SUBCONTRACTOR’S RESPONSIBILITIES. 2.1 The Subcontract Work includes, but is not limited to, such of the following as may be necessary to perform and complete the Subcontract Work: all plant, materials, tools, equipment (whether for temporary or permanent use), scaffolding, supplies, transportation cartage, loading, hoisting, forms, patterns, models, shop drawings, measurements and other facilities; all labor, work, supervision, cutting; patching, cleaning, temporary construction, protection and other services; and all insurance, warranties, taxes, benefits, royalties, temporary utilities and other related costs except as otherwise provided in this Agreement. It is intended that the Subcontract Work include all work and things necessary to produce a completed job in all respects, and including all warranties required by the 2.2 Subcontractor shall perform the Subcontract Work in accordance with the requirements of this Agreement and the Subcontract Documents. Subcontractor is bound to Applicable Xxxxx Entity by all of the terms and provisions of the Subcontract Documents related to each Applicable Xxxxx Entity and assumes toward each such Applicable Xxxxx Entity all of the duties, obligations and responsibilities that Applicable Xxxxx Entity by the Subcontract Documents assumes toward Owner. Subcontractor further agrees that Applicable Xxxxx Entity shall have the benefit of all rights, remedies and redress against Subcontractor that Owner under the Prime Contract, has against Applicable Xxxxx Entity. Subcontractor shall provide applicable portions of the Subcontract Documents to its subcontractors, material suppliers, and Designers and shall assure that each of its subcontractors, material suppliers, and Designers assumes toward Subcontractor all of the duties, obligations and responsibilities that Subcontractor by the Subcontract Documents assumes toward Applicable Xxxxx Entity. Applicable Xxxxx Entity is an intended third-party beneficiary of each of Subcontractor’s agreements with its subcontractors, material suppliers, and Designers with respect to the applicable Work Order, and is entitled to enforce any rights thereunder for its benefit. 2.3 Subcontractor shall not deviate from the Subcontract Documents or substitute materials (including "or equal" materials) without the issuance of a written change order by Applicable Xxxxx Entity Subcontractor shall be liable for any additional cost to Applicable Xxxxx Entity or others resulting from any deviations or substitutions. 2.4 If the Subcontract Documents (A) require Subcontractor to provide design services or (B) specify design and performance criteria relating to the Subcontract Work, Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by Subcontractor shall be procured from licensed design professionals retained by Subcontractor as permitted by the law of the place where the Project is located (the “Designer”). The Designer’s signature and seal shall appear on all Drawings, calculations, Specifications, certifications, shop drawings and other submittals prepared by the Designer. Shop drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear Subcontractor’s and the Designer’s written approvals when submitted to Applicable Xxxxx Entity Applicable Xxxxx Entity shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer. (A) Except as otherwise provided in the Prime Contract and this Section, Subcontractor and its Designers shall be deemed the authors and owners of their Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Drawings and Specifications to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of Subcontractor and its Designers. (B) Owner and Xxxxx hold a nonexclusive, transferable, perpetual, and unconditional license to use, reproduce, and make derivative works from the Drawings and Specifications solely for purposes such as financing, constructing, using, altering, expanding, promoting, and maintaining the Project before, during, and after Project completion. Subcontractor must obtain similar licenses for the benefit of the Owner and Xxxxx from its Designers. Owner and Xxxxx, and their successors and assigns, may freely assign, delegate, and sublicense such license. The license granted under this Section permits the Owner and Danis to authorize other subcontractors as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Drawings and Specifications solely and exclusively for use in performing services or construction for the Project. (C) The Design Professional may use any of the constituent parts of the Drawings and Specifications on any other project, except for any unique or distinctive architectural components or effects which, taken independently or in combination, would produce a project with substantially similar and distinctive features as the Project. (D) If the Owner or Xxxxx provide the Subcontractor or Subcontractor’s Designer with any computer-assisted drawing files, infrastructure management data, or any other electronic data for use in their design of the Project, Subcontractor and Subcontractor’s Designers shall release, indemnify, and hold harmless the Owner and Xxxxx, their consultants, assigns, and sublicensees against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the use of such 2.5 If the Designer is an independent professional, Subcontractor shall notify Applicable Xxxxx Entity in writing, prior to the commencement of the Designer’s services, of the name and address of the Designer. Such design services shall be procured pursuant to a separate agreement between Subcontractor and the Designer. The Subcontractor- Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Section 30. Subcontractor shall notify Applicable Xxxxx Entity in writing if it intends to change the Designer. In all events Subcontractor shall be responsible for conformance of the Subcontract Work with the information given and the design concept expressed in the Subcontract Documents. 2.6 Unless otherwise provided in the Subcontract Documents and except for emergencies, Subcontractor shall direct all communications related to the Project to Applicable Xxxxx Entity
Appears in 1 contract
Samples: Master Trade Agreement
SUBCONTRACTOR’S RESPONSIBILITIES. 2.1 3.1 OBLIGATIONS The Subcontract Work includes, but is not limited to, such Constructor and the Subcontractor are hereby mutually bound by the terms of this Agreement. To the extent the terms of the following as may be necessary prime agreement apply to perform and complete the Subcontract Work: , then the Constructor hereby assumes toward the Subcontractor all plantthe obligations, materialsrights, toolsduties, equipment (whether for temporary or permanent use), scaffolding, supplies, transportation cartage, loading, hoisting, forms, patterns, models, shop drawings, measurements and other facilities; all labor, work, supervision, cutting; patching, cleaning, temporary construction, protection and other services; and all insurance, warranties, taxes, benefits, royalties, temporary utilities and other related costs except as otherwise provided in this Agreement. It is intended redress that the Subcontract Work include Owner under the prime agreement assumes toward the Constructor. In an identical way, the Subcontractor hereby assumes toward the Constructor all work and things necessary to produce a completed job in all respectsthe same obligations, rights, duties, and including all warranties required by theredress that the Constructor assumes toward the Owner and Design Professional under the prime contract.
2.2 3.2 RESPONSIBILITIES The Subcontractor shall furnish its diligent efforts to perform the Subcontract Work in accordance an expeditious manner and to cooperate with the requirements Constructor so that the Constructor may fulfill its obligations to the Owner. The Subcontractor shall furnish all of this Agreement the labor, materials, equipment, and services, including but not limited to competent supervision, shop drawings, samples, tools, and scaffolding as are necessary for the proper performance of the Subcontract Work, all of which shall be provided in full accord with and reasonably inferable from the Subcontract Documents. Subcontractor is bound to Applicable Xxxxx Entity by all of the terms and provisions of the Subcontract Documents related to each Applicable Xxxxx Entity and assumes toward each such Applicable Xxxxx Entity all of the duties, obligations and responsibilities that Applicable Xxxxx Entity by the Subcontract Documents assumes toward Owner. Subcontractor further agrees that Applicable Xxxxx Entity shall have the benefit of all rights, remedies and redress against Subcontractor that Owner under the Prime Contract, has against Applicable Xxxxx Entity. Subcontractor shall provide applicable portions of the Subcontract Documents to its subcontractors, material suppliers, and Designers and shall assure that each of its subcontractors, material suppliers, and Designers assumes toward Subcontractor all of the duties, obligations and responsibilities that Subcontractor by the Subcontract Documents assumes toward Applicable Xxxxx Entity. Applicable Xxxxx Entity is an intended third-party beneficiary of each of Subcontractor’s agreements with its subcontractors, material suppliers, and Designers with respect to the applicable Work Order, and is entitled to enforce any rights thereunder for its benefit.
