SUBCONTRACT AGREEMENT
STRUCTURAL STEEL/METAL DECK/SELECTIVE DENIOLITION
TRADE CONTRACT
BETWEEN XXXXXX XxXXXXXX BOVIS, INC.
&
U.S. BRIDGE OF NEW YORK, INC.
GRAND CENTRAL TERMINAL RESTORATION
RETAIL AREA
Agreement made this 15th day of May 1996 by and between XXXXXX XxXXXXXX BOVIS,
INC., with an office at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 herein
"Contractor") and US Bridge of New York Inc. with an office at 53~9 97th Place
Corona. New York l 1368 herein "Subcontractor"). The Owner is Metro North
Commuter Railroad , with an office located at 000 Xxxxxxx Xxxxxx. Xxx Xxxx XX
00000 herein "Owner"). The Developer is Grand Central Terminal Venture. Inc.,
with an office located at 000 Xxxx 00xx Xxxxxx Xxx Xxxx XX 00000 herein
Developer"). Contractor has been engaged by Developer regarding the construction
of a project generally described in Paragraph 1 hereof (11erein the "Project").
Contractor herewith engages Subcontractor to perform the work generally
described in Paragraph 3 hereof and Paragraph 1 10 of the General Conditions
attached hereto herein, collectively, the "Work"). Subcontractor hereby agrees
to perform the Work in accordance with all the documents set forth in Paragraph
5 hereof (11erein the "Contract Documents").
1.
The Project is the Grand Central Terminal Restoration I Retail at a site located
at Grand Central Station New York.
2. The "Architect/Engineer" is the firm of Beaver Blinder Belle 00
Xxxx x Xx Xxxxxx Xxx Xxxx XX 00000 I Xxxxxxx Coneland
Associates Ii Xxxx 00xx Xxxxxx Xxx Xxxx XX 00000
The Subcontractor shall provide and furnish all labor,
materials, tools, supplies, equipment, services, facilities,
supervision, administration, and all the items required by the
Contract Documents for the proper and complete performance and
acceptance of the following Work in strict accordance with the
Contract Documents:
Structural Steel Metal Deck Selective Demolition Work for Retail
4.
The Subcontractor shall be paid for the Work the sum of Three Million Three
Hundred & Nine Thousand & Thirty-three DOLLARS (S 3 309 033 00 I herein the
"Contract Price"). payment SHALL BE MADE ONLY FROM FUNDS ~HICH CONTRACTOR HAS
ACTUALLY RECEWED IN HAND F~OM THE DEVELOPER AND DESTGNATED BY DEVELOPER FQR
DISBURSE~NT TO SUBCONTRACTOR. SUBCONTRACTOR AGREES TO LOOK SOLELY TO SUCH FUNDS
FOR PAYMENT. SUBCONTRACTOR ~~~ERSTANDS AND AGREES THAT CONTRACTOR SHALL HAVE NO
LIABILITY OR RESPONSIBILITY FOR ANY REASON WHATSOEVER FOR ANY AMOUNTS DUE OR
CLA~ED TO BE DUF TO SUBCONTRACTOR EXCE?T TO THE EXTENT THAT CONTRACTOR ~AS
ACTUALLY RECEIVED FUNDS FROM DEVELOPER SPECIHCALLY DESIGNATED FOR DISBURSEMENT
TO SUBCONTRACTOR STIBCONTRACTOR ACKNOWLEDGES THAT CONTRACTOR HAS MADE NO
REPRESENT~ONS OR WARRANTIES REGARDING DEVELOPER'S FTNANCTA~. ABILITY TO PERFORM
THE SUBCONTRACTOR REPRESENTS THAT IT HAS INSPECTED THE PROJECT AND HAS S~SFIED
ITSELF AS
TO THE CONDITION THEREOF AND THAT THE CO~CT PRICE TS JUST AND
REASONABLE CONIPENS~ON FOR ALL THE WORK AND FOR The SUBCONTRACTOR'S
ASSUMPTION OF THE RISK OF ALL FORESEEN AND UNFORESEEN RISKS HA7ART)S.
AND DWFTCULTIES TN CONNE~ON with TFTF
PERFORMANCE OF THE WORK.
5. The Contract Documents, sometimes hereinafter referred to collectively as the
"Contract", are listed below and shall constitute the Contract.
This Subcontract
General Conditions
- Special Conditions
- The Drawings and Specifications listed on Exhibt A Exhibit B (general
scope of Subcontractor's Work) consisting of pages
Exhibit C (Insurance Requirements) consisting of five pages
exhibit D (Unit Prices) consisting of 3 pages (Note: the setting forth of
unit prices shall not be construed to require Contractor to engage Subcontractor
to perform the work for which unit prices are listed)
Exhibit E (Alternates) consisting of page
- Exhibit F (Bonding Requirements and Sample Bond Forms) consisting of ~
pages
- Exhibit G (MBE/WBE/ Affirmative Action Requirements
- Exhibit K (Tax Exemption)
The Subcontractor is bound by the terms of all Contract Documents.
6. Subcontractor shall furnish performance, and labor and material payment
bonds for one hundred percent (100%) of the Contract Price, said bonds
to be in form and with sureties satisfactory to Contractor. The
premiums on such bonds shall be paid by Subcontractor and are included
in the Contract Price.
7. TT~1tE IS OF THE ESSENCE in the commencement of the Work and the
performance of the Contract and the Work. Subcontractor shall be liable
for all direct and consequential damages arising out of any failure to
perform the Work in accordance with the terms and provisions of the
Contract.
8. Subcontractor acknowledges that it has reviewed the Contract Documents
and accepts them with full responsibility and liability for the
performance thereof, and neither Owner nor Developer nor Contractor
shall have responsibility or liability for the performance of the Work.
9. Notices, demands or requests shall be in writing, delivered in person
or mailed by registered or certified mail, postage prepaid, or by the
sending of a telegram addressed to the parties hereto at their
addresses above stated. Notices to the Subcontractor shall be to the
attention of Xxxx Xxxxx and to Contractor shall be to the attention of
its President and the person whom Contractor designates as the Project
Manager.
10. The Contract constitutes the entire agreement between
the parties. Subcontractor agrees that any Claims
against Contractor, irrespective of an alleged breach
by Contractor of the Contract, shall be based,
nonetheless, upon the Contract and the Contract Price,
and shall in no event be based upon an asserted fair
and reasonable value of the Work performed.
11. No representations or other agreements have been made
other than as set forth in the Contract, which may not
be changed, nor any term or provision thereof waived
except in writing signed by Contractor's duly
authorized agent or officer.
12. If Subcontractor is a partnership, limited partnership,
association or joint venture, the separate entities
which comprise Subcontractor shall be jointly and
severally bound by the terms and conditions of the
Contract Documents, and shall be jointly and severally
liable to Contractor, Developer and Owner for any
failure to perform the Work in strict accordance with
the Contract Documents.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
U.S. Bridge of New York. Inc.
Subcontractor
[Optional - to be used if Subcontractor is a Joint Venture]
By:
Name:
Title:
XXXXXX XXXXXXXX BOVIS, INC.
GENERAL CONDITIONS
INDEX
ARTICLES PAGE
ARTICLE 1 DEFINITIONS 1
ARTICLE 2 SUBCONTRACTOR'S CONTRACT DOCU~~IENTS 2
ARTICLE 3 ARCHITECT/ENGINEER; CO~~1UNICATIONS; COVERING/UNCOVERING
THE WORK/CUTTING AND PATCHING 4
ARTICLE 4 ACCESS 5
ARTICLE 5 SUBCONTRACTOR'S RESPONSIBILITIES 5
ARTICLE 6 DEFAULT OF SUBCONTRACTOR 9
ARTICLE 7 LEGAL REQUIREMENTS/SIMILAR MATTERS 10
ARTICLE 3 BUILDINGS MATERLLLS/EQUIPMENT/PROCESSES 11
ARTICLE 9 TESTING/INSPECTIONS 12
ARTICLE 10 GUARANTEES 13
ARTICLE 11 INDEMNIFICATION 13
ARTICLE 12 INSURANCE/BONDS 14
ARTICLE 13 TIME IS OF THE ESSENCE/SUBCONTRACTOR'S PROSECUTION OF THE
WORK/DELAY/OVERTIME 15
ARTICLE 14 SHOP DRAWINGS AND SAMPLES 16
ARTICLE 15 PROTECTION/SAFETY AND ACCIDENT PREVENTION/CQNSTRUCTION
PRACTICES AT THE SITE 13
ARTICLE 16 CORRECTION OF WORK 19
ARTICLE 17 ACCEPTANCE OF THE WORK/EARLY OCCUPANCY 20
ARTICLE 18 PAYMENTS/NO LIENS 20
ARTICLE 19 CHANGE ORDERS/CLAIMS FOR EXTRA COST/TIME EXTENSIONS 23
ARTICLE 20 TE~MINATION BY CONTRACTOR 25
ARTICLE 21 COOPERATION WITH LENDERS 25
ARTICLE 22 SURVTVING PROVISIONS 26
ARTICLE 23 CAPTIONS 26
ARTICLE 24 SEVERABILITY 27
ARTICLE 25 ASSIGNMENT 27
ARTICLE 26 NOWAIVER 27
ARTICLE 27 APPLICABLE LAW 27
ARTICLE 1. DEFINITIONS
1.1 The "Contract Documents" consist of the documents set forth in
Paragraph 5 of the Subcontract Agreement to which these General Conditions are
appended, and any and all modifications, addenda and amendments thereto which
may be furnished to Subcontractor from time to time.
1.2 The terms "Contract" and "Contract Documents" are used interchangeably
herein and are identical in meaning.
1.3 The "Contract Price is the sum set forth in Paragraph 4 of the
Subcontract Agreement.
1.4 BY EXECUTING THE SUBCONTRACT AGREEMENT, SUBCONTRACTOR REPRESENTS AND
WARRANTS TO DEVELOPER AND TO CONTRACTOR THAT (i) SUBCONTRACTOR IS AND WILL BE
FINANCL~ILY RESPONSIBLE AND HAS AND WILL HAVE SUFFICIENT LIQUIDITY TO MEET ITS
ELNANCIAL RESPONSIBILITIES UNDER THE CONTRACT AND FOR ALL OTHER PROJECTS IN
WHICH SUBCONTRACTOR IS OR MAY BECOME IN ~VOLVED: (ii) SUBCONTRACTOR HAS
CAREFULLY EXA~IINED THE DRAWINGS, SPECIFICATIONS AND ASSOCIATED DOCU\~IENTS AND
HAS VISITED AND EX~MINED THE SITE, OR DEEMS SUCH VISIT AND EX~NIINATION TO BE
UNNECESSARY; (iii) FROM SUBCONTRACTOR'S I~~'ESTIGATION, SUBCONTRACTOR HAS
SATISFIED ITSELF AS TO THE NATURE AND LOCATION OF THE PROPOSED WORK, THE GENERAL
AND LOCAL CONDITIONS, AND ALL MATTERS WHICH MAY IN ANY WAY AFFECT THE WORK OR
ITS PERFORMANCE; (iv) THE WORK, WHEN CO~LETED, WILL COMPLY FULLY WITH ALL
APPLICABLE BUILDING AND SAFETY CODES, REGULATIONS AND CONSTRUCTION REQUIREMENTS
IMPOSED OR ENFORCED BY ANY GOVERNMENTAL AGENCIES AND IN EXISTENCE ON THE DATE OF
EXECUTION OF THIS AGREEMENT, WITHOUT REGARD TO ANY ERRORS, ONIISSIONS OR
DEFICIENCIES IN THE DRAWINGS AND SPECIFICATIONS AND (v) SUBCONTRACTOR FULLY
UNDERSTANDS THE INTENT AND PUPPOSE OF THE CONTRACT DOCUMENTS. CLAIMS FOR
ADDITIONAL COMPENSATION AND/OR EXTENSION OF TIME RELATING TO SUBCONTRACTOR'S
NON-COMPLIANCE WITH ITS REPRESENTATIONS AND XXXX~TIES IN THE PRECEDING SENTENCE
WILL NOT BE ALLOWED.
1.5 The term "Owner" means the entity so designated in the Subcontract
Agreement.
1.5.1 The term "Developer" means the entity so designated in the
Subcontract Agreement.
1.6 The term "Contractor" means the entity so designated in the Subcontract
Agreement.
1.7 The term "Other Subcontractors" means Subcontractors and/or
sub-subcontractors other than Subcontractor and Subcontractor's
sub-subcontractors, irrespective of tier.
1.8 The term "Architect/Engineer" means the entity so designated in the
Subcontract Agreement and also includes Architect/Engineer's representatives;
Developer's, Owner's or Architect/Engineer's consultants; and Developer's or
Architect/Engineer's engineering firms and their successors arid assigns.
1.9 The term "Subcontractor" means the individual, partnership, firm,
corporation or business entity who or which has signed the Subcontract Agreement
as Subcontractor. The term also includes Subcontractor 5 subcontractors and
suppliers irrespective of tier.
1.10 The term "Work" means: the furnishing of all labor and/or materials by
Subcontractor, at or for the benefit of the Project; unless specifically
excepted, the furnishing by Subcontractor of all equipment, supplies, plant,
tools, scaffolding, transportation, superintendent, inspections and temporary
construction of every nature; that which is to be produced and supplied pursuant
to the Contract; and the obligation of Subcontractor to visit the Project site,
and to fully acquaint and familiarize itself with the site, surrounding and
subsurface conditions and the character of the operations to be carried on at
the site, and make such investigations as Subcontractor may deem fit or as may
be prudent for Subcontractor to fully understand the facilities, physical
conditions and restrictions attending the Work.
1.11 The term "Other Work means the work of Other Subcontractors.
1.12 The term "Project" is the total construction designed by
Architect/Engineer of which the Work is a part.
1.13 The term "days" means calendar days unless otherwise stated.
1.14 The term "Legal Requirements" means any and all requirements of law,
code, permit, regulation, rule, order, judgment, decree, ordinance, or provision
of any federal, state, or local government, agency, authority, or court
pertaining to the Work, the Project, or the Contract.
ARTICLE 2. SUBCONTRACTOR'S CONTRACT DOCUMENTS
2.1
The Contract Documents are complementary and are intended to
include and imply all items required for the proper execution and
completion of the Work. Any item of Work mentioned in the
Specifications and not shown on the Drawings, or shown on the
Drawings and not mentioned in the Specifications, shall be
provided as if shown and mentioned in both.
2.2
The Drawings and Specifications are to be treated by Subcontractor
as "scope" documents which indicate the general scope of the
Project in terms of the architectural design concept, the overall
dimensions, the type of structural, mechanical, electrical,
utility, and other systems, and an outline of major architectural
elements. As "scope" documents, the Drawings and Specifications do
not necessarily indicate or describe all items required for the
full performance and proper completion of the Work. The Contract
is let with the understanding that Subcontractor is to furnish for
the Contract Price all items required for proper completion of the
Work. Subsequent Drawings and Specifications which may more
completely detail certain requirements of the Work may be issued,
at the option of the Architect/Engineer, for the purpose of
construction, but there is no obligation to issue such additional
documents.
2.3
The Work shall be first class and be in accordance with the best
standards of the construction industry in the city where the
Project is located. Subcontractor shall be responsible for
providing a sufficient quantity of materials, parts and equipment
for installation of all items of the Work indicated, described or
reasonably inferable from the Contract Documents.
2.4
The Specifications generally describe Work which cannot be readily indicated on
the Drawings, such as types, qualities and methods of installation for materials
and equipment. It is not intended to describe every item of Work in the
Specifications which can be shown on the Drawings nor to show on the Drawings
all items of Work which can be described in the Specifications even if such
items are
of such nature that they could have been shown on the Drawings or
described in the Specifications. All materials and labor for the
Work which are shown on the Drawings or described in the
Specifications or are inferable therefrom as necessary to produce
a finished job shall be provided by Subcontractor.
2.5
The Specifications are separated into titled sections for
convenience only and not to suggest the trade or craft involved.
2.6
Where "as shown", "as indicated", "as detailed" or words of
similar import are used, reference is made to the Drawings unless
otherwise stated. Where "as directed", "as required", "as
permitted", "as authorized", or words of similar import are used,
the direction, requirement, permission, authorization, approval,
acceptance or selection by Contractor is intended unless otherwise
stated. "Provide" means "provide complete in place', that is,
furnish and install, ready for operation and use.
2.7
Any reference to standard specifications of a society, institute,
association or governmental authority is a reference to the
standard specifications of such organization that are in effect at
the date of Subcontractor's bid. If such standard specifications
are revised prior to completion of any part of the Work to which
such revision would pertain, Subcontractor may, if acceptable to
Contractor, perform such work in accordance with the revised
standard specifications.
2.8
The standard specifications referred to above, except as modified
in the Specifications, shall have full force and effect as though
printed in the Specifications. The manufacturers and trades
involved are assumed to be familiar with such standard
specifications. Architect/Engineer will furnish, on request,
information as to how copies of standard specifications may be
obtained.
2.9
In the event there is a discrepancy between the various Contract Documents, the
following order of priority will be used:
2.91 Exhibits to the Subcontract Agreement; however, nothing
in Exhibit B shall vary the Drawings and Specifications
and/or the General Conditions unless and to the extent
that it is explicitly stated in Exhibit B that the
Drawings and Specifications and/or the General
Conditions are varied;
2.9.2 Subcontract Agreement;
2.9.3 General Conditions;
2.9.4 Drawings and Specifications;
2.9.5 If the discrepancy is between the Drawings and the
Specifications, or within the Specifications, or within
the Drawings, then the discrepancy shall be submitted
to Contractor. The general rule for interpretation will
be that the discrepancy will be resolved in favor of
providing the better quality or greater quantity of
work and/or materials. The decision of Contractor as to
which of the conflicting requirements shall govern
shall be final, and Subcontractor shall perform the
Work in accordance with such decision and without any
change in the Contract Price. Contractor may solicit
the advice of Architect/Engineer under Paragraph 3.2
hereof.
2.10 Dimensions shall not be determined by scale or rule. Figured
dimensions shall be followed. If figured dimensions are lacking, they shall be
supplied by Architect/Engineer on Subcontractor's
request made to the Contractor. Subcontractor is responsible for
coordinating the Drawings and Specifications with field conditions
and reporting to Contractor and Architect/Engineer any
discrepancies.
2.11
All copies of Drawings and Specifications are the property of
Owner and Developer and are not to be used on any other projects.
The Drawings and Specifications are to be returned to Contractor
on its request. Drawings, specifications, and other design
documents prepared by the Architect/Engineer and copies thereof
furnished to the Subcontractor, are for use solely with respect to
this Project. They are not to be used by Subcontractor on other
projects or for additions to this Project outside the scope of the
Work without the prior written consent of Contractor and
Developer.
2.12
Subcontractor shall take field measurements and verify field conditions and
compare such field measurements and field conditions with the Plans and
Specifications before activities are commenced. Errors, inconsistencies or
omissions discovered are to be reported to Contractor at once. Any work done by
the Subcontractor with respect to any portion of the Work affected by such
error, discrepancy, conflict, misunderstanding, or variance will be at
Subcontractor 5 own risk and Subcontractor shall bear all costs and loss arising
therefrom. Nothing in this paragraph shall modify or compromise any warranties
and representatives made by Subcontractor in the Contract Documents.
ARTICLE 3, ARCHJTECT/ENGINEER: COMMUNICATION COVERING UNCOVERING THE
WORK/CUTTING AND PATCHING
3.1 NEITHER ARCHITECT/ENGINEER NOR CONTRACTOR. OWNER OR DEVELOPER SHALL BE
RFSPONSTBLF FOR: CONSTRUCTION MEANS METHODS TECHN'OUES SEOUENCES OR PROCEDL'RFS
OF SUBCONTRACTOR: SAFETY PRECAUTIONS AND PROGRAMS OF ST;BCONTRACTOR THE ACTS OR
OMISSIONS OF SUBCONTRACTOR OR THE FAILURE OF SUBCONTRACTOR TO CARRY OUT THE WORK
IN ACCORDANCE WITH THE CONTRACT DOCUMENTS
3.2 Unless Developer otherwise determines, Architect/Engineer shall be, in
the first instance, the interpreter of the Drawings and Specifications,
excluding discrepancies therein (which are governed by Paragraph 2.9.5).
3.3 If any Work has been covered contrary to the requirements of the
Contract Documents or to the specific instructions of Developer,
Architect/Engineer or Contractor before such Work has been observed by them,
such Work shall, upon request of Contractor, promptly be uncovered for
observation and/or testing at Subcontractor's sole cost and expense, and if
found not to be in accordance with the Contract Documents, be replaced and
recovered at Subcontractor's sole cost and expense.
3.4 If any Work has been covered which has not been required by the
Contract Documents or by specific instruction by Developer, Architect/Engineer
or Contractor to be observed by Developer, Architect/Engineer or Contractor
prior to being covered, Contractor or Developer may request to see the Work in
question and it shall be uncovered promptly by Subcontractor as directed. If
such Work is found to be in accordance with the requirements of the Contract
Documents? Subcontractor shall be reimbursed by Developer for the cost of such
uncovering and recovering. If such Work is found not to be in accordance with
the Contract Documents, the cost of uncovering, replacement and recovering shall
be at the expense of Subcontractor.
3.5 Upon request of Contractor, Subcontractor shall place its engineering
personnel (or such engineering or consulting firm as Subcontractor may have
engaged in connection with the Work) at Architect/Engineer's, Developer's and/or
Contractor's disposal for checking the Work. When layouts of the Project site or
Work are to be made, Subcontractor shall notify Architect/Engineer in reasonably
sufficient time so that Architect/Engineer may be present.
3.6 Architect/Engineer is not authorized to make any changes or
modifications in the Contract Documents except for written revisions of the
Drawings and Specifications approved by Developer.
3.7 Subcontractor shall be responsible for all cutting and patching, as
approved by Architect/Engineer or Contractor, necessary for the installation of
the Work. If Subcontractor, as part of the Work, is responsible for placing
sleeves and/or hangers and they are not placed in time or are improperly placed,
Subcontractor shall be responsible at its expense for all resulting forming,
drilling, and other corrective work required to be done to the Work and to Other
Work, including patching.
