support or the Administrative Director of Educational Facilities.

EXECUTIVE DIRECTOR OF FACILITIES/TECHNICAL SUPPORT: The person holding the appointment for that position at Suffolk County Community

GENERAL CONDITIONS


College, who shall act for the Vice President for Business and Financial Affairs as his authorized expert representative. His official instructions, approvals or disapprovals of the work shall be received and acted upon as if they had been received from the Vice President for Business and Financial Affairs personally.

FINAL ESTIMATE OR PAYMENT: Final payment to Contractor for work performed under the contract and made as set forth in Contract Documents.

LABORATORY: The Suffolk County Department of Public Works testing laboratory or an independent laboratory especially designated by the Vice President for Business and Financial Affairs or his designee for testing the materials to be used under the Contract.

MATERIAL: Any approved material acceptable to the Vice President for Business and Financial Affairs or his designee and conforming to the requirements of the specifications.

NOTICE: All written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with the contract requirements. Any written notice by either party to the Contract shall be sufficiently given if delivered to or at the last known business address of the person, firm or corporation constituting the other party to the Contract, or to his, their or its authorized agent, representative or officer, or when enclosed in a postage prepaid envelope addressed to such last known business address and deposited in a United States mail box.

OR EQUAL: A term intended to open the Specifications to permit substitution by the Contractor of any competitive product which is acceptable to the Engineer or Architect in quality, properties, functions and/or cost.

OWNER: Suffolk County Community College, under the sponsorship of the County of Suffolk, State of New York.

PARTIAL OR MONTHLY ESTIMATES: Payments to the Contractor for work satisfactorily performed, made as set forth in the Contract Documents.

PLANS OR DRAWINGS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith and enumerated in the Schedule of Drawings.

PROJECT: The Construction work to be performed under one or more construction contracts to complete the undertaking contemplated in these Documents.

PROJECT MANUAL: The manual for the project including the bidding requirements, conditions of the contract, and the technical specifications.

PROPOSAL: The offer of the bidder for the work, when executed and submitted on the prescribed form.

GENERAL CONDITIONS


RESIDENT ENGINEER (OR CLERK OF THE WORKS): The Engineer or (Inspector) representing Suffolk County Community College having direct observation of the execution of the Contract under the direction of the Vice President for Business and Financial Affairs, Executive Director of Facilities/Technical Support or Administrative Director of Educational Facilities.

SAMPLES: Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship and to establish standards by which the work will be judged.

SHOP DRAWINGS: Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the work.

SITE: The specific area adjacent to and including the area upon which construction work is to be performed. Generally, such area may be considered as defined by the contract limits or property made available to the Contractor for construction operations.

SPECIFICATIONS: The body of directions, requirements, etc., contained in this present volume or under separate cover, together with all documents of any descriptions and agreements made (or to be made), pertaining to the methods or manner of performing the work or to the quantities and quality as shown by test records of accepted materials to be furnished under this contract.

STATE: State of New York

SUBCONTRACTOR: Any person, firm or corporation having a direct contract or agreement with the Contractor to furnish material worked to a special design, or to install material, or to perform any part of the Contractor's work for the Contractor. A person, firm or corporation who merely furnished material not worked to a special design, or an employee of the Contractor, is not a Subcontractor.

SUBSTANTIAL COMPLETION: Completion of the work to such an extent that the project may be occupied and used completely and without inconvenience, but not necessarily without the necessity for minor adjustments, to final completion in strict accordance with the plans and specifications. The date of substantial completion of a project or specified project is the date when construction is substantially complete.

TON: Short ton of 2,000 pounds.

VICE PRESIDENT FOR BUSINESS AND FINANCIAL AFFAIRS: The person holding the appointment for that position at Suffolk County Community College, who shall act for the President and Board of Trustees in all aspects of the work.

GENERAL CONDITIONS


WORK: The term Work includes all labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction.

The use of the words "Furnish", "Supply", "Install", "Provide", or "Provided" in connection with any item specified means, unless otherwise noted, that such item or items shall be furnished and installed, and connected where so required unless specifically stated otherwise.

Words in the singular shall include the plural wherever the context so indicates.

GENERAL CONDITIONS


AASHO: American Association of State Highway Officials

ACI: American Concrete Institute

AIA: American Institute of Architects

AIEE: American Institute of Electrical Engineers

AISC: American Institute of Steel Construction

AITC: American Institute of Timber Construction

ASA: American Standards Association

ASCE: American Society of Civil Engineers

ASHRAE: American Society of Heating, Refrigeration and A/C Engineers

ASME: American Society of Mechanical Engineers

ASTM: American Society for Testing and Materials

AWG: American Wire Gauge

AWSC: American Welding Society Code

BIFMA: Business and Institutional Furniture Manufacturer’s Association

DFPA: Douglas Fire Plywood Association

FS: Federal Specifications

LIPA: Long Island Power Authority

NBFU: National Board of Fire Underwriters

NEC: National Electric Code

NEMA: National Electrical Manufacturers Association

NFPA: National Fire Protection Association

NLMA: National Lumber Manufacturers Association

NTMA: National Terrazzo and Mosaic Association

UL: Underwriter's Laboratories, Inc.

GENERAL CONDITIONS


Any material specified by reference to number, symbol or title of specific standard, such as ASTM, Commercial Standard, Federal Specifications, Trade Association Standard, or other similar standard, shall comply with requirements in latest revision thereof and any amendment or supplement thereto in effect on date of Notice to Bidders, except as limited to type, class or grade, or modified in such reference.

2. CONTRACT DOCUMENTS

a. The Contract Documents shall be signed by the owner and Contractor in as many original counterparts as may be mutually agreed upon.

b. The Contract Documents are complementary and anything called for by one of the Contract Documents and not called for by the others shall be of like effect as if required or called for by all.

c. The intention of the documents is to provide for work complete in every detail even though every item necessarily involved is not particularly mentioned. The Contractor shall be held to provide all labor, material, equipment and transportation necessary for the entire completion of the work intended to be described, and shall not avail himself of any unintentional error or omission should such exist.

d. Use dimensions of Drawings as shown. Do not measure by scale. Full size details have preference over scale details, and large scale details have preference over small.

e. Where discrepancies exist between Drawings and Specifications, or necessary measurements are missing, or work specified or shown on Drawings is obviously incorrect or impossible to execute, or figures fail to check, the Contractor shall call these facts to the attention of the Engineer or Architect. In case of ambiguity or discrepancy the Engineer's or Architect’s decision as to the intention of the Documents shall be final, and no work shall start until all of these ambiguities or discrepancies have been interpreted.