2.3 Subcontractor shall not deviate from the Subcontract Documents or substitute materials (including "or equal" materials) without the issuance of a written change order by Applicable Xxxxx Entity Subcontractor shall be liable for any additional cost to Applicable Xxxxx Entity or others resulting from any deviations or substitutions.
2.4 If the Subcontract Documents (A) require Subcontractor to provide design services or (B) specify design and performance criteria relating to the Subcontract Work, The Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by Subcontractor shall Constructor a list of its proposed subcontractors and suppliers, and be procured from licensed design professionals retained by Subcontractor as permitted by the law of the place where the Project is located (the “Designer”). The Designer’s signature and seal shall appear on all Drawingsresponsible for taking field dimensions, calculationsproviding tests, Specifications, certifications, shop drawings and other submittals prepared by the Designer. Shop drawings and other submittals obtaining required permits related to the Subcontract Work designed or certified and affidavits, ordering of materials, and all other actions as required to meet the Progress Schedule.
3.3 INCONSISTENCIES AND OMISSIONS The Subcontractor shall examine and compare the drawings, specifications, other Subcontract Documents, and information furnished by the Designer, if prepared by others, shall bear Subcontractor’s Owner relative to the Subcontract Work. Such examination and the Designer’s written approvals when submitted to Applicable Xxxxx Entity Applicable Xxxxx Entity comparison shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.
(A) Except as otherwise provided in the Prime Contract and this Section, Subcontractor and its Designers shall be deemed the authors and owners of their Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Drawings and Specifications to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of Subcontractor and its Designers.
(B) Owner and Xxxxx hold a nonexclusive, transferable, perpetual, and unconditional license to use, reproduce, and make derivative works from the Drawings and Specifications solely for purposes such as financing, constructing, using, altering, expanding, promoting, and maintaining the Project before, during, and after Project completion. Subcontractor must obtain similar licenses for the benefit purpose of the Owner and Xxxxx from its Designers. Owner and Xxxxx, and their successors and assigns, may freely assign, delegate, and sublicense such license. The license granted under this Section permits the Owner and Danis to authorize other subcontractors as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Drawings and Specifications solely and exclusively for use in performing services or construction for the Project.
(C) The Design Professional may use any of the constituent parts of the Drawings and Specifications on any other project, except for any unique or distinctive architectural components or effects which, taken independently or in combination, would produce a project with substantially similar and distinctive features as the Project.
(D) If the Owner or Xxxxx provide the Subcontractor or Subcontractor’s Designer with any computer-assisted drawing files, infrastructure management data, or any other electronic data for use in their design of the Project, Subcontractor and Subcontractor’s Designers shall release, indemnify, and hold harmless the Owner and Xxxxx, their consultants, assigns, and sublicensees against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the use of such
2.5 If the Designer is an independent professional, Subcontractor shall notify Applicable Xxxxx Entity in writing, prior to the commencement of the Designer’s services, of the name and address of the Designer. Such design services shall be procured pursuant to a separate agreement between Subcontractor and the Designer. The Subcontractor- Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Section 30. Subcontractor shall notify Applicable Xxxxx Entity in writing if it intends to change the Designer. In all events Subcontractor shall be responsible for conformance of facilitating the Subcontract Work and not for the discovery of errors, inconsistencies, or omissions in the Subcontract Documents nor for ascertaining if the Subcontract Documents are in accordance with Laws. The Subcontractor shall not have liability for errors, omissions, or inconsistencies discovered under this subsection unless the information given and Subcontractor knowingly fails to report a recognized problem to the design concept expressed Constructor. Should the Subcontractor discover any errors, inconsistencies, or omissions in the Subcontract Documents, the Subcontractor shall promptly report such discoveries to the Constructor in writing as outlined in the prime agreement. Following receipt of written notice, the Constructor shall promptly instruct the Subcontractor as to the measures to be taken, and the Subcontractor shall comply with the Constructor's instructions. If the Subcontractor performs work knowing it to be contrary to Laws without notice to the Constructor and advance approval by appropriate authorities, including the Constructor, the Subcontractor shall assume responsibility for such work and bear all associated costs, charges, fines, penalties, fees, and expenses necessarily incurred to remedy the violation. The Subcontractor may be entitled to additional costs or time because of clarifications or instructions arising out of the Subcontractor's reports described in this section. Nothing in this section shall relieve the Subcontractor of responsibility for its own errors, inconsistencies, and omissions.
2.6 3.4 WORKSITE VISITATION Before commencing the Subcontract Work, the Subcontractor shall conduct a visual inspection of the Worksite to become generally familiar with local conditions and to correlate Worksite observations with the Subcontract Documents. If the Subcontractor discovers any discrepancies between its Worksite observations and the Subcontract Documents, such discrepancies shall be promptly reported to the Constructor.
3.5 INCREASED COSTS OR TIME The Subcontractor may assert a claim if the Constructor's clarifications or instructions in responses to requests for information are believed to require additional time or cost. If the Subcontractor fails to perform the reviews and comparisons required in sections 3.3 and 3.4, to the extent the Constructor is held liable to the Owner because of the Subcontractor's failure, the Subcontractor shall pay the costs and damages to the Constructor that would have been avoided if the Subcontractor had performed those obligations.
3.6 COMMUNICATIONS Unless otherwise provided in the Subcontract Documents and except for emergencies, the Subcontractor shall direct all communications related to the Project to Applicable Xxxxx Entitythe Constructor.