All cutting, fitting, patching and drilling by Subcontractor shall be done
promptly and so as to leave the Work and other Work in conditions and appearance
acceptable to Developer.
3.9 Structural members shall not be cut except by written authorization and
pursuant to direction of Architect/Engineer.
3.10 Permission to patch and/or repair any areas or items of Work and Other
Work shall not constitute a waiver of Developer's right to require complete
removal and replacement of said areas or items of Work and/or Other Work, if, in
Developer's opinion, said patching or repair does not satisfactorily restore the
required quality and appearance of the Work and/or Other Work.
3.11 All communications between (i) Architect/Engineer and Subcontractor
and (ii) between Developer and Subcontractor shall be through Contractor.
ARTICLE 4. ACCESS
Developer, Architect/Engineer and Contractor, upon request, promptly shall
have access to the Work, whether at the Project, in storage or in manufacture or
preparation. Subcontractor shall provide proper and safe facilities for such
access and for inspection at the Project site, at the place of storage or
elsewhere.
ARTICLE 5. SUBCONTRACTOR1S RESPONSIBILITIES
Subcontractor agrees, in addition to all other responsibilities and duties under
the Contract:
5.1 To carefully study and compare, one with the other, all Drawings,
Specifications and other instructions and at once report in writing to
Contractor any error or omission (including variance from any Legal
Requirements); and to subsequently proceed with the Work in accordance with
instructions from Contractor concerning such error, omission, or variance.
5.2 To use all necessary means to discover and to notify Contractor in
writing of any defect in Other Work upon which the satisfactory performance of
the Work may depend, and to allow a reasonable
amount of time for remedying such defects. If Subcontractor should proceed
with the Work, Subcontractor shall be considered to have accepted and be
responsible for such Other Work unless over Subcontractor's written objection,
Subcontractor shall have proceeded pursuant to written instructions from
Contractor.
5.3 To submit to Contractor promptly upon its request, information with
respect to the names, responsibilities and titles of the principal members of
Subcontractor's staff.
5.4 To furnish, at Subcontractor's expense, sufficient temporary facilities
and shanties, material storage rooms, field offices, etc., which shall be placed
in locations designated by Contractor. When it becomes necessary, due to the
progress of the Project, for Subcontractor to relocate such facilities,
shanties, rooms, and/or offices, Subcontractor will do so in an expeditious
manner and at no additional cost. Shanties, storage rooms, field offices, etc.,
shall be equipped with fire extinguishers and shall be of fireproof material
only, such as concrete, gypsum block, rated drywall, or sheet metal.
5.5 To pay: Contractor's charges for hoisting; costs of repair to Other
Work attributable, in whole or in part, to the fault or negligence of
Subcontractor; and Contractor's charges for removal of rubbish attributed by
Contractor to Subcontractor, and any cleanup related to Subcontractor or the
Work.
5.6 To comply with all Legal Requirements; to appear at hearings,
proceedings or in court in respect of such compliance or in respect of
violations or claimed violations of Legal Requirements; to pay any fines or
penalties imposed for said violations; and to pay all legal fees, fines and
penalties incurred by or imposed upon Owner, Developer, Contractor and Other
Subcontractors relating to Subcontractor's compliance. violations or claimed
violations. Without limiting the foregoing, Subcontractor will appear at
hearings, proceedings and/or in court and consent to its substitution as a party
defendant in respect of all summonses and claimed violations arising Out of or
relating to the Work.
Not to display on or about the Project site any sign, trademark or other
advertisement.
5.8 That before any subcontractor or supplier is employed by Subcontractor,
the name of such subcontractor or supplier shall be submitted in writing to
Contractor, and no subcontractor or supplier shall be employed unless acceptable
to Contractor. Each subcontractor and supplier shall be bound by all Contract
Documents to the same extent and with the same effect as if the subcontractor or
supplier were the Subcontractor. Subcontractor shall cause subcontractors and
suppliers to comply with all the Contract Documents. Subcontractor shall be
responsible for all the acts, omissions, work, material and equipment of its
subcontractors and suppliers and all persons either directly or indirectly
employed by any of them.
5.9 That in the event of any dispute as to whether any item or portion of
the Project work is within the scope of the Work to be performed by
Subcontractor or any dispute as to whether Subcontractor is entitled to an extra
payment, Subcontractor shall continue to proceed diligently with the performance
of the Work, the Contract, and the disputed Work. The resolution, by agreement
or otherwise, of the disputed Work, shall be made between Subcontractor and
Contractor with reasonable promptness, subject to and on condition that
Developer thereafter confirms the resolution and agrees to be liable for and pay
Subcontractor the amount of any agreed-upon extra payment. In no event shall
delay in such resolution excuse prompt performance by Subcontractor of the Work,
the Contract, and the disputed work.
5.10 To: (i) furnish a competent and adequate staff and use its best skill
and attention for the proper administration, coordination, supervision and
superintendent of the Work; (ii) organize the procurement of all materials and
equipment so that they will be available at the time they are needed for the
Work; (iii) keep an adequate force of skilled workers on the job to complete the
Work in strict accordance with all requirements of the Contract Documents; (iv)
maintain throughout the duration of the Work a competent superintendent and any
necessary assistants, all of whom shall be acceptable to Contractor and shall
not be changed without the consent of the Contractor; (v) enforce discipline and
order among Subcontractor's employees and not to employ at the Project any unfit
person or anyone not skilled in the task assigned; (vi) provide supervision by
experts in all aspects of the application of the materials, equipment or system
being fabricated and installed; and (vii) submit to Contractor the names,
responsibilities and titles of the principal members of Subcontractor's staff.
5.11 That directions given to Subcontractor's superintendent shall be
binding upon Subcontractor.
5.12 Not to assign nor sublet the Contract as a whole, not to assign any
monies due or to become due under the Contract, without the prior written
consent of Contractor. Any such assignment or subletting of the Contract or of
monies due under the Contract without the prior written consent of Contractor
shall be void, and the purported assignee shall acquire no rights in, under or
to the Contract or monies.
5.13 To afford Other Subcontractors reasonable opportunity for introduction
and storage of their materials and for the execution of Other Work.
5.14 To give all notices and comply with all Legal Requirements relating to
the terms and conditions of employment of any employee who is employed in
connection with the Work, including, without limitation, the applicable
provisions of the Fair Labor Standards Act, the Fair Employment Practices Law
and the Equal Pay Act.
5o15 Not to discriminate against any employee who is employed in connection
with the Work or applicant for such employment because of age, race, creed,
color, sex, affection preference, ancestry, marital status, religion or national
origin. Subcontractor shall take affirmative action and cause all of its
respective subcontractors to take affirmative action to afford equal employment
opportunities without discrimination because of age, race, creed, color, sex,
affectional preference, ancestry, marital status, religion or national origin.
Such action shall be taken with reference to, but not be limited to,
recruitment, employment, job assignment, promotion, upgrading, demotion,
transfer, layoff, termination, rates of pay and other forms of compensation, and
selection for training, including apprenticeship and on-the-job training.
5.16 To comply with all plans, guidelines and policy determinations
relating to the employment of minority groups, established by any public
xxxxxxxxx, xxxxx association, or any other organization designated by
Contractor.
5.17 To obtain and pay for all permits, licenses, governmental fees and
certificates of inspection necessary for the prosecution and completion of the
Work.
5.18 That if any Work is performed which is contrary to Legal Requirements,
to promptly make all changes as required and take all other corrective action to
comply therewith and pay all costs arising therefrom.
5.19 Subcontractor acknowledges and agrees that pursuant to the tax exempt
status of the Project, no amount of New York State sales or use taxes will be
included in the contract price for any goods and/or property that will become an
integral component of the Work. Subcontractor shall pay, whenever assessed, all
applicable federal, and local taxes on all materials, labor or services
furnished by or through Subcontractor and all taxes arising out of
Subcontractor's operations, which may be imposed upon or be collected from
Owner, Developer or Contractor or become a lien against the Project as a result
of or arising out of the Work. Such taxes shall include, but not be limited to,
occupational, sales, use, excise, old age, employee, lease, benefit and
unemployment taxes, customs duties and all income, franchise, license and other
taxes now in force or hereafter enacted.
5.20 To pay all royalties and license fees applicable to the Work.
Subcontractor shall defend, indemnify and hold Owner, Developer,
Architect/Engineer and Contractor harmless of, from and against any and all
suits, demands and claims for infringement of any patent rights except to the
extent that a particular design, process or product is specified in the Contract
Documents. The foregoing exception shall be inapplicable if Subcontractor had or
should have had reason to believe the design, process, or product infringed upon
a patent, and failed to give written notification to Contractor of same.
5.21 That any review or consideration by Developer, Architect/Engineer, or
Contractor of any method of construction, invention, appliance, process,
article, device or material of any kind shall be for its general adequacy for
the Work and shall not be an approval for the use thereof by Subcontractor in
violation of any patent or other rights of any third person.
5.22 That if any provision of the Contract Documents conflicts with any
agreement among members of a trade association, or with a union or labor council
which regulates the work to be performed by a particular trade, to reconcile
such conflict without delay or damage to Developer or to Contractor. In the
event the progress of the Work is delayed by such conflict, Contractor may
require that other material or equipment of equal or better kind and quality be
provided at no additional cost to Developer. This right of substitution shall
not limit other rights which Developer may have concerning such delay.
5.23 To employ labor that is compatible with the labor of Other
Subcontractors; to take all steps necessary to avoid labor disputes; and to be
responsible for any delays and damages to Owner or Developer caused by such
disputes.
5.24 The Subcontractor shall confirm operations at the site to areas
permitted by law, ordinances, permits and the Contract Documents, and as set
forth in the Special Conditions to the Subcontract shall not unreasonably
encumber the site with materials and equipment. The Subcontractor shall not
perform any portion of the Work outside the areas of the Project Site owned or
controlled by Developer, Owner or designated as part of the Project Site in the
Contract Documents unless Subcontractor gives thirty (30) days advance written
notice to Contractor, and Developer is able to obtain permission from the
appropriate parties to proceed with the Work or to permit access pursuant to
Developer's agreements with the owners and/or tenants of said areas. Any work
permitted outside of the Site owned by Owner shall be scheduled in a manner as
to cause or occasion a minimum of inconvenience or disturbance to or
interference with the normal operations of the Owner, abutters and the public.
Subcontractor shall prosecute such operations expeditiously and restore the
affected area and other areas needed for access to their original conditions
immediately upon completion of such operations unless otherwise specified.
6.1 An Event of Default on the part of Subcontractor shall occur upon the
happening of any one or more of the following events:
6.1.1 a refusal or neglect by Subcontractor to supply a sufficient number
of skilled workers, a sufficient quantity of materials of the specified quality,
or a sufficient amount of equipment, parts, and Systems of the specified
quantity and performance requirement;
6.1.2 a failure by Subcontractor to prosecute the Work with diligence and
promptness;
6.1.3 an act or omission by Subcontractor which stops, delays, interferes
with, or damages the Work or any Other Work;
6.1.4 any other failure by Subcontractor to perform any other terms and
conditions of the Contract;
6.1.5 a determination by Contractor that the Work or any portion of the
Work is not being performed in accordance with the Contract;
6.1.6 the filing by or against Subcontractor of a petition under the
Bankruptcy Code or for other debtor or insolvency relief;
6.1.7 the filing by or against Subcontractor of proceedings in furtherance
of liquidation or dissolution;
6.1.8 the acknowledgment by Subcontractor of insolvency;
6.1.9 a determination by Contractor that Subcontractor has been acting or
failing to act in a manner that evidences financial difficulties on the part of
Subcontractor; and/or
6.1.10 the failure to pay any subcontractor monies which Subcontractor has
been paid by Contractor.
6.2 Upon the happening of an Event of Default, Contractor shall have the
rights, in addition to any other rights and remedies provided by the Contract or
by law, after five (5) days written notice from Contractor to Subcontractor
mailed, delivered, or telegraphed to the last known address of Subcontractor, or
after such shorter period, with or without notice, as may be deemed by
Contractor to be appropriate under the circumstances, to:
6.2.1 cause to be performed or furnished, at Subcontractor's expense, such
labor and equipment, parts, systems and materials, and/or to incur at
Subcontractor's expense such other expenses (including, but not limited to,
legal fees) in respect of the Work and/or Event of Default as may be necessary,
or deemed by Contractor to be advisable, and to deduct the said expenses from
monies, if any, due or to become due to Subcontractor; and/or
6.2.2 terminate the Project activities but not necessarily the Contract) of
Subcontractor for all or any portion of the Work, enter upon the Project site,
and take possession, for the purpose of completing the Work, of all materials,
equipment, scaffolds, tools, shanties, facilities,
in appliances and other items, all of which Subcontractor hereby transfers,
assigns and sets over to Contractor for such purpose; and/or
6.2.3 employ, at Subcontractor's expense, any person, firm, corporation or
Other Subcontractor to complete the Work, and provide at Subcontractor's expense
all labor, Services, materials, equipment and other items required therefor;
and/or
6.2.4 terminate the Contract and proceed, at Subcontractor's expense as in
Subparagraphs 6.2.1, 6.2.2 and/or 6.2.3.
6.3 Upon the happening of an Event of Default and to effectuate the
provisions of Paragraph 6.2, Contractor may engage Subcontractor's
subcontractors and suppliers. Subcontractor shall not be entitled to receive any
further payment until the Work shall be wholly completed to the satisfaction of
Contractor and Developer and shall have been accepted by Contractor and
Developer, at which time, if the unpaid balance, if any, of the Contract Price
at the time of Subcontractor's default shall exceed the costs and expenses
incurred in completing the Work and curing Subcontractor's default, such excess
shall be paid to Subcontractor; but if such costs and expenses shall exceed such
unpaid balance, then Subcontractor shall pay the difference to Contractor. Such
costs and expenses shall include not only the cost of completing the Work to the
satisfaction of the Contractor and Developer and of performing and furnishing
all labor, services, materials, equipment and other items required therefor, but
also all losses, damages, costs and expenses, whether direct or consequential,
including, without limitation, legal fees and disbursements, sustained, incurred
or suffered or to be sustained, incurred or suffered by Owner, Developer and/or
Contractor by reason of or resulting from the Event of Default.
6.4 In addition to all other rights which Contractor has under the Contract
Documents, Contractor ~hal1 have the right to stop the Work upon the occurrence
of an Event of Default. Contractor's right to stop the Work is in addition to
any and all other remedies available to Contractor and does not give rise to any
duty to exercise this right for the benefit of the Subcontractor or any other
person or entity.
6.5 Without limitation, an Event of Default shall not be deemed waived or
discharged by:
6.5.1 action taken or not taken by Contractor or Developer in respect of
the occurrence giving rise to an Event of Default; and/or
6.5.2 course of dealing by Contractor; and/or
6.5.3 delay on the part of Contractor in exercising any right under the
Contract; and/or
6.5.4 payment to Subcontractor; and/or
6.5.5 inspection, testing, or approval by Developer, Architect, Engineer,
or Contractor of any portion of the Work.
ARTICLE 7. LEGAL REQUIREMENT/SIMILAR MATTERS
13 7.1 Subcontractor shall comply with, and cooperate with Other
Subcontractors, Contractor, Architect/Engineer, and/or Developer in complying
with Legal Requirements, including but not limited to OSHA requirements. Among
other things, Subcontractor shall be responsible for performing corrective work
within abatement periods, appealing from decisions or orders, requesting
extensions on abatement periods, and furnishing such information or evidentiary
material as may be necessary or as may be requested by Contractor to fully
protect the rights and interests of Owner, Developer, Architect/Engineer, and
Contractor with respect to possible, threatened or pending proceedings or
orders.
7.2 Without limitation, Subcontractor shall indemnify Owner, Developer
and/or Contractor pursuant to Article 11 hereof in respect of Paragraph 7.1 and
the responsibilities of Subcontractor specified in Paragraphs 5.6, 5.14, 5.15,
5.16, 5.17,5.18, 5.19 and 5.20 pertaining to Legal Requirements.
ARTICLE 8. BUILDINGS MATERIALS/EQUIPMENT PROCESSES
8.1 Unless otherwise specified, all materials and equipment that are part
of the Work shall be new and shall be of the quality required by the Contract
Documents. Subcontractor shall, upon request of Contractor, furnish satisfactory
evidence as to kind and quality of all materials and equipment. All workmanship
shall be of such quality as will result in first class work in accordance with
the Contract Documents.
8.2 Any work, materials or equipment which do not conform to the Contract
Documents may be rejected by Contractor, in which case they shall be replaced by
Subcontractor at its expense.
8.3 When work or more products are specified for an item of Work, any one
is acceptable and the choice is left to Subcontractor. When only one product is
specified and the term "or equal is used in connection with the product,
Subcontractor may offer a substitute product, which will completely accomplish
the purpose of the specified product, and be subject to approval by Contractor
and Architect/Engineer.
8.4 Requests for permission to substitute a product, material or process
for that specified in the Contract Documents must be accompanied by evidence
that the proposed substitution: (i) is equal in quality and serviceability to
the specified item; (ii) will not entail changes in detail and construction of
Other Work; (iii) will be acceptable to the Architect/Engineer in achieving
design and artistic intent; and (iv) will not result in a cost disadvantage.
Subcontractor shall furnish with such request such drawings, specifications,
samples, performance data and other information as may be required to assist in
determining whether the proposed substitution is acceptable. The burden of proof
of acceptability shall be upon Subcontractor. If an approved substitution
affects Other Work or otherwise necessitates any redesign, Subcontractor shall
pay all costs thereof.
8.5 Subcontractor shall prepare and submit lists, in triplicate, to
Contractor of all manufactured or fabricated products proposed for the Work.
Such lists shall include such information on materials, equipment and fixtures
as may be required by Contractor for preliminary approval. Approval of such
lists shall not be construed as a substitute for the shop drawings,
manufacturer's descriptive data and samples which are required by the Contract
Documents, but rather as a base from which more detailed submittals shall be
developed for final approval by Contractor.
8.6 Manufacturers' nameplates shall not be permanently attached to
ornamental and miscellaneous metal work, doors, frames, millwork, exposed
surfaces and other fabricated or manufactured products to be placed in finished
spaces if, in Contractor's opinion, the nameplates would be objectionable. The
preceding sentence does not apply to Underwriters' labels where required, nor to
manufacturers' name and rating plates on mechanical and electrical equipment.
8.7 Each major component of mechanical and electrical equipment shall have
the manufacturer's name, address, model number and rating on a plate securely
affixed in a conspicuous place, as required in the mechanical and electrical
sections of the Specifications.
8.8 In case of any differences or conflicts between the requirements of the
manufacturer's instructions or specifications and the requirements of the
technical sections of the Specifications, the instructions or specifications
having the more detailed and precise requirements specifically applicable to the
Work, as determined by Architect/Engineer, shall govern.
ARTICLE 9. TESTTNG/TNSPECTIONS
9.1 Developeror Contractor may, but shall not be obligated to, retain the
services of testing laboratories, agencies, and/or professional engineers to
perform the tests (including control balancing and adjusting) and make the
required inspections and reports specified in the Contract Documents or deemed
necessary in case of questioned items. Such testing laboratories, agencies
and/or professional engineers shall conduct and interpret the tests. A copy of
each test report deemed necessary in case of questioned items shall, at
Contractor's option, be made available to Subcontractor.
9.2 Subcontractor shall furnish samples of all materials and component
parts to be used as test specimens. Subcontractor shall furnish labor and
facilities at the Project site as necessary in connection with testing and
inspection services.
9.3 Except as otherwise specified in other Contract Documents or elsewhere
in these General Conditions, Subcontractor shall pay for all laboratory
services, tests, testing laboratories, agencies, professional engineers,
engineering inspections and reports required by the Contract Documents, the
Architect/Engineer, or Contractor. Testing laboratories and professional
engineers shall be subject to Contractor's approval.
9.4 Without limiting the provisions of Paragraph 9.3, the cost of testing
laboratories, agencies. and/or engineers for the convenience of Subcontractor in
its scheduling and performance of the Work, or related to remedial operations or
possible deficiencies shall be borne by Subcontractor.
9.5 The nature and scope of testing services, agencies and/or inspections
performed by laboratories and engineers retained by or on behalf of Developer or
Contractor shall be in accordance with Legal Requirements or as otherwise
specified in the Contract Documents and shall be consistent with recognized good
standards of engineering practice.
9.6 If, in the performance of any testing, control, balancing, adjusting or
similar work to be performed by or on behalf of Subcontractor, it is the opinion
of Contractor or Architect/Engineer that Subcontractor has failed to
substantiate the ability to perform such Work, Subcontractor shall, at its
expense, retain the services of a testing laboratory, agency or service
organization which is satisfactory to Contractor and Architect/Engineer for the
performance of such work.
9.7 Contractor may instruct Subcontractor to order special inspection,
testing or approval as Contractor deems necessary. If such special inspection or
testing reveals a failure of the Work to comply (i) with the requirements of the
Contract Documents. or (ii) with Legal Requirements, Subcontractor shall bear
all costs of such Developer-directed special inspection, special testing and
correction.
9.8 The observations of or participation by Developer, Architect/Engineer,
or Contractor in inspections or tests by persons other than Subcontractor, shall
not relieve Subcontractor from its obligations to perform the Work in accordance
with the Contract Documents.
9.9 If the Specifications or any Legal Requirements require any portion of
the Work to be specifically tested or reviewed, Subcontractor shall give
Contractor timely written notice of such test or review.
ARTICLE 10. GUAR~~~TFFS
10.1 Subcontractor guarantees to Owner, Developer and Contractor all Work
against defects in materials and workmanship and for conformity with the
Contract Documents for a period equal to the greater of: one (1) year from the
date of Project completion; such period as may be specified in other Contract
Documents; or such period as may be specified by Legal Requirements. If any part
of the Work is found after Project completion not to comply with the Contract
Documents, the guarantee period thereon shall commence on the date such part of
the Work is corrected to comply with the Contract Documents.