3. DRAWINGS AND INSTRUCTIONS

a. The Owner will furnish to the Contractor as many copies of the general drawings, specifications, detail drawings and addenda to the above as are

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normally required for the performance of the work. The Contractor is to state his requirements in writing to the Vice President for Business and Financial Affairs or his designee. All prints and specifications issued to the Contractor shall remain the property of the Owner and shall be returned to him upon completion of the project.

b. The general character and scope of the work are illustrated by the drawings and/or listed in the specifications. Any additional detail or other information deemed necessary by the Engineer or Architect will be furnished to the Contractor when and as required by the work.

c. Where the word "typical" or "similar" appear on the drawings, it shall be interpreted in its general sense and not as meaning "identical" and all details shall be worked out in relation to their location and their connection with other parts of the work.

4. SCHEDULES

a. Schedule of Values : The Contractor’s bid shall include a Schedule of Values which total the amount of the Contract and submit it to the Vice President for Business and Financial Affairs or his designee for approval. The Contractor shall make such revisions as may be required to make this schedule conform to the true value of the work as jointly agreed upon by the Engineer and the Contractor. The Contractor's initial submission shall be broken down into material and labor.

b. Shop Drawing Schedule : If requested by the Engineer or Architect, the Contractor shall submit a Shop Drawing Schedule fixing the dates for the submission of shop drawings for the beginning of manufacturing and installation of materials and for the completion of the various parts of the work. This schedule shall be coordinated with the progress schedule.

5. SHOP DRAWINGS (INSERT SECTION FROM FIRST BID)

a. The Contractor shall submit for approval of the Engineer or Architect, all shop drawings called for under the Contract or requested by the Engineer or Architect or required for the performance of the work, and no work shall be fabricated by the Contractor, save at his own risk, until such approval has been given. The shop drawings and/or schedules shall be submitted sufficiently in advance of construction requirements to allow ample time for

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checking, correcting, resubmitting and rechecking.

b. Shop drawings and samples shall be dated and contain the project name, description or name of equipment, materials and items and complete identification of locations at which materials and equipment are to be installed.

c. Submission of shop drawings and samples shall be accompanied by transmittal letter in duplicate containing project name, Contractor's name, number of drawings and complete description.

d. Shop drawings shall establish the actual detail of the work; indicate proper relation to adjoining work; amplify design details of mechanical and electrical equipment in proper relation to physical spaces in the structure; and incorporate minor changes of design or construction to suit actual conditions.

e. All shop drawings and samples shall be thoroughly checked by the Contractor for compliance with the Contract Documents before submitting them to the Engineer or Architect for approval and all shop drawings shall bear the Contractor's stamp of approval certifying that they have so been checked. Any shop drawings submitted without this stamp of approval and certification, and shop drawings which, in the Engineer's or Architect’s opinion, are incomplete, contain numerous errors or have not been checked or only checked superficially, will be returned unchecked by the Engineer or Architect for resubmission by the Contractor. In checking shop drawings, the Contractor shall verify all dimensions and field conditions and shall check and coordinate the shop drawings of any section or trade with the requirements of all other sections or trades whose work is related thereto, as required for proper and complete installation of the work.

f. Refer to the Technical Specifications, pg.##, Section #####, for the number of copies to be submitted and additional approval processes for shop drawings. Shop Drawings will be stamped by the Engineer, as follows:

APPROVED: This notation will be checked for submissions without any corrections.

APPROVED WITH CHANGES: This notation will be checked for 9

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submissions when corrections or additional notations are required for fabrication and installation.

REVISE AND RESUBMIT: This notation will be checked for submissions when corrections or additional notations are required for fabrication and installation. Resubmission is required.

REJECTED: This notation will be checked for submissions that are unacceptable to the Engineer. Resubmission is required.

SUBMIT SPECIFIED ITEM: This notation will be checked for submissions that are unacceptable to the Engineer or Architect. Submit specified items only.

g. If the Contractor should alter any information on previously submitted shop drawings other than the notations called for by the Engineer or Architect, he must circle this new information to bring it to the Engineer's or Architect’s attention.

h. In submitting shop drawings for approval, all associated drawings related to a complete assembly shall be submitted at the same time so that each may be checked in relation to the entire proposed assembly.

i. The approval of shop or setting drawings shall not be construed: As permitting any departure from the Contract requirements. As relieving the Contractor of the responsibility for any error in details,

dimensions or otherwise that may exist As approving departures from additional details or written instructions

previously furnished by the Vice President for Business and Financial Affairs.

j. Prefabricated Items : Refer to the Technical Specifications, pg.##, Section #####.

6. SEPARATE CONTRACTS

a. The Owner reserves the right to let other contracts in connection with the project, the work under which will proceed simultaneously with the execution of this Contract. The Contractor shall afford other separate contractors reasonable opportunity for the introduction and storage of their

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materials and the execution of their work and the Contractor shall take all reasonable action to coordinate his work with theirs. If the Contractor should discover that the work performed by the separate contractor is defective or so performed as to prevent the Contractor from carrying out his work according to the plans and specifications, the Contractor shall immediately notify the Engineer or Architect.

7. ACCIDENT PREVENTION

a. The safety provisions of applicable laws, building construction codes and "Federal Safety Standards of the Occupational Safety and Health Administration Rules and Regulations" shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the latest edition of the manual of accident prevention in construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law.

8. CONTRACTOR'S TITLE TO MATERIALS

a. No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies for which he accepts partial payment.

9. MATERIALS AND WORKMANSHIP

a. Unless otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new.

b. All work or material which may be rejected by the Owner or its representative shall be at once removed from the site of the work by the Contractor at his own expense, and replaced by work or material satisfactory to the Owner.

