AGENDA REGULAR SESSION Remote Access Meeting via Zoom Thursday, October 28, 2021 - 10:00 a.m. Zoom Link: https://us02web.zoom.us/j/88668043089 Zoom via phone: 929-205-6099 / Meeting ID: 886 6804 3089 I. PLEDGE OF ALLEGIANCE II. OPENING STATEMENT III. ROLL CALL IV. APPROVAL OF MINUTES AND CASH DISBURSEMENTS (Action) Approval of Regular Session Remote Meeting Minutes of September 23, 2021. Approval and/or Ratification of Cash Disbursements over $100,000 for the month of September 2021. V. PUBLIC PARTICIPATION ON RESOLUTIONS VI. CONTRACTS/AWARDS Resolution 2021-22 Consideration of a Resolution Authorizing the President and CEO to Enter into a Contract with Motorola Solutions of New Jersey for Supplying Communication Radios for the NJSEA Fire Department. Resolution 2021-23 Consideration of a Resolution Authorizing the President and CEO to Enter into a Contract with Northeast Roof Maintenance of New Jersey for a Roof Replacement for the NJSEA 3rd Floor Administration Building in Lyndhurst. Resolution 2021-24 Consideration of a Resolution Authorizing the President and CEO to Enter into Agreements with the New Jersey Department of Treasury and New Meadowlands Stadium, LLC, to Fund and Prosecute the Demolition of the Old Grandstand. Resolution 2021-25 Consideration of a Resolution Authorizing Emergency Repairs to Meadowlands Arena Elevators and Entrance Voids. Resolution 2021-26 Consideration of a Resolution Relating to Third Party Contracts for the 2026 FIFA World Cup Bid.
Transcript
AGENDA REGULAR SESSION
Remote Access Meeting via Zoom Thursday, October 28, 2021 - 10:00 a.m.
Zoom Link: https://us02web.zoom.us/j/88668043089
Zoom via phone: 929-205-6099 / Meeting ID: 886 6804 3089
I. PLEDGE OF ALLEGIANCE
II. OPENING STATEMENT
III. ROLL CALL
IV. APPROVAL OF MINUTES AND CASH DISBURSEMENTS (Action)
Approval of Regular Session Remote Meeting Minutes of September 23, 2021.
Approval and/or Ratification of Cash Disbursements over $100,000 for the month ofSeptember 2021.
V. PUBLIC PARTICIPATION ON RESOLUTIONS
VI. CONTRACTS/AWARDS
Resolution 2021-22 Consideration of a Resolution Authorizing the President and CEO to Enter
into a Contract with Motorola Solutions of New Jersey for Supplying
Communication Radios for the NJSEA Fire Department.
Resolution 2021-23 Consideration of a Resolution Authorizing the President and CEO to Enter into
a Contract with Northeast Roof Maintenance of New Jersey for a Roof
Replacement for the NJSEA 3rd Floor Administration Building in Lyndhurst.
Resolution 2021-24 Consideration of a Resolution Authorizing the President and CEO to Enter into Agreements with the New Jersey Department of Treasury and New Meadowlands Stadium, LLC, to Fund and Prosecute the Demolition of the Old Grandstand.
Resolution 2021-25 Consideration of a Resolution Authorizing Emergency Repairs to Meadowlands Arena Elevators and Entrance Voids.
Resolution 2021-26 Consideration of a Resolution Relating to Third Party Contracts for the 2026 FIFA World Cup Bid.
NJSEA BOARD MEETING AGENDA Page -2- October 28, 2021
Resolution 2021-27 Consideration of a Resolution Authorizing the President and CEO to Enter into a Contract with Emilcott Environmental, Health & Safety Experts for Hydrogen Sulfide Monitoring Services at the Keegan Landfill.
VII. PUBLIC PARTICIPATION
VIII. EXECUTIVE SESSION
Resolution 2021-28 Consideration of a Resolution Authorizing the New Jersey Sports and
Exposition Authority to conduct a meeting, to which the general public shall not be admitted for the purposes of discussing legal matters, personnel matters and contract negotiations.