Appears in 1 contract
Samples: Subcontract Agreement
SUBCONTRACTOR’S RESPONSIBILITIES. 2.1 The Subcontract Subcontractor shall adequately furnish and secure all labor, material, taxes, services, equipment, tools, materials, storage, permits, licenses and inspections, shop drawings/submittals as required by the Contractor, and safety equipment in order to provide and perform complete, fully functional Work. Subcontractor shall comply with all applicable laws, statutes, ordinances, rules and regulations relating to the performance of Subcontractor’s Work, including but not limited to immigration, environmental, tax, social security, unemployment, insurance, safety and workers’ compensation requirements. Subcontractor shall perform all Work includesin a timely manner so as not to delay Contractor, the Project, or the work of others at the Project site. Subcontractor shall protect the work of others and property at the Project site from damage caused by Subcontractor’s operation and shall be responsible to immediately correct and repair any damage, at its cost, should any occur. Subcontractor is fully responsible for, and shall ensure, the safety of persons and property in connection with its COLONIALWEBB CONTRACTORS CO 0000 XXXXXX XXX RICHMOND, VA 23228 Work. Subcontractor shall not create or allow, and shall promptly report to Contractor and be fully responsible for, any unsafe conditions relating to its Work and shall comply with all applicable safety laws, regulations, and ordinances. Subcontractor agrees to comply with the safety requirements and protocols stated in Contractor’s companywide safety programs, including without limitation, Contractor's Safety Manual. Subcontractor further agrees to comply with the Project’s site specific safety program. Subcontractor agrees to comply with all safety requirements and protocols established by the Owner or General Contractor for the Project. Subcontractor also agrees to prepare for, attend and participate in all Project programs and meetings addressing safety issues, including orientations sessions, tool box safety training meetings, compliance reviews and jobsite inspections by Contractor’s Safety Inspector. Unsafe performance and/or lack of adherence to the safety program can result in immediate action by Contractor, Prime Contractor or Owner which may include but is not limited toto removal of Subcontractor’s personnel, such cessation of Subcontractor’s work, suspension of payment, and termination of Subcontractor. Equipment furnished by the Lessor shall be safe for ordinary use and shall confirm to all the requirements of the following as may be necessary Occupational Safety & Health Act (OSHA) and all other applicable Federal, State, and Local laws, regulations, and rules relating to perform safety. The equipment shall also meet the standards of the American National Safety Institute (ANSI). Subcontractor shall continuously keep its work areas free, clean, and complete the Subcontract Work: neat of all plantwaste materials and trash created through its work. Subcontractor shall remove daily from its work location all waste materials, materialstrash, tools, equipment (whether equipment, surplus materials. Subcontractor will reimburse Contractor for temporary or permanent use)any expenses incurred to keep the job clean and clear of all debris and rubbish resulting from Subcontractor's failure to comply with this section, scaffolding, supplies, transportation cartage, loading, hoisting, forms, patterns, models, shop drawings, measurements and other facilities; all labor, work, supervision, cutting; patching, cleaning, temporary construction, protection and other services; and all insurance, warranties, taxes, benefits, royalties, temporary utilities and other related including any reasonable portion of costs except as otherwise provided in this Agreement. It is intended that the Subcontract Work include all work and things necessary to produce a completed job in all respects, and including all warranties required allocated by the
2.2 Subcontractor shall perform the Subcontract Work in accordance with the requirements of this Agreement and the Subcontract DocumentsContractor for clean-up. Subcontractor is bound to Applicable Xxxxx Entity by fully responsible for all of Hazardous Materials that it creates or releases in connection with, or brings to, the terms and provisions of the Subcontract Documents related to each Applicable Xxxxx Entity and assumes toward each such Applicable Xxxxx Entity all of the duties, obligations and responsibilities that Applicable Xxxxx Entity by the Subcontract Documents assumes toward Owner. Subcontractor further agrees that Applicable Xxxxx Entity shall have the benefit of all rights, remedies and redress against Subcontractor that Owner under the Prime Contract, has against Applicable Xxxxx EntityProject. Subcontractor shall provide applicable portions of immediately report to Contractor any Hazardous Materials which it discovers or which are released at the Subcontract Documents to its subcontractors, material suppliers, and Designers and shall assure that each of its subcontractors, material suppliers, and Designers assumes toward Subcontractor all of the duties, obligations and responsibilities that Subcontractor by the Subcontract Documents assumes toward Applicable Xxxxx EntityProject. Applicable Xxxxx Entity is an intended third-party beneficiary of each of Subcontractor’s agreements with its subcontractors, material suppliers, and Designers with respect to the applicable Work Order, and is entitled to enforce any rights thereunder for its benefit.
2.3 Subcontractor shall not deviate from the Subcontract Documents or substitute materials Hazardous Material means asbestos; asbestos containing material; lead (including "or equal" materials) without the issuance of a written change order by Applicable Xxxxx Entity Subcontractor shall be liable for any additional cost to Applicable Xxxxx Entity or others resulting from any deviations or substitutions.
2.4 If the Subcontract Documents (A) require Subcontractor to provide design services or (B) specify design and performance criteria relating to the Subcontract Work, Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by Subcontractor shall be procured from licensed design professionals retained by Subcontractor as permitted by the law of the place where the Project is located (the “Designer”lead-based paint). The Designer’s signature and seal shall appear on all Drawings, calculations, Specifications, certifications, shop drawings and other submittals prepared by the Designer. Shop drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear Subcontractor’s and the Designer’s written approvals when submitted to Applicable Xxxxx Entity Applicable Xxxxx Entity shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.
(A) Except as otherwise provided in the Prime Contract and this Section, Subcontractor and its Designers shall be deemed the authors and owners of their Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Drawings and Specifications to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of Subcontractor and its Designers.
(B) Owner and Xxxxx hold a nonexclusive, transferable, perpetual, and unconditional license to use, reproduce, and make derivative works from the Drawings and Specifications solely for purposes such as financing, constructing, using, altering, expanding, promoting, and maintaining the Project before, during, and after Project completion. Subcontractor must obtain similar licenses for the benefit of the Owner and Xxxxx from its Designers. Owner and Xxxxx, and their successors and assigns, may freely assign, delegate, and sublicense such license. The license granted under this Section permits the Owner and Danis to authorize other subcontractors as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Drawings and Specifications solely and exclusively for use in performing services or construction for the Project.
(C) The Design Professional may use any of the constituent parts of the Drawings and Specifications on ; PCB; molds; any other projectchemical, except for any unique or distinctive architectural components or effects which, taken independently or in combination, would produce a project with substantially similar and distinctive features as the Project.
(D) If the Owner or Xxxxx provide the Subcontractor or Subcontractor’s Designer with any computer-assisted drawing files, infrastructure management datamaterial, or substance subject to regulation as a hazardous material, hazardous substance, toxic substance, or otherwise, under applicable federal, state, or local law; and any other electronic data for use in their design of chemical, material, or substance that may have adverse effects on human health or the Project, Subcontractor and Subcontractor’s Designers shall release, indemnify, and hold harmless the Owner and Xxxxx, their consultants, assigns, and sublicensees against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the use of such
2.5 If the Designer is an independent professional, Subcontractor shall notify Applicable Xxxxx Entity in writing, prior to the commencement of the Designer’s services, of the name and address of the Designer. Such design services shall be procured pursuant to a separate agreement between Subcontractor and the Designer. The Subcontractor- Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Section 30. Subcontractor shall notify Applicable Xxxxx Entity in writing if it intends to change the Designer. In all events Subcontractor shall be responsible for conformance of the Subcontract Work with the information given and the design concept expressed in the Subcontract Documentsenvironment.
2.6 Unless otherwise provided in the Subcontract Documents and except for emergencies, Subcontractor shall direct all communications related to the Project to Applicable Xxxxx Entity
Appears in 1 contract
Samples: Purchase Order
SUBCONTRACTOR’S RESPONSIBILITIES. 2.1 The Subcontract Work includes, but is not limited to, such of the following as may be necessary to perform and complete the Subcontract Work: all plant, materials, tools, equipment (whether for temporary or permanent use), scaffolding, supplies, transportation cartage, loading, hoisting, forms, patterns, models, shop drawings, measurements and other facilities; all labor, work, supervision, cutting; patching, cleaning, temporary construction, protection and other services; and all insurance, warranties, taxes, benefits, royalties, temporary utilities and other related costs except as otherwise provided in this Agreement. It is intended that the Subcontract Work include all work and things necessary to produce a completed job in all respects, and including all warranties required ; no Claim shall be made by theSubcontractor based upon a change in the scope of the Subcontract Work if such work was set forth in or reasonably implied by this Agreement or the Subcontract Documents.