10. ASSIGNMENTS AND SUBLETTING

a. The Contractor shall perform at least 50% of the original total contract price. The Contractor, unless first approved in writing by the Owner, is not

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to assign, transfer or sublet any portion of the contract to any other person or in any way to abridge the terms of the contract documents but must keep it in his name and contract until completed and accepted by the Engineer or Architect and the Owner. The Contractor shall, likewise, not assign any of the money payable under the contract, unless first approved in writing by the Owner.

b. Approval by the Owner of the subletting of any part of the work shall not under any circumstances relieve the Contractor or his Surety of any liabilities or obligations under the terms of the contract documents nor shall it create any contractual relations between any subcontractor and the Owner.

c. Should any subcontractor violate any of the terms of these specifications, the Owner may, at its option, require the Contractor to end and terminate such subcontract.

d. In the event approval is given for the subletting of part or all of the project, the agreement between the subcontractor and the general contractor will be subject to examination by the Engineer or Architect and the approval of the Owner. Copies of all subcontracts shall be filed with the Owner.

11. CHANGES IN THE WORK

a. The Owner may at any time, by written order, and without notice to the sureties, make changes in the drawings and specifications of this Contract and within the general scope thereof except that no changes will be made which will increase the total contract price to an amount more than 20% in excess of the original contract price without notice to sureties. In making any change, the charge or credit for the change shall be determined by one of the following methods as selected by the owner:

1. By order stipulating the mutually-agreed price, which shall be added or deducted from the contract price. If the price change is an addition to the contract price, it shall include the Contractor's overhead and profit. If the price change is a reduction to the contract price (i.e. a deduct change order), the Contractor is not allowed to withhold his overhead and profit. If a line item or several line items are eliminated from the Contractor’s approved schedule of values, the Owner shall be credited the full amount of each line item as it appears on the approved

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schedule of values.

2. By estimating the number of unit quantities of each part of the work which it changes and then multiplying the estimated number of such unit quantities by the applicable unit price (if any) set forth in the Contract or other mutually agreed unit price.

3. By ordering the Contractor to proceed with the work and to keep and present in such a form as the Owner may direct a correct amount of the cost of the change together with all vouchers therefore. The cost shall include the Contractor's overhead and profit.

b. The Contractor shall upon request of the Vice President for Business and Financial Affairs or his designee, furnish an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered.

c. The amount allowed for overhead and profit shall not exceed the applicable percentages as established in the following paragraphs:

1. If the work is done directly by the Contractor, overhead in an amount of 10% may be added if method ‘a (1)’ , or ‘a (3)’ is used, and to the cost of the labor and materials plus overhead there may be added 10% for profit. The percentages for overhead and profit may vary according to the nature, extent and complexity of the work involved but in no case shall exceed the percentages set forth in this paragraph and in paragraph ‘c (2)’. No percentages for overhead and profit will be allowed on payroll taxes or on the premium portion of overtime pay.

2. If the work is done by a subcontractor, there may be added 10% to the subcontractor's price for the Contractor's combined overhead and profit.

3. Overhead shall be defined as an allowance to compensate for all costs, charges and expenses, direct or indirect, except for the actual cost of labor and material as defined by paragraph ‘c (4)’. Overhead shall be considered to include, but not be limited to, insurance (other than as mentioned in paragraph “c (4)’, bond or bonds, field and office supervisors and assistants above the level of foreman, use of small tools and minor equipment, incidental job burdens, general office expense, etc.

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4. Actual cost of labor and material shall be defined as the amount paid for the following items, to the extent determined reasonable and necessary:

Item (a) - Cost of materials delivered to the job site for incorporation into the contract work.

Item (b) - Wages paid to workmen and foremen and wage supplements paid to labor organizations in accordance with current labor agreements.

Item (c) - Premiums or taxes paid by the Contractor for workmen's compensation insurance, unemployment insurance, FICA tax and other payroll taxes as required by law, net of actual and anticipated refunds and rebates.

Item (d) - Sales taxes paid as required by law.

Item (e) - Allowance for use of construction equipment (exclusive of hand tools and minor equipment), as approved for use by the Engineer or Architect-in-charge. The rate on self-owned equipment used for periods of under one week will be the equipment distributor's published monthly rate divided by 22 days to establish a daily rate and divided again by eight hours to establish an hourly rate.

5. For equipment use, the Engineer or Architect-in-charge may approve for reimbursement a rate representing the allocable costs of ownership. Self-owned equipment is defined to include equipment rented from controlled or affiliated companies. Rented equipment will be paid for at the actual rental cost. When, in the opinion of the Contractor, and as approved by the Engineer or Architect-in-charge, suitable equipment that is not available on the site will be paid for at actual cost.

6. Regardless of the method used to determine the value of any change, the Contractor will be required to submit evidence satisfactory to the Engineer or Architect to substantiate each and every item that constitutes his proposal of the value of the change.

12. EXTRAS 14

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a. If the Contractor claims that any instruction, by drawings or otherwise, involved extra work not covered by the Contract, he shall give the Engineer or Architect written notice thereof ten (10) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property. If it is later determined that the work involved in such instructions should be recognized as an extra, the amount of the additional compensation to be paid therefore shall be determined by such one of the three methods provided in paragraph 17 for Changes in the Work as may be selected by the Owner. Except as otherwise specifically provided, no claims for extra work shall be allowed unless the notice specified by this section is given by the Contractor or unless such work is performed pursuant to the written order of the Owner as provided in paragraph 17.

13. PATENTS

a. The Contractor shall hold and save the Owner, its officers, agents and employees harmless from any loss or liability for or on account of process, article or appliance manufactured or used in the performance of the Contract, including its use by the Owner, unless such invention, process article or appliance is specifically named in the specifications or drawings as acceptable for use in carrying out the work. If before using such invention, process, article or appliance, the Contractor has information that is covered by patent letters making it necessary to secure the permission of the patentee, or other, for its use, he shall so advise the Owner who may direct that some other invention, process, article or appliance be used.