IX. MOTION TO ADJOURN
MINUTES
REGULAR SESSION BOARD MEETINGMINUTES
REMOTE VIA ZOOM
DATE: September 23, 2021 TIME: 10:00 a.m. PLACE: Remote via Zoom RE: REGULAR SESSION REMOTE MEETING MINUTES
Members in Attendance: John Ballantyne, Chairman Joseph Buckelew, Vice Chairman Vincent Prieto, President and CEO Armando Fontoura, Member Michael H. Gluck, Esq., Member Michael Griffin, NJ State Treasurer’s Representative Woody Knopf, Member Steven Plofker, Member Andrew Scala, Member Anthony Scardino, Member Louis J. Stellato, Member Robert Yudin, Member
Absent: Robert Dowd, Member Michael Gonnelli, Member Arthur Kapoor, Member
Also Attending: Christine Sanz, Senior Vice President/Chief Operating Officer Frank Leanza, Senior Vice President/Chief of Legal & Regulatory Affairs Adam Levy, Vice President of Legal & Regulatory Affairs John Duffy, Senior Vice President of Sports Complex Operations & Facilities Sara Sundell, Director of Land Use Management and Chief Engineer Steven Cattuna, Chief of Staff Anna Acanfora, Co-Director of Finance/Co-CFO Edward Bulmer, Co-Director of Finance/Co-CFO Dr. Francisco Artigas, Co-Director Meadowlands Research and Restoration Institute Teresa Doss, Co-Director Meadowlands Research and Restoration Institute Brian Aberback, Public Information Officer Lauren LaRusso, Governor’s Authorities Unit Colleen Mercado, Senior Operations Administrator
Chairman Ballantyne called the meeting to order.
I. Opening Statement – Chairman Ballantyne read the Notice of Meeting required under the Sunshine Law.
II. Roll Call.
September 23, 2021 Board Meeting Minutes 2
Chairman Ballantyne opened the meeting by welcoming everyone back and he said he hoped that everyone had a wonderful and healthy summer.
Chairman Ballantyne announced that the Meadowlands Research and Restoration Institute recently received three grants from the Federal Environmental Protection Agency to help fund crucial research and studies. He said that the first grant, a $200,000 award, will support the department’s drone program and cloud publishing services; the second grant, in the amount of $180,000, will allow the Institute to undertake a study that aims to identify marshes in the Meadowlands that have the greatest chance of persevering under the pressure of future sea level rise; and the last grant, for $168,000, involves restoring the Saw Mill Creek. He commended all of those involved with the grant writing process for their very hard work in ensuring that the NJSEA submitted top-notch applications to the EPA.
Commissioner Scardino acknowledged the efforts of New Jersey State Senator Sarlo and Congressman Pascrell for their efforts and support in securing these grants.
Chairman Ballantyne and President Prieto provided overviews on the recent events held at the Authority; the Birding Festival and Butterfly Day.
III. APPROVAL OF MINUTES AND CASH DISBURSEMENTS
Chairman Ballantyne presented the minutes from the July 22, 2021 Regular Session RemoteBoard meeting.
Upon motion made by Commissioner Buckelew and seconded by Commissioner Gluck theminutes of the Regular Session Remote Board Meeting held on July 22, 2021, wereunanimously approved.
Chairman Ballantyne presented the report of cash disbursements over $100,000 forthe month of July 2021.
Upon motion by Commissioner Scala and seconded by Commissioner Fontoura the cashdisbursements over $100,000 for the month of July 2021 were unanimously approved.
Chairman Ballantyne presented the report of cash disbursements over $100,000 for themonth of August 2021.
Commissioner Scardino asked if tax sharing payments were current and whether there wasanything still owing, as has happened in the past.
President Prieto replied that checks had been sent out to the towns and at this timepayments were up to date.
Upon motion by Commissioner Scala and seconded by Commissioner Dowd the cashdisbursements over $100,000 for the month of August 2021 were unanimously approved.
IV. PUBLIC PARTICIPATON ON RESOLUTIONS - None
V. APPROVALS Resolution 2021-19 Resolution Adopting the 2021 New Jersey Sports and Exposition
Authority Budget.
Ms. Acanfora stated that the 2021 Budget had been prepared by the finance department in May and underwent a review over several months. She said that due to a variety of factors including changes in staffing and the pandemic, the budget was being presented later than originally anticipated. The goal is to present the upcoming 2022 operational budget for adoption in December or January 2022. She advised the Board that although it was originally predicted for revenues to be down approximately $4 million from prior
September 23, 2021 Board Meeting Minutes 3
years, subsequent events had occurred and the actual loss of revenue is anticipated to be significantly less. Similar to revenues, expenses were originally predicated to be down approximately $5 million from 2020, however as revenues fluctuate so will expenses accordingly. In addition, 2020 actuals include accounting adjustments that have no overall impact on our operations and cannot be budgeted for. Ms. Acanfora concluded by saying that the Executive Committee had received the presentation of the Budget with all the details.
Commissioner Buckelew, Chairman of the Finance Committee, noted that the Committee had not had any meetings in recent months. He said it was important to have a meeting soon as there were new Committee members and many new Board members and it would be good for the Committee to meet and get full detail of the budget so they could then report back to the full Board. He said he feels it is necessary for the new Commissioners to understand the background of the Authority’s finances.