2.2 Subcontractor shall perform the Subcontract Work in accordance with the requirements of this Agreement and the Subcontract Documents. Subcontractor is bound to Applicable Xxxxx Entity Brumbaugh by all of the terms and provisions of the Subcontract Documents related to each Applicable Xxxxx Entity and assumes toward each such Applicable Xxxxx Entity Xxxxxxxxx all of the duties, obligations and responsibilities that Applicable Xxxxx Entity Xxxxxxxxx by the Subcontract Documents assumes toward the Owner. Subcontractor further agrees that Applicable Xxxxx Entity Xxxxxxxxx shall have the benefit of all rights, remedies and redress against Subcontractor that Owner under the Prime Contract, has against Applicable Xxxxx Entity. Subcontractor shall provide applicable portions of the Subcontract Documents to its subcontractors, material suppliers, and Designers and shall assure that each of its subcontractors, material suppliers, and Designers assumes toward Subcontractor all of the duties, obligations and responsibilities that Subcontractor by the Subcontract Documents assumes toward Applicable Xxxxx Entity. Applicable Xxxxx Entity is an intended third-party beneficiary of each of Subcontractor’s agreements with its subcontractors, material suppliers, and Designers with respect to the applicable Work Order, and is entitled to enforce any rights thereunder for its benefit.all
2.3 Subcontractor shall not deviate from the Subcontract Documents or substitute materials (including "or equal" materials) without the issuance of a written change order by Applicable Xxxxx Entity Xxxxxxxxx. Subcontractor shall be liable for any additional cost to Applicable Xxxxx Entity Xxxxxxxxx or others resulting from any deviations or substitutions.
2.4 If the Subcontract Documents (A) require Subcontractor to provide design services or (B) specify design and performance criteria relating to the Subcontract Work, Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by Subcontractor shall be procured from licensed design professionals retained by Subcontractor as permitted by the law of the place where the Project is located (the “Designer”). The Designer’s signature and seal shall appear on all Drawingsdrawings, calculations, Specificationsspecifications, certifications, shop drawings and other submittals prepared by the Designer. Shop drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear Subcontractor’s and the Designer’s written approvals when submitted to Applicable Xxxxx Entity Applicable Xxxxx Entity Xxxxxxxxx. Xxxxxxxxx shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.
(A) Except as otherwise provided in the Prime Contract and this Section, Subcontractor and its Designers shall be deemed the authors and owners of their Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Drawings and Specifications to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of Subcontractor and its Designers.
(B) Owner and Xxxxx hold a nonexclusive, transferable, perpetual, and unconditional license to use, reproduce, and make derivative works from the Drawings and Specifications solely for purposes such as financing, constructing, using, altering, expanding, promoting, and maintaining the Project before, during, and after Project completion. Subcontractor must obtain similar licenses for the benefit of the Owner and Xxxxx from its Designers. Owner and Xxxxx, and their successors and assigns, may freely assign, delegate, and sublicense such license. The license granted under this Section permits the Owner and Danis to authorize other subcontractors as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Drawings and Specifications solely and exclusively for use in performing services or construction for the Project.
(C) The Design Professional may use any of the constituent parts of the Drawings and Specifications on any other project, except for any unique or distinctive architectural components or effects which, taken independently or in combination, would produce a project with substantially similar and distinctive features as the Project.
(D) If the Owner or Xxxxx provide the Subcontractor or Subcontractor’s Designer with any computer-assisted drawing files, infrastructure management data, or any other electronic data for use in their design of the Project, Subcontractor and Subcontractor’s Designers shall release, indemnify, and hold harmless the Owner and Xxxxx, their consultants, assigns, and sublicensees against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the use of such
2.5 If the Designer is an independent professional, Subcontractor shall notify Applicable Xxxxx Entity Xxxxxxxxx in writing, prior to the commencement of the Designer’s services, of the name and address of the Designer. Such design services shall be procured pursuant to a separate agreement between Subcontractor and the Designer. The Subcontractor- Subcontractor-Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Section 30. Subcontractor shall notify Applicable Xxxxx Entity Xxxxxxxxx in writing if it intends to change the Designer. In all events Subcontractor shall be responsible for conformance of the Subcontract Work with the information given and the design concept expressed in the Subcontract Documents.
2.6 Unless otherwise provided in the Subcontract Documents and except for emergencies, Subcontractor shall direct all communications related to the Project to Applicable Xxxxx EntityBrumbaugh.
Appears in 1 contract
Samples: Master Trade Agreement
SUBCONTRACTOR’S RESPONSIBILITIES. 2.1 The Execution of the Work: Unless otherwise provided in Attachment B, Subcontractor shall furnish all permits (other than the general building permit), licenses, royalties, franchise fees, patent fees or fees of every kind; all temporary structures, scaffolds, lights, power, utilities, hoists, equipment, fuel, expendable supplies, shelters, building protection or fire protection; and other facilities of every type and description required for the safe, proper, efficient, and expeditious execution of Subcontractor’s portion of the work. Subcontractor shall obtain Xxxxxxx’x approval prior to locating any temporary structures on site. Subcontract Work includesNo.18001-0000 XXXXXXX CORPORATION-CORE If Subcontractor uses any of the equipment or facilities of Tarlton, it shall pay a fair proportion of the cost thereof. Subcontractor agrees that they are fully informed regarding all conditions affecting the work, material, equipment, apparatus and labor to be furnished for completion of this Subcontract; and also agrees and certifies that its information was obtained by personal investigation and research and not from any estimates or representations of any officer, agent or employee of Tarlton (whether written or oral). Subcontractor shall independently determine and verify all field measurements, field construction criteria, etc., as required to accomplish, erect and complete the work requirements. If the schedule does not allow for the verification of field dimensions, Subcontractor shall clearly delineate which dimensions are critical for proper installation of the fabricated items on the shop drawing submitted for review and the corresponding submittal transmittal. Subcontractor shall prepare shop drawings, samples and all “submittals” for review and/or approval as required by and in accordance with the Contract Documents. Receipt of submittals marked “approved” or “reviewed” does not relieve Subcontractor of their obligation to comply with the Contract Documents. Any deviations from the Contract Documents shall be clearly noted on the submittal and referred to in the submittal transmittal. Subcontractor shall cooperate with Tarlton (and other subcontractors whose work might depend on or interfere with Subcontractor’s work) and prepare or participate in the preparation of coordination drawings or models in areas of congestion as required by the Contract Documents, Attachment B or as necessary for the timely and safe execution of the work. Subcontractor shall advise Tarlton in writing as soon as possible of any known interferences or areas of concern. Subcontractor shall comply with all Federal, State and local laws, codes and ordinances applying to the building or structure. Subcontractor is responsible for notifying the appropriate authorities and scheduling all inspections associated with their work. All inspections shall be scheduled in coordination with the short-term and overall project schedule and shall be communicated with Tarlton. Subcontractor shall furnish periodic progress reports of the work as mutually agreed, including, but is not limited to, such of the following daily work logs; minority or disadvantaged business participation; shop drawing preparation, material delivery, and fabrication and/or erection schedules; and shall allow Tarlton or their designated agents to inspect work in progress as may be necessary to perform and complete verify compliance with the Subcontract Work: project requirements. Subcontractor agrees to deposit all planttrash, rubbish, packing materials, toolscrating materials and any other debris generated by their activities in trash receptacles provided by Tarlton. On-site trash receptacles shall be at a location designated by Xxxxxxx’x Project Management and provided at no cost to Subcontractor. Tarlton will be responsible for hauling to dump and dump fees. The “clean-up” effort is to be performed on an “as needed” basis and consistent with the project requirements. Debris will not be allowed to accumulate and Subcontractor has the duty and responsibility to maintain a safe, equipment (whether for temporary or permanent use), scaffolding, supplies, transportation cartage, loading, hoisting, forms, patterns, models, shop drawings, measurements and other facilities; all labor, work, supervision, cutting; patching, cleaning, temporary construction, protection and other services; and all insurance, warranties, taxes, benefits, royalties, temporary utilities and other related costs except as otherwise provided in this Agreement. It is intended that the Subcontract Work include all work and things necessary to produce a completed job in all respectsclean, and including all warranties required by the
2.2 orderly work area that is compliant with OSHA standards (at the minimum). If these clean-up requirements are not met, Subcontractor shall grants Tarlton the right to perform any clean-up work it deems necessary and backcharge the responsible parties for these costs. Tarlton will attempt to provide 24-hour notice prior to performing any clean-up; however, Tarlton reserves the right to perform the clean-up work immediately if necessary at its sole discretion for safety reasons. Refer to Attachment F for project specific requirements. Subcontractor will be responsible for the removal and disposal of all hazardous materials Subcontract Work in accordance No.18001-0000 XXXXXXX CORPORATION-CORE conjunction with the requirements work. At no time shall Subcontractor be allowed to dispose of hazardous materials in Tarlton furnished trash receptacles. Refer to Attachment F for project specific requirements. Subcontractor agrees that if they fail to prosecute the work diligently and properly, or fail to perform any other provision of this Agreement Subcontract, Tarlton may, after three (3) days written notice to the Subcontractor and the Subcontract Documents. Subcontractor is bound to Applicable Xxxxx Entity by all of the terms and provisions of the Subcontract Documents related to each Applicable Xxxxx Entity and assumes toward each such Applicable Xxxxx Entity all of the duties, obligations and responsibilities that Applicable Xxxxx Entity by the Subcontract Documents assumes toward Owner. Subcontractor further agrees that Applicable Xxxxx Entity shall have the benefit of all rights, remedies and redress against Subcontractor that Owner under the Prime Contract, has against Applicable Xxxxx Entity. Subcontractor shall provide applicable portions of the Subcontract Documents to its subcontractors, material suppliers, and Designers and shall assure that each of its subcontractors, material suppliers, and Designers assumes toward Subcontractor all of the duties, obligations and responsibilities that Subcontractor by the Subcontract Documents assumes toward Applicable Xxxxx Entity. Applicable Xxxxx Entity is an intended third-party beneficiary of each of Subcontractor’s agreements with its subcontractorssubsequent failure to cure the deficiencies, material suppliersand, without prejudice to any other remedy it may have, correct the deficiencies and Designers with respect to deduct the applicable Work Order, and is entitled to enforce cost incurred from any rights thereunder for its benefit.