10.2 Subcontractor promptly shall, after receipt of written notice, correct
any defects in materials, equipment and workmanship which may develop within the
guarantee period, and also correct and/or repair and/or replace any damage to
Other Work or the Owner's property caused by defective materials, equipment or
workmanship and the repairing of same.
10.3 The foregoing guarantee and obligations shall not deprive Contractor
of any action, right or remedy otherwise available for breach of any of the
provisions of the Contract Documents. The periods referred to above shall not be
construed as a limitation on the time in which Contractor may pursue such other
action, right or remedy.
10.4 Satisfaction of the aforementioned guarantee obligations shall be
deemed to be a material component of Subcontractor's contractual obligation to
perform the Work. The Contract shall not be deemed to be duly performed until
all guarantee obligations hereunder are satisfied. Performance bonds required of
Subcontractor shall include the performance of guarantee obligations and shall
not contain clauses limiting the time to xxx upon said bonds to less than the
applicable guarantee period.
ARTICLE 11. INDEMNIFICATION
11.1 To the maximum extent permitted by law, Subcontractor hereby assumes
the entire responsibility and liability for any and all damage (direct or
consequential) and injury (including death), of any kind or nature whatsoever.
to all persons, whether or not employees of Subcontractor, and to all property
and business or businesses, caused by, resulting from, arising out of, or
occurring in connection with (i) the Work; (Ii) the performance or intended
performance of the Work; (iii) the performance or failure to perform the
Contract; or (iv) any occurrence which happens in or about the area where the
Work is
being performed by Subcontractor, either directly or through a
subcontractor, or while any of Subcontractor's property, equipment or personnel
is in or about said area
11.2 Except to the extent, if any, expressly prohibited by law, should any
such damage or injury referred to in Paragraph 11 1 be sustained, suffered, or
incurred by Owner, Developer, Architect/Engineer, or Contractor or should any
claim for such damage or injury be made or asserted against any of them,
including any alleged breach of any statutory duty or obligation on the part of
Owner, Developer, Architect/Engineer or Contractor, Subcontractor shall
indemnify and hold harmless Owner, Developer, Architect/Engineer and Contractor,
their officers, agents, partners, employees, affiliates and subsidiaries
hereinafter collectively referred to as ~Indemnitees~), of, from and against any
and all such damages, injuries, and claims and further, from and against any and
all other loss, cost, expense, and liability, including without limitation.
legal fees and disbursements, that any Indemnitee may directly or indirectly
sustain, suffer or incur as a result of such damages, injuries and claims; and
Subcontractor agrees to assume, on behalf of any and all Indemnitees the defense
(with counsel satisfactory to the party indemnified) of any action at law or in
equity, or other legal proceeding, which may be brought against any Indemnitee
upon or by reason of such damage, injury, or claim and to pay on behalf of every
Indemnitee, the amount of any judgment, decree, award, or order that may be
entered against each said Indemnitee in any such action or proceeding. In the
event that any such claim, loss, cost, expense, liability, damage or injury is
sustained, suffered, or incurred by, or is made, asserted or threatened against
any Indemnitee, Contractor shall, in addition to all other rights and remedies,
have the right to withhold from any payments due and to become due to
Subcontractor an amount sufficient in Contractor's judgment to protect and
indemnify the Indemnitee from and against any and all such claim, loss, cost,
expense, liability, damage or injury, including legal fees and disbursements; or
Contractor, in its discretion, may require Subcontractor to furnish a surety
bond satisfactory to Contractor guaranteeing such protection, which bond shall
be furnished by Subcontractor within five (5) days after written demand has been
made therefor. In the event more than one Subcontractor is connected with an
event or occurrence (or a series of events or occurrences) covered by this
indemnification, then all such Subcontractors shall be jointly and severally
responsible to the Indemnitees, and the ultimate responsibility among such
indemnifying Subcontractors shall be settled or otherwise determined by separate
proceedings and without loss, expense, or damage to any Indenmitee.
11.3 Nothing in Article 11 shall be construed to require any
indemnification which would make Article 11 void or unenforceable or to
eliminate or reduce any indemnification or rights which any Indemnitee or
Subcontractor has by law. In the event that any term, paragraph or provision of
Article 11 is found void or unenforceable, it shall not thereby invalidate or be
construed to invalidate any other term, paragraph or provision contained in
Article it or elsewhere in this Contract, all of which shall remain in full
force and effect.
ARTICLE 12. INSURANCE/BONDS
12.1 The terms and conditions of insurance to be provided by Subcontractor
are described in the Insurance Exhibit attached to the Subcontract Agreement.
Neither Owner, Developer, nor Contractor, nor their agents, employees or
assigns, shall be liable to Subcontractor or its agents, employees or assigns
for any loss or damage covered by the insurance policies described in the
aforementioned Insurance Exhibit.
12.2 Irrespective of whether Subcontractor is required to provide
performance, labor, and material surety bonds under the terms of the Subcontract
Agreement, Contractor shall have the right from time to time during the course
of the Work, and upon written recommendation of Contractor's legal counsel, to
require Subcontractor to furnish bonds for one hundred percent (100%) of the
Contract Price (with sureties and in form and amount acceptable to Developer and
Contractor) covering the faithfull performance of the Contract and the payment
of all obligations arising thereunder. Such bonds shall be furnished within ten
(10) days after Subcontractor has been given written notice of such requirement
by Contractor.
12.3 If an action for bodily injury and/or property damage is commenced
against Owner and/or Developer or Contractor, which in the opinion of
Contractor's counsel or insurance coordinator is covered by the indemnity
provisions of Article 11, Subcontractor shall. upon Contractor's written
request, promptly cause Subcontractor's insurance carrier to have its attorneys
appear timely in the action on behalf of Owner and/or Developer or Contractor
and provide the defense of Developer and/or Owner or Contractor.
ARTICLE 13. TIME IS OF THE ESSENCE / SUBCONTRACTOR'S PROSECUTION OF THE
WORK/DELAY/OVERTIME
13.1 TIME IS OF THE ESSENCE / SUBCONTRACTOR'S PROSECUTION OF THE WORK.
Subcontractor shall be responsible for all direct, incidental, and consequential
damages to Owner, Developer and to Contractor arising from any delay of
Subcontractor, its subcontractors and suppliers, in performing or completing the
Work in accordance with the time requirements of Paragraph 13.2 hereof. The
indemnity provisions of Article II are applicable to such damages and to claims
arising in respect thereto.
13.2 Subcontractor shall do all things necessary to ensure the prosecution
of the Work in accordance with any one or more of the following as determined by
Contractor in its absolute and sole discretion:
13.2.1 Project schedules and revisions thereof, given from time to time by
Contractor to Subcontractor;
13.2.2 the time requirements for various portions of Work, which said
requirements are made known from time to time by Contractor or Other
Subcontractors to Subcontractor;
13.2.3 the requirements of the Project including. but not limited to,
coordination requirements as may from time to time be known to Subcontractor or
be made known by Contractor or Other Subcontractors to Subcontractor;
13.2.4 schedules of the Work provided by Subcontractor to Contractor upon
Contractor's request.
13.3 Should the progress of the Work and/or Other Work be delayed by any
fault, neglect, act, or failure to act of Subcontractor or any of its
subcontractors or suppliers so as to cause any additional cost, expense,
liability or damage to Owner and/or Developer and Contractor or for which Owner
and/or Developer or Contractor may become liable, Subcontractor shall hold
Contractor harmless from and indemnify Contractor against all such additional
cost, expense, liability or damage in accordance with the provisions of Article
11.
13.4 The Work shall be performed during regular working hours, except that
in the event of emergency or when necessary to perform the Work in accordance
with the requirements of Paragraph 13.2, Work shall be performed at
Subcontractor's cost and expense (including Contractor's standby and other
general conditions costs) on night shifts. overtime, Saturdays, Sundays,
Holidays and at other rimes, if permission to do so has been obtained in writing
from Contractor. Without limiting the requirements of the preceding sentence, if
the progress of the Work or of the Project has been delayed by any fault,
neglect, act, or failure to act of Subcontractor or any of its subcontractors or
suppliers, Subcontractor shall work such overtime, at Subcontractor's cost and
expense as aforesaid, as Contractor shall deem necessary or desirable to make up
for all time lost and to avoid delay in the completion of the Work and of the
Project. The failure by Contractor to direct Subcontractor to engage in such
overtime work shall not relieve Subcontractor of the consequences of its delay.
13.5 Subcontractor shall commence the Work upon written notice by
Contractor.
13.6 Contractor may direct acceleration of the Work in order that it may be
performed in advance of the schedules, time requirements and Project
requirements described in Paragraph 13.2 hereof. If so directed, Subcontractor
shall increase its staff and/or work overtime. Subcontractor will not be
entitled to additional compensation for work performed outside of regular
working hours, except as authorized in writing by Contractor. Provided that
Subcontractor is not in default under the Contract, and Contractor has issued
the aforesaid authorization, there shall be added to the Contract Price an
actual out-of~pocket amount equal to : (i) additional wages actually paid, at
rates which have been approved by Contractor; (ii) taxes imposed by law on such
additional wages; (iii) premiums for worker's compensation and liability
insurance if required to be paid on such additional wages.
WRITTEN AUTHORIZATION FOR OVERTIME WHICH EXCEEDS $500.00 IN ANY ONE WEEK
SHALL BE INVALID UNLESS CONFIRMED IN WRITING BY Contractor's PROJECT MANAGER IT
BEING UNDFRSTOOD THAT CONTRACTOR'S ON-Sit SUPERINTENDENT SHALL ~OT HAVE
AUTHORITY TO AUTHORTZE SUCH OVERTIME WHTCH EXCEEDS 5500 go IN ANY ONE WEEK
ARTICLE 14. SHOP DRAWINGS AND SAMPLES
14.1 The term "shop drawings" means: fabrication, erection, layout and
setting drawings; manufacturers standard drawings; schedules; descriptive
literature, catalogs and brochures; performance and test data; and all other
drawings and descriptive data pertaining to materials, equipment, systems and
methods of construction as may be required to show that the materials,
equipment, systems, and methods of construction and the position thereof conform
to the requirements of the Contract Documents. The term "manufactured" applies
to standard units usually mass produced, and the term "fabricated" applies to
items specifically assembled or made out of selected materials to meet
individual design requirements. Shop drawings shall establish the actual detail
of all manufactured or fabricated items; indicate proper relation to adjoining
work; amplify design details in proper relation to physical spaces in the
structure; and incorporate minor changes of design or construction to suit
actual conditions.
14.2
The term samples" means natural materials, fabricated items, equipment, devices,
appliances or parts specified in the Contract Documents, and any other samples
as may be required by Architect/Engineer to determine whether the kind, quality,
construction, workmanship, finish, color
and other characteristics of the materials etc., proposed by Subcontractor
conform to the required characteristics of the various portions of the Work.
14.3 Subcontractor shall promptly submit all shop drawings and samples as
to cause no delay in the Work and Other Work. Subcontractor shall submit all
shop drawings and samples through Contractor for Architect/Engineer's review.
Review by Architect/Engineer shall not relieve Subcontractor from its
responsibility in preparing and submitting adequate and accurate shop drawings
and samples. By submitting shop drawings and samples, Subcontractor represents
and warrants that it has determined and verified all materials, field
measurements, and field construction criteria pertaining thereto, and has
checked and coordinated this information with the Work, Other Work and the
Contract Documents. Any submission which, in Architect/Engineer's opinion is
incomplete, contains numerous errors or has not been checked or only checked
superficially, will be returned not reviewed by Architect/Engineer for
resubmission by Subcontractor.
14.4 In reviewing shop drawings, Architect/Engineer need not verify
dimensions and field conditions. Architect/Engineer will review shop drawings
and samples only for conformance with the design concept of the Work and for
general detailing. Architect/Engineer's review shall not be construed as a
complete check nor shall it relieve Subcontractor from responsibility for any
deficiency that may exist or from any departures or deviations from the
requirements of the Contract Documents, unless Subcontractor has, in writing,
specifically called Architect/Engineer's attention to each specific deviation at
the time of submission. Nor shall Architect/Engineer's review relieve
Subcontractor from responsibility for errors in shop drawings; responsibility
for proper fitting of the Work, the necessity of furnishing any Work required by
the Contract Documents which may not be indicated on shop drawings when
reviewed; and the necessity of providing sufficient quantities of items.
14.5 Shop drawings must be properly identified with the name of the Project
and dated. Submission must be accompanied by a letter of transmittal referring
to the name of the Project and to the Specification section number for
identification of each item, and stating qualifications, departures or
deviations, if any, from the Contract Documents. Shop drawings. for each portion
of the Work, shall be numbered consecutively and the numbering system shall be
retained throughout all revisions. Each drawing shall have a clear space for the
stamp of Architect/Engineer.
14.6 Subcontractor shall submit reproducible sepia transparencies and
prints of each shop drawing as requested by Contractor, and such other drawings
as required under the various sections of the Specifications until final
approval by Architect/Engineer is obtained. Subcontractor shall submit copies in
number as requested by Contractor of manufacturers' descriptive data, drawings,
and literature for materials, equipment and fixtures, including catalog sheets,
showing dimensions, performance characteristics and capacities. wiring diagrams
and controls; schedules; and other pertinent information as required or
requested.
14.7 Subcontractor shall make any corrections required by
Architect/Engineer and shall resubmit corrected shop drawings or new samples
until approved. Subcontractor shall direct specific attention in writing to
revisions other than the corrections requested by Architect/Engineer.
14.8 No portion of the Work requiring a shop drawing or sample submission
shall be commenced until the submission has been approved in writing by
Architect/Engineer. All such portions of the Work shall be in accordance with
Architect/Engineer's approved shop drawings and samples.
14.9 If a considerable range of color, graining texture or other
characteristic may be anticipated in finished products, a sufficient number of
samples of the specified materials shall be furnished by
Subcontractor to indicate the full range of such characteristics which will
be present in the furnished products; and such products delivered or erected
without submittal and approval of full range samples shall be subject to
rejection. Except for range samples, and unless otherwise called for in the
Specifications, samples shall be submitted in duplicate. All samples shall be
marked, tagged or otherwise properly identified with the name of Subcontractor,
the name of the Project, the purpose for which the samples are submitted and the
date, and shall be accompanied by a letter of transmittal containing similar
information, together with the Specification section number or drawing number
concerning which the sample is submitted.
ARTICLE 15. PROTECTION/SAFETY AND ACCIDENT PREVENTION/CONSTRUCTION
PRACTICES AT THE SITE
15.1 Subcontractor shall continuously protect the Work, Other Work, and the
property of Owner and others from damage, injury or loss arising in connection
with the Work. Owner and/or Developer or Contractor shall not be responsible for
any loss or damage to the Work, however caused, until after final acceptance
thereof by Developer, nor shall Owner, Developer or Contractor be responsible
for loss of or damage (however caused) to materials, tools, equipment,
appliances and other personal property of Subcontractor used in the performance
of the Work.
15.2 Subcontractor shall remove all snow and ice as may be required or
requested for the proper protection and prosecution of the Work. Subcontractor
shall provide and maintain adequate protection against weather so as to protect
the Work from injury or damage.
15.3 Subcontractor shall employ only methods of construction, erection,
hoisting, rigging, forming, scaffolding, and cribbing, and use only tools,
structures, etc., at the Project site which conform to OSHA and other Legal
Requirements.
15.4 Subcontractor shall confine its equipment, the storage of materials
and the operations of workers to the areas permitted by Legal Requirements or as
may be established by Contractor, and shall not unreasonably encumber the
Project site with equipment and materials.
15.5 Subcontractor shall enforce Contractor's instructions and all Legal
Requirements regarding signs, advertisements, fires, smoking, alcoholic
beverages, and the possession of firearms by any person at the Project site.
15.6 Subcontractor shall prevent dust and smoke from interfering with the
normal activities of others.
15.7 Subcontractor, as necessary for the Work, shall provide flagmen, erect
proper barricades and other safeguards, and post danger signs and other warnings
as warranted by hazardous and existing conditions.
15.8 Subcontractor hereby represents that it has fully familiarized itself
with the loss prevention, safety and protection clauses of the Special
Conditions to the Subcontract; to the full extent stated therein, Subcontractor
has responsibility for maintaining a proper and sufficient safety and loss
prevention program covering the Work and covering its employees, agents and
subcontractors while at the Project site. In the event Contractor institutes a
safety and loss prevention program affecting the entire Project, Subcontractor
shall comply with such program. Subcontractor shall designate a responsible
member of its organization whose duties shall include loss and accident
prevention and
who shall have the responsibility and full authority to enforce the
aforesaid programs. This person shall hold meetings with the representatives of
Other Subcontractors to ensure that all workers and subcontractors understand
and comply with the programs. Subcontractor shall cooperate fully with
Contractor, all insurance carriers, and all loss prevention engineers and their
personnel regarding loss and accident prevention. Subcontractor recognizes that
its performance of the Subcontract and operations attendant thereto, may
necessarily be carried on adjacent to and within the right of-way of the Owner.
The tracks within this right of way may be operating tracks, and no changes in
operating schedules are contemplated to accommodate Subcontractor's operations.
15.9 Subcontractor shall promptly report in writing to Contractor and to
Subcontractor's insurance carriers all accidents arising out of, or in
connection with, the performance of the Work, whether on or off the Project
site, which caused death, bodily injury or property damage, giving full details
and statements of witnesses. In addition, if death or serious injuries or
serious damages are caused, the accident shall be reported to Contractor
immediately by telephone or in person.
15.10 Subcontractor, its subcontractors and suppliers, shall cooperate
fully with all interested parties regarding claims handling procedures, and
Subcontractor shall cause to be provided such legal defense as is required by
the provisions of Paragraph 12.3 hereof.
15.11 In an emergency affecting life, the Work, Other Work, or Owner's
property, Subcontractor, without special instructions or authorization from
Contractor, shall take the action necessary to deal adequately with such
emergency. Notice of any such action shall be given by Subcontractor to
Contractor as soon as is practicable.
15.12 All areas of the Work shall be maintained by Subcontractor in a neat
and orderly condition and free from accumulation of waste materials and rubbish
during the entire construction period. crates, cartons, flammable waste
materials, and trash shall be removed by Subcontractor from Work areas at the
end of each working day to a location directed by Contractor. kept All its
15.13 Subcontractor shall clean and maintain the Work and the area in which
the Work is in progress, as required by the Contract or as directed by
Contractor.
15.14 When directed by Contractor, Subcontractor shall dismantle and remove
from the Project site all construction and installation equipment, fences,
scaffolding, shanties, surplus materials, rubbish and supplies belonging or
attributed to Subcontractor or the Work.
ARTICLE 16. CORRECTION OF WORK
16.1 If Contractor deems it inexpedient to repair damage to property caused
by Subcontractor or its subcontractors or suppliers, to correct improper Work,
or to insist on completion of uncompleted Work, a deduction from the Contract
Price as determined by Contractor shall be made.
16.2 Subcontractor shall promptly remove and replace all Work rejected by
Contractor as falling to conform to the Contract Documents, and Subcontractor
shall pay the expense of making good all Other Work destroyed or damaged by such
removal or replacement. Contractor to advise if our work is unsatisfactory prior
to its being covered or encased as long as Contractor has prior knowledge of
such deficiencies.
16.3 If Subcontractor does not promptly correct or remove and replace
rejected Work, Contractor may, at the expense of Subcontractor, correct or
remove and replace the rejected Work. This right is in addition to all other
rights which Contractor has under the Contract Documents.
ARTICLE 17. ACCEPTANCE OF THE WORK/EARLY OCCUPANCY
17.1 The Work will be accepted, after inspection by Architect/Engineer,
when, in its, Contractor's opinion, the Work has been completed in accordance
with the Contract Documents except for the most minor of adjustments.
17.2 Before acceptance of the Work, Owner may use or occupy space or spaces
in the Project.
17.3 In the event that, under Paragraph 17.2, Owner desires to use or
occupy a portion of the Project prior to completion of the entire Project,
Subcontractor shall cooperate with Developer and Contractor in promptly making
available for Owner's use so much of the Work as is necessary for the Owner's
use or occupancy.
17.4 In respect of partial occupancy or use under Paragraph 17.2 hereof,
Subcontractor shall have no responsibility for increased expenses of operating
the building systems that would not have been incurred if there were no such
partial occupancy. Owner's use or occupancy of such portion of the Project shall
not constitute acceptance of any Work, materials and equipment which are not in
accordance with the Contract Documents, nor relieve Subcontractor from its
obligations to complete the Work and to remain responsible for loss or damage
due to or arising out of defects in, or malfunctioning of any Work, nor relieve
Subcontractor from any unfulfilled obligations or responsibilities under the
Contract.
ARTICLE 18. PAY~IENTS/NO LIFNS
18.1 CONTRACTOR SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY AMOUNTS
DUE OR CLANED TO BE DUE SUBCONTRACTOR FOR ANY REASON WHATSOEVER EXCEPT TO THE
EXTENT THAT CONTRACTOR HAS ACTUALLY RECEIVED FUNDS FROM DEVELOPER SPECIFICALLY
DESIGNATED FOR DISBURSEMENT TO SUECONT? ACTOR RECEIPT OF THESE FUNDS BY
CONTRACTOR SHALL BE A COND~ON PRECEDENT TO SUBCONTRACTOR'S RIGHT TO RECEPIB
PAYMENT Subcontractor acknowledges that the Contract Price must be paid from
funds to be received by Contractor from Developer. Accordingly, Subcontractor
hereby:
(a) agrees that the Contract Price shall be a non-recourse obligation and
that the liability of Contractor shall be limited to any funds actually received
by Contractor from the Developer attributable to Subcontractor's Work; and
waives Subcontractor's rights to assert any claim, demand, right, or cause
of action against Contractor for any portion of the Contract Price (unless and
to the extent that Contractor actually receives funds from the Developer
attributable to Subcontractor's Work).
Subcontractor agrees that this Section does not merely relate to timing of
payment but rather establishes a contingency upon which payment to Subcontractor
(or any of its subcontractors) shall rely.