President Prieto acknowledged Commissioner Buckelew and stated that he would arrange a meeting of the Finance Committee right away. He expressed that the staff is committed to advising everyone on what is going on. He reiterated that since the budget was first drafted there have been certain changes that have developed, such as additional revenues, which will be seen clearly as the 2022 budget is prepared. He said that obvious deficit has been the loss of income from the Keegan Landfill.
Chairman Ballantyne presented Resolution 2021-19. Upon motion by Commissioner Buckelew and seconded by Commissioner Plofker, Resolution 2021-19 was unanimously approved by a vote of 12-0.
Resolution 2021-20 Resolution Issuing A Decision on the Suitability Recommendation as Required by the NJSEA Interim Policies Governing Affordable Housing Development in the Meadowlands District - File No. 21-225, 35 Meadowlands Holdings, LLC - New Hotel/Convenience Store/Gas Station & Variances (Use Change) - Block 100, Lots 1, 2, 2.01 and 2.02 in the Town of Secaucus.
Ms. Sundell explained that NJSEA received a zoning certificate application for the proposed construction of a hotel, fuel service station, and convenience store on the premises identified as 35 Meadowland Parkway, Block 100, Lots 1, 2, 2.01 and 2.02, in Secaucus and in accordance with the Interim Policies, the application was forwarded to the Site Suitability Review Team for review. She stated that the subject property is located within the Commercial Park zone alongside the Hackensack River and the uses within the zone are predominantly office, commercial, hotel and multi-family residential, along with some essential public service uses. She noted that the property, currently vacant, was formerly the site of the Amerada Hess Secaucus Terminal, which included multiple above-ground storage tanks and the docking and unloading of petroleum products from barges on the Hackensack River. She went on to say that the subject property is located on Meadowland Parkway at the signalized intersection with the Route 3 East exit/entrance ramp and that this intersection acts as a gateway to the warehouse, industrial and commercial district of Secaucus, and is also subject to intense usage by heavy trucks and commercial and employees’ vehicles. She stated that truck air-brake noise from the ramp downgrade and headlight glare from the intersection would be detrimental to any residential uses of the site. She said that the subject property is listed as “active” on the NJDEP’s Known Contaminated Site List for New Jersey; and that the property also requires a deed notice and specific engineering controls. She explained that Hess, the previous owner, remediated contaminated soil on the property such that condemnation remains in
September 23, 2021 Board Meeting Minutes 4
certain areas in concentrations that do not allow for the unrestricted use of the property; and the entire site is considered a restricted area due to contaminated historic fill. She said that staff evaluated the site and prepared a suitability review indicating that the subject property is recommended to be deemed unsuitable for housing.
Ms. Sundell concluded by saying that staff requests that the Board concur with the Review Team’s recommendation that Block 100, Lots 1, 2, 2.01 and 2.02, be deemed unsuitable for residential use.
Chairman Ballantyne presented Resolution 2021-20. Upon motion by Commissioner Scala and seconded by Commissioner Scardino, Resolution 2021-20 was approved with a vote of 11-0, with one recusal from Commissioner Yudin.
VI. CONTRACTS/AWARDSResolution 2021-21 Resolution Authorizing the President and CEO to Enter into a
Contract with Modern Facilities of New Jersey for Cleaning Services for NJSEA Facilities located in the Sports Complex.
Mr. Duffy advised the Board that the Authority had advertised and issued an RFP in June for SBE firms to perform cleaning services at the Sports Complex facility. He noted that nine companies attended the RFP walk-through with two firms submitting proposals. He stated that an evaluation committee of NJSEA staff reviewed and ranked the proposals; with Modern Facilities being selected based on the proposed rates and ability to perform the cleaning tasks. Mr. Duffy said that staff is recommending a four-year contract at a total estimated cost of $2,297,964.86 with billing to be actual hours and work performed only.
Chairman Ballantyne presented Resolution 2021-21. Upon motion by Commissioner Gluck and seconded by Commissioner Buckelew, Resolution 2021-21 was unanimously approved by a vote of 12-0.
VII. PUBLIC PARTICIPATION - None
VIII. EXECUTIVE SESSION - Chairman Ballantyne stated that there was no need to go into Executive Session.
Commissioner Yudin asked if the Authority planned on having in-person meetings next month and inquired as to whether there would be mask and vaccine requirements. He said in his opinion, he hoped that there would be; and he further hoped that if someone was not vaccinated, they would need to prove that they were tested within a week.