2.3 Subcontractor shall not deviate from payment then or thereafter due the Subcontract Documents or substitute materials (including "or equal" materials) without the issuance of a written change order by Applicable Xxxxx Entity Subcontractor. Subcontractor shall be liable for any additional cost costs incurred by Tarlton that are not recovered by Tarlton by deductions against the unpaid Subcontract balance. Xxxxxxx’x election not to Applicable Xxxxx Entity deduct all or others resulting any portion of its costs from any deviations the unpaid Subcontract balance shall not be a waiver of Xxxxxxx’x right to recover said sums from Subcontractor. Subcontractor shall complete all work to the final approval of Tarlton, the Architect/Engineer or substitutions.
2.4 If the Subcontract Documents (A) require Subcontractor to provide design services or (B) specify design and performance criteria Owner’s authorized agent. Their decisions in matters relating to artistic effect shall be final so long as they are consistent with the Subcontract Work, Contract Documents. Subcontractor shall provide the design services take all necessary precautions to satisfactorily complete the Subcontract Work. Design services provided by Subcontractor shall be procured from licensed design professionals retained by Subcontractor as permitted by the law of the place where the Project is located (the “Designer”). The Designer’s signature and seal shall appear on all Drawings, calculations, Specifications, certifications, shop drawings and other submittals prepared by the Designer. Shop drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear Subcontractor’s properly protect its work and the Designer’s written approvals when submitted to Applicable Xxxxx Entity Applicable Xxxxx Entity finished work of other trades while on site and shall notify Tarlton in writing should they not be entitled to rely upon the adequacy, accuracy on site and completeness leave finished work or materials unprotected. Subcontractor guarantees its work against all defects of the services, certifications or approvals performed by the Designer.
(A) Except materials and/or workmanship and as otherwise provided in the Prime Contract and this SectionDocuments. If a guarantee is not mentioned in the Contract Documents, then Subcontractor and guarantees its Designers shall be deemed work for a period of not less than one year from the authors and owners date of their Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution total acceptance of Drawings and Specifications to meet official regulatory requirements or for similar purposes in connection with the Project by the Owner. This guarantee is not to be construed as publication in derogation a limitation of the reserved Xxxxxxx’x rights of Subcontractor and its Designers.
(B) Owner and Xxxxx hold a nonexclusive, transferable, perpetual, and unconditional license to use, reproduce, and make derivative works from the Drawings and Specifications solely for purposes such as financing, constructing, using, altering, expanding, promoting, and maintaining the Project before, during, and after Project completion. Subcontractor must obtain similar licenses for the benefit of the Owner and Xxxxx from its Designers. Owner and Xxxxx, and their successors and assigns, may freely assign, delegate, and sublicense such license. The license granted under this Section permits the Owner and Danis to authorize other subcontractors as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Drawings and Specifications solely and exclusively for use in performing services or construction for the Project.
(C) The Design Professional may use any of the constituent parts of the Drawings and Specifications on any other project, except remedies for any unique or distinctive architectural components or effects which, taken independently or in combination, would produce a project with substantially similar and distinctive features as the Project.
(D) If the Owner or Xxxxx provide the Subcontractor or breach of Subcontractor’s Designer with any computer-assisted drawing filesobligations under the Contract Documents, infrastructure management data, express or any other electronic data for use in their design of the Project, Subcontractor and Subcontractor’s Designers shall release, indemnify, and hold harmless the Owner and Xxxxx, their consultants, assigns, and sublicensees against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the use of such
2.5 If the Designer is an independent professional, Subcontractor shall notify Applicable Xxxxx Entity in writing, prior to the commencement of the Designer’s services, of the name and address of the Designer. Such design services shall be procured pursuant to a separate agreement between Subcontractor and the Designer. The Subcontractor- Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Section 30implied. Subcontractor shall notify Applicable Xxxxx Entity not be relieved of its obligation to perform its work in writing if it intends accordance with the Contract Documents by tests, inspections, or approvals of its work by any person or entity; including, but not limited to, Tarlton, the Owner, and the Architect/Engineer. Subcontractor shall provide a full time competent Superintendent/Xxxxxxx capable of making decisions in regards to change the Designerscope, cost and schedule. In The Superintendent/Xxxxxxx shall be onsite whenever work covered by this subcontract is being performed (i.e. whenever Subcontractor's employees and/or Subcontractor's lower tier contractors are on site). Superintendent/Xxxxxxx shall be present at all events project coordination meetings while on site or when Subcontractor's work is being discussed. Subcontractor shall be responsible for conformance of the Subcontract Work all printing and reproduction costs associated with the issue of any Contract Documents, updates, addenda, CBs, ASIs, sketches, RFIs, or other information given provided by the General Contractor or Design Team. Subcontractor shall ensure its installers and vendors are provided the design concept expressed in the Subcontract latest information and Contract Documents.