18.2 Promptly after acceptance of Subcontractor's bid, Subcontractor shall
prepare for Contractor's approval a Trade Payment Breakdown showing the values
of the various portions of the Work in such detail and with such supporting
evidence as Contractor may require. No Application for Payment by Subcontractor
will be processed by Contractor until the aforesaid approval has been given.
18.3 On or before the 20th day of each month during the progress of the
Work, Subcontractor shall submit to Contractor an Application for Payment in
affidavit form, sworn to by a principal officer of Subcontractor, which shall
include the following:
18.3.1 The names and addresses of all Subcontractor's subcontractors and
suppliers;
18.3.2 The amount of each subcontract or the price of each purchase order
for supplies;
18.3.3 the amount paid to Subcontractor to the date of the Application for
Payment;
18.3.4 the amount requested by Subcontractor on the current Application for
Payment;
18.3.5 the balance that will be due after the payment requested is made;
18.3.6 any additions to and subtractions from the Contract Price in
accordance with the Contract Documents;
18.3.7 the amount being withheld for retention;
18.3.8 the percentage of completion of each detailed portion of the Work
listed in the Trade Payment Breakdown.
18.4 Each Application for Payment shall provide for a retention of ten
percent (10%) of the amount due until completion of the Work and acceptance
thereof by Contractor and Developer. Subcontractor shall furnish with each
Application for Payment such documentation, material invoices, evidence of
equipment purchases, rentals and other details of cost as Developer, Owner's
and/or Developer's construction lender, or Contractor may require from rime to
time. With Contractor's approval, an Application for Payment may reflect Work
that is expected to be completed by the end of the month to which the
Application for Payment is applicable.
18.5 With each Application for Payment, Subcontractor shall submit to
Contractor a duly executed waiver or partial waiver of lien in the form approved
by Contractor, and acknowledged under oath by a principal officer of
Subcontractor. In addition, Subcontractor shall, with each Application for
Payment, furnish an affidavit, in the form approved by Contractor and sworn to
by a principal officer of Subcontractor, stating the amount of prior payments to
Subcontractor's subcontractors and suppliers in respect of the Project and the
amount to be owing and due by Subcontractor to its subcontractors and suppliers
through the end of the period covered by the Application for Payment.
18.6 Payments for stored material shall only be made if Contractor
specifically approves in writing. If payments are to be made on account of
materials and equipment not incorporated in the Work but delivered and suitably
stored at the Project site or at some other location agreed upon by Contractor
in writing, such payments shall be conditioned upon submission by
Subcontractor of bills of sale and other documents satisfactory to Developer's
and/or Owner's construction lender to establish Owner's title to such materials
and equipment and to otherwise protect Developer's and/or Owner's interests
including applicable insurance and transportation to the Project site.
18.7 Contractor may decline to approve an Application for Payment in whole
or part and/or may decline to make a payment because of evidence of:
18.7.1 defective Work or material;
18.7.2 claims filed or evidence indicating probable filing or making of
claims;
18.7.3 failure of Subcontractor to make payments to its subcontractors or
to suppliers for labor, services, materials or equipment;
18.7.4 reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Price;
18.7.5 damage to Other Subcontractors;
18.7.6 unsatisfactory prosecution of the Work;
18.7.7 erroneous estimates by Subcontractor of the value of the Work
performed;
18.7.8 unauthorized deviations from the Contract Documents;
18.7.9 any other failure of Subcontractor to perform pursuant to the
Contract.
18.8 When, as, and if all the above grounds for declining approval are
removed, payment shall be made for amounts withheld.
18.9 Final payment of the unpaid balance, including retention, shall be
made on an Application for Final Payment in form approved by Contractor.
18.10 The Application for Final Payment shall be accompanied by the same
type of documents, information, and affidavits as set forth hereinabove for an
application for progress payment except, however, that the following additional
conditions shall be fulfilled:
18.10.1 a full and final release and waiver of all liens and claims in
connection with the Work shall be submitted by each of Subcontractor's
subcontractor or supplier who has performed work or supplied materials to the
Project on behalf of Subcontractor, such waiver to be in a form approved by
Contractor. In the event that any such release and waiver of lien is not or
cannot be furnished, then there shall be furnished to Contractor a bond or other
security satisfactory to Contractor to indemnify Owner, Developer or Contractor
against any such lien or claim;
18.10.2 Subcontractor shall have made or caused to have been made, all
corrections in the Work required to remedy any defects therein and obtain
compliance with the directions of Contractor and with the Contract;
18.10.3 Subcontractor through Contractor shall have delivered to Developer
all written guarantees, warranties, bonds, operating and maintenance manuals,
instructions and as-built drawings required by the Contract Documents;
18.10.4 Architect/Engineer shall have issued a Final Certificate for
Payment, if required by Developer;
18.10.5 the General Release referred to in the following paragraph has been
delivered.
18.11 Acceptance by Subcontractor of the Final Payment shall constitute a
release of Owner, Developer and Contractor of and from all liability for all
things done or not done or furnished or not furnished in connection with the
Work, and for every act, omission, or neglect, if any, relating to or arising
out of the Project. Before final payment, Subcontractor shall also execute and
deliver a General Release to Contractor naming Owner, Developer and Contractor,
said General Release to be in such form as Contractor may provide.
18.12 To the extent permitted by law, Subcontractor shall not suffer or
permit any lien or other encumbrance to remain of record as a claim against the
building or the Project site or against any monies due or to become due for any
Work performed or materials furnished by. to or on behalf of Subcontractor, or
any of its subcontractors or suppliers; nor shall Subcontractor suffer or permit
any such lien or other encumbrance to be so filed because of any claim or demand
against, or any action or non-action of, Subcontractor or any of its
subcontractors or suppliers. If any such lien or other encumbrance has been so
filed, Subcontractor shall promptly cause the removal or discharge thereof from
the building and the Project site, and no payment shall be made to Subcontractor
until said lien or other encumbrance has been removed or discharged or there has
been furnished to Contractor, Developer and Owner a bond or other security
satisfactory to Contractor, Developer and Owner protecting and holding harmless
the Developer, Owner and Contractor from any liability. fees, or costs
(including, without limitation. attorneys' fees) in connection therewith.
18.13 The failure of Subcontractor after ten (10) days written demand by
Developer or Contractor, to remove or discharge a lien or other encumbrance
filed by Subcontractor or by Subcontractor's subcontractor or supplier, shall
constitute breach of the Contract.
18.14 No certificate issued or payment made to Subcontractor nor any
partial or entire use or occupancy of the Project site shall be an acceptance of
any Work not in accordance with the Contract Documents or be deemed evidence of
proper performance of the Work. either in whole or in part, or be construed as
an acceptance of defective workmanship or improper materials.
18.15 Subcontractor shall have delivered to Contractor all reproducible
final drawings showing the Work "as built,,, and all guarantees and operation
and maintenance instructions for equipment and apparatus.
ARTICLE 19. CHANGE ORDERS/CLAIM FOR EXTRA COST/'TIME EXTENSIONS
19.1 Contractor may order changes in the Work consisting of additions,
deletions, and revisions. The Contractor shall have the right to delete Work
from the Contract for any reason whatsoever and to direct Other Subcontractors
to perform such work, and in such event Subcontractor shall have no claim
against Developer, Contractor or Owner for such deletion of work or for breach
of Contract.
The Contract Price and completion time requirements shall be adjusted as
set forth below to the extent that Developer in its sole discretion agrees to
such adjustment. All changes in the Work shall be authorized only by written
Change Orders executed by Contractor's Project Manager except that emergency
work may be authorized by Contractor through an order signed by its field
superintendent. All changes in the Work shall be performed pursuant to the
Contract Documents.
19.2 Any increase or decrease to the Contract Price resulting from a change
in the Work shall be determined in one or more of the following methods as
deemed applicable by Contractor to a specific situation:
19.2.1 by mutual acceptance of a lump sum, properly substantiated and
itemized;
19.2.2 by unit prices stated in the Contract or if none are stated, as
agreed upon;
19.2.3 by the sum of the following in the order stated: (i) the actual and
reasonable out-of-pocket cost of additional materials; (ii) the actual and
reasonable out-of-pocket cost of additional labor base wage only); (iii) an
amount for overhead and profit for Subcontractor and its subcontractors equal in
the aggregate to twenty-one percent (21 %) of the actual and reasonable
out-of-pocket costs of base wages and material, and (iv) actual additional
out-of-pocket employee benefits, insurances, welfare, taxes and other fringes.
19.3 If Subcontractor objects to the method of determining the increase or
decrease of the Contract Price deemed applicable by Contractor, Subcontractor
shall nonetheless promptly proceed with the additional, revised or deleted Work
involved. The increase or the decrease for such Work shall then be resolved by
the parties by agreement or otherwise on the basis of value but in no event
shall such value exceed the actual and reasonable out-of-pocket cost or cost
savings to the Subcontractor of the additional, revised, or deleted Work.
19.4 When both increases and decreases are involved in any one change, the
allowance for overhead and profit shall be figured on the basis of the net
increase, if any.
19.5 If Subcontractor claims an increase in the Contract Price or an
extension in the completion rime requirements by reason of a change in the Work,
Subcontractor shall give Contractor written notice thereof within ten (10) days
after Subcontractor's knowledge of the occurrence of the matter giving rise to
such claim. This notice shall be given by Subcontractor before proceeding to
execute the changed Work, except in an emergency endangering life or property in
which case Subcontractor shall proceed in accordance with Paragraph 15.11
hereof. No such claim shall be valid unless notice is given as aforesaid.
Subcontractor shall proceed to execute the Work, even though the increase or
time extension has not been agreed upon.
19.6 Should Subcontractor be obstructed or delayed in the commencement,
prosecution or completion of the Work, without fault on its part, by reason of:
failure to act, direction, order, neglect, delay or default of the Developer,
the Architect/Engineer, the Contractor, or any Other Subcontractor employed upon
the Project; by changes in the Work; fire, lightning, earthquake, enemy action,
act of God or similar catastrophe; by Government restrictions in respect to
materials or labor; or by an industry-wide strike beyond Subcontractor 5
reasonable control, then Subcontractor shall be entitled to an extension of time
to perform the Work which shall be equal to the time lost by reason of any or
all of the causes aforesaid, but no claim for extension of time on account of
delay shall be allowed unless a claim in writing therefor is presented to
Contractor with reasonable diligence but in any event not later than ten (10)
days after the commencement of such claimed delay. Except for the causes
specifically listed above in this Paragraph 19.6, no other cause or causes
of delay shall give rise to an extension of time to perform the Work. The
granting of an extension is conditioned upon Subcontractor's timely submission
of the aforesaid written notice. Subcontractor expressly agrees not to make and
hereby waives any claim for damages. including those resulting from increased
labor or material costs. on account of any delay obstruction or hindrance for
any cause whatsoever whether or not foreseeable and whether or not anticipated
including but not limited to the aforedescribed causes and agrees that the sole
right and remedy therefor shall be an extension of time. provided the requisite
condition as to written claim has been met.
19.7 Subcontractor shall not be allowed an extension of time unless
Subcontractor has established to Contractor's satisfaction that the delay
claimed by Subcontractor is to a portion of the Work on the critical path of the
work schedule.
19.8 IT IS EMPHASIZED THAT NO MONETARY RECOVERY MAY BE OBTAINED BY
SUBCONTRACTOR FOR DELAY TI\11E EXTENSTONS FOR DELAY ARE LIMITED TO TT{E SPECIFIC
CAUSES SET FORTH IN PARAGRAPH 19 6 HEREOF AND. THEN ONLY UPON COMPLIANCE WTTH
THE N~CE AND PROOF REOUTREMENTS OF PARAGRAPHS 19 6 AND 19 7 HEREOF
19.9 IT TS SPECTFICALLY AGREED BY SUBCONTRACTOR THAT UNDER NO CIRCUMSTANCES
WILL SUBCONTRACTOR LOOK TO OR ~AKE ANY CLAIM AGAINST CONTRACTOR OR
ARCHTTECT/ENGTNEER FOR THE CONSEOUENCES OF ANY DELAY RESU~NG FROM DIRE~ONS GIVEN
OR NOT GIVEN BY CONTRACTOR INCLUDING SCHEDULING AND COORDINATTON OF THE WORK OR
RESULTING FROM ARCHITECT/ENGINEER'S PREPARATION OF DRAWINGS AND SPECIFICATIONS
OR REVIEW OF SHOP DRAWINGS
ARTICLE 20. TERMINATION BY CONTRACTOR
In addition to all termination rights for cause under the Contract
Documents, Contractor shall have the right, for any reason or for no reason, and
at any time, by written notice to Subcontractor, to terminate the Contract and
require Subcontractor to cease the Work hereunder. In the event that Contractor
shall terminate the Contract pursuant to this Article 20, Subcontractor shall be
paid a pro rata portion of the Contract Price based on the Work in place prior
to such termination as Contractor shall determining, and Subcontractor shall be
entitled to no other payment.
ARTICLE 21. COOPEPATJON WITH LENDERS
Subcontractor shall at all times cooperate, to the course of its
performance of the Work and of the Contract, with any entity or entities
providing financing for the Project, and shall agree in writing to all changes
and modifications to the Contract Documents which are requested by such entity
or entities that do not impose any substantial additional burdens on
Subcontractor or materially reduce or limit Subcontractor's rights.
Subcontractor shall supply such information and certifications as reasonably may
be required from time to time by the aforesaid lending entity or entities in
order that Owner or Developer can satisfy conditions to lender's obligations to
make advances upon Owner's or Developer's construction loan.
SPECIAL CONDITIONS to Contract dated May 15,1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration/Retail LMB Project No.2458.03
Trade: Structural Steel/ Metal Deck/Selective Demolition
The provisions of these Special Conditions modify or clarify and/or
add to the Contract Documents. To the extent that there is any
contract or ambiguity between the provisions of these Special
Conditions and the terms and conditions of the Contract Documents, the
stricter, more comprehensive, more demanding requirement or provision
shall control, subject to Paragraph 4 of the Trade Contract Agreement
and Articles 18 and 19 of the General Conditions. Unless otherwise
defined herein, all terms shall be defined as set forth ~ the Trade
Contract Agreement, General Conditions and Project Specifications.
TLME RESTRICTIONS
1. All work on occupied tenant towers shall be on off hours which are
defined as 6:00 P.N{. through 7:00 X.XX Monday through Friday, and
1:00 P.M. through 6:00 A.M. Saturday, and all day Sunday.
2. No movement of material is permitted through public areas between
hours of 7:00 A.M. to 10:00 A.~L and 4:00 P.M. to 7:00 P.M.
3. Personnel access between hours of 10:30 P.M. to 5:30 A.M. is limited
to 000 Xxxx 0xx Xxxxxx. All other times use Elevator "B" at 43rd
Street entrance.
MATERIAL/PERSONNEL ACCESS
4. All access into the building shall be through entrances designated by
the Contractor. Subcontractor's personnel shall abide by all security
and building access requirements required by the building management.
5. This Subcontractor is fully aware of the difficulties in facilitating
deliveries and of unloading materials, equipment, and manpower at
this site. The cost of short bed trucks, off hour deliveries of
equipment and associated charges are included in the subcontract
price. This Subcontractor will coordinate deliveries to comply with
the requirements of the New York City Department of Transportation
and other governing agencies. Trucks and materials shall not block
the sidewalks.
6. Material may be delivered through the 00xx Xxxxxx delivery entrance
off Lexington Avenue or via rail.
7. Subcontractor may access the terminal via Metro-North work train.
Work trains may be made available to deliver material from BN yard
(225th Street off Broadway) to GCT.
a) A minimum of 12 days advance notice is required.
b) Subcontractor to assume all responsibility to schedule and pay
for the use of a Metro-North work train.
SPECIAL CONDITIONS to Contract dated May 15,1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration I Retail LMB Project No.2458.03
Trade: Structural Steel/ Metal Deck/Selective Demolition
8. Freight access during construction period is permitted via use of
Elevator "B" at 43rd Street loading area and is limited to the hours
of 7:00 A.M. to midnight, 5 days/weeks without charges. There will be
charges at other hours.
9. Subcontractor shall prepare and submit for review, coordination and
approval site logistic plan indicating personnel, material and
equipment to be used within Subcontractor's work areas.
LIFE SAFETY
10. Subcontractor is advised and understands that all areas of Grand
Central Terminal are designated "No Smoking". The Contractor will
enforce this requirement strictly. Violating personnel will incur
minimum fine of $500.00 (five hundred dollars) per occurrence.
11. Gasoline/gas powered tools may not be used in the tunnel. Torches for
soldering or burning are excluded from this restriction, subject to
the conditions of paragraph 16 below.
12. Subcontractor is responsible for supplying all labor, material and
equipment for firewatches including fire extinguishing equipment
during welding, burning and similar operations.
13. Subcontractor must provide all necessary and required xxxxxxx,
screens and protective blankets for personnel and material during all
welding, burning or other similar operations.
14. Subcontractor shall not cause any n9ise to exceed level of 50db at
any point 3'4)" away from space or area at which work is being
conducted. Contractor will utilize his best effort within industry
standards to comply Le. mufflers, etc. customary to this Trade
Contractor's work
15. Prior to loading of any floors in Grand Central Terminal for storage
or delivery purposes Subcontractor shall obtain authorization in
writing from General Contractor to assure that allowable uniform live
loads are not exceeded. Allowable loads on structure are stated in
the specifications.
16. No burning or welding is allowed prior to obtaining written approval from
Xxxxxx XxXxxxxx Bovis.
PROTECTION OF METRO-NORTH
SPECIAL CONDITIONS to Contract dated May 15,1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration I Retail L~IB Project No.2458.03
Trade: Structural Steel/Metal Deck/Selective Demolition
17. All shutdowns of active permanent or temporary services
(Subcontractor tie-ins, ~.e. electrical, water, etc.) shall be
coordinated through the General Contractor. Shutdowns may be required
to be performed during off-hours. Any and all costs of off-hours work
required for shutdown tie-in is included in the Contract price and
shall not be the basis of a request for change order. where such
shutdowns are required, Subcontractor shall provide written
notification at least seventy-two (72) hours in advance and must
obtain approval from the Owner/General Contractor prior to
proceeding.
18. Track outages must be scheduled in advance through Contractor. Track
outages may be allowed from 9:30 P.M. to 5:30 A.M. during weekdays
and all hours during Saturday and Sunday. Third rail will be
de-energized by Metro-North.
19. Request for track outages are to be submitted (14) days in advance of
the date such outage is desired. No work may actually commence until
an authorized Metro-North representative affirmatively advises that
necessary protection forces are stationed, and that work may proceed.
20. Subcontractor may not claim for any lost time due to non availability
of track outages, or conflict with usage by Metro-North.
Subcontractor acknowledges that the track outage can neither be
guaranteed nor accurately predicted.
21. Except as expressly provided herein, use of other Metro-North
facilities including, but not limited to elevators and public toilets
is prohibited. Contractor will designate a temporary toilet facility
for use of Subcontractor.
22. Under no circumstances shall Subcontractor personnel cross an active
track without supervision of a Metro-North flagman. All request for
flagman shall be made in writing to Contractor no less than 14 days
in advance. No delay claims shall be made due to unavailability of
flagman.
23. No construction related activity shall interfere with Metro-North's
tenant and/or operation and public use of space.
24. Subcontractor shall not reduce width of any passage entrance or other
access to Grand Central Terminal without prior written approval from
the General Contractor.
25. No Subcontractor signage shall be displayed except as required by NYC
Building Department
26. Subcontractor equipment and materials shall at all times maintain 16'~"
clearance from top of rail.
SPECIAL CONDITIONS to Contract dated May 15,1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration I Retail L~ Project No.2458.03
Trade: Structural Steel/ Metal Deck/Selective Demolition
27. All Sub contractor personnel traveling within 15'~" of track
centerline shall be accompanied by a MetroNorth flagman.
28. When loading a flatbed, the load shall not exceed the width of the
car (10'O") and height of 12' from the top of the rails.
29. Subcontractor shall ensure that all work areas are kept flee of
accumulations of waste and rubbish, that occupied areas and
passageways are kept unobstructed, and that work activities are
confined to authorized areas.
30. Subcontractor shall strictly adhere to all instructions and
directions issued by Metro~North to prevent disturbance or
interference with its business operations and shall promptly comply
with any stop work orders, and shall at all times manage the Work to
minimize disturbance or interference to Metro North's operations.
31. Subcontractor shall at all times enforce compliance with Owner's rules
and regulations governing its properties and operations.
32. Subcontractor shall direct the course of its construction operations
so as to safeguard the tracks, rolling stock and other equipment and
appurtenances of Metro-North from being damaged in any manner and
agrees to be financially responsible for same.
33. Subcontractor shall comply with all requirements of Metro-North
applicable to this type of construction and agrees not to perform any
operations which might foul the right-of-way until Subcontractor has
complied with such rules and procedures.
$4. An operating track will be considered fouled when any equipment or
material is or may be brought closer than fifteen (15) feet from
gauge of near rail. A xxxxx, xxxxxxx or similar piece of equipment
shall also be considered as fouling the track when it is brought over
the right-of-way within the prism created by the ten-foot rule. The
same rules will apply to the fouling of power, communication and
signal lines or to storage of materials.
35. Without regard to the rules on fouling, whenever any part of the Work
may affect the safety or movement of trains, the method of doing the
same shall first be submitted to Contractor for approval, and may not
be performed without such approval. Contractor's approval shall not
release Subcontractor from any of his obligations under this
Agreement.
SPECIAL CONDITIONS to Contract dated May 15,1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration I Retail L~ Project No.2458.03
Trade: Structural Steel/Retail Deck/Selective Demolition
36. Subcontractor may not store materials or equipment upon Metro North
property without first obtaining written permission from Contractor.
HISTORIC L~NDMAKK
37. This project takes place in an historic landmark building.
Subcontractors shall treat materials, fixtures and objects regardless
of apparent condition with utmost care-
38. No work involving cutting or removal of historic surfaces or items
shall occur without Architect/Engineer's 'S approval.