President Prieto responded that the Authority is planning on returning to the office on October 18 and a meeting could be possible for next month. He said that right now all the details for a full return were being sorted out and that he would inform the Board as these decisions were made.
Commissioner Fontoura inquired about the 2026 World Cup and asked if the Authority was going to be a part of it.
President Prieto responded by saying that there was an initial visit of FIFA this past Tuesday, of which Governor Murphy and New York City Mayor de Blasio were a part. He noted that he had personally reached out to all the Commissioners to let them know this was happening. He went on to say that during FIFA’s visit, the Committee visited MetLife
September 23, 2021 Board Meeting Minutes 5
and some of the potential training facilities. He said that the NJSEA was in a good position to be a main event candidate but no decisions had been made and that he expects they would hear something in early spring. He concluded by saying that as soon as any information was received he would bring it to the Board.
Before adjourning, Chairman Ballantyne again thanked the staff involved in applying for the awarded grants and also thanked all those involved in putting together the Zoom Board meetings. He thanked staff for their hard work and dedication in getting the Board up to speed quickly during these times of being unable to meet in person.
IX. ADJOURNMENT
With no further business, motion was made to adjourn by Commissioner Yudin andseconded by Commissioner Fontoura followed with all in favor.
Meeting adjourned at 10:30 a.m.
I certify that on information and belief this is a true and accurate transcript of the Minutes of the Regular Session of the New Jersey Sports and Exposition Authority Remote Board Meeting held on September 23, 2021.
Christine Sanz Assistant Secretary
September 23, 2021
Commissioner Roll Call 2021-19 2021-20 2021-21
Ballantyne, Chairman P Y Y Y
Buckelew, Vice Chairman P Y Y Y
Prieto P Y Y Y
Dowd - - - - - - - -
Fontoura P Y Y Y
Gluck P Y Y Y
Gonnelli - - - - - - - -
Kapoor - - - - - - - -
Knopf P Y Y Y
Plofker P Y Y Y
Scala P Y Y Y
Scardino P Y Y Y
Stellato P Y Y Y
Yudin P Y R Y
Treasury Rep Griffin P Y Y Y
P - Present A - Abstain -- Absent R = Recuse Y = Affirmative N = Negative
BOROUGH OF OCEANPORT 204,345.17 A CAFO SPECIAL ASSESSMENT AGREEMENT: 4TH QUARTER 2021
MP RACETRACK TOTAL 204,345.17
CASH DISBURSEMENTS$100,000 OR MORE
REFERENCE LETTER TYPE
A CONTRACT ON FILE
B PURCHASE AWARDS - APPROVED AT MONTHLY BOARD MEETING
C STATE REQUIREMENT FOR RACING
D STATE VENDOR
E SOLE SOURCE*
F APPOINTED BY RACING COMMISSION
G ADVERTISED BID
H PRESIDENT/CEO APPROVAL
I STATUTORY PAYMENT
J UTILITIES
K LOWEST PROPOSAL
L REIMBURSABLE
M OUTSTANDING PROFESSIONAL INVOICES APPROVED AT MONTHLY BOARD MEETING
N PURCHASES ON BASIS OF EXIGENCY
* PURCHASES DIRECT FROM SOURCE
EXPENDITURE TO BE CHARGED TO MAINTENANCE RESERVE FUND
AWARDS / CONTRACTS
RES. #2021-24 E X H I B I T
I
RES. #2021-24 E X H I B I T
II
RES. #2021-25 ATTACHMENT
A
Meadowlands Arena
Schindler Repair Proposal for Rebuilding of Elevators due to Hurricane Ida Taking our relationship to the top
Schindler
October 1, 2021
New Jersey Sports & Expo Authority Po Box C200 East Rutherford, NJ 07073-0200
RE: Elevator Repair Proposal Meadowlands Arena East Rutherford, NJ 07073-2131 Proposal JBRN-BLCP9R
Dear John:
Schindler
Schindler Elevator Corporation is very grateful for the opportunity to provide you with our proposal to repair the elevator systems at Meadowlands Arena.
Below is the scope associated with repairing the elevator systems. We look forward to discussing our proposal with you at your earliest convenience. Should you have any questions, you can reach me on my phone at 973-397 -6291 .