14. INSPECTION

a. All material and workmanship, if not otherwise designated by the specifications, shall be subject to inspection, examination and test by Suffolk County Community College at any and all times during manufacture or construction. The representative of the College shall have the right to reject defective material and workmanship or require its correction. Rejected workmanship shall be satisfactorily corrected and rejected material shall be satisfactorily replaced with proper material without charge. Therefore the Contractor shall promptly segregate and remove the rejected material from the premises. If the Contractor fails to proceed at once with replacement of rejected material or correction of defective

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workmanship, the Owner may, by contract or otherwise, replace such material or correct such workmanship and charge the cost to the Contractor.

b. The Contractor shall furnish promptly without additional charge all reasonable facilities, labor and materials necessary and convenient for making such tests as may be designated in the specifications.

c. If any work should be covered contrary to the request of the Engineer or Architect, it must, if required by the Engineer or Architect, be uncovered for his observation and replaced, at the Contractor's expense.

d. Should it be considered necessary or advisable by the Engineer or Architect at any time before final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall on request promptly furnish all necessary facilities, labor and material. If such work is found to be defective in any respect, by fault of the Contractor, or his agent, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement shall be allowed the Contractor and he shall, in addition, if completion of the work has been delayed thereby, be granted a suitable extension of time on account of the additional work involved.

e. Should it be necessary for the Clerk of the Works to stop the work for any deviation in the Contract Documents, the Contractor shall do so immediately and such work stoppage shall continue until the matter in question is settled to the satisfaction of the Owner.

15. PAYMENTS BY THE CONTRACTOR

a. Except in cases of bona fide disputes the Contractor shall pay for the following:

1. All transportation and utility services; not later than the end of the calendar month following that in which the services are rendered.

2. All material, tools, and other expendable equipment to the extent of 90% of the cost thereof; not later than the end of the calendar month

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following that in which such materials, tools and equipment are delivered at the site of the project.

3. To each of his subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor or as is stated in Section 27(e) of these General Conditions, which ever is sooner, the representative amount allowed the Contractor on account of the work performed by his subcontractors, to the extent of each subcontractor's interest therein.

16. PAYMENTS TO CONTRACTOR (MODIFY AS NEEDED)

a. Unless otherwise provided in the specification, the Owner will make partial monthly payments to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month as approved by the College. In preparing estimates, the material delivered on the site and preparatory work done shall be taken into consideration. Application for payment shall be made by the Contractor in triplicate.

b. The Owner shall pay partial payments, less an amount necessary to satisfy any outstanding claims, liens or judgments, and less retained amount of not more than five percent (5%) of the payment requested.

c. The Owner shall pay upon requisition for materials delivered to the site or off-site and suitably stored and secured as required by the Owner. However, the Owner may limit such payment to materials in short and/or critical supply and materials specifically fabricated for the project as defined in the contract. The following list of requirements shall be fulfilled prior to reviewing a request for payment for stored off site materials:

1. State name and address of storage site.

2. Provide a written statement that the stored items are for the exclusive use on a specific project, including full title of the project and the appropriate capital fund number.

3. Provide a copy of an invoice for stored items. Invoice must include description of each item, quantity of materials, serial number(s) when available, and purchase value.

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4. Provide a certificate of insurance for fire, theft and vandalism with the College and County named as insured parties and certificate holders.

5. Provide a statement that the items are available for inspection by the College.

6. Provide a statement as to method of storage of materials to ensure their security and their protection from adverse elements or environments.

d. When work contemplated by the terms of the contract is substantially complete, the Contractor shall submit a requisition for the "contract balance." The Owner shall pay the remaining amount less retainage and an amount necessary to satisfy any outstanding claims, liens or judgments against the Contractor. As remaining items of work are satisfactorily completed or corrected, the Owner shall pay upon requisition for these items.

e. Within fifteen (15) calendar days of the receipt of a payment from the Owner, the Contractor shall pay each of his Subcontractors and material men for work performed and/or materials furnished by them as reflected in the payment from the Owner, less an amount necessary to satisfy any outstanding claims, liens or judgments and less a retained amount of not more than five percent (5%), except that the Contractor may retain not more than ten percent (10%), provided that prior to entering into a subcontract with the Contractor, the Subcontractor is unable or unwilling to provide a performance bond and labor and material bond in the full amount of the subcontract at the request of the Contractor.

f. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the Owner to require the fulfillment of all the terms of the Contract.

g. So long as any lawful or proper directive concerning the work or material by the Vice President for Business and Financial Affairs, or by his representative, shall remain uncomplied with, the Contractor shall not be entitled to have any estimate made for the purpose of the payment, nor

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shall any estimate be rendered on account of work done or material furnished until such lawful or proper directive has been fully and satisfactorily complied with.

h. The Owner may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in the Owner’s opinion the Contractor is unable to make representations to the Owner as to progress and quality of the work. The Engineer or Architect may also decline to approve any Application for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of:

(1) defective work not remedied, (2) claims filed or reasonable evidence indicating probable filing of claims, (3) failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment, (4) reasonable doubt that the work can be completed for the unpaid balance of the Contract Sum, (5) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) insufficient support documentation, including certified payroll, and/or errors in the payment request, or (8) payment requests that violate these General Conditions or any other contract documents or any Federal, State or local law.

i. Final Payment : On completion of the work under his Contract, the Contractor shall notify the Vice President for Business and Financial Affairs or his designee in writing and the Engineer or Architect in writing that the work is complete and ready for final inspection; the Vice President for Business and Financial Affairs shall thereupon make or cause to be made by his representative, a final inspection of the work. If the work is accepted by the Vice President for Business and Financial Affairs as a result of such inspection, he shall thereupon notify the Contractor of such acceptance by letter, and copies of such acceptance shall be sent to other interested parties; and he shall thereafter authorize payment by the College to the Contractor of all monies due, including the retained percentage, for the work done. All prior estimates and payments including those relating to extra work, shall be subject to correction by this payment, which is throughout this Contract called Final Payment.