39. As inaccessible areas are exposed by surface removal, Subcontractor
may be required to temporary halt work, at no additional cost, for
further architectural investigation and recording.
SITE I~WESTIGATION
40.
Subcontractor shall carefully inspect the site of the Work, and shall
independently and fully satisfy itself with respect to all surface, subsurface,
concealed, exposed and other physical conditions at the site, all general and
local conditions, and all other matters which might in any way affect the
Contract or its performance. Neither the Owner, Contractor, or the Architect/
Engineer has made and shall not make representation as to the nature, existence
or location of any conditions, existing installations, or obstacles that that
may be encountered, whether concealed or exposed, or any general or local
conditions which may in any way affect the Contract or its performance, and
nothing contained in the Contract Documents shall be construed as such a
representation. [omitted] The Subcontractor shall satisfy itself as to the
accuracy of all grades, elevations, dimensions and locations. In all cases of
interconnection of its Work with existing or other work, it shall verify at the
site all dimensions relating to such existing or other work. Any errors due to
the Subcontractor's failure to so verify all such grades, elevations, locations
or dimensions shall be promptly rectified by the Subcontractor without any
increase to the Contract Price.
Subcontractor hereby represents that it is experienced in the
construction of buildings in New York City, familiar with all
applicable building codes, standards, and regulations, to our trade and
aware that conditions encountered in the course of substantial
renovation projects frequently are not anticipated or accommodated by
the Architect/Engineer's plans and specifications. Subcontractor shall
expect adjustments and modifications to the Work as called
SPECIAL CONDITIONS to Contract dated May 15,1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration/Retail LMB Project No.2458.03
Trade: Structural Steel/Metal Deck/Selective Demolition
for in the Contract Documents in order to accommodate existing
conditions at the site as they eventually may be found to exist, and
shall perform such adjusted or modified work as per unit prices in
Contract.
THE SUBCONTRACTOR'S OBUG~ON TO PROCEED WITH WORK
41. Subcontractor shall at all times promptly proceed with the Work as
ordered and directed by Contractor in writing. Subcontractor shall not suspend
all or any part of the Work or refuse to comply, with any order or direction of
Contractor pending reasonable negotiating of any dispute or for any other
reason. Any such suspension or refusal shall be a material breach of the
Contract. Subcontractor may reserve whatever right, if any, Subcontractor may
have to make claim with respect to any order, direction, action or inaction of,
the Contractor by giving notice as required by Paragraph 45 of these Special
Conditions, and by advising in writing, prior to proceeding with the work in
question, that Subcontractor is proceeding under protest
HOLIDAY RESTRICTIONS
42. Subcontractor shall not schedule nor perform any activities that
require any overnight inspection or support of any kind by Contractor
or Metro-North or that interferes with the operation of trains or the
flow of passengers from I p.m. through midnight on the eve of each
holiday and from 12:01 a.~ through midnight the day of each holiday.
The holidays subject to the foregoing are:
o New Year's Day
o President's Day
o Memorial Day
o Independence Day
o Labor Day
o Thanksgiving Day
o Christmas Day
Subcontractor's compliance with the foregoing holiday scheduling
provisions shall in no way be a basis for any claim for delays or
additional payment under the contract.
43. In addition, Subcontractor shall not schedule nor perform any
activities that interfere with the operation of trains or the flow of
passengers from 1 p.~ through 9 p.m. on the eve of Rosh Hashanah, the
eve of Yom Kippur, the eve of the first day of Passover, and December
23rd.. Activities such as, but not limited to, the set-up, relocation
and dismantling of protective barriers, barricades, scaffolding an the
like, and any activities that produce loud noises, dusts, fumes,
SPECIAL CONDITIONS to Contract dated May 15,1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration I Retail L~~IB Project No.2458.03
Trade: Structural Steel/Metal Deck/Selective Demolition
airborne contaminants and other discharges will be considered as
interfering with the operation of trains and the flow of passengers.
44. The date 0(pound) observance at the worksite of all the foregoing
will be as determined by Metro~North. For any holiday that is to be
observed on a Sunday or Monday, the designated eve of such a holiday,
which will be subject to the above restrictions, shall be the
preceding Friday.
NOTICE
45. Notice of any claim by Subcontractor for extra compensation or damages
of any Sort shall be given in writing to Contractor within three (3) working
days after the first act, omission, occurrence, or circumstance upon which the
claim is based. The purpose of this notice is to give Contractor the opportunity
to promptly: (a) to cancel or revise orders or directions, change plans,
mitigate or remedy circumstances giving rise to the claim or take other action
that may be desirable, ~) to monitor and verify the facts and circumstances as
they occur, and (c) to verify any costs and expenses claimed by Subcontractor
contemporaneously as they are incurred. Notice is required whether or not
Contractor, the Owner, or the Architect/Engineer is aware of the facts or
circumstances which constitute the basis for Subcontractor's claim, and no
action or conduct of Contractor, the Owner, or the Architect/Engineer shall be
regarded as a waiver of such notice requirement, except only a written statement
to that effect signed by Contractor. Failure of Subcontractor to give written
notice as required shall conclusively be deemed to be a waiver and release of
any claim, and such notice shall be a condition precedent to the Subcontractor's
right to make any claim arising out of, under, or in connection with the
Contract or its performance.
GOVERNING LAW AND JURISDICTION
46. The Contract, and any and all questions and disputes arising out of or
relating to it, shall be governed by the laws of the State of New York.
47. Any action, proceeding1 claim, or cause of action brought by Contractor
or Subcontractor against the other, arising out of or relating to the
Contract or the breach thereof, shall be brought only in the Courts of
the State of New York, in the venue in which the project site is
located, and the parties hereby consent to the jurisdiction of said
courts for the purpose of any such action or proceeding.
MISCELL~NEOUS ITEMS
SPECIAL CONDITIONS to Contract dated May 15, 1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration/ Retail L~ Project: No.2458.03
Trade: Structural Steel/Metal Deck/Selective Demolition
4$. The Subcontractor represents and warrants that all shop drawings
shall be prepared by persons and entities possessing expertise and
experience in the trade for which the shop drawing is prepared.
49. All notices required to be given by Subcontractor under the General
Conditions shall be given by Subcontractor within seven (7) rather
than ten (10) days. Within three (3) days after such notice is given,
Subcontractor shall give to Contractor its best estimate (and reasons
therefor) of (a) the period of delay likely to ensue from the
circumstances set forth in the notice and ~) the steps which
Subcontractor has taken or intends to take to mitigate the effects of
such circumstances.
50. The Subcontract Price will not be increased and no extension of time
will be granted on account of errors, omissions, ambiguities or
conflicts in the Drawings and Specifications, or variances between
the Drawings and Specifications and such laws, ordinances,
regulations and rules, which Subcontractor recognized or reasonably
should have recognized and failed to report to Contractor.
51. If Subcontractor at any time after the date of this Agreement
discovers any errors, omissions, ambiguities or conflicts in or
between any Drawings and Specifications or any variances in any
Drawings and Specifications with any legal requirements,
Subcontractor shall notify Contractor in writing and await
Contractor's determination and clarification before proceeding with
the Work in question. Any Work performed before such determination
and clarification shall be at Subcontractor's sole risk and expense.
52. Subcontractor shall be responsible for laying out the Work and for
checking and for reporting to Contractor, for correction, any
inconsistencies in dimensions indicated on the Drawings.
Subcontractor shall in no case attempt to determine a dimension by
scaling a Drawing. The Concourse/Utilities Price and the Retail Price
will not be increased on account of any such inconsistencies in
dimensions.
53. Subcontractor shall keep an accurate record of all deviations from
the Drawings and Specifications which may occur in the Work as
actually constructed and all other conditions of the Work as actually
constructed. Upon completion 0(pound) the Work, Subcontractor shall
furnish to Contractor a full and complete set of such mylar as-built
drawings for all aspects of the Work not later than sixty (60) days
after completion of Subcontract. Final payment to Subcontractors will
not be made without acceptable as-built drawings having been
delivered to Contractor.
54. Time is of the essence of this Agreement. Subcontractor2s failure to
meet its Substantial Completion Date or the Final Completion Date may
cause increased costs and damages to Owner, including without
limitation, increased
SPECIAL CONDITIONS to Contract dated May 15, 1996 between Xxxxxx XxXxxxxx
Bovis, Inc. & U.S. Bridge of New York, Inc.
Grand Central Terminal Restoration/ Retail L~ Project No.2458.03
Trade: Structural Steel/ Metal Deck/Selective Demolition
administrative costs, interest costs, loss of rental income and loss
of use, and Subcontractor shall be liable to Contractor and/or Owner
for delays.
55. If Contractor so authorizes Subcontractor, in writing, Subcontractor
shall proceed with and may requisition payment for the Work covered
by the Change Order in the absence of a fully executed Change Order.
56. Subcontractor shall warrant all of the Work for a period of two (2)
years from the issuance of certificate of final completion by Contractor or the
date of final payment, whichever occurs first, against any defective
workmanship, equipment or materials, and shall be responsible for any damage to
any other portion of the Work or the Project resulting therefrom. Subcontractor
shall promptly correct any such defect in the Work at Subcontractor's expense
upon notice from Contractor or Owner during such period, and shall be
responsible for all costs incurred in repairing or replacing any such defective
workmanship, equipment and materials and damage to other portions of the Work or
the Project In the event that Subcontractor performs any corrective work after
the first year of such two-year warranty period, Subcontractor's warranty with
respect to such corrective work shall extend until twelve (12) months alter such
corrective work was performed. Acceptance will occur on an area by area basis,
although warranty of the work shall be for a period of two years from issuance
of Owners certificate official completion.
EXHIBIT "B" TO CONTRACT, DATED MAY 15,1996, BETWEEN XXXXXX XxXXXXXX BOVIS,
INC. & US BRIDGE OF NEW YORK
Trade: Structural Steel/Metal Deck/Selective Demolition Grand Central
Terminal I Retail L~ Project ~2458.O3
1.This Scope of Work is intended to indicate, but not limit, die work to be
performed. The scope shall include, but is not limited to all necessary labor,
material, accessories, equipment, hardware, fasteners, tools, layout,
engineering, supervision, hoisting, scaffolding, shop drawings, packaging,
trucking, freight, delivery, permits, insurance, applicable taxes and all other
services required for die complete performance of die Structural Steel I Metal
Deck Selective Demolition and all related work for this project in accordance
with this Scope of Work and die Drawings and Specifications listed in Exhibit
"A" attached to die Subcontract.
2. The Work shall be furnished and installed in accordance with die
Drawings and Specifications prepared by die Architect and/or Engineer for die
Project. Any deviation from said Drawings and Specifications shall require prior
written approval from die Architect and/or Engineer and die General Contractor.
Any correction work required as a result of unapproved deviations shall be
charged to die Subcontractor.
3. Subcontractor acknowledges having visited die job site to familiarize
himself with die work area and all existing conditions. Subcontractor shall
field measure all existing conditions as required.
4. Subcontractor represents that he is familiar with and has expertise in
die performance of this trade. Further, die Subcontractor knows of; and agrees
to die Project requirements for premium quality consistent with a first class
building and working in a historic landmark type facilities in accordance with
the best practices of the trade, industry and Drawing and Specifications.
Subcontractor is aware of the Project Requirements regarding access and hours of
operation.
5. Subcontractor has examined die Drawings and Specifications listed in
Exhibit "A" and shall identify all options and costs savings available to die
Owner while providing highest quality system. Modifications made to conform to
the legal requirements and good construction practice will be included at no
additional costs.
6. All work is to be performed in accordance with die latest safety
standards as established by legal requirements, Q.S.H.A. all other applicable
regulatory bodies.
7. General Contractor may require Subcontractor to perform all work in
areas out of sequence if required if reasonable. In addition, Subcontractor may
be required to leave out portions of his work for temporary services and return
at a later date to complete die work. Comeback time will be at no additional
cost to die Owner or General Contractor.
8. Ten days after award of die Contract, this Subcontractor will submit
shopdrawing submittal schedule to die General Contractor. This Subcontractor
will then prepare complete shop drawings and present required submittals for
approval as required by die Architect at no additional cost to Owner.
Subcontractor shall submit samples of all materials for approval, as described
in die Specifications. The material used on the Project shall match the approved
samples in all situations, and shall be strict accordance with that approved.
Both shop drawing
and sample submissions must be in accordance with the schedule. This
Subcontractor will only work from and use approved drawings and samples.
9. If Specification requires, Subcontractor shall provide mock-ups of his
Work, by performing such work in an area designated by the General Contractor in
advance of his normal sequence for the project. Such work will be critiqued by
General Contractor, Owner, and Architect/Engineer. Subcontractor shall then
perform his work( in accordance with those comments at no additional cost as
transmitted to Subcontractor by General Contractor.
10. This Subcontractor shall provide General Contractor with the names and
addresses of material manufacturers, suppliers and second tier subcontractors
anticipated to be used, including utilizing ~I/WBE entities. These
subcontractors shall be governed by all Terms and Conditions (including
insurance requirements) of die Contract between Subcontractor and Owner. No
subcontractors may be used, solicited or allowed to enter the job site without
prior written approval from General Contractor.
11. This Subcontractor shall attend weekly job meeting scheduled by the
General Contractor, and will properly coordinate the work with other trades and
resolve matters related to completion of work on schedule. If required, a
principal shall also attend. The work of this Subcontractor shall be performed
in a manner that does not impede or delay another Subcontractor in the
performance of his work. Subcontractor's Project Manager shall attend weekly
construction coordination meetings at the job site as scheduled.
12. This Subcontractor will be prudent in the execution of its works so as
not to damage existing construction. Protection of existing is by others while
performing his work in accordance with the Special Conditions. Any work
performed by others, previous, existing, and/or new, that is damaged by this
Subcontractor or his employees or agents shall be the responsibility of this
Subcontractor to replace at no additional cost to the Owner.
13. All deliveries of material shall be coordinated with the General
Contractor's field personnel, in accordance with the Special Conditions. The
contract price includes all off-hour deliveries, if required. Under no
circumstances shall off-hours deliveries occur without prior consent of the
General Contractor. Subcontractor shall provide flagmen for traffic control as
and when required. Subcontractor shall comply with all traffic regulations for
the City of New York and shall be responsible for any fines or violations caused
by any Subcontractor's vehicles or personnel.
14. This Subcontractor will be fully responsible for all engineering
coordination, and layout of this work. Bench marks shall be provided by the
General Contractor and Axis lines. All other survey work required for this
Subcontractor's work shall be this Subcontractor's responsibility.
15. Subcontractor will be responsible for rigging and hoisting all
necessary equipment and material. Subcontractor shall have the use of elevator
for hoisting not to exceed elevator's weight limitation for material only.
Arrangements for use will be made at least 72 hours in advance with the General
Contractor's field supervisory personnel. Subcontractor shall furnish labor,
materials and equipment to erect, dismantle and transport any scaffold required
to complete his work. If Engineer or Elevator Operator is required, Contractor
includes this cost. It is the responsibility of this Subcontractor that should
this Subcontractors work necessitate a master mechanic, it will be the sole
responsibility of this Subcontractor.
16. All materials delivered shall be adequately protected from weather at
all times, and shall be received and stored at the job site in an approved area
and manner as established by the General Contractor.
17. This Subcontractor is responsible for handling and managing rubbish
generated by his trade. This subcontractor is responsible to place all rubbish
in containers provided by L~MB LMB is responsible for providing and removal of
containers; and/or a location identified by the General Contractor. This
subcontractor must keep his work place exceptionally clean on a daily basis. In
case this subcontractor does not keep the work area clean, L~ will remove and
clean the area after giving notification to this subcontractor and backcharge
this subcontractor for cost of appropriate union trades(Laborers, etc.).
18. Subcontractor shall alert the General Contractor to the areas that have
been completed, and work shall be reviewed on an area by area basis.
Subcontractor shall cooperate in determining the proper programs for protecting
and securing finished spaces.
19. If Subcontractor's shanties are permitted by Owner, they shall be of
fireproof construction and fire protected and shall be placed and relocated when
and where directed. This Subcontractor includes two (2) moves as directed by the
General Contractor. Light, power, A/C & sprinkler/fire protection for such
shanties shall be the responsibility of this Subcontractor.
20. This Subcontractor shall maintain a (Central Project Xxxxxxx) at the
job site during any time in which his employees are working on this Project.
This contractor's field supervisory staff shall speak English fluently.
21. Alcohol, drugs and weapons shall not be allowed on the job site under
any circumstances, and shall be cause for immediate expulsion. Subcontractor is
advised and understands that all areas of Grand Central Terminal are designated
~o Smoking". Subcontractor will enforce this requirement strictly.
22. The work of this Subcontractor shall commence upon execution of this
contract or notification to proceed. This Subcontractor must immediately satisfy
specific contract requirements, which will otherwise prohibit on-site
activities, delay work, and/or prevent payment. These 3 of 19
requirements are:
22.1 Insurance Compliance (see Exhibit "C") in 10 calendar days
22.3 Bonding Compliance (see Exhibit "F") in 25 calendar days
22.4 Submittal, Fabrication and Installation Schedule in 10 working days
22.5 Trade Payment Breakdown Compliance in 10 calendar days MBE/WBE
Subcontracting Plan in 10 working days
23. The Subcontractor is required by O.S.H.A regulations to institute a
hazard communication program. Under said program, Subcontractor must inform both
the General Contractor and all other Subcontractors on the site of any hazardous
chemicals being used by Subcontractors' employees on this Project. The
Subcontractor shall provide General Contractor and all other Subcontractors with
copies of a Material Safety Data Sheet [\(pound)ISDS], must warn other
Subcontractors in Subcontractor's work area of the existence of any hazardous
chemicals, must insure that any containers containing hazardous chemicals are
appropriately labeled, and must maintain an inventory of any such chemicals. The
Subcontractors shall have an employee trained in safety practices on site during
all operations.
24. This project is subject to Certificate of Capital Improvement and
consequently exempt from associated taxes.
95, All formal notices to be Sent in duplicate to:
Xxxxxx XxXxxxxx Bovis, Inc.
000 Xxxx Xxxxxx-0xx Xxxxx
Xxx Xxxx, XX 00000
Xxxxxx XxXxxxxx Bovis, Inc.
000 Xxxx Xxxxxx-0xx Xxxxx
XxxXxxx , XX 00000
Attn: Xxxxx Xxxxxx Attn: Xxxx Xxxxxx
Senior Vice-President Senior Vice-President General Counsel
26. This Subcontractor shall abide by all requirements of Metro North
Railroad for Work in or adjacent to areas of the terminal. All workers are to
attend a Safety Class prior to being allowed to work in the Terminal. This
Contract shall make every effort to minimalize the impact of all construction
activity to pedestrians. Specific requirements for all work in these areas
enumerated under Special Conditions of this contract.
27. Subcontractor is advised and understands that this project requires the
wearing of hard hats at all times in work areas. Violators will incur fine of
five hundred dollars per occurrence. A subsequent violation will be reason for
immediate dismissal.
28. Subcontractor is advised that safety goggles must be worn in the areas
by all personnel whether engaged in work or observing.
29. All professional engineering and design costs, performance of site
surveys, investigate analysis, etc. which may be required for the preparation
and submission of the Subcontractor's shop drawings, details, calculations,
procedures, and performance of coordination are included in the Contract.
30. Furnish and install all safety devices for welders, grinders, etc., as
required by codes and O.S.H.A. Welder's certificate submitted a minimum often
(10) business days prior to work starting.
31. Should questions of union jurisdiction arise, the Subcontractor shall
immediately take steps to settle such disputes and will use such labor as may be
determined to have jurisdiction, at no additional cost to the Owner. Should
Subcontractor fall to take expeditious actions, Subcontractor will be
responsible for any time lost as a result of delays arising from such disputes.
32. The Subcontractor shall submit to the General Contractor's office an
accurate manpower count by 8:00 A.M. of each day for manpower working within the
Terminal that day. In addition, the Subcontractor shall include a brief
description of the work that is being performed and the area the work being
performed and the manpower assigned to the task(s).
33. All cutting, chasing, chopping required for performance of this trade
shall be this Subcontractor 5 responsibility. All cutting, chasing a~ Selective
Demolition areas is to be performed by this Contractor.
34. This Subcontractor shall submit to General Contractor a Trade Payment
Breakdown within ten (10) day of award. Trade payment breakdown should
delineation of various major scope items as identified in Exhibit "B", Scope
Item No.55. Upon approval by the General Contractor, the Trade Payment Breakdown
with labor and material allocations shall be used for requisition purposes. This
will also apply to subsequent change orders.
35. The use of any mechanical equipment such as cranes, chain falls, etc.
Is acceptable provided same meets safe practice. This Subcontractor shall
provide all jurisdictional labor as required. This Subcontractor to include all
necessary engineering and drawings with a N.Y.C. licensed P.E. stamp identifying
all loading requirements to be applied to existing floors due to material
deliveries and/or use of mechanical rigging equipment, for review by the
Structural Engineer of Record.
36. This Subcontractor is responsible for power hook ups and associated
costs for his equipment and machinery. Power sources to be provided to work
areas by LMB. Provide fused disconnects as required. This also applies to all
Subcontractor's electrically driven tools or above 110 volts high power
consumption. Subcontractor shall schedule electrical hook-ups in advance.
37. Penetrations are not to be made without prior notification of and
authorization to proceed from, the General Contractor. Subcontractor is to
provide shop drawings identifying location and size of penetrations which are
required to be approved prior to proceeding with the work.
38. Qualifications and exclusions contained in Subcontractor's proposal for
this work are not accented or agreed to unless specifically incorporated in this
Scope of Work.
39. Perform all tests that are required and specified by code or good
practice. This Subcontractor shall notify the General Contractor 72 hours prior
to start of such test to allow Owner's and/or General Contractor representative
time to be present. In the event that this is not accomplished, the General
Contractor reserves the right to request another test.
40. Contract amount includes all permits, licenses, certificates, U.L.
labels, guarantees, test reports, coordinating and scheduling inspections,
applications and necessary fees pursuant to specifications, codes and any
governmental agency having jurisdictions.