2.6 Unless otherwise provided in the Subcontract Documents . Lower Tier Contractors and except for emergenciesSuppliers: Within 10 days of notice of award via letter of intent or this Subcontract, Subcontractor shall direct provide Tarlton with a list of all communications related lower tier contractors and/or suppliers of any sort that will be supplying labor, materials, and equipment to the Project on behalf of Subcontractor. Tarlton reserves the right to Applicable Xxxxx Entityreject any lower tier contractors. Should this right be exercised, the only relief for Subcontractor shall be an increase to the contract sum equal to the differential between the bids of the replaced and the new lower tier contractors. Subcontractor shall not (a) assign this Subcontract or any amounts due or to become due under this Subcontract without the written consent of Tarlton; (b) subcontract the whole of Subcontract No.18001-0000 XXXXXXX CORPORATION-CORE contract without the written consent of Tarlton; nor (c) further subcontract any portion of this Subcontract without written notification to Tarlton If at any time there is evidence of a lien (for which if established the Owner or Tarlton might become liable) which in any way relates to, or is claimed in any way to relate to, the work to be performed by Subcontractor, Tarlton shall have the right to retain, out of any payments currently due or that will become due in the future, an amount sufficient to completely indemnify and protect Tarlton and the Owner against such lien; including attorney’s fees. If there are not sufficient unpaid monies due under this Subcontract to reimburse Tarlton for any amounts paid to satisfy any such lien, plus attorney’s fees incurred by Tarlton and/or the Owner, Subcontractor shall immediately pay Tarlton the unreimbursed amount. In the event that a lien is filed, Subcontractor shall promptly remove or discharge the lien by bonding, payment or other means of settlement. If Subcontractor fails to remove or discharge the lien, or to provide adequate security to Tarlton, the Owner and any Project lenders against the lien, within the lesser of three (3) calendar days or as stipulated in the Contract Documents, after delivery of written notice, Tarlton shall, in addition to its other rights hereunder, have the right to remove and discharge the lien in order to protect its interest and the interests of the Owner and any Project lenders. Subcontractor shall be responsible for all costs incurred by Tarlton and/or the Owner and Project lenders, including attorney’s fees. Subcontractor agrees that any work performed for Subcontractor by a lower tier contractor or supplier, shall be pursuant to a written subcontract or purchase order between the Subcontractor and each lower tier contractor or supplier. The written agreement shall contain provisions that: Require the work be performed in accordance with all of the requirements and terms of the Contract Documents. Waive all rights the contracting parties may have against one another as stated in 10.1 (Dispute Resolution). Require the lower tier contractor/supplier to carry and maintain liability insurance in accordance with the Contract Documents and Attachment E. Labor Relations: Subcontractor recognizes that Tarlton is signatory to Collective Bargaining Agreements with the trades listed in Attachment F. To the extent that Subcontractor employs any of the same trades on the Project, Subcontractor shall abide by all of the applicable terms and conditions (including wages and fringe benefits) contained in the appropriate Collective Bargaining Agreements. Subcontractor will require their lower tier contractors, if any, to comply in a similar manner. Subcontractor shall comply with all federal, state and local prevailing wage, tax, social security, unemployment compensation, and worker’s compensation laws as applicable to the performance of this subcontract. Subcontract No.18001-0000 XXXXXXX CORPORATION-CORE To the extent permitted by law, Subcontractor shall employ labor that will work harmoniously with other labor employed on the Project or at the Project Site but under separate contract. Subcontractor shall not cause, in whole or in part, any work stoppage on the Project. Failure of Subcontractor’s employees to recognize legally established and maintained construction gates and continue with their work shall not be cause for extension of Subcontractor’s schedule. Subcontractor’s employees are expected to report to work during any hand-billing, substandard wage or jurisdictional picketing. Subcontractor’s employees shall continue to work during any other picket determined to be unlawful by the National Labor Relations Board. Subcontractor shall execute and comply with all labor agreements if required by the Contract Documents. Refer to Attachment F. Subcontractor shall abide by any federal, state, or local equal opportunity guidelines with respect to the management of their employees. Subcontractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, or disability or any other unlawful employment practices. If required by the Contract Documents, Subcontractor shall comply with the Federal requirements as outlined in Attachment G. Subcontractor shall not knowingly employ illegal aliens in the completion of the work. In executing this Subcontract, Subcontractor certifies that they have verified the legal employment status via “E-verify” or some other method as required by the contract documents or by legal entity having jurisdiction over the project. Subcontractor will insure that their lower tier contractors and suppliers will comply in a similar manner. Tarlton assumes toward Subcontractor all obligations and responsibilities that the Owner, by the Contract Documents, assumes toward Tarlton, as applicable to this Subcontract. Except in the case of a safety infraction or immediate danger, Tarlton shall not issue any instructions, orders or directions directly to employees or workmen of Subcontractor other than to the persons designated as the authorized representative(s) of Subcontractor. Tarlton agrees that claims for services rendered or materials furnished (i.e. backcharges) by Tarlton to Subcontractor shall not be valid unless written notice of the existence of a claim is given by Tarlton to Subcontractor within 30 days of the date when the claim originated. Tarlton shall give Subcontractor an opportunity to be present and to submit evidence in any arbitration or other legal proceedings involving Subcontractor’s rights. If requested, Tarlton shall assist Subcontractor in verification of the Owner’s ability to pay for the work under this Subcontract. Subcontractor must work through Tarlton in securing this information. On request from Subcontractor, Tarlton will request the early release of retention (if held) from the Owner on behalf of Subcontractor in accordance with the Contract Documents and applicable law.
Appears in 1 contract
Samples: Subcontract Agreement
SUBCONTRACTOR’S RESPONSIBILITIES. 2.1 3.1 OBLIGATIONS The Subcontract Work includes, but is not limited to, such Constructor and the Subcontractor are hereby mutually bound by the terms of this Agreement. To the extent the terms of the following as may be necessary prime agreement apply to perform and complete the Subcontract Work: , then the Constructor hereby assumes toward the Subcontractor all plantthe obligations, materialsrights, toolsduties, equipment (whether for temporary or permanent use), scaffolding, supplies, transportation cartage, loading, hoisting, forms, patterns, models, shop drawings, measurements and other facilities; all labor, work, supervision, cutting; patching, cleaning, temporary construction, protection and other services; and all insurance, warranties, taxes, benefits, royalties, temporary utilities and other related costs except as otherwise provided in this Agreement. It is intended redress that the Subcontract Work include Owner under the prime agreement assumes toward the Constructor. In an identical way, the Subcontractor hereby assumes toward the Constructor all work and things necessary to produce a completed job in all respectsthe same obligations, rights, duties, and including all warranties required by theredress that the Constructor assumes toward the Owner and Design Professional under the prime contract. In the event of an inconsistency among the documents, the specific terms of this Agreement shall govern.
2.2 3.2 RESPONSIBILITIES The Subcontractor shall furnish its diligent efforts to perform the Subcontract Work in accordance an expeditious manner and to cooperate with the requirements Constructor so that the Constructor may fulfill its obligations to the Owner. The Subcontractor shall furnish all of this Agreement the labor, materials, equipment, and services, including but not limited to competent supervision, shop drawings, samples, tools, and scaffolding as are necessary for the proper performance of the Subcontract Work, all of which shall be provided in full accord with and reasonably inferable from the Subcontract Documents. Subcontractor is bound to Applicable Xxxxx Entity by all of the terms and provisions of the Subcontract Documents related to each Applicable Xxxxx Entity and assumes toward each such Applicable Xxxxx Entity all of the duties, obligations and responsibilities that Applicable Xxxxx Entity by the Subcontract Documents assumes toward Owner. Subcontractor further agrees that Applicable Xxxxx Entity shall have the benefit of all rights, remedies and redress against Subcontractor that Owner under the Prime Contract, has against Applicable Xxxxx Entity. Subcontractor shall provide applicable portions of the Subcontract Documents to its subcontractors, material suppliers, and Designers and shall assure that each of its subcontractors, material suppliers, and Designers assumes toward Subcontractor all of the duties, obligations and responsibilities that Subcontractor by the Subcontract Documents assumes toward Applicable Xxxxx Entity. Applicable Xxxxx Entity is an intended third-party beneficiary of each of Subcontractor’s agreements with its subcontractors, material suppliers, and Designers with respect to the applicable Work Order, and is entitled to enforce any rights thereunder for its benefit.