Best regards,
Spyro emetropoulos Schindler Elevator Corporation 20 Whippany Road Suite 122 Morristown, NJ 07960-4524
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R Page 3 of 12 Date October 1, 2021
Number of Units Existing Machine Type
Unit Number Machine Location
Descri tion of Work Machine Room Controller Drive Machine Room Wiring Machine Car Governor & Tension Sheave Ascending Car Protection
Project Scope - Bank A
1 Geared
02 Basement
Capacity Speed
Number of stops Number of openings
4,000 lbs. 200 fpm
5 5 Front/ 0 Rear
Tyi:,e Oi:,tion -~-------·-------------Miconic TXRS AC Regenerative
HW 64 BS - Basement Geared Machine with AC Motor HW207 RS HW 622 Rope Gripper
New New New New New New
DoorOP-~e~ra=to=r~------------------------------------Door Operator Electronic Door Detector
GAL MOVFE - 2SSO Cedes Minimax 159 Light Curtain
New New
---~o~is~tw=a~DoorEgYiJ:!~m~e~n~t _______________________________ _ Entrance Frames Reuse Hoistway Doors #4 Stainless Steel New Door Tracks & Hangers Reuse Door Rollers New Door Interlocks GAL Type - 2SSO New Closers Sill Mounted Door Closers New
Fixture Finish Main Car Operating Panel Car Position Indicator Hall Pushbutton Stations Hall Lanterns Hall Position Indications Access Switch Jamb Braille
#4 Stainless Steel Applied Type Included with Main Car Operating Panel Surface Mounted Surface Mounted Included with Hall Pushbutton Stations Included with Terminal Hall Pushbutton Stations
New New New New New New New New
Car nd Aoistwa~----------------------------------Hoistway Wiring Car Roller Guides Counterweight Roller Guides Car Safety Car and Counterweight Rails Hoist ropes and shackles Counterweight Frame
Car Buffer(s) Counterweight Buffer(s) Compensation
Traveling Cable+ Hoistway Wiring ELSCO Model B ELSCO Model D
New New New
Refurbish Reuse New
Reuse
Refurbish Refurbish
NIA
All other systems and components not noted above will be reused and integrated into the new elevator system.
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R Page 4 of 12 Date October 1, 2021
Project Scope - Bank B
Number of Units Existing Machine Type
Unit Number Machine Location
1 Geared
05 Basement
Capacity Speed
Number of stops Number of openings
10,000 lbs. 150 fpm
5 5 Front O Rear
Descri tion of Work Machine Room
T~pe Option ---------------- -------------· Controller Drive Machine Room Wiring Machine Car Governor & Tension Sheave Ascending Car Protection
Miconic TXR5 AC Regenerative
HW74 BS - Basement Geared Machine with AC Motor HW207 RS HW 626 Rope Gripper
New New New New New New
DoorOP-~e~ra=to=r~---~--------------------------~---~ Door Operator Electronic Door Detector
GAL MOVFE - 2SSO Cedes Minimax 159 Light Curtain
New New
HoistwaY- oor Egyire.m= ec:..:nt.,,__ ___________ ~---------~---------Entrance Frames Hoistway Doors Door Tracks & Hangers Door Rollers Door Interlocks Closers
Fixture Finish Main Car Operating Panel Car Position Indicator Hall Pushbutton Stations Hall Lanterns Hall Position Indications Access Switch Jamb Braille
#4 Stainless Steel
GAL Type - 2SSO Sill Mounted Door Closers
#4 Stainless Steel Applied Type Included with Main Car Operating Panel Surface Mounted Surface Mounted Included with Hall Pushbutton Stations Included with Terminal Hall Pushbutton Stations
Reuse New
Reuse New New New
New New New New New New New New
Car ana Ho1stwaY-____________ _______________________ _ Hoistway Wiring Traveling Cable + Hoistway Wiring New Car Roller Guides ELSCO Model B New Counterweight Roller Guides ELSCO Model D New Car Safety Refurbish Car and Counterweight Rails Reuse Hoist ropes and shackles New Counterweight Frame Reuse
Pit Car Buffer(s) Counterweight Buffer(s) Compensation
Refurbish Refurbish
NIA
All other systems and components not noted above will be reused and integrated into the new elevator system.
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R
Page 5 of 12
Date October 1, 2021
Building Related Work - Included with Proposal where necessary
Machine Room 1. Remove existing damaged electrical. 2. Supply and install new disconnect(s) or new shunt trip disconnect(s) 3. Supply and install piping and feed into controller(s) from new disconnect(s) or new shunt trip disconnect(s) . 4. Supply and install positive earth ground to main controller(s). 5. Supply and install cab light circuit with lockable disconnect(s) . 6. Supply and install piping and feed from the load side of the cab light disconnect(s) to controller(s). 7. Supply and install a machine room GFI outlet(s) . 8. Supply and install piping for phone lines into new controller(s) . 9. Supply and install lamp guarded LED light fixtures to meet code requirements 10. Supply and install dedicated circuit for rope gripper(s). 11 . Provide all necessary machine room signage and extinguisher(s), as required per code. 12. General patching, as needed for machine room walls.