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j. Close-Out Documentation : Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Engineer or Architect all required close-out documents specified herein and in all other contract documents and specifications. Required close-out documents shall included but not be limited to:

1. Operation and Maintenance Manuals.2. All required guarantees and warranties for work and equipment.3. Releases of Liens from all subcontractors and suppliers (AIA Document

G706A).4. Contractor’s Affidavit of Payment of Debts and Claims (AIA Document

G706).5. Contractor’s Affidavit of Release of Liens (AIA Document G706A).6. Consent of Surety to Final Payment (AIA Document G707).7. Completion of Training agreement executed by the Contractor and the

College. (ADD TRAINING REQUIREMENTS TO TECHNICAL SPECS)

k. If any subcontractor refuses to furnish any release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys including all costs and reasonable attorneys' fees.

l. Acceptance of Final Payment Constitutes Release : The acceptance by the Contractor of the Final Payment shall be and operate as a release to the Owner of all claims and of all liability to the Contractor for all things done or furnished in connection with this work. No certificate for payment issued by the College, and no payment, final or otherwise, shall be an acceptance of any work or materials not in accordance with the Contract; nor shall the same relieve the Contractor of responsibility for unsettled liens, for faulty materials or workmanship or operate to release the Contractor or his surety from any obligation under the Contract, the Performance Bond or terms of any special guarantees required by the Contract Documents.

17. SUBCONTRACTS

a. The Contractor shall, as soon as practicable but within sixty (60) days after the signing of the Contract, notify the Vice President for Business and Financial Affairs or his designee in writing of the names of subcontractors proposed for the principal parts of the work and for such others as the Vice

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President for Business and Financial Affairs may direct and shall not employ any that the Vice President for Business and Financial Affairs may within a reasonable time object to as incompetent or unfit.

b. The Vice President for Business and Financial Affairs shall, on request, furnish to any subcontractor, wherever practicable, evidence of the amount certified on his account.

c. The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

18. LAWS, PERMITS AND REGULATIONS

a. The Contractor must comply with all Federal, State, Municipal and Local Laws, ordinances, rules, regulations, orders, permits and licenses applicable to this Contract and to the work to be done under the same. The Contractor shall furnish at his cost and expense, any permits or licenses or certificate of completion and occupancy, necessary to complete the work under this Contract. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall notify the Engineer or Architect in writing and any necessary changes shall be adjusted by appropriate modification. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the Engineer or Architect, he shall assume full responsibility therefor and shall bear all cost attributable thereto.

19. OWNER'S RIGHT TO TERMINATE CONTRACT

a. If the Contractor should be adjudicated a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed in account of his insolvency, or if the Contractor shall abandon the work under his Contract, or fail to refuse to conform with the requirements of the Contract either in workmanship or material, or if any time the Engineer or Architect certifies that the Contractor is willfully violating the conditions of the Contract, or executing same in bad faith, or if the Contractor shall persistently or repeatedly refuse or should fail, except in cases for which an extension of time is granted, to supply

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adequate plant or a sufficient number of skilled workmen or materials to prosecute the work properly, or if he unnecessarily delays the work, or if he should fail to make prompt payment to Subcontractors or for material or labor, or persistently disregard laws or ordinances or the instructions of the Engineer or Architect, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Contract may be declared null and void, the security forfeited and the materials built into the work shall become the property of the College.

b. The College, through the Vice President for Business and Financial Affairs may thereupon call upon the surety to complete the Contract as provided for in the bond, or the College, may at its option, proceed to complete the work and any funds retained by the College shall be applied to pay the increased cost of the work.

c. If the Contract is annulled under this article, the Contractor shall not be entitled to any damages on account thereof nor shall such annulment affect the right of the College to recover against the Contractor or his surety damages which may arise, or extra costs which may be incurred by it as the result of the failure of the Contractor to carry out the terms of the Contract.

20. CONTRACT SECURITY (ADD MINIMUM THRESHOLDS)

a. The successful bidder must deliver to the Owner, within fourteen (14) days from the date of notice of award of Contract, an executed Performance Bond and Labor and Material Bond in an amount at least equal to one hundred percent (100%) of the accepted bid as security for the faithful performance of the Contract. The sureties of all bonds shall be of such surety company or companies as are approved by the Owner, United States Treasury approved, and are authorized to transact business in the State of New York. The Bonds must be approved by the Owner prior to execution of the formal contract.

21. OWNER'S INSURANCE

a. Owner's Liability Insurance: The Owner may, at his own option maintain such insurance as will protect him from his contingent liability to others for damages because of bodily injury, including death, which may arise from operations under the Contract, and any other liability for damages which

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the Contractor is required to insure under any provision of the Contract.

b. Owner's Property Insurance: The Owner may, at his own option, maintain property insurance upon the entire system on which the work of the Contract is to be done to one hundred percent (100%) of the insurable value thereof. Notwithstanding the provision of this paragraph, however, the risk of loss or damage shall be borne by the Contractor until the project has been accepted by the County.

c. Notwithstanding the provision of subparagraphs (a) and (b) above, the risk of loss or damage shall be borne by the Contractor until the project has been accepted by the College.

22. INDEMNIFICATION

a. The Contractor agrees that it shall protect, indemnify and hold harmless the College and/or the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the College and/or the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the College and/or County’s option, pay reasonable attorney’s fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement.

23. GUARANTEE OF WORK (ADD IN APPROPRIATE REFERENCES)

a. Except as otherwise specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of substantial completion of the Contract; this date shall be determined by the Vice President for Business and Financial Affairs in writing, and all guarantee-warranty unless specifically noted otherwise, shall commence from that date.

b. If, within any guarantee period, repairs or changes are required in connection with the guaranteed work, which in the opinion of the Engineer or Architect are rendered necessary as the result of the use of materials,

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equipment or workmanship, which are defective or inferior, or not in accordance with the items or the Contract, the Contractor, shall promptly upon receipt of notice from the Owner and without expense to the Owner: place in satisfactory condition in every particular all of such guaranteed work, correct all defects therein; and make good all damage to the structure or site or equipment or contents thereof, which, in the opinion of the Engineer or Architect is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the Contract; and make good any work or materials or the equipment and contents of structures or site disturbed in fulfilling any such guarantee.

c. In any case, where in fulfilling the requirements of the Contract or of any guarantee embraced in or required thereby, the Contractor disturbs any work guaranteed under Contract, he shall restore such disturbed work to a condition satisfactory to the Engineer or Architect and guarantee such a condition satisfactory to the Engineer or Architect and guarantee such restored work to the same extent as it was guaranteed under such other Contract.

d. If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the Owner may have the defects corrected and the Contractor and his surety shall be liable for all expense incurred.

e. All special guarantees applicable to definite parts of the work that may be stipulated in the specifications or other papers forming a part of the Contract shall be subject to the terms of this paragraph during the first year of such special guarantee.

f. These obligations of the Contractor shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law.