2.3 Subcontractor shall not deviate from the Subcontract Documents or substitute materials (including "or equal" materials) without the issuance of a written change order by Applicable Xxxxx Entity Subcontractor shall be liable for any additional cost to Applicable Xxxxx Entity or others resulting from any deviations or substitutions.
2.4 If the Subcontract Documents (A) require Subcontractor to provide design services or (B) specify design and performance criteria relating to the Subcontract Work, The Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by Subcontractor shall Constructor a list of its proposed subcontractors and suppliers, and be procured from licensed design professionals retained by Subcontractor as permitted by the law of the place where the Project is located (the “Designer”). The Designer’s signature and seal shall appear on all Drawingsresponsible for taking field dimensions, calculationsproviding tests, Specifications, certifications, shop drawings and other submittals prepared by the Designer. Shop drawings and other submittals obtaining required permits related to the Subcontract Work designed and affidavits, ordering of materials, and all other actions as required to meet the Progress Schedule.
3.2.1 If the Subcontractor uses any labor brokers or certified by temporary help agencies they shall comply with the Designer, if prepared by others, shall bear Subcontractor’s and the Designer’s written approvals when submitted to Applicable Xxxxx Entity Applicable Xxxxx Entity shall be entitled to rely upon the adequacy, accuracy and completeness provisions of the servicesImmigration Reform Act of 1986. In addition, certifications or approvals performed by the Designer.
(A) Except as otherwise provided in the Prime Contract and this Section, Subcontractor and its Designers any labor broker or temporary help agencies used for this project shall be deemed comply with all applicable state, federal and local laws requiring worker's compensation insurance coverage, the authors and owners payment of their Drawings and Specifications, and shall retain all common law, statutory and other reserved rightswages, including copyrights. Submission or distribution of Drawings overtime and Specifications to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of Subcontractor and its Designers.
(B) Owner and Xxxxx hold a nonexclusiveminimum wage, transferable, perpetual, and unconditional license to use, reproduce, and make derivative works from the Drawings and Specifications solely for purposes such as financing, constructing, using, altering, expanding, promoting, and maintaining the Project before, during, and after Project completion. Subcontractor must obtain similar licenses for the benefit of the Owner and Xxxxx from its Designers. Owner and Xxxxx, and their successors and assigns, may freely assign, delegate, and sublicense such license. The license granted under this Section permits the Owner and Danis to authorize other subcontractors as well as income tax withholding and Social Security and Medicare withholding and payment requirements. The practice of subcontractors or labor brokers assigning independent contractor status to employees to avoid worker's compensation insurance or benefits required by law will not be allowed.
3.2.2 The Subcontractor acknowledges and agrees to adhere to all quality control requirements of Attachment "QC" Quality Control On-Site Plan, Subcontractor's Responsibility.
3.3 INCONSISTENCIES AND OMISSIONS The Subcontractor shall examine and compare the Owner’s consultants drawings, specifications, other Subcontract Documents, and separate contractors, information furnished by the Owner relative to reproduce applicable portions of the Drawings Subcontract Work. Such examination and Specifications comparison shall be solely and exclusively for use in performing services or construction for the Project.
(C) The Design Professional may use any purpose of the constituent parts of the Drawings and Specifications on any other project, except for any unique or distinctive architectural components or effects which, taken independently or in combination, would produce a project with substantially similar and distinctive features as the Project.
(D) If the Owner or Xxxxx provide the Subcontractor or Subcontractor’s Designer with any computer-assisted drawing files, infrastructure management data, or any other electronic data for use in their design of the Project, Subcontractor and Subcontractor’s Designers shall release, indemnify, and hold harmless the Owner and Xxxxx, their consultants, assigns, and sublicensees against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the use of such
2.5 If the Designer is an independent professional, Subcontractor shall notify Applicable Xxxxx Entity in writing, prior to the commencement of the Designer’s services, of the name and address of the Designer. Such design services shall be procured pursuant to a separate agreement between Subcontractor and the Designer. The Subcontractor- Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Section 30. Subcontractor shall notify Applicable Xxxxx Entity in writing if it intends to change the Designer. In all events Subcontractor shall be responsible for conformance of facilitating the Subcontract Work and not for the discovery of errors, inconsistencies, or omissions in the Subcontract Documents nor for ascertaining if the Subcontract Documents are in accordance with Laws. The Subcontractor shall not have liability for errors, omissions, or inconsistencies discovered under this subsection unless the information given and Subcontractor knowingly fails to report a recognized problem to the design concept expressed Constructor. Should the Subcontractor discover any errors, inconsistencies, or omissions in the Subcontract Documents, the Subcontractor shall promptly report such discoveries to the Constructor in writing. Following receipt of written notice, the Constructor shall promptly instruct the Subcontractor as to the measures to be taken, and the Subcontractor shall comply with the Constructor's instructions. If the Subcontractor performs work knowing it to be contrary to Laws without notice to the Constructor and advance approval by appropriate authorities, including the Constructor, the Subcontractor shall assume responsibility for such work and bear all associated costs, charges, fines, penalties, fees, and expenses necessarily incurred to remedy the violation. The Subcontractor may be entitled to additional costs or time because of clarifications or instructions arising out of the Subcontractor's reports described in this section. Nothing in this section shall relieve the Subcontractor of responsibility for its own errors, inconsistencies, and omissions.
2.6 3.4 WORKSITE VISITATION Before commencing the Subcontract Work, the Subcontractor shall conduct a visual inspection of the Worksite to become generally familiar with local conditions and to correlate Worksite observations with the Subcontract Documents. If the Subcontractor discovers any discrepancies between its Worksite observations and the Subcontract Documents, such discrepancies shall be promptly reported to the Constructor.
3.5 INCREASED COSTS OR TIME The Subcontractor may assert a claim, as provide in Article 7, if the Constructor's clarifications or instructions in responses to requests for information are believed to require additional time or cost. If the Subcontractor fails to perform the reviews and comparisons required in sections 3.3 and 3.4, to the extent the Constructor is held liable to the Owner because of the Subcontractor's failure, the Subcontractor shall pay the costs and damages to the Constructor that would have been avoided if the Subcontractor had performed those obligations.
3.6 COMMUNICATIONS Unless otherwise provided in the Subcontract Documents and except for emergencies, the Subcontractor shall direct all communications related to the Project to Applicable Xxxxx Entitythe Constructor.
Appears in 1 contract
Samples: Subcontract Agreement
SUBCONTRACTOR’S RESPONSIBILITIES. 2.1 3.1 OBLIGATIONS The Subcontract Work includes, but is not limited to, such Constructor and the Subcontractor are hereby mutually bound by the terms of this Agreement. To the extent the terms of the following as may be necessary prime agreement apply to perform and complete the Subcontract Work: , then the Constructor hereby assumes toward the Subcontractor all plantthe obligations, materialsrights, toolsduties, equipment (whether for temporary or permanent use), scaffolding, supplies, transportation cartage, loading, hoisting, forms, patterns, models, shop drawings, measurements and other facilities; all labor, work, supervision, cutting; patching, cleaning, temporary construction, protection and other services; and all insurance, warranties, taxes, benefits, royalties, temporary utilities and other related costs except as otherwise provided in this Agreement. It is intended redress that the Subcontract Work include Owner under the prime agreement assumes toward the Constructor. In an identical way, the Subcontractor hereby assumes toward the Constructor all work and things necessary to produce a completed job in all respectsthe same obligations, rights, duties, and including all warranties required by theredress that the Constructor assumes toward the Owner and Design Professional under the prime contract. In the event of an inconsistency among the documents, the specific terms of this Agreement shall govern.