Elevator Pit and Hoistway 1. Remove existing damaged electrical. 2. Supply and install pit light switch. 3. Supply and install guarded LED light fixture. 4. Supply and install GFI. 5. Supply and install new disconnects and feeds for new heaters. 6. General patching, as needed for hoist way walls.
Building Related Work - Not included with Proposal where necessary - By Others
General Requirements 1. Repair to existing conditions not being upgraded for this project. 2. Provide sufficient space for storage of materials on site throughout the duration of the repair. 3. Provide parking for our installation crew throughout the duration of the repair. 4. Provide clear floor space to be used as a work area. 5. Paint new or modified hoistway equipment to match building aesthetics, as required. 6. Provide building signage and floor designations related to other building systems, as required . 7. Provide a telephone outlet near an elevator controller in each machine room. 8. Telephone connection for new FA panel by others. Monitor contract not included. 9. Provide building corridor lighting sufficient for illumination of elevator landing sills, as required by code. 10 Reusing existing feeder from the main electrical service gear to the machine room. The existing feeder must
be able to handle the following conditions: - The permissible voltage drop for elevator feeders shall not exceed 3% between the service delivered
to the building and our supply terminal. - All three legs of the three-phase feeder must be hot with respect to ground and balanced to each
other with no more than a 5% variation between individual legs. - The maximum permissible voltage variation measured in the machine room under all operating
conditions shall not exceed plus or minus 10% of the nominal building supply power source voltage. 11 . Any modifications or relocating of card access or other low voltage items to be completed by owner. 12. Any required upgrades to fire alarm and I or fire panel. 13. Provide means to regulate control room temperature and humidity between 55° F and 90° F with relative
humidity no more than 85% non-condensing. Peak equipment heat release is a minimum of 26,000 BTU/Hour/Unit.
14. Emergency power interface is not included. 15. Sprinkler work is not included. 16. Sump pumps and pits are not included
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R
Page 6 of 12
Date October 1, 2021
Price and Payment Terms
1. Our price for the work proposed is as noted below including appropriate tax and will be added to the invoice/billings. This price is firm for 90 days, and thereafter subject to change without notice.
Total Price including applicable taxes: $967,230.00
Pricing is broken down as follows:
Bank A - Elevator Number 02 - Engineering / Drawings - Material - Labor - Subcontract
Total
Bank B - Elevator Number 05 - Engineering / Drawings - Material - Labor - Subcontract
Total
$115,704 $78,680
$106,448 $161 ,982 $462,814
$126,104 $85,752
$116,016 $176,544 $504,416
You agree to the following payment schedule for the lump sum option: - Initial Invoice: 35% of the price quoted above upon execution of this Contract; - Progress Invoice: 95% of the remaining balance to be paid in one installment upon fabrication of
material ; - Final Invoice: Final payment within 30 days of completion of the work.
All invoices, including final invoice are payable within 30 days of application.
Any late or overdue payments will bear interest at the rate of 1 ½% per month. Attorneys' fees and other costs of collection will be included in the event that we must pursue legal action for payment or in the event that you are otherwise in breach of this contract.
We will not release to manufacture until the above initial invoice is paid . We will not schedule on-site work until the above progress invoice is paid. We will not turn over equipment prior to receipt of 95% of the price for the work inclusive of change notices.
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R Page 7 of 12 Date October 1, 2021
General Terms and Conditions
1. The price quoted in Article 1 above is based upon all the work being performed during our regular working hours of regular working days. If overtime is required , the additional price usually charged by us shall be added to the contract price. Your advance approval in writing is required before we will schedule or perform any overtime work.
2. The equipment furnished hereunder remains personal property and we retain title thereto until final payment is made, with the right to retake possession of the same at the cost of the Purchaser if default is made in any of the payments, irrespective of the manner of attachment to the realty, the acceptance of notes, or the sale, mortgage or lease of the premises.
3. The completion of the work as covered by this Agreement or acceptance thereof shall constitute a waiver by you of all claims for loss or damage due to delay. It is also understood and agreed that we shall not be liable for the condition, design, application, or compliance with acceptable codes of any equipment not furnished under this Agreement or for the omission of any work or equipment not covered by this Agreement. We reserve the right to remove and retain all equipment that has been replaced or new materials not used in construction.
4. Schindler reserves the right to furnish its most modern of equipment and no statements contained in this contract are to make it obligatory for us to furnish equipment, the design of which has been discontinued or supplanted by new standards or codes.