41. Xxxxxx XxXxxxxx Bovis, Inc. safety personnel will issue citations upon
non compliance with safety requirements by this Subcontractor's field personnel.
Upon issuance of every citation, S500.00 dollars will be backcharged to this
Subcontractor
42. This Subcontractor acknowledges that XXXXXX XxXXXXXX BOVIS, INC. and
Metro-North are extremely safety conscious and will not tolerate any non
compliance with safety rules.
43. This Subcontractor will be responsible for horizontal and vertical
movement of their material and equipment. Elevator freight car available to this
Subcontractor at no charge, during normal working hours. Subcontractor must
schedule use time with General Contractor's field personnel. Arrangements must
be made at least 72 hours in advance. Any scheduled lift time which is not
utilized by missed delivery or canceled within 24 hours of delivery will be
charged to this Subcontractor ~ ~300.00Ihr. This Subcontractor understands that
they shall not be reimbursed for any loss of time due to freight car or hoist
down time and or waiting time.
44. All material and equipment not capable of being hoisted in house
elevators shall be rigged and hoisted by this Subcontractor at his own cost.
This Subcontractor includes all cost and assumes all responsibility for any
additional protection of existing finishes and loading and or support
requirements needed due to this Subcontractor's rigging loading hoisting needs.
45. Construction schedule will be issued and updated by General Contractor
on BI-weekly basis. This Subcontractor is required to provide weekly updates
covering activities relating to this trade.
46. Before starting any work, this contractor shall examine the existing
work of others, to which the new work is to be applied, and shall notify the
General Contractor in writing of all defects which would effect the quality or
performance and/or the appearance of this work to be installed. 6 of 19
Proceeding with the work constitutes this Contractors acceptance of the
existing conditions as having met all requirements for proper installation. This
clause is only applicable if above mentioned existing work by others was
completed under this specific renovation project
47. This Subcontractor shall warrant all of the work for a period of two
years from issuance of Owner's Certificate of Final Completion against any
defective workmanship, equipment or materials. This Contractor will be
responsible for damages to any other work resulting from above. Acceptance will
occur on an area by area basis, although warranty of the work shall be for a
period of two years from issuance of Owners certificate official completion, or
no later than a start date of July 1998 for this warranty period to commence.
48. LNIB has the right to authorize in writing this Subcontractor to
proceed with extra work, overtime and/or premium time in the absence of a fully
executed change order or agreed upon price. If a price can not be agreed upon
within 72 hours after commencement of work, unit prices may be applicable.
49. Includes strict compliance with NIBEIWBE and other affirmative action
requirements as enumerated in Exhibit ~'G".
50. This subcontractor includes all provisions for operating his tools and
equipment's, including power, water, etc. Utilities and water must be to work
are
51. This subcontractor to furnish his superintendent and lead Xxxxxxx with
radio, keyed to LMB channel. Radio to be kept 'ON" at all times when working on
project. No work is to be performed with Out the presence of Xxxxxxx on the job
at all times.
52. Subcontractor is aware that some areas of his work may contain
asbestos/lead paint material. Upon encountering this situation, the
Subcontractor shall notify the General Contractor immediately. This area will be
inspected by Asbestos/Lead Paint Consultant. A previous survey has been
conducted wherever possible to identify A. C. M.. and leadpaint contained
materials.
SCHEDULING REQUlREMENTS
53.1 Time is of the essence and this trade contractor shall diligently and
continuously execute the work and coordinate the work with other work being
performed on the project, in accordance with project schedule and in manner not
to interfere impede, delay , obstruct and or hinder the progress or completion
of whole or any part of the project. This subcontractor to provide at 8:00 A.M.
each day to LMB's Superintendent a manpower count which will indicate number of
supervision, journeyman, apprentices, etc. whom are on the job site that day.
53.2 In (20) calendar days from award this subcontractor to submit overall
project schedule. After review and approval the same will be incorporated into
LMB Project Schedule. 7of19
This contractor to utilize Microsoft Project or Primavera Scheduling
software only. This subcontractor shall participate and cooperate in the
development of the project schedule providing information for the scheduling and
sequencing of its work to meet over all scheduling requirements.
53.3 LNIB will conduct bi-weekly scheduling meetings and will issue weekly
scheduling revisions . This subcontractor to incorporate the schedule and adjust
manpower accordingly. These adjustments, should they become necessary, are to be
mutually agreed upon.
53.4 In 10 Calendar days from award of this contract, this trade contractor
to submit a 90 day schedule indicating all activities including but not limited
to submittals, shopdrawings , fabrication and installations . All long lead
items have to be identified and submitted in "Expediting Log".
53~5 This subcontractor is aware that he will not be able to follow a
continuous schedule; but when contractor starts an area we expect to complete
the work in this area therefore, this subcontractor is to be prepared to perform
certain elements in accordance with field requirements, and as directed by the
Contractor. Any comeback time required to perform work left out or done out of
sequence due to construction scheduling or to satisfy other construction
requirements, is included at no additional expense to the Owner or Contractor.
Multiple visits may be required due to job conditions.
53.6 Should the progress of work or the project schedule be delayed as
result of this subcontractor's neglect or act or failure to act as to cause any
additional cost, expenses, liability or damage to LNIB or the Owner, this
subcontractor does agree to compensate LNIB and the owner for and indemnify them
against all such costs ,expenses, damages and liabilities.
53.7 This Subcontractor or work will occur during the Second Quarter of
1996, and all work must be completed by the middle of the Second Quarter of
1997. Specific areas will be mutually agreed upon.
b. Balance of the work on this drawing T.B.D.
S-211 a. Steel for Grand Stair February 1997
b. Steel for East Escalator - ~y Others)
c. 5E4 framing A.S.A.P.
d. Column W14 X 257 ~y Others)
5-2111 Columns for East Escalator
S-214 Steel for 000 Xxxxxxxxx Xxxxxx A. S.A.R
S-216 a. Steel for Grand Stair February 1997
b. Steel for East Escaia~or ~y Others)
c. W14 X 257 (13y Others)
S-217 a. Steel for IRT ramp access to
Main Concourse A.S.A.P.
b. 00xx Xxxxxx ramp & EOB ramp October 1996
S-218 a. EOB ramp October 1996
b. PE-3 elevator & stair in ticket office T.B.D.
c. Balance of the work on tius drawing T.B.D.
S-220 Steel for Xxxxxxxx Apartment stair T.B.D.
S-221 Steel for Federal Express & East Shuttle T.B.D.
S-222 West Escalator Steel ~y Others)
X-000 00xx Xxxxxx Xxxxxx Xxxx X.X.X.
S-225 a. Steel for service elevators (SE-i and SE-2) A.S.A.P.
b. Steel for compactor room A.S.A.P.
S-225.l Steel for ser'~ce elevators posts & columns A.S.A.P.
S-226 Steel for grand stair February 1997
54. The specific scope of this Subcontractor shall include but not limited
to the following:
a) Drawings and Specifications titled as Grand Central Tenninal Retail
Development Plans and Specifications as indicated in Exhibit "A" of this
contract.
b) All Structural Steel fetal Deck and Selective Demolition etc. as it
relates to the following areas:
Lower Concourse Level: Part Framing Plan Elevation, Mezzanine Level, West
Side Part Plan, East half Part Framing Plan, Oyster Bar Part Framing Plan,
Grillage Part Plan.
Main Concourse Level: Part Framing Plan Elevation: 44'-3", Vanderbilt entry
at 42nd Street Part Framing Plan, Part Plan at elevation 68'-0", Shuttle Passage
at elevation +44.25', Vanderbilt entry elevation +56.00', Xxxxxxxx stair
platform Ticket Booths, Waiting Area and Tenant Storage, East Side Part Framing
Plan, 42nd Street Passage Part Framing Plan at the lower landing 36'- 75,.
Part Framing Plan at Xxxxx Place level, existing platform at elevation 37',
76, intermediate levels, Training Shed level Lower Platform level
New Cable Gallery Support Framing Plan Alternate 2, Grillage Part Plan.
55. The Scope of Work shall include everything required to fabricate,
deliver and erect all Structural Steel in accordance with this Scope and the
Drawings and Specifications. The Drawings and Specifications are to be treated
by the Subcontractor as construction documents which indicate the general scope
of the project in terms of the architectural design concept, the overall
dimensions, the type of stauctural, mechanical, electrical, utility, and other
systems, and an outline of the major architectural elements.
The following items are not intended to exclude any other items of work
required by the Architect{Engineer, or that may be required by local code or
good construction practice.
56. Scheduling and determining site access will be required to be
coordinated with Xxxxxx XxXxxxxx Bovis in advance of any site activity. It is
essential that this Subcontractor review the Special Conditions, specifically
subheading "Material Personnel Access", items ~ 5, 6, 7, 8,and9.
57. Prior to making deliveries to the site, this Subcontractor will confirm
with Xxxxxx XxXxxxxx Bovis, the shape, weight, length and configuration of
members or a preferred group or members so as to best determine the safest, most
efficient and least disruptive method. Access to be provided by L.M. B.,
although all safety measures (i.e. flagmen, caution tape) to be the
responsibility of this Trade Contractor.
58. This Subcontractor is aware that Xxxxxx XxXxxxxx Bovis has loading
requirements as listed in the following areas with specific elevator restriction
at each individual location listed as follows:
a) Primary loading at 00xx Xxxxxx loading dock, concourse level. Access to
Terminal before 7:00 AM and after 9:30 PM, or schedule forty-eight (48) hours in
advance for minimum one (1) hour loading time between 7:30 A.M. to 3:30 P.M.
b) Graybar Passage.
c) Lexington Avenue Passage.
d) Graybar Building at 00xx Xxxxxx behind the Post Office Building and
Met-Life Building, an existing loading dock is available for delivery during
normal working hours.
e) This Subcontractor includes any and all protection of this
Subcontractors work. All standbys associated with this trade work is included.
Standby for deliveries only are excluded. All costs for off-hour deliveries are
included by this Subcontractor.
59 This Subcontractor includes all welding machines with all associated
stand-by, union labor necessary to complete all work. In accordance with
mutually agreed Xxxxxx XxXxxxxx Bovis' Scheduling Requirements.
60. Scheduling Milestones: This subcontractor includes a good faith effort
to meet the general contractors work area milestone dates listed as follows:
Date: Description Dwg. A.S.A.P. 00xx Xxxx0x Passage Phase I, IA S217 A.S.A.R
Compactor (Part Xxxxx XX) S225 A.S.A.R Service Elevator SEl and 5E2 5225 A.
S.A.R Monumental Xxxxxx X000, X000 & X000 X.X.X.X 00xx Xx. Passage Phase II S218
1-15-97 Passenger Elevator PE2 5214 2-1-97 Balance Dwgs S214 & S215
61. The Trade Contractor's insurance carrier is to be approved by the
General Contractor. Insurance certificates along with any other required
documentation properly stated as described in Exhibit "C" must be on file with
the General Contractor prior to commencement of work. No work is to be performed
and no payments shall be made until the above requirements have been properly
satisfied and are on file in the office of the General Contractor.
62. Subcontractor has examined the Drawings and Specifications listed in
Exhibit "A" and shall identify all options and cost savings available to the
Owner while providing highest quality systems. Modifications made to conform to
code and good practice will be included at no additional cost. (Cost savings
must be identified separatelv).
63. All work shall be in accordance with the requirements (;f the
N.Y.S.B.C. Structural Engineer, Architect, MTA and Metro North Railroad and any
governmental agencies having jurisdiction.
64. This work will be performed in complete compliance with OSHA
regulations and those of all other agencies having jurisdiction on this Project
and shall conform with the fire rating requirements of the ASTN, the Architect
and local codes.
65. All work operations shall be coordinated through the General Contractor
prior to proceeding.
EXH~IT "B" TO CONTR~~CT, DATED NIAY 15,1996, BETWEEN LEIRRER XxXXXXXX
BOVIS, INC. & US BRIDGE OF NEW YORK
Trade: Structural Steel/Metal Deck/Selective Demolition Grand Central
Terminal I Retail L~ Project ~2458.O3
66. Furnish and install all Coordination to be by this Subcontractor
inclusive of delivery schedule. Include for reinforcing of metal deck at all
penetrations (i.e. PIVAC, plumbing, etc.) as shown on the structural drawings.
Additional openings will be as per unit price schedule. Include for reinforcing
of concrete pour stops as required. Coordination of details at moment connection
and other special conditions shall be shown on shop drawings.
67. Paint all structural members as per specifications, required by
Contract Documents.
68. Furnish and install all metal decking and supports as required. Provide
all slab penetrations as shown on drawings.
69. Furnish and install three (3) lines of perimeter safety cables 42"
above finish floor with turn buckles at each column with removable snap clip
links, at all columns, at all floors and interior openings in accordance with
OSHA requirements and per requirements of all other governmental agencies having
jurisdiction. \Where no columns exists such as at setbacks and roofs, the
Subcontractor will provide supports for the cables, maintenance of cables and
netting is by this Subcontractor. Prior to demobilizing this Subcontractor will
walk the site with L~ and the xxxxxxxxx to inspect all perimeter safety cables
and supports to ensure an acceptable installation is in place, and only than
will the xxxxxxxxx accept the installations without qualification.
70. Furnish and install shear connectors, as shown on contract drawings.
71. This Subcontractor includes all erection of structural steel and metal
deck out of sequence at the east ramp specifically headed from in an eastern
direction between column no's 100 to 108 and 62 to 72 as shown on the drawings.
72. Examine all steel prior to shipment to the job site to insure that the
steel be free of loose mill scale, rust, etc. and provide properly marked steel.
This Subcontractor shall also remove any loose mill scale from steel prior to
erection.
73. Check anchor bolts, piers with New York City licensed surveyor - to be
supplied to Xxxxxx XxXxxxxx Bovis, and foundation work prior to the commencement
of structural steel. This Subcontractor is responsible for furnishing anchor
bolts, templates, and drawings as specified and required. Subcontractor to set
column base plates. (Grouting of base and leveling plate by others.) This
Subcontractor shall include the realignment of anchor bolts found to be 1/4" out
of tolerance.
74. All welding to conform with Metro North Rules and Regulations, both in
the shop and in the field shall be done by certified welders, and the
appropriate certification must conform to Metro North Railroad Rules and
Regulation be available upon request.
75. The Subcontractor includes tolerances and cambers in accordance with
AlSC and the Contract Documents listed in Exhibit "A". Special care is to be
taken at elevator shafts.
76. Include all guying and bracing required to maintain the plumbness of
the work arid the proper positioning of the members until the members are fully
locked in their final position.
77. Include perimeter protection at all interior openings as customary to
this Subcontractors trade work and in accordance with all OSHA regulations and
Scope Item #69 of this Scope of Work.
78. Include all spandrel reinforcing and special connections as required,
and as shown on the structural drawings.
79. This Subcontractor includes all work requlred at expansion joint
including all plates, beams, frictionless coatings, pour stops, etc. required
for a complete installation as shown on the drawings.
80. This Subcontractor includes all moment connections as shown on the
Contract drawings.
81. This Subcontractor includes all special support steel arid bracing
required for this contractor to perform his work as indicated on the Structural
Drawings.
82. Included is all architectural exposed structural steel, turn buckles,
etc., shown on drawings and identified in the scope of work
83. This Subcontractor includes all special work required at loading docks,
ramps and drive-thrus including, but not limited to, requirements for special
slab thickness, changes in slab thickness, additional support members, depressed
slab conditions, and any other work shown on Structural Documents.
84. It is agreed by this Subcontractor that web shear plates and stiffeners
for columns, beams or girders that are required by the specifications or sound
engineering, even though not specifically shown on the Contract Drawings, shall
be furnished and installed by the Subcontractor as part of this Contract.
85. All of the Subcontractor's work, both shop and field, shall be tested
and inspected by a testing agency in accordance with the specifications. Such
compensation for the testing agency shall be borne by the Owner and coordinated
by the General Contractor.
The Subcontractor shall cooperate fully with the personnel of such testing
agency and the Subcontractor shall provide at no additional cost to the Owner,
manpower, blueprints, facilities, scaffolds, properly calibrated torque
wrenches, etc. to reasonably assist the testing agency personnel in their
execution of their testing arid inspection of welding, high strength bolts, etc.
It shall be the responsibility of this Subcontractor to notify the testing
agency prior to
commencement of the Subcontractor's work for both shop fabrication and
field erection. The Subcontractor shall not perform any work unless such testing
agency personnel are present. It shall be the responsibility of this
Subcontractor to notify the testing agency in sufficient time to allow for
travel arrangements prior to commencement of the Subcontractor's work. Costs
incurred for inspections for rejected materials or unapproved installations will
be by this Subcontractor.
86. For purposes of complying with the requirements of the Building Code of
the City of New York, which calls for a Certification of On-Site Inspection, the
Subcontractor will furnish to the General Contractor all information of
positions of cranes, derricks, guy lines, xxxxxxx engines, etc. along with
pertinent loads for the operating of such equipment certified as to accuracy and
location by a Professional Engineer, licensed to practice in the State of New
York, engaged by this Subcontractor.
87. Any modification or bracing, shoring, posting for rigging equipment to
the structure must be submitted to, and approved by the Structural Engineer arid
the General Contractor. The Structural Engineer employed by this Subcontractor
shall provide any calculations or drawings required by local codes or ordinances
covering the analysis of any loads imposed to the permanent structure, and shall
if required, affix a licensed professional engineer's seal to same.
a) Drawings showing rigging equipment, locations, and all connections and
additional steel that will be added to the structure if required to support the
rigging equipment.
b) Calculations for all loading conditions for rigging equipment.
Calculations must take into account varying conditions within the structure,
lighter steel at top of building, etc.
88. This Subcontractor is aware of the structural capacities of areas to be
used for the Subcontractor's equipment and material storage and shall not exceed
rated capacities without taking appropriate steps to compensate for the position
of the construction loads which may exceed the design criteria. Any
modification, temporary or permanent, to the building's structural frame
required to support the Subcontractor's equipment arid its loads will be made by
the Subcontractor at his own cost. Calculations for modification must be
submitted and approved.
89. The Subcontractor shall furnish, place, arid remove any temporary
bracing required to stabilize the structural steel frame due solely to erection
by Subcontractor of the structural steel. Arty modification to the structure
must be submitted and approved by the structural engineer and reviewed by the
General Contractor.
90. Subcontractor shall coordinate his work with that of other trades, as
closely as possible, inclusive of power requirements for welding. Weekly
coordination meetings with any other
trades affected by this Subcontractor's work may be called by the General
Contractor for this purpose.
91. The Subcontractor will not have his name on steel members or display
any other advertising materials without the express written consent of the
General Contractor.
92. Subcontractor's detailer and erector selection shall be subject to
General Contractor's approval if they are to be subcontracted.
93. This Subcontractor shall provide sufficient equipment and manpower to
properly perform the structural steel and metal deck work in the time allotted.
94. Subcontractor shall provide at all times a safe pedestrian thrufare
while performing work. Temporary partitions to be installed by the General
Contractor at work areas.
95. The Subcontractor shall provide a survey for verification of in place
steel.
96. If any steel members or steel decks are required to be erected out of
sequence, or to be omitted to temporary holes, shafts, hoists, etc., as required
for the sequencing of construction by other trades, this work shall be as
directed by the General Contractor and shall be included.
97. This Subcontractor shall provide whatever safety planking is necessary
to protect all openings in accordance with the regulations of all governmental
agencies having jurisdiction as customary and for the use of this Subcontractor.
98. This Subcontractor will install deck reinforcing outside perimeter
columns necessary to properly support deck. This Subcontractor shall install
straps or angles on perimeter of existing pour stops as required to properly
support pour stops. This Subcontractor shall properly close declining around all
interior columns. This Subcontractor shall include a survey and control lines on
each floor and install edge stops and lintels. To include a post erection as
built survey of erected steel at the new 416 Lexington construction and
verification of elevations at all other work areas.
99. The Subcontractor shall include column flashing plates at areas where
the metal deck is discontinuous at the columns.
1 OQ. The Subcontractor is required by OSHA regulations to institute a
hazard communication program. Under said program, Subcontractor must inform both
the General Contractor and all other trade Subcontractor's on the site of any
hazardous chemicals being used by trade subcontractor's employees on this
project. The Subcontractor shall provide the General Contractor and all other
trade Subcontractor's with copies of a Material Safety Data Sheet ~SDS), must
warn other trade Subcontractor's working the area of the existence of any
hazardouschemicals, must insure that any container's containing hazardous
chemicals are appropriately labeled, and must maintain as inventory of any such
chemicals.
101. The Subcontractor shall provide all anchor bolts and base plates with
approved location drawings in adequate time for setting in place by excavation
and foundation Subcontractor. All other embedded steel in concrete below grade
is excluded from this contract.
102. Immediately upon award, Subcontractor shall provide site logistics
information, including proposed erecting equipment locations and any required
designed bracing requirements to the General Contractor without causing delay.
Any design modifications required to the foundation including additional bracing
or reinforcing shall be the responsibility of this Subcontractor.
103. Special attention shall be given in expediting all mill orders.
104. Defective welds, bolts or other materials not approved by Engineer or
inspector shall be repaired or replaced at no additional cost.
105. Subcontractor shall provide the following schedule information for the
review of the General Contractor. This information shall be provided with the
Subcontractor's Bid Proposal on the bid due date:
a) Prepare and submit proposed logistics plan per work area location when
area is turned over to U.S. Bridge of NY
b) Mobilization 2 wks after award -
c) Prepare and submit any required bracing and additional reinforcing
requirements for erection work per work area when area is turned to U.S. Bridge
of NY..
d) Prepare and submit anchor bolt/leveling plate beam bearing plates and
cast in location drawings, delivery schedule and shop drawings to be provided to
L.M.B. once work areas are turned over to U.S. Bridge of NY.
e) Prepare and submit structural steel shop drawings per work areas
location when areas are turned over to U.S. Bridge of NY..
f)Bar chart schedule of construction activities and all
engineering/approval and fabrication for lead time requirements after work areas
are turned over to U.S. Bridge of NY.