2.2 3.2 RESPONSIBILITIES The Subcontractor shall furnish its best skill and judgment to perform the Subcontract Work in accordance an expeditious manner and to cooperate with the requirements Constructor so that the Constructor may fulfill its obligations to the Owner. The Subcontractor shall furnish all of this Agreement the labor, materials, equipment, and services, including but not limited to competent supervision, shop drawings, samples, tools, and scaffolding as are necessary for the proper performance of the Subcontract Work, all of which shall be provided in full accord with and reasonably inferable from the Subcontract Documents. Subcontractor is bound to Applicable Xxxxx Entity by all of the terms and provisions of the Subcontract Documents related to each Applicable Xxxxx Entity and assumes toward each such Applicable Xxxxx Entity all of the duties, obligations and responsibilities that Applicable Xxxxx Entity by the Subcontract Documents assumes toward Owner. Subcontractor further agrees that Applicable Xxxxx Entity shall have the benefit of all rights, remedies and redress against Subcontractor that Owner under the Prime Contract, has against Applicable Xxxxx Entity. Subcontractor shall provide applicable portions of the Subcontract Documents to its subcontractors, material suppliers, and Designers and shall assure that each of its subcontractors, material suppliers, and Designers assumes toward Subcontractor all of the duties, obligations and responsibilities that Subcontractor by the Subcontract Documents assumes toward Applicable Xxxxx Entity. Applicable Xxxxx Entity is an intended third-party beneficiary of each of Subcontractor’s agreements with its subcontractors, material suppliers, and Designers with respect to the applicable Work Order, and is entitled to enforce any rights thereunder for its benefit.
2.3 Subcontractor shall not deviate from the Subcontract Documents or substitute materials (including "or equal" materials) without the issuance of a written change order by Applicable Xxxxx Entity Subcontractor shall be liable for any additional cost to Applicable Xxxxx Entity or others resulting from any deviations or substitutions.
2.4 If the Subcontract Documents (A) require Subcontractor to provide design services or (B) specify design and performance criteria relating to the Subcontract Work, The Subcontractor shall provide the design services necessary to satisfactorily complete the Subcontract Work. Design services provided by Subcontractor shall Constructor a list of its proposed subcontractors and suppliers, and be procured from licensed design professionals retained by Subcontractor as permitted by the law of the place where the Project is located (the “Designer”). The Designer’s signature and seal shall appear on all Drawingsresponsible for taking field dimensions, calculationsproviding tests, Specifications, certifications, shop drawings and other submittals prepared by the Designer. Shop drawings and other submittals obtaining required permits related to the Subcontract Work designed or certified and affidavits, ordering of materials, and all other actions as required to meet the Progress Schedule.
3.2.1 Constructor, being the Project Expediter for this project, shall set the working hours for this Project. It shall be the responsibility of this Subcontractor to abide by this schedule on a daily basis. Any deviation from this schedule shall first be approved by the DesignerConstructor's Project Superintendent. All trades are required to be on site the full work week while their scope of work is being performed. Shortened work weeks with extended hours will not be acceptable.
3.2.2 If Subcontractor's Work to be performed under the Subcontract Documents involves the employment or use of Sub- Subcontractors by the Subcontractor, if prepared by othersthen the Subcontractor will provide a full time on site representative to supervise the work of the Sub-Subcontractors and to coordinate all work of the Sub-Subcontractors with that of the Constructor, shall bear Subcontractor’s other Subcontractors, and/or Prime Constructors. All Sub-Subcontractors of Subcontractor of any tier must furnish evidence of adequate insurance and the Designer’s written approvals when workers compensation and name Constructor and Owner as additional insureds. Copies of these insurance certificates should be submitted to Applicable Xxxxx Entity Applicable Xxxxx Entity shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.
(A) Except as otherwise provided in the Prime Contract and this Section, Subcontractor and its Designers shall be deemed the authors and owners of their Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Drawings and Specifications to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of Subcontractor and its Designers.
(B) Owner and Xxxxx hold a nonexclusive, transferable, perpetual, and unconditional license to use, reproduce, and make derivative works from the Drawings and Specifications solely for purposes such as financing, constructing, using, altering, expanding, promoting, and maintaining the Project before, during, and after Project completion. Subcontractor must obtain similar licenses for the benefit of the Owner and Xxxxx from its Designers. Owner and Xxxxx, and their successors and assigns, may freely assign, delegate, and sublicense such license. The license granted under this Section permits the Owner and Danis to authorize other subcontractors as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Drawings and Specifications solely and exclusively for use in performing services or construction for the Project.
(C) The Design Professional may use any of the constituent parts of the Drawings and Specifications on any other project, except for any unique or distinctive architectural components or effects which, taken independently or in combination, would produce a project with substantially similar and distinctive features as the Project.
(D) If the Owner or Xxxxx provide the Subcontractor or Subcontractor’s Designer with any computer-assisted drawing files, infrastructure management data, or any other electronic data for use in their design of the Project, Subcontractor and Subcontractor’s Designers shall release, indemnify, and hold harmless the Owner and Xxxxx, their consultants, assigns, and sublicensees against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the use of such
2.5 If the Designer is an independent professional, Subcontractor shall notify Applicable Xxxxx Entity in writing, Constructor prior to the commencement lower tier Subcontractor performing any work on the site. Upon the request of the Designer’s servicesConstructor, of the name and address of the Designer. Such design services certificates shall be procured pursuant provided.
3.2.3 Before starting any Subcontract Work, the Subcontractor shall inspect all surfaces to a separate agreement between Subcontractor and the Designer. The Subcontractor- Designer agreement shall not provide for any limitation of liability or exclusion from participation in the multiparty proceedings requirement of Section 30be finished. Subcontractor shall notify Applicable Xxxxx Entity Constructor in writing if it intends of any unsuitability of surfaces for finishing. The commencing of Subcontract Work, or the absence of the notification in writing, shall be construed as acceptance of the surfaces by the Subcontractor. It shall be the responsibility of the Subcontractor to change correct any defects appearing in the Designer. In all events finished work thereafter.
3.2.4 Subcontractor shall submit a complete listing of the Subcontractor's Sub-Subcontractors of all tiers, including all material and/or labor suppliers. The list shall include the firm's name, contact person, phone numbers, Subcontract or material purchase date along with the anticipated delivery dates and material shipping points. If Subcontractor proposes to subcontract portions of the Subcontract Work, prior written approval of Constructor shall be required. Subcontractor shall remain responsible for conformance all performance of the Subcontract Work with the information given and the design concept expressed in all portions thereof that Subcontractor subcontracts. If approval is granted to allow portions of the Subcontract DocumentsWork to be subcontracted, Subcontractor's Sub-Subcontractors shall adhere to all rules and requirements as if such Sub-Subcontractors were under contract directly with Constructor.
2.6 Unless otherwise provided in the Subcontract Documents and except for emergencies, Subcontractor shall direct all communications related to the Project to Applicable Xxxxx Entity
Appears in 1 contract
Samples: Subcontract Agreement