5. All previous communication between us, whether written or verbal , with reference to the subject matter of this Agreement, is hereby abrogated, and this contract when duly accepted and approved constitutes the agreement between us, and no modification of this agreement shall be binding upon the Purchaser or Schindler, or either of us, unless such modification shall be in writing, duly accepted by the Purchaser and approved by Schindler. The contract date shall be the date of approval by Schindler.
6. The Purchaser is to provide suitable connections from the power mains to the controller, together with any cutouts, line switches, phase reversal or lightning arresters, and any other such components as that may be necessary to meet purchaser and/ or local code requirements.
7. Any changes in the building required to meet any local or state building or electrical codes are to be made by the Purchaser. Any cutting or patching necessary for the installation of equipment furnished under this contract shall be done by the Purchaser. Schindler shall not under any circumstances be liable for any redecorating that may be necessary upon the completion of its work. No work or service other than that specifically mentioned herein is included or intended. Such work by others must be coordinated by Purchase with Schindler in order to avoid delays to Schindler's work.
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R Page 8 of 12 Date October 1, 2021
8A. It is expressly understood, in consideration of the performance of the service enumerated herein at the price stated, that nothing in this agreement shall be construed to mean that Schindler assumes any liability on account of injury or damage to persons or property, except to the extent directly and solely due to the negligent acts or omissions of Schindler or its employees; and that the Purchaser's responsibility for injury or damage to persons or property while riding on or being in or about the equipment referred to is in no way affected by this Agreement.
Schindler shall not be responsible or liable for any loss, damage, detention or delay caused by labor trouble, strikes, lockouts, fire, explosion, theft, lightning, windstorm, earthquake, floods, storms, epidemics, pandemics, riot, civil commotion, malicious mischief, embargoes, shortages or materials or workmen, unavailability of material from usual sources, Government priorities or requests or demands of the National Defense Program, civil or military authority, war, insurrection, failure to act on the part of the Purchaser's or Schindler's suppliers, orders or instructions of any federal , state or municipal government or any department or agency thereof, Act of God, or by any cause whatsoever beyond its reasonable control. Dates for the performance or completion of work shall be extended to the extent of such delays.
8B. Purchaser agrees to defend, indemnify and hold Schindler harmless from and against any claims, lawsuits , demands, judgments, damages, costs and expenses arising out of this Agreement except to the extent caused by or resulting from the established sole and direct fault of Schindler.
8C. We will not be liable for damages of any kind , whether in contract or in tort, or otherwise, in excess of the price of this Agreement. We will not be liable in any event for special, indirect, liquidated, or consequential damages, which include but are not limited to loss of rents, revenues, profit, good will , or use of equipment or property, or business interruption.
9. Schindler guarantees that the equipment furnished hereunder will comply with the foregoing specifications and if promptly notified in writing will , at our expense, correct any defects in such equipment occurring within one year from the date of completion or acceptance whichever occurs first, which are not due to ordinary wear and tear or improper use, care or maintenance. The correction of such defects constitutes the limit of our respons ibility. THERE ARE NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, OTHER THAN OF TITLE. The equipment installed under this agreement requires maintenance service, such as periodic examinations, lubrication, and adjustment by competent elevator mechanics. Our guarantee is not intended to supplant this normal servicing of the equipment and it is not to be construed that we will provide free maintenance service of this type, except as may be provided under other provisions of the contract, or that we will correct, without charge , breakage, maladjustment or other troubles occurring as a result of improper or inadequate maintenance.
10. We will defend any suit or proceeding brought against you so far as based on a claim that any equipment, or any part thereof, furnished under this contract constitutes an infringement of any patent of the United States, provided that such equipment or part is not supplied according to your design, and it is used as sold by us, if notified promptly in writing and given authority, information and assistance (at our expense) for the defense of same, and we shall pay all damages and costs awarded therein against you . In case said equipment or any part thereof is in such suit held to constitute infringement and the use of said equipment or part is enjoined, we shall at our own expense either: procure for you the right to continue using said equipment or part; or replace same with non-infringing equipment; or modify it so it becomes non-infringing; or remove said equipment and refund the purchase price and the transportation and installation costs thereof. The foregoing states our entire liability for patent infringement by said equipment or any part thereof.
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R Page 9 of 12 Date October 1, 2021
11 . Purchaser will have the hoistways and machine room in safe and proper condition and the proper electrical current available as indicated on our attached schedule. Purchaser will also provide adequate access for delivery and a dry protected place for storage of equipment. Storage requirement of a minimum of 150 sq ft will be required for this project. If storage constraints force double handling of equipment, we will be compensated by you for all additional costs for labor and materials to overcome such obstacles at our standard billing rate. If the locations where the work is to be performed are not ready or are unsafe, we reserve the right not to begin or to discontinue the work. If adequate storage is not available, we will be compensated for all storage costs, as well as costs for demobilization and remobilization if necessary.