24. TIME OF COMPLETION

a. All contractors shall, if necessary, employ extra help, provide extra equipment, work overtime, expedite deliveries, pay premiums and bonuses or whatever is necessary to keep to schedule and substantially complete the work upon the contract date.

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b. If Contractor is delayed at any time in the progress of the work by changes ordered in the work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties or causes beyond Contractor's control, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner and Engineer or Architect may determine. No delay due to any of the causes listed above, or due to any neglect, omission or delay of the College, or by other Contractor, Engineer or Architect retained by the College, whether in preparation for or performance of the work or otherwise, nor any unreadiness of the site for such performance, shall constitute a default on the part of the College, or affect the Contractor's obligations under the Contract Documents or give the Contractor any right to or any claim for damages or claims for delay, acceleration, inefficient or out of sequence work, but in any such case Contractor's sole right and remedy shall be an extension of the Contract Time.

c. No such extension shall be made for any delay occurring more than seven (7) days before claim therefor is made in writing by the Contractor to the Vice President for Business and Financial Affairs or his designee. Notice of application for such extension shall be filed at least fifteen (15) days prior to the date of completion fixed by the terms of the Agreement.

d. The permitting of the Contractor to proceed to complete any work or any part of it after the date of completion or after the date to which time for completion may have been extended, shall in no way operate as a waiver on the part of the Owner of any of its rights hereunder.

25. LIQUIDATED DAMAGES (FILL IN AS NEEDED)

a. Liquidated damages in the sum $XXXXX, and as further defined in this section, will be assessed against the Contractor for each consecutive calendar day of non-excusable delay in the completion of the Work as provided for in the Contract Documents.

a. Inasmuch as the damage and loss to the Owner which will result from a failure by the Contractor to complete the Work within the period specified, or extended as herein provided, are difficult to compute accurately but may include interest on moneys borrowed for construction, additional engineering, legal and auditing costs, inspector’s wages, loss from the inability of the Owner to enter into possession, inconvenience to the public resulting from the unavailability of the public improvement, the damages to the Owner for delay in case of such failure on the part of the Contractor under the Contract shall be liquidated in the sum as stipulated in Section 40(a) of these General Conditions for each consecutive calendar

25

GENERAL CONDITIONS


day (Sundays and holidays included) in excess of the time specified, the intent being to compute separately the per diem liquidated damages with respect to each contract. The Owner is fully authorized and empowered to deduct and retain the amount of all damages determined as hereinafter stipulated for each calendar day that the Contractor is late in completing the Work, from any moneys due or to become due to the Contractor under the provisions of the Contract, at any time after such damages are so incurred. In the event such damages exceed the amount of all moneys due or to become due, the Contractor or his surety shall pay the balance to the Owner.

b. The Contractor waives any objection as to the reasonableness or validity of this provision, and hereby acknowledges that said provision constitutes a reasonable forecast of the actual harm that the County may sustain as a result of a delay in the work.

c. Liquidated damages for multiple or concurrent contracts are computed and assessed separately for each contract.

d. For each calendar day that any work shall remain uncompleted after the contract date specified for the completion of the Work provided for in the Contract, the sum specified in the Contract will be deducted from any money due the Contractor, not as a penalty but as liquidated damages provided however that due account shall be taken of any adjustment of the Contract time for completion of the Work as provided for elsewhere in these General Conditions.

e. The Engineer will recommend to the Owner the number of calendar days that the Contractor is late in completing the Work under this Contract. The decision of the Owner shall be final in the case and shall be binding and conclusive upon all parties to the Contract.

f. If for any reason the Contractor discontinues, abandons or renounces the Work on this Project, the Owner shall be fully authorized and empowered to deduct and retain the amount of any damages previously stipulated for each calendar day that the Contractor shall be delayed in completing the Work. In the event the Owner obtains another Contractor to finish the work, the amount to be deducted shall be the liability of the Contractor or his Surety as previously stipulated. The damages shall be measured from the stipulated completion date until the date the Work is Substantially Complete.

26. SUBSTITUTIONS

a. Substitutions or Approvals - General

1. The words "similar and equal to," "or equal," "equivalent" and such 26

GENERAL CONDITIONS


other words of similar content and meaning shall for the purposes of this Contract be deemed to mean similar and equivalent to one of the named products. For the purposes of subdivisions a, b, and c of this Section, the word "products" shall be deemed to include the words "articles," "materials," "items," "equipment," and "methods." Whenever in the Contract Documents one or more products are specified, the words "similar and equal to" shall be deemed inserted.

2. Whenever any product is specified in the Contract Documents by a reference to the name, trade name, make or catalog number of any manufacturer or supplier, the intent is not to limit competition, but to establish a standard of quality which the Engineer or Architect has determined is necessary for the project. A Contractor may at his option use any product other than that specified in the Contract Documents provided the same is approved by the Engineer or Architect in accordance with the procedures set forth in subdivisions (b) and (c) of this section. In all cases the Engineer or Architect shall be the sole judge as to whether a proposed product is to be approved and the Contractor shall have the burden of proving the equivalency at his own cost and expense, to the satisfaction of the Engineer or Architect.

3. Substitutions of equipment, appliances or materials other than those indicated on the drawings or in the specifications shall be submitted to the Engineer or Architect in a written report, giving a complete breakdown, analysis and comparison (including cost), between the substitution and the original items equipment, materials, etc. specified. No consideration of substitution will be made without this breakdown. The expense of preparing the report and comparison will be the expense of the Contractor.

4. Where the Contractor proposes to use an item of equipment other than that specified or detailed on the drawings which requires any redesign of the structure, partitions, foundations, piping, wiring or any other part of the Mechanical, Electrical and/or General layout, all such redesign and all new drawings and detailing required, therefore, shall be prepared by an Engineer or Architect licensed in the State of New York and all fees paid for by the Contractor.