106. This Subcontractor is required to prepare and submit to Xxxxxx
XxXxxxxx Bovis a Protection Plan", - Hazard Communication" and Safety Plan in
accordance with OSHA Requirements for this project, which will be reviewed by
Xxxxxx XxXxxxxx Bovis, and Corporate Safety.
107. Subcontractor includes all shoring, bracing and posting required to
ensure stability and integrity for all items as it relates to "Selective
Demolition". After the demolition subcontractor removes any designated slab
area, this subcontractor will cut and drop any necessary structural steel with
removal of this steel by the Demolition subcontractor. This subcontractor
includes all welding, bolting, burning and chopping as allowed by Metro North,
layout, survey work, scaffolding, equipment and all standby's associated with
the work.
108. This subcontractor excludes shoring of metal deck during the concrete
pour operation.
109. This subcontractor includes all standby's associated with equipment
utilized to install structural steel. i.e. cranes, derricks, cherry pickers,
xx.xx. All overtime associated with 416 Lexington staging of crane, cherry
xxxxxx, xxxxxxx xx.xx. is included. In addition, the demobilization of all
equipment with associated standby's is included for this Trade Subcontractors
work
110. This subcontractor includes firewatch in accordance with bid
documents.
Ill. Power is available for this subcontractors work in all work areas for
equipment requirements above 110 volts.
112. This subcontractor includes pre-heat of structural steel as a ~25.000
allowance.
113. This subcontractor includes reinforcing Column No's. 34, 39, 44, 50,
58 and 74 in accordance with sketches - SK-S-l00 thru SK-S-103 dated 4/25/96 and
Contract Drawing S-211 Detail
114. This subcontractor includes additional 8'-0" L.F. of welding for
angles (Total of ~ locations) in accordance with sketch SK-S- 104 - dated
4/25/96 associated with Detail - "Q" on Drawing S-201.
115. This subcontractor includes all "On-Hold" areas as an allowance which
have sized members identified on the contract drawings.
116. This subcontractor includes CAD As-Built drawings to be provided on
mylars at the completion of this subcontractors installation of work.
117. This subcontractor includes the cable gallery as shown on the contract
drawings S-225.l.
118. This subcontractor includes all work associated with Detail No.48 on
Drawing No. S-405.
119. This subcontractor includes phasing of 00xx Xxxxxx Passage in three
phases, per L.M.B. Color Phasing Plan Titled: "Hot & Crusty/42nd Street Passage
Work" and Phasing Requirements identified on the contract drawings.
120. This subcontractor includes all costs associated with power Hook-Up
for disconnects above 110 volts.
121. This subcontractor includes two (2) story shoring at the East
Escalator and S-220 may require two (2) story shores. This work identifies Note:
~A" and "B" in the diamond symbol on Drawing 5-1 08. Included are all shoring
requirements as stated on Drawing No. 5-201.
122. This Subcontractor shall include all engineering, layout and surveying
as required to perform the work. One (1) north-south axis line, one (1)
east-west axis line, and one (1) benchmark at each location demolition is
required. ~'1iere the work to be performed occurs within existing areas of Grand
Central Terminal, the General Contractor shall have the option of providing the
Subcontractor with either baseline(s) and a benchmark or designating a given
starting point from existing work or this Subcontractor can retain the drywall
Subcontractor for layout at your own cost.
123. This Subcontractor will chop, burn, and sawcut all work after the
layout has been performed by the structural steel Subcontractor for the
"Selective" Demolition phase of demolition, removal, and carting is included by
this Subcontractor.
124. This Subcontractor includes furnishing all labor and material
necessary to perform "Selective Demolition" as shown on the Drawings and
Specifications. Included is all shoring, bracing and posting as shown and
specified. All engineering requirements as related to the "Selective Demolition"
work, and engineer, for shoring, bracing and posting is included to ensure
stability and integrity is maintained. This Sub-Contractor includes all welding,
bolting, burning and chopping as allowed by Metro North, layout, survey work,
scaffolding, equipment and all standby's associated with the work. All debris
will be placed in containers, provided and removed by others.
125. This Subcontractor includes coping and modifying existing structural
steel as shown on Contract Drawing SA.
126. This Subcontract excludes prime painting of all structural steel to
comply with spray fireproofing requirements.
EXHIBIT C
GRAND CENTRAL TERMINAL
REVITALIZATIO N
LMB PROJECT #2458
INSURANCE REQUIREMENTS
In this Exhibit C, the phrase "General Contractor" refers to the General
Contractor named on page 1 of the Sub Contract.
Sub Contractor shall provide insurance as follows:
1. Workers Compensation and Employers Liability
(a) Statutory Workers Compensation (including occupational disease)
in accordance with the law and including the Other States
Endorsement.
(b) Employers Liability Insurance with a limit of at least $5003CC0.
(c) Waiver of Subrogation.
2. Commercial General Liability ("CGL") with a combined single limit for
Bodily Injury, Personal Injury and Property Damage of at least
$5,CCO,OCO per occurrence and aggregate. The general aggregate limit
shall apply on a per project basis. The limit may be provided through a
combination of primary and umbrella/excess liability policies.
Coverage shall provide and encompass at least the following:
a. X, C and U hazards, where applicable;
b. Independent Contractors;
C. Blanket Written Contractual Liability covering all Indemnity Agreements,
including General Conditions, Article 11 "Indemnification";
d. Products Liability and Completed Operations, with the provision that
coverage shall extend for a period of at 36 (thirty-six) months from Project
completion;
e. CGL coverage written on an occurrence form;
f. Endorsement naming GCT VENTURE, INC., METRO-NORTH, METROPOLITAN TRANSPOR
XX XXXX AUTHORITY, ARCHITECT, AMERICAN PREMIER UNDER WRITERS, INC., THE NEW YORK
AND HARLEM RAILROAD COMPANY., THE OWASCO RIVER RAIL WA Y INC., N.Y.C. TRANSIT
AUTHORITY, CONNECTICUT DEPARTMENT OF TRANSPORTATION AND THEIR AFFIUA TES AND
SUBSIDIARIES AND THE EMPLOYEES, AGENTS, PARTNERS AND OFFICERS OF EACH,
METROPOLITAN UFE INSURANCE COMPANY, Xxxxxx XxXxxxxx Bovis, Inc. and Xxxxxx
XxXxxxxx Bovis, Inc.'s parent and affiliates (to the extent applicable) as
Additional insureds;
g. Waiver of Subrogation; and
h. Policy to be primary as respects the coverage afforded the Additional
Insureds.
l of 5
commerciaI Automobile Liability (including all owned, leased, hired and
non-owned automobiles) with a combined single limit for Bodily Injury
and Property Damage of at least $1,000,000 per occurrence. The limit
may be provided through a combination of primary and umbrella/excess
liability policies.
4. Umbrella and/or excess liability policies may be used to comply with
CGL, Auto Liability and Employers Liability limits shown above.
5. Asbestos Testing/Asbestos Abatement coverage (for contracts involving
the Testing/Abatement of Asbestos) in the amount of $5,COC,OCO. Such
coverage will include as Additional Insureds those entities listed in 2f
of this Exhibit C.
6. Lead paint abatement coverage (where applicable) in the amount of
$5,000,000. Such coverage include as Additional Insureds those entities
listed in 2f of this Exhibit C.
7. Contractors pollution legal liability insurance in the amount of
~5,000,000. Such coverage will include as Additional Insureds those
entities listed in ~ of this Exhibit C.
8. A Certificate of Insurance indicating the Project must be submitted,
approved, and available to Xxxxxx XxXxxxxx Bovis, Inc. prior to
commencement of work1 and provide for 30 days written notice prior to
cancellation, non-renewal or material modification in any policy to:
RISK MANAGEMENT DEPARTMENT
XXXXXX XxXXXXXX BOVIS, INC.
000 XXXX XXXXXX, 0XX XXXXX
XXX XXXX, XXX XXXX 00000
ATTN: AU MOHAMEDI
A "model" Certificate of Insurance 5 attached. A Certificate of
Insurance, when submitted to the Contractor, constitutes a warranty by
Sub Contractor that:
A. Blanket Contractual Liability under the Commercial General
Liability Policy has been endorsed to cover the Indemnitees
specified in Paragraph 11 of the General Conditions to the Sub
Contract between the Sub Contractor and the General/Contractor.
B. The Commercial General Liability Policy names as Additional
Insureds GCT VENTURE, INC METRO-NORTH, METROPOLITAN TRANSPORTA
TIONA UTHORITY, ARCHITECT, AMERICAN PREMIER UNDERWRITERS, INC.,
THE NEW YORK AND HARLEM RAILROA COMPANY, THE OWASCO RIVER
RAILWAY, INC., N.Y.C. TRANSITAUTHORITY, CONNECTICUT DEPARTMENT
OF TRANSPORTATION AND THEIR AFFIUATES AND SUBSIDIARIES AND THE
EMPLOYEES, AGENTS, PARTNERS AND OFFICERS OFEAC~ METROPOLITAN UFE
INSURANCE COMPANY Xxxxxx XxXxxxxx Bovis, Inc. and Xxxxxx
XxXxxxxx Bovis, Inc.'s parent and affiliates (to the extent
applicable).
2of5
C. With respect to the Excess Liability Insurance, the following policies
are scheduled as primary:
Commercial General
Automobile Liability
Employers Liability
D. The insurance policies for all Sub Contractor's insurance shall include
a waiver of subrogation as follows:
"It is agreed that in no event shall these insurance companies
have any right of recovery against GCT VENTURE1 INC.,
METRO-NORTH, METROPOLITAN TRANSPORTATION AUTHORITY, ARCHITECT,
AMERICAN PREMIER UNDERWRITERS, INC., THE NEW YORK AND HARLEM
RAILROAD COMPANY, THE OWASCO RIVER RAILWAY, INC., N.Y.C.
TRANSITAUTHORITY, CONNECTICUT DEPARTMENT OF TRANSPORTATION AND
THEIR AFFILIATES AND SUBSIDIARIES AND THE EMPLOYEES, AGENTS,
PARTNERS AND OFFICERS OF EACH, METROPOLITAN LIFE INSURANCE
COMPANY, or Xxxxxx
XxXxxxxx Bovis, Inc."
E. The insurance policies shown are endorsed to be primary as respects any
other insurance available to any Additional Insured.
9. All insurance carriers must: (i) be licensed in the State where the
Project is located; and (ii) be rated at least A in Best's.
10. The Sub Contractor shall secure, pay for, and maintain Property
Insurance necessary for protection against loss of owned, borrowed, or rented
capital equipment and tools, including any tools owned by employees, and any
tools, equipment, staging, towers, and forms owned, borrowed or rented by the
Sub Contractor. The requirement to secure and maintain such insurance is solely
for the benefit of the Sub Contractor. Failure of the Sub Contractor to secure
such insurance or to maintain adequate levels of coverage shall not obligate GCT
VENTURE, INC., METRO-NORTH, METROPOLITAN TRANSPOR TA TION AUTHORITY, ARCHITECT,
AMERICAN PREMIER UNDERWRITERS, INC., THE NEW YORK AND HARLEM RAILROAD COMPANY,
THE OWASCO RIVER RAILWAY, INC., N.Y.C. TRANSlT AUTHORITY, CONNECTICUT DEPARTMENT
OF TRANSPORTATION AND THEIR AFFILIATES AND SUBSIDIARIES AND THE EMPLOYEES,
AGENTS, PARTNERS AND OFFICERS OF EACH, METROPOLITAN LIFE INSURANCE COMPANY,
Xxxxxx XxXxxxxx Bovis, Inc. or their agents and employees for any losses, and
GCT VENTURE, INC., METRO-NORTH, METROPOLITAN TRANSPORTATION AUTHORITY,
ARCHITECT, AMERICAN PREMIER UNDERWRITERS, INC., THE NEW YORK AND HARLEM RAILROAD
COMPANY, THE OWASCO RIVER RAILWAY, INC.7 N.Y.C. TRANSIT AUTHORITY, CONNECTICUT
DEPARTMENT OF TRANSPORTATION AND THEIR AFFILIATES AND SUBSIDIARIES AND THE
EMPLOYEES, AGENTS, PARTNERS AND OFFICERS OF EACH, METROPOLITAN LIFE INSURANCE
COMPANY, Xxxxxx XxXxxxxx Bovis, Inc. and their agents and employees shall have
no such liability. The property insurance shall include a Waiver of Subrogation
in favor of all parties required to be named as additional insureds under the
Contract
11. Should the Sub Contractor engage a sub-subcontractor, the same
conditions applicable to the Sub Contractor under these Insurance Requirements
shall apply to each sub-subcontractor.
3 of 5
[graphic omitted]
Exhibit 91D" - Unit Prices to Contract dated May 15, 1996 between Xxxxxx
XxXxxxxx Bovis, Inc. & U.S. Bridge of New York, Inc.
Trade: Structural Steel I Metal Deck I Selective Demolition Grand Central
Terminal I Retail LMB Project #2458.03
The following Unit Prices shall be used when required by the Xxxxxx XxXxxxxx
Bovis, Inc. for all additions and/or deletions to the contract quantities and
shall be inclusive of furnishing and installing all material, labor, insurance,
overhead, profit, equipment, hoisting, scaffolding, appliances, permits,
applicable taxes, delivery and supervision, and shall remain in effect for the
entire duration of the project. Items covered by these unit prices shall be
furnished and installed in accordance with the final specifications and drawings
and in quantities and locations as directed by Xxxxxx XxXxxxxx Bovis, Inc.
1 On a per penetration basis, reinforcing of metal deck opening, before
concrete in place.
a.Opening between flutes $450/opening
b. Opening through one flute $450/opening
c. Opening through two or more flutes $1,100/opening
2 To furnish and install additional steel, and re-drafting, as follows,
rolled at mill.
a.For a change in weight only prior to fabrication. $3,500/opening
b. For pieces added or deleted weighing
over 200 lbs. per piece and under
500 lbs. per piece. Add.- 10,000 7500/ton delete
c.For pieces added or deleted weighing over
Add.-l0,000 7500/ton delete
d. For pieces added or deleted weighing under
200 lbs. per piece. Add.-l0,000 7500/ton delete
Exhibit 11D" - Unit Prices to Contract dated May 15, 1996 between Xxxxxx
XxXxxxxx Bovis, Inc. & U.S. Bridge of New York, Inc.
Trade: Structural Steel I Metal Deck I Selective Demolition Grand Central
Terminal I Retail LNIB Project #2458.03
3 To provide additional steel penetrations over and above those sho~~n
$___lea. on Contract Documents.
In Shop In Field
6" diameter (m~':.) $ 240Ie~ $ 600/ea.
12" diameter (m~x.) $ 275 Ie~ $850/ea
12" X 6" (m~x.) $ 450Ie~ $llOO/ea
24" X 12" (m~':.) $ 525 lea. $1800/ea
20" X 24" (mix.) $ 750Ie~ $2250/ea
40" X 14" (max.) $ l2SOIea. $4500/ea
50" X 14" (mix.) $ 2250Ie~ $78001ea
4 To furnish and install additional grip stays. $3.00/ea.
5 Furnish and install additional shear connector studs. $450.00/ea
6 Furnish, deliver and unload at job site for installation by others.
a. Anchor bolts. $25.00/xx
x. Column leveling plate. $15.00/ea
7 Drafting rates. $75.00/hr.
8 Shop rates $75/hr.
9 Furnish and install additional hung lintels.
10 Three (3) cable safety railings, furnish, delivered, installed, removed
including all accessories and supports.
Exhibit "D" - Unit Prices to Contract dated May 15, 1996 between Xxxxxx
XxXxxxxx Bovis, Inc. & U.S. Bridge of New York, Inc.
Trade: Structural Steel I Metal Deck I Selective Demolition Grand Central
Terminal I Retail LNIB Project #2458.03
11 Provide all labor and material necessary to patch opening in metal deck
on a comeback basis. $1,600/ea
12 Furnish all labor and material necessary to touch-up structural steel
with specified factory French $500.00/s.f.
13 Crane picks on straight time $1,500/ea
14 Crane picks on overtime $2,500/ea
Hourly Labor Rate Breakdown to Contract dated May 15,1996 between Xxxxxx
XxXxxxxx Bovis, Inc. & U~S. Bridge of New York
Grand Central Terminal Restoration I Retail Trade: Structural Steel I Metal
Deck I Selective Demolition
HOURLY LABOR RATE BREAKDOWN GCTV-RETAIL PROJECT NO.2458.03
To
SUBCONTRACTOR:
ADDRESS:
TELEPHONE NO.
TRADE CLASSIFICATION:
LOCAL UNION #:
EFFECTIVE DATE: From
Straight Time Over Time Premium Time
BASE RATE
OVERHEAD
PROFIT
FEDERAL UNEMPLOYMENT TAX
STATE UNEMPLOYMENT TAX
WELFARE FUND
PENSION FUND
VACATION FUND
ANNUNITY FUND
PAlD HOLIDAY
WORKMEN'S COMPENSATION
PUBLIC LIIABILITY (BODILY INJURY)
PROPERTY DAMAGE INSURANCE
OTHER
TOTAL CHARGE PER HOUR
Note. This rate sheet to be completed in conformity with the contract
documents and as prerequisite for extra work xxxxxxxx
Exhibit "E" - Alternates to Contract dated May 15, 1996 between Xxxxxx
XxXxxxxx Bovis, Inc. & U.S Bridge of New York, Inc.
Grand Central Terminal I Retail LMB Project #2458.03 Alternates Trade:
Structural Steel I Metal Deck
The General Contractor may elect, by written authorization, to accept the
following additional items of work, in which case the following alternate prices
shall apply. These prices shall not increase by any change in material prices,
wage rates, or any other escalatory factors, for the duration of this project.
Alternate prices are "All Inclusive", including labor, material, supervision,
tools, equipment, insurance, fringe benefits, overhead, profit, applicable
taxes, engineering, layout, fabrication, freight, delivery, hoisting, storage,
coordination and Payment I Performance Bond premium and all other things
necessary for a complete job.
Alternate No.1
Delete Pollution Liability Insurance Requirements as outlined in the
Insurance Exhibit "C" - Item 7.
Deduct S 25.000 Lump Sum
Alternate No.2
Provide all costs associated with premium for added MBEIWBE percent.
Add S -0- Lump Sum
EXHIBIT F
Any bid not
accompanied by an acceptable Bid Bond may be rejected.
XXXXXX XXXXXXXX BOVIS, INC.
GRAND CENTRAL TERMINAL
LMB PROJECT #2458.03
BID BOND REQUIREMENTS
ALL BONDS ARE TO BE PREPARED IN DUPLICATE
All BIDDERS SHALL PROVIDE THE FOLLOWING:
Bid Bond for Ten Percent (10%) of the amount Bid, submitted
on the attached Bid Bond form. ALL SlGNATURES AND SEALS MUST
BE IN PLACE.
BID BONDS MUST BE ACCOMPANIED BY THE FOLLOWING:
Valid Power of Attorney with sufficient limits for the full
Contract Amount Corporate and Surety Acknowledgment
completed and notarized. Current Financial Statement of the
issuing Surety Company.
IMPORTANT
In lieu of this format, an AlA Document A310 Bid Bond may be used. Bid Bonds
will be obtained from Surety Companies with a Best's Rating of "A" (Excellent)
or better. In addition, the Surety shall have a Best's Financial Size Category
equivalent to at least Class ~ However, if the Proposed bid exceeds $1,000,000,
then a higher financial size category will be required.
Bid Bonds must be provided in a separate envelope marked as follows:
Bid Bond for (Contractors Name) provided in conjunction with bid for LMB
Project ~2458.O~.
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That as Principal and as Surety, are
held firmly bound unto XXXXXX XXXXXXXX BOVIS, INC. AND G.C.T. VENTURE, INC.
as obligees in the sum of TEN PERCENT OF THE AMOUNT BID US DOLLARS (10% of the
amount Bid) for the payment of which sum, well and truly to be made, the
Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
RESTORATION OF GRAND CENTRAL TERMINAL LMB PROJECT #2458.03
NOW THEREFORE, if the Obligees shall accept the bid of the Principal and the
Principal shall enter into a Contract with the Obligees in accordance with the
terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligees the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the
Obligees may in good faith contract with another party to perform the Work
covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
Signed, sealed and dated
(Principal)
(Witness) By:
(Title) (seal) (Surety)
(Witness) By:
BID BOND
PAGE 1
PERFORMANCE BOND
CO-OBLIGEE
Bond No. Premium Amount $
KNOW ALL MEN BY THESE PRESENTS,
That we, (full name and address of Contractor) (hereinafter called the
Principal). as Principal, and
(full name and address of Surety) a corporation duly organized under the
laws of the state of called the Surety), as Surety, are held and firmly bound
unto:
(hereinafter
XXXXXX XXXXXXXX BOVIS, INC.
000 XXXX XXXXXX
XXXXXXX,XX 00000
And
G.C.T. VENTURE, INC.
000 XXXX 00XX XXXXXX
XXX XXXX, XX 00000
as their interests may appear, (hereinafter celled the Obligees).
in the sum of
U.S. Dollars (S ), for the payment of which we, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal entered into a certain Contract dated XXXXXX
XXXXXXXX BOVIS. INC. for:
RESTORATION OF GRAND CENTRAL TERMINAL. LMB PROJECT #2458.03
which is hereby referred to and made a part hereof as if fully set forth
herein.
19 with
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal shall promptly and faithfully perform said Contract, then this
obligation shall be null and void; otherwise it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration, or extension of time
made by the Obligees or either one of them.
- Whenever Principal shall be, and declared by Obligees or either one of
them, to be in default under the Contract, the Obligees having performed their
obligations thereunder, the Surety shall promptly remedy the default by one of
the following:
1) Complete the Contract in accordance with its terms and conditions.