If completion of our work is delayed beyond our control and the following date: ___ , our price will be increased in proportion to any additional costs to complete, including but not limited to labor rate increases, component material price increases, storage costs, demobilization and remobil ization expenses and the like.
12. Should latent or concealed conditions be encountered in the performance of the work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in this contract be encountered, the contract price and time shall be equitably adjusted by change order upon claim by either party made within 20 days and after the first observance of the conditions.
13. Any proprietary material, information, data, or devices contained in the equipment or work provided hereunder, or any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this building/premises/equipment only), modems, source/access/object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which will deactivate and remove if the Agreement is terminated.
14. Our bid is based on reusing existing components as is in regard to seismic conditions except as herein noted. Any required changes to existing components resulting from seismic requirements will need to be bid separately.
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R Page 10 of 12 Date October 1, 2021
15. You agree to pay, as an addition to the price stated herein, the amount of any federal excise tax, state and local sales, use or transaction tax, or increase of any tax, or similar charges based upon the sale, use, ownership or possession of materials and/or equipment imposed by any law enacted after the date of this proposal, or imposed upon you by any existing law. In the event of legislative change to the applicable tax rates, including but not limited sales tax, use tax, excise tax, privilege tax, transaction tax and similar charges, Supplier reserves the right to adjust the contract price accordingly.
In the event the customer claims an exemption from sales and/or use tax the customer shall provide a valid executed exemption certificate
In the event you claim an exemption which Supplier accepts in good faith and it is later determined by a taxing authority that such exemption does not apply, Schindler reserves the right to adjust the contract price to reflect the change.
Customer shall pay any penalty, interest, additional tax, or other charge that may be levied or assessed as a result of the delay or failure , caused by the Customer, to pay any tax or file any return or information required by law, rule or regulation or by this Agreement to be paid or filed by Supplier.
If either Party is audited by a taxing authority or other governmental entity in connection with taxes under this Taxes Section, the other Party shall reasonably cooperate with the Party being audited in order to respond to any audit inquiries in an appropriate and timely manner, so that the audit and any resulting controversy may be resolved expeditiously.
In the event of governmental changes to applicable tariffs, Schindler reserves the rights to adjust the contract price accordingly to account for all additional cost impacts.
16. We are not responsible for the removal of any hazardous materials. We will take possession, remove, and dispose any elevator equipment not being reused.
17. Schindler reserves the right to make technical modifications - in conformity with technological progress and/or safety regulations - to the products and/or to replace the components with components of equal or superior quality at any time until delivery and without further notice.
18. In the event of any change to the applicable code, after the date of this proposal that may affect this installation, you agree to pay Schindler any additional costs and provide the .necessary extension of time to comply with the code change.
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R
Page 11 of 12
Date October 1, 2021
Schindler Elevator Corporation
Accepted: _____________________________ _ (Full legal name of Purchaser)
By: (Signature) (Title)
Date: -----------------
V Principal or Owner
V Agent for Principal or Owner: (Name of Principal or Owner)
Approved: Schindler Elevator Corporation
By:
(Signature)
Date:
Subject Schindler Elevator Repair Proposal - JBRN-BLCP9R Page 12 of 12 Date October 1, 2021
Repair Invoice Application No. 1
Bill to: Shio to:
Company MEADOWLANDS ARENA MEADOWLANDS ARENA Invoice Date: October 1, 2021 Address 50 State Rt 120 50 State Rt 120 Invoice Number: JBRN-BLCP9R
East Rutherford, NJ 07073-2131 City East Rutherford
State NJ Zip 07073-2160 Billing Terms
Contact Name Progress Bill Terms : Agent for Final Bill Terms:
Progress Billing - Elevator I Escalator Installation
Contract Amount
Total Work Completed
Less Previously Billed
Current Application
Work Value
509,069.00
0
509,069.00
Retention
25,454
0
25,454
Net Due
*THIS INVOICE IS SUBJECT TO REVISION BASED ON FINAL CONTRACT PRICE
All Invoice I Pavment I Contact Questions to: Remittance
Sales Rep Name Office Name
Phone Number
Payer:
Remit To:
Spyros Demetropoulos 0310 973-397-6291
Schindler Elevator Corporation PO Box 70433 Chicago, IL 60673-0433
Please return this portion with your payment If paying electronically, please provide the invoice number with your remittance
MEADOWLANDS ARENA 50 State Rt 120 East Rutherford, NJ 07073-2160
Schindler Elevator Corporation PO Box 70433 Chicago, IL 60673-0433