5. Any structural change or substitution involving a change of design, layout, materials requiring any redesigning, the new drawings, details,

27

GENERAL CONDITIONS


design, etc., required shall be prepared by an Engineer or Architect licensed in the State of New York. Fees and/or charges for this work will be paid for by the Contractor.

a. Substitutions or Approvals Prior to Bidding

1. Should any bidder wish to base his proposal on a product not named in the Contract Documents, he shall have the privilege of making a written request to the Engineer or Architect for the latter's approval of the proposed substitution. Such request shall be delivered to the Engineer's or Architect’s office on or before seven (7) calendar days prior to the hour and day set for the opening of bids and shall be submitted with a complete description of the proposed substitution and name of the product for which it is to be substituted together with manufacturer's literature, specification drawings, cuts, performance and test data and other information pertinent to consideration of the proposed substitution.

2. Request for approval of proposed substitutions will be received only from the Contractor and not from subcontractors, vendors, material dealers or manufacturer's representatives.

3. If any proposed substitution shall receive the Engineer's or Architect’s approval or if the Engineer or Architect shall decide to enlarge the scope of the Contract Documents, such approvals or additional information will be set forth in an addendum which shall be issued a minimum of five (5) calendar days prior to the day set for the opening of bids.

4. All bids are to be based upon products specified in the Contract Document or approved by addendum by the Engineer.

b. Substitutions or Approvals After Bidding

1. Since all bids are based upon products specified or approved by the Engineer or Architect prior to bidding, the Engineer or Architect will not consider proposed substitutions after bidding except in such cases where it is necessary to make a substitution because of strikes, lockouts, bankruptcies, discontinuance of a named product or inability to obtain delivery to the job in time to complete the work in proper sequence because of conditions beyond the control of the Contractor.

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GENERAL CONDITIONS


Request for such proposed substitutions after bidding shall be made in writing to the Engineer or Architect, and shall be made within seven (7) calendar days of the date that the Contractor ascertains he cannot obtain the named product.

2. In addition to the foregoing, the Engineer or Architect will also consider proposed substitutions after bidding if the proposed substitutions in the opinion of the Engineer or Architect, is superior to the named product or if the proposed substitution is equal to the named product and the Owner is given a credit acceptable to it for the proposed substitution.

27. LIABILITY OF THE OWNER

a. This Contract shall be deemed executory to the extent of the monies available, and no liability shall be incurred by the Owner beyond the monies available for the purpose.

28. DISCRIMINATION IN EMPLOYMENT

a. In accordance with Section 220-e of the Labor Law of the State of New York, it is agreed that:

1. In the hiring of employees for the performance of work under this Contract or any subcontract hereunder, no Contractor, subcontractor, nor any person acting on behalf of such Contractor or subcontractor shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;

2. No Contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, disability, sex or national origin;

3. There may be deducted from the amount payable to the Contractor a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Contract;

4. This Contract may be cancelled or terminated by the College, and all 29

GENERAL CONDITIONS


monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Contract; and

5. The aforesaid provisions of this section shall be limited to operations performed within the territorial limits of the State of New York.

29. PREFERENCE IN EMPLOYMENT

a. This Contract shall be void if preference in employment is not given to residents of New York State, in accordance with the provisions of Section 222 of the Labor Law of the State of New York.

30. PROVISIONS OF LAW

a. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein.

b. Invalid Clauses : If any provision of this Contract shall be such as to destroy its mutuality or to render it invalid or illegal then, if it shall not appear to have been so material that without it the Contract would not have been made by the parties, it shall not be deemed to form part thereof but the balance of the Contract shall remain in full force and effect.

31. UNIT PRICES

a. Unit prices, as established in the bid form, submitted by the Contractor as his proposal, shall be used as a basis for additional payment to the Contractor or credit to the Owner for additional or less work authorized of the nature included in said list of unit prices.

32. TAXES

a. The Contractor shall pay all sales, consumer use and other similar taxes required by law. However, the College is a tax exempt organization so that tangible personal property purchased by the Contractors, Subcontractors, and repairmen becoming an integral component part of the real property of any College project, shall be exempt from New York State, local sales & use taxes.

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GENERAL CONDITIONS


33. LIENS

a. The amount stated in the notice of lien will be deducted from the current payment due the Contractor. This sum will be withheld until the Lien is discharged.

34. EQUAL EMPLOYMENT OPPORTUNITY

a. All Contractors and Subcontractors shall comply with all the terms and conditions of the Long Island Affirmative Action Program (Fleisher Plan). Copies of the Program may be examined at the offices of the Suffolk County Department of Labor (Hauppauge).

35. PUBLIC DISCLOSURE

a. The verified public disclosure statement required by Suffolk County Administrative Code Section A5-7 shall include:

1. A complete list of the names and addresses of those individual shareholders having more than five percent (5%) interest in the firm.

2. The table of organization for the company shall include the names and addresses of all partners and all corporate officers. The Contractor or vendor shall conspicuously identify any such person in this table of organization who is an officer or an employee of Suffolk County or the College.

3. A complete financial statement listing all assets and liabilities as well as a profit and loss statement, certified by a certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six months prior to the date of the filing of the bid.

b. Remedies - The failure to file a verified public disclosure statement as required under this Local Law shall constitute a material breach of contract. The College may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, the College shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the

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GENERAL CONDITIONS


amount of the Contract.

36. WORKING HOURS, HOLIDAYS AND OVERTIME (DISCUSS WITH LOU)

a. The work week for the Owner and his staff shall be Monday through Friday and begin at 7:00 A.M. and end at 4:00 P.M. If the Contractor wishes to prosecute any portion of the work beyond the Owner's hours, he shall first obtain permission from the Owner, notifying him each time in advance, giving him ample time for his representative to be present.

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SUPPLEMENTARY AND SPECIAL CONDITIONS


INDEX TO SUPPLEMENTARY AND SPECIAL CONDITIONS

1. ORAL INSTRUCTIONS2. MUTUAL RESPONSIBILITY OF CONTRACTORS3. COOPERATION AND COORDINATION4. ELECTRICAL EQUIPMENT5. CONNECTIONS TO EQUIPMENT6. QUIET OPERATION7. GUARANTEE-WARRANTY8. OPERATING AND MAINTENANCE INSTRUCTIONS9. DAMAGE10. TESTS

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1. ORAL INSTRUCTIONS

a. Unless confirmed in writing, neither the Owner nor the Engineer or Architect will be responsible in any way for instructions or answers to inquiries, regarding the intent or meaning of the contract documents, whether supplied by themselves, their employees, or other representatives.

2. MUTUAL RESPONSIBILITY OF CONTRACTORS

a. Should the Contractor or his employees cause damage to or upon any other Subcontractor's work, the Contractor agrees, upon due notice, to settle with such parties and make good all damage. If such other Subcontractor sues the Owner on account of any damage alleged to have been so sustained, the College will notify the Contractor, who shall defend such proceedings and should any judgment be obtained against the Owner, the Contractor shall satisfy such judgment and pay all costs incurred by the Owner.

b. Each and every provision of any law and clause required by law to be inserted in this contract shall be deemed to be inserted herein, and the contract shall be read and enforced as though it were included therein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the contract shall forthwith be physically amended to make such insertion.

3. COOPERATION AND COORDINATION

a. All work to be done on the existing structures or grounds or any other work which might affect the operation of the existing structures or grounds shall be done at the convenience of the Owner. The Engineer or Architect and Owner shall be notified of this work in sufficient time so that the proper arrangements may be made.

b. The Contractor, before commencing work, shall arrange a program of work operation to the satisfaction of the Engineer or Architect and Owner.

c. The Contractor and all Subcontractors shall coordinate their work with all adjacent work and shall coordinate with all other trades so as to facilitate

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the general progress of the work; also to assure correctness and avoid the possibility of accidents to persons and/or damage to property.

d. The Contractor shall lay out and install his work at such time or times and in such manner as to facilitate the general progress of the project.

e. It is agreed that in the event of any dispute arising as to possible or alleged interference between the various Subcontractors which may retard the progress of the work, the same shall be adjusted by the Engineer or Architect. His decision as to the manner in which the matter may be adjusted shall be binding and conclusive on all parties.

f. Each trade shall afford all other trades every reasonable opportunity for the installation of their work and for the storages of their materials.

4. ELECTRICAL EQUIPMENT

a. All electrical equipment supplies and work performed under the contract shall conform in all respects to the requirements of the Board of Fire Underwriters, and shall have characteristics to conform to the service being supplied as outlined in the Specifications and on the Drawings.

b. The Contractor shall supply all controls, switches, starters and all other devices required for the proper operation of his equipment.

c. All power supply wiring, including connections to equipment, shall be done by the Contractor, unless otherwise called for in this specification or indicated on the drawings.

d. All control wiring shall be done by the Contractor or Subcontractor responsible for supplying his equipment.

e. The Contractor shall supply, for approval, six (6) copies of a composite wiring diagram showing all wiring, including internal control and starter wiring. This diagram shall be labeled so as to properly identify all equipment, controls, starters, etc. All inter-connected systems must be shown and the interrelated wiring must be clear.

f. The Contractor shall provide all technical assistance required by any Subcontractor to insure the proper installation of all work relating to the

3



systems specified herein.

5. CONNECTIONS TO EQUIPMENT

a. Connections to equipment shall follow manufacturer's recommendations as to size and arrangement of connections and/or as shown in detail on the plans. If the manufacturer’s recommendations deviate significantly from the plans, the Engineer or Architect shall be notified in writing by the Contractor prior to commencing work so that clarification may be provided. Piping connections shall be made to permit ready disconnection of equipment with minimum disturbance to adjoining piping and equipment.

6. QUIET OPERATION

a. All work shall operate under all conditions of load without any sound or vibration which is objectionable in the opinion of the Engineer or Architect. In case of moving machinery, sound or vibration noticeable outside of room in which it is installed, or annoyingly noticeable inside of its own room, will be considered objectionable. Sound or vibration conditions considered objectionable shall be corrected in an approved manner by the Contractor at his expense.

7. GUARANTEE - WARRANTY

a. The Contractor shall and does hereby guarantee all work as called for in the various divisions of this specification, when such work is performed by the Contractor or its Subcontractors.

b. The guarantee of the Contractor shall be in addition to the specific guarantees called for in the divisions of the specifications. These guarantees shall be obtained, stamped, signed and dated by the Contractor, indicating that they comply with the requirements of the Contract Documents.

c. All guarantees shall be delivered to the Engineer or Architect in four (4) bound volumes, properly identified, dated and indexed, before final payment, with one (1) original and three (3) copies of each guarantee, properly signed.

8. OPERATING AND MAINTENANCE INSTRUCTIONS 4



a. The Contractor shall, at the substantial completion of the contract, deliver to the Owner, four (4) copies of a bound manual and one electronic copy presenting for the Owner's guidance, full details for the operation and maintenance of all equipment and systems included in the contract.

b. The Contractor shall include all literature of the manufacturer relating to equipment, including motors or other manufacturing equipment; also cuts, wiring diagrams, instruction sheets and all other information pertaining to same that would be useful to the Owner in the operation and maintenance of the same.

c. Operation instructions in printed form for each new item of equipment and system shall be posted in glazed metal frames at locations designated by the Owner. The Contractor or his representative shall instruct the Owners or its representatives in the proper operation and service of all equipment and systems at the time of completion, and before the acceptance of the work.

d. The Owner shall be the sole judge of the completeness of such manuals and may reject any submittal for the lack of any information which he may deem necessary and/or for the manner in which the materials are assembled or bound.

9. DAMAGE

a. The Contractor shall repair and/or replace any damage to existing building entrances, walls, floors, ceilings, streets, roads, pavement, utilities, curbs, trees, shrubbery or other planting or fencing, caused by operations and/or workmen employed in the performance of work under the contract.

10. TESTS

a. The Owner may test or have tested any or all portions of the work under this Contract except as otherwise noted. Any such tests are solely for the Owner's own protection and record purposes, and the Contractor shall not rely on any such testing for control of the quality of his work.

b. The Contractor shall, upon notification, make available whatever facilities 5



and/or assistance that may be required to perform testing as noted above. If the work subject to tests performed by the Owner, is found to be defective or nonconforming to the Drawings and Specifications in any manner due to the fault of the Contractor or any of his Subcontractors, such uncovering or destruction and necessary reconstruction and cost of testing and retesting shall be at the expense of the Contractor.

c. The Contractor shall perform his work in such a manner that will permit the Owner to perform and coordinate its testing with the work.

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