PERFORMANCE BOND
CO-OBLIGEE
PAGE 1
2) The above named Principal and Surety hereby jointly and severally
agree with the Obligees that every claimant as herein defined) who
has not been paid in full before the expiration of a period of
ninety (90) days after the date of which the last of such
claimant's work or labor was done or performed) or materials were
furnished by such claimant, may xxx on this bond for the use of
such claimant1 prosecute the suit to final judgment for such sum or
sums as may be justly due claimant1 and have execution thereon. The
Obligees or either of them shall not be liable for the payment of
any cost or expenses of any suit
3) No suit or action shall be commenced hereunder by any claimant
a) After the expiration of one (1) year following the date on which
Principal ceased work on said Contract, it being understood, however, that if
any limitation embodied in this bond is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted by such law.
b) Other than in a state court of competent jurisdiction in and for the
county or other political. subdivision of the state in which the Project, or any
part thereof, is situated, or in the United States District Court for the
district in which the Project, or any part thereof, is situated, and not
elsewhere.
4) The amount of this bond shall be reduced by and to the extent of any
payment of payments made in good faith hereunder.
Principal and Surety shall not be liable to the Obligees or any of them
unless the Obligees or any of them have performed the obligations to the
Principal in accordance with the terms of said Contract
Principal and Surety shall not be liable to all Obligees in the aggregate
in excess of the penal sum above stated. Sealed with our seals and dated this
day of 19 --
Attested by:
Attested by:
Principal
by:-
(Title) (seal)
Surety
by:
Attorney-in Fact
(seal)
LABOR AND MATERIAL PAYMENT BOND
CO-OBLIGEE
PAGE 2
LABOR AND MATERIAL PAYMENT BOND
CO-OBLIGEE
Bond No. Premium Amount $
KNOW ALL MEN BY THESE PRESENTS, That we.
(full name and address of Contractor)
(hereinafter call the Principal), as Principal, and
(full name and address of Surety)
a corporation duly organized under the laws of the state of called the Surety),
as Surety, are held and firmly bound unto:
(hereinafter
XXXXXX XXXXXXXX BOVIS, INC.
000 XXXX XXXXXX
XXXXXXX,XX 00000
And
G.C.T. VENTURE, INC.
000 XXXX 00XX XXXXXX
XXX XXXX,XX 00000
as their interests may appear, (hereinafter celled the Obligees).
in the sum of
U.S. Dollars (S ), for the payment of which we, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal entered into a certain Contract dated XXXXXX
XXXXXXXX BOVIS, INC. for:
RESTORATION OF GRAND CENTRAL TERMINAL. LMB PROJECT #2458.03
which is hereby referred to and made a part hereof as if fully set forth
herein. 19 with
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal shall promptly make payment to all claimants as hereafter defined, for
all -labor and material used or reasonably required for use in the performance
of the Contract, then this obligation shall be void; otherwise it shall remain
in full force and effect, subject, however, to the following conditions;
1) A claimant is defined as one having a direct contract with the
Principal or a subcontractor of the Principal, for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of
water, gas, power1 light, heat, oil, gasoline, telephone service or
rental of equipment directly applicable to the Contract
LABOR AND MATERIAL PAYMENT BOND
CO-OBLIGEE
PAGE 1
2) Obtain a bid or bids for completing the Contract in accordance with
its terms and conditions, and upon determination by Surety of the
lowest responsible bidder, or if the Obligees elect, upon
determination by the Obligees and the Surety jointly of the lowest
responsible bidder1 arrange for a contract between such bidder and
Obligees, and make available as Work progresses (even though there
should be a default or a succession of defaults under the contract or
contracts of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less the balance of the Contract
price; but not exceeding, including other costs and damages for which
the Surety may be liable hereunder, and pursuant to the Contract, the
amount set forth in the first paragraph hereof. The term "balance of
the Contract price," as used in this paragraph, shall mean the total
amount payable by Obligees to the Principal under the Contract and
any amendments thereto, less the amount properly paid by Obligees to
the Principal.
3) Pay to the Obligees the full amount of the penal sum above stated.
Any suit under this bond must be instituted before the expiration of two
(2) years from the date on which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any
person or corporation other than the Obligees named herein or the heirs,
executors, administrators, successors or assigns of the Obligees.
Principal and Surety shall not be liable to the Obligees or any of them
unless the Obligees or any of them have performed the obligations to the
Principal in accordance with the terms of said Contract.
Principal and Surety shall not be liable to all Obligees in the aggregate
in excess of the penal sum above stated. Sealed with our seals and dated this
day of 19 --
Attested by:
Attested by:
Principal
by:
(Title) (seal)
Surety
by:
Attorney-in-Fact(seal)
PERFORMANCE BOND
CO-OBLIGEE
PAGE 2
EXHIBIT F
ATTN: XX. XXX XXXXXXX
XXXXXX XXXXXXXX BOVIS, INC.
GRAND CENTRAL TERMINAL
LMB PROJECT #2458.03
PERFORMANCE & PAYMENT BOND REQUIREMENTS
ALL BONDS ARE TO BE PREPARED IN DUPLICATE
CONTRACTOR SHALL PROVIDE THE FOLLOWING:
Co-Obligee Performance bond and a Co-Obligee Labor and Material
Payment Bond, written in the full contract amount. ALL SIGNATURES AND
SEALS MUST BE IN PLACE.
BONDS MUST BE ACCOMPANIED BY THE FOLLOWING:
Valid Power of Attorney with sufficient limits for the full Contract
Amount Corporate and Surety Acknowledgment completed and notarized.
Current Financial Statement of the issuing Surety Company.
IMPORTANT
Attached are the required Co-Obligee Bond formats for LMB. If they are
unacceptable to your Surety Company, LMB will accept an "AlA 311"
form, plus a Dual Obligee rider with the word "strictly" removed,
(should read "in accordance with the terms of the contract") ONLY.
Surety Bonds will be obtained from Surety Companies with a Best's Rating of "A"
(Excellent) or better. In addition, the Surety shall have a Best's Financial
Size Category equivalent to at least Class ~ If the Performance Band is issued
in an amount exceeding $1 ,CCC,OCC, then a higher financial size category will
be required.
If the contractor fails to obtain the Surety Bonds in accordance with the above,
the Construction Manager or Owner reserves the right to grant an exception to
these requirements or to reject the Surety Bonds based on inadequate financial
protection.
When completed, please forward all bonds to:
XXXXXX XXXXXXXX BOVIS, INC.
CIO GRAND CENTRAL TERMINAL
000 XXXX XXXXXX
XXXXXXX,XX 00000
Revised 1/29/96
EXHIBIT G
EEC I PAYROLL PACKAGE
GRAND CEARAL STATICN TERMINAL
PHASE III: RETAIL, STRUCTURAL WORK
This Construction Payroll/EEC Package has been prepared to assist each
contractor/subcontractor in meeting all Equal Employment ~ Action requirements
for this project. All documentation required by this package must be submitted
to the following address:
Xxxxx X Xxxxxx
Asst. Vice President
Xxxxxx XxXxxxxx Bovis, Inc.
000 Xxxx Xxxxxx, 0xx fi
Xxx Xxxx, XX 00000
212) 592-68~3
INSTRUCTIONS
ITEM I - CONTRACTORS AFFI~TI~ ACTION PLAN
All prime contractors are required to document their good faith efforts in
soliciting M/WBE participation. The attached form should be returned with the
bid document noting the firms they've solicited and/or have awarded subcontracts
to. A mandatory goal of 15% MBE/l0% WBE is required.
ITEM II - WAGE REQUIREMENT LEP.
All persons authorized to sign payrolls must be listed on this form.
Preconstruction Statement: states that you have read the information attached
regarding your construction payroll requirements
Fringe Benefits Statement: if fringe benefits are paid on behalf of the workers
into approved third-party funds, the contractor shall submit a list of the
fringe benefits paid the hourly amount for each fringe benefit, and each should
identify the organization (5) where they transmit the funds.
A Deductions or contributions made which are mandated by Federal1 State or
Local laws are not considered fringe benefits -
B. If fringe benefits are not paid ~o an approved fund, the worker must
receive the basic hourly rate D1u5 any fringe benefit amounts which are
indicated in the applicable Wage Decision of the project. The total amount would
become the minimum basic hourly rate and must be reflected on the
payroll report. If the overtime occurs during the time the worker is
performing on this project, the contractor would revert to the minimum basic
hourly rate (1e53 fringes) and compute the time and one-half on this amount.
The Wage Requirement Letter is due with submission of first payroll.
ITEM III - WH-347 PAYROLL FORM
The first payroll report submitted must be marked Initial" payroll 4.1. The last
week of work performed by the contractor/subcontractors must be marked as Final
payroll #__ All Payrolls are to be numbered consecutively beginning with number
and are due on a weekly basis.
A. Initial payroll #1 must include the contractor subcontractor IRS # on
the right front side of the form.
B. The complete name, address, social security number, race and sex must
be indicated on the payroll on which the employee first appears.
Identify any address changes thereafter. Race, sex and social
security number must appear on every payroll. Omission of any of
these items will result in returning for completion.
C. This form must be submitted, in duplicate, to our office on a weekly
basis. If no work was performed during any given week, a statement on
the payroll report form, with an original signature or letter stating
"~o work performed" will suffice.
D. Payroll Certification (reverse side of ~~-347) must be certified
manually by an officer of your company or by. an employee who has
been authorized to sign payroll systems.
E. A copy of the Apprentice or Trainee Agreement for each apprentice or
trainee must be attached to the payroll on which the worker appears.
You can obtain these from the Bureau of Apprenticeship & Training
ITEM IV - SECTION 220 - WAGE DECISION
The rates noted in this booklet are State Wage Rates to be used as a minimum
guideline on this project. Contractor/subcontractors may not pay less than the
amounts noted in this booklet.
ITEM V - WORKFORCE PROJECTION
All contractor/subcontractors are required to submit an estimate of their labor
force for the duration of the project. This report is due prior to commencement
of work.
ITEM VI - MONTHLY EMPLOYMENT UTILIZATION REPORT -
(PROJECT SPECIFIC)
This form is to be completed by each contractor/subcontractor for contracts in
excess of $10,000 and signed by an officer/partner of the corporation.
The reports are to cover a four-week period during the term of the contract, and
shall include the total work hours actually worked for each employee level in
each designated trade for the entire reporting period
This report is to be submitted directly to Xxxxxx XxXxxxxx Bovis no later than
the fifth (5th) of each month.
ITEM VII - APPRENTICE CERTIFICATION
These sample letters will assist you in requesting apprentice certificates from
the appropriate division within the Bureau of Apprentice Training. Please refer
to your Collective Bargaining Agreement for the appropriate apprentice ratio for
each trade.
ITEM VIII - MINORITY/FEMALE WORKEORCE GOALS
All contractor/subcontractors are required to provide good faith efforts in
utilizing minorities and females in their workforce. The percentage goals are
noted by trade category and represents total hours worked.
ITEM IX - AFFI~MATIVE ACTION STANDARDS
Each contractor/subcontractor must comply with all sixteen steps to document
their good faith efforts in employment for minorities and females.
ITEM X - EQUAL OPPORTUNITY CLAUSE
The contractor/subcontractor must include the equal opportunity clause in all
subcontracts.
ITEM XI - EEC POSTERS
These posters must be posted at the jobsite, along with a copy of the wage scale
for your respective trades.
ITEM XII - SEXUAL HARASSMENT FACT SHEET
If you do not have a company policy, it is suggested that you copy this onto
your company's letterhead and have your employees read and sign in
acknowledgement.
ITEM XIII - MTA DISADVNTAGED BUSINESS ENTERPRISE VENDOR
LIST
Contains listing of MTA certified firms by trade.
PRECONSTRUCTION STATEMENT - All firms are required to attend a preconstruction
conference to review relevant documents pertaining to this project prior to
commencement of work.
Document due prior to commencement of work:
a)Contractors Affirmative Action Plan
b)Sub-tier Contractors Contract or Purchase Order
c)Wage Requirement Letter
d)Workforce Projection
Documents due after commencement of work:.
a) WH-347
b) Trainee and/or apprentice certificate
c) Monthly Employment Utilization Report (CC-257)
d) Sub-tier Affidavit of Payment
[Graphic Omitted]
[Graphic Omitted]
[Graphic Omitted]
[Graphic Omitted]
[Graphic Omitted]
Metropolitan Transportation Authority
August 8, 1995
Mr. Jack Train
GCT Ventura1 Inc.
LaSalle Partners
00X Xxxx 00xx Xxxxxx, Xxxxx 0000
Xxx Xxxx0 N.Y. 10017
Re: Development Agreement between Metropolitan Transportation authority and
GCT Venture, lflC.1 Developer for Work Relating to Grand Central Terminal Retail
Development dated as of 4/1/94.
Dear Xxxx:
The purpose of this letter to clarify the position of the Authority in regard
to the imposition of State and Local sales taxes
According to the agreement for services between GCT Venture, Inc., (GCTVI)
and Xxxxxx XxXxxxxx Bovis, Inc., (LMB) GTVI has authorized LMB to act as its
agent in the acquisition of materials, and other purchases In connection with
the services for the GCT Retail Development. Pursuant to the provisions of
Article 5 Title 11,Section 1275 of the New York State Public Authorities Law,
Metropolitan Transportation Authority 18 exempt from all state and local
taxes on purchases made directly, or by MTA's contractors, subcontractors,
etc., when acting as agent for MTA.
this statement takes the places of a tax exemption certificate and may be
shown, and a photocopy retained, to any Interested party regarding tax
matters pursuant to the above contract.
Xxxxxxx X. Xxxxx
Director
Real Estate Development
cc: L Freundlich
Xxxxxx XxXxxxxx Bovis, Inc. Xxxx Xxxxxx
Xxx Xxxx, X.X. 00000
LMB JOB NO. 2458.03
Grand Central Terminal Venture Retail
EL: (212) 592 - 6700 FAX: (000)000-0000
REQUISITIONING INSTRUCTIONS
We are attaching herewith the following forms:
a. Requisition for Payment
b. Trade Payment Breakdown
c Affidavit and Waiver of Lien
d Rate Sheet
e Final Release
f Consent Of Surety Company To Reduction in or Partial Release of Retainage
(if bonded)
g Consent Of Surety Company To Final Payment (if bonded)
Forms (a) through (f) are the only forms that will be accepted for
submitting requisitions for payrnent Any requisitions submitted using other
forms will be returned
The affidavit and waiver of Lien is to be used for each requisition
submitted The Affidavit of Payments applies to the current requisition being
submitted: the Waiver of Lien is to be completed starting with your first
requisition. NOTE: ALL DATES MUST BE CONSISTENT WITH AND REFLECT THE CURRENT AND
PREVIOUS APPLICATIONS APPROPRIATELY. NO PAYMENT WILL BE MADE UNTIL SATISFACTORY
DOCUMENTATION IS RECEIVED.
All insurance certificates must be submitted and approved with Contract
requirements prior to submitting or processing of requisitions
No PAYMENT WILL BE MADE UNTIL SATISFACTORY INSURANCE CERTIFIACTES ARE
RECEIVED.
Once an amount has been approved for payment no FURTHER monies can be
approved until a new requisition has been received Until final payment has been
made on a contract. requisitions should be submitted each month even if no
payment is requested. REQUISITIONS MUST INCLUDE Accompanying DOCUMENTS, i.e.
BILLS OF SALE, INVENTORY L~URANCE, IF APPROPRIA T~
The Trade Payment Breakdown The purpose of the Trade Payment Breakdown
Schedule it to provide details of the contract and any change orders together
with a breakdown of the work completed to Date Please use separate sheets for
all contract value and change orders work (to match with summary sheet of
Requisition).
The Requisition for Payment This schedule includes the following:
a: The figures under Contract and Orders and Value of Work Completed are
the totals as indicated on the Trade Payment Breakdown
b.Deductions include retained percentage and amount as per the contract,
total payments requisitioned to the date of the current requisition.
c The Balance Due for This Request it the Total Value of the work completed
less Total Deductions.
Time and material work is handled by the issuance of change orders and can
be processed only upon completion of the attached Rate Sheets for each labor
category. in duplicate. and in conformance with the Contract Field tickets
are to be submitted to the Superintendent. Contractor must obtain the
written approval of the Superintendent for all field rickets. Field ticket
without the Superintendents approval will not be processed. Invoices are to
be submitted to the Project Manager for issuance of change order with a copy
of the approved field ticket These approved change orders are to be included
in your monthly requisitions for payment.
REQUISITION FOR PAYMENT
[graphic omitted]
[graphic omitted]
[graphic omitted]
FINAL RELEASE
FINAL WAIVER OF CLAIMS AND LIENS AND LEASE OF RIGHTS
Date Contract Date
'project Grand Central Terminal Venture Project Contract Price
--------------------------------------
lob/Phase Name GOTY - Retail Change Orders
Job/Phase ~ 458.01 Total Adjusted Contract Price
Address Gr2nd Central Terminal Amount Previously Paid
City New York City Amount Previously Billed And Not Yet Paid
County Manhattan Balance Due - Final Payment
State New York
Owner Xxxxxx XxXxxxxx Bovis, Inc
The undersigned hereby acknowledges that the above Balance Due
when paid represents payment in full for all labor, materials. etc., furnished
by the below named Contractor or Supplier in connection with its work on the
above project in accordance with the Contact made by it with Xxxxxx XxXxxxxx
Bovis. Inc.
In consideration of the amounts and sums previously received, and
the payment of _______________________________________________________________
being the full and Final )payment amount due. the below named Contractor or
Supplier does hereby waive and release Xxxxxx XxXxxxxx Bovis, Inc., CCI' Venture
Inc., and LaSalle Pi: from any and all claims and liens and rights of liens upon
the premises described above, and upon improvements now or hereafter thereon,
and upon the monies or other considerations due or to become due from Xxxxxx
XxXxxxxx Bovis ,Inc.. OCT Venture Inc., and/or LaSalle Partners or from any C
person, firm or corporation said claims. liens and rights of liens being on
account of labor, services, materials, fixtures or apparatus heretofore
furnished by the o, named Contractor or Supplier to the Project' The premises as
to which said claims and liens are hereby released are identified as follows:
Grind Central Terminal
The undersigned further represents and warrants that he/she is
duly authorized and empowered to sign and execute this waiver on his/her own
behalf and on behalf of the company or business for which he/she is signing that
it has properly performed all work and furnished all -materials of the specified
quality per plans and specifications and in a good and workmanlike manner, fully
and completely that it has paid for all the labor, materials. equipment and
services that it has used or supplied. that it has no other outstanding and
unpaid applications. invoice, retentions, oldbacks, expenses employed in the
prosecution of work, chargebacks or unbilled work or materials against Xxxxxx
XxXxxxxx Bovis, Inc., OCT Venture Inc., and/or LaSalle Partners , as of the date
of the aforementioned last and final payment application; and any materials
which have been supplied or incorporated into the above premises were either
taken from its fully paid or open stock or were folly paid ~r and supplied on
the last and final payment application or invoice
The undersigned further agrees to defend, indemnify and hold
harmless Xxxxxx XxXxxxxx Bovis, Inc., OCT Venture Inc., and/or LaSalle Partners
or any losses or expenses (including without limitation reasonable attorneys,
fees) should any such claim, lien, or right of lien be asserted by the below
named Contractor or Supplier or by any of its or their laborers, materialmen or
subcontractor
In addition. for and in consideration of the amounts and Sums
received, the below named Contractor or Supplier hereby waives, releases and
relinquishes any and all claims, rights or causes of action in equity or law
whatever arising out of through or under the above mentioned contract and the
performance of work pursuant thereto.
The below named Contractor or Supplier further guarantees that
all portions of the work furnished and ~ are in accordance with the Contract and
that the terms of the Contract with respect to this guarantee will remain in
effect for the period specified in said Contract
Xxxxxx XxXxxxxx Bovis, GCTV, MNRR HOT WORK PROCEDURE
A PURPOSE:
The intent of the "Hot Work" procedure is to implement fire protection
precautions, minimize the potential of a fire on the project and formally notify
all the parties.
B. SCOPE:
This procedure will encompass hot work operations conducted by all
contractors, subcontractors, and sub-tier contractors, without exceptions.
C DEFINITION:
"Hot Work" is considered to be flame equipment, gas or are cutting,
welding, brazing, cad welding ,sawzall cutting and spark-producing equipment
D. GENERAL PRECAUTioNS:
The following general conditions will apply to each hot work operation:
1. A hot work provided by Xxxxxx XxXxxxxx Bovis is required and must be in
the contractor's possession before any work begins. Each contractor/ involved in
hot work operations is required to request a hot Work permit 24 hours prior to
actual intended hot work.
2. Hot work operations are limited to the area and time specified in the
hot work permit
3. Hot work cannot begin on or near any container or equipment that does
contain, did contain flammable liquids until the fire and/or explosive hazard
has been eliminated and/or protected.
4. Storage 'areas of compressed gas cylinders containing oxygen or fuel
gases must be according to Federal, State or local regulations. Gas and oxygen
cylinders are limited to seven cylinders per gas for each contractor. No propane
heating cylinders are permitted on the project Empty cylinders must be removed
from the building immediately. All compressed gas cylinders must be stored
upright, capped and secured.
FINAL REVISION May 30, 1996
5. A fire detection suppression system cannot be made inoperable without
the express written permission of Xxxxxx XxXxxxxx Bovis. If torch or welding
work occurs within 3 feet of said system, the area must be protected by the
contractor conducting the work, from accidental discharge by a means or method
approved by GCTVIMNRR (i.e. MOP). I,
6. Combustible materials subject to hot work operations must not be stored
closer than 35 feet of the hot work operations.
7 Precautions must be taken by use of fire blankets or fire stop to ensure
fire safety to areas below.
8. A minimum of one crew member, other than the person doing the hot work,
must act as the designated fire watch at all times that the hot work operation
is in progress and for one hour thereafter. A copy of the hot work permit to be
maintained by the fire watch person.
9. The firewatch must remain within 50 feet of the hot work; be supplied
with a minimum of one (1) twenty pound ABC drychemical fire extinguisher: know
who to call to report a fire; and be familiar with the operations of the
extinguishing equipment
10. An additional firewatch may be required on the other side of any wall
or partition if the hot work ~ performed adjacent to the wall or partition.
11. The equipment, including hoses, gauges, leads, cords, being used must
be in good condition, inspected on a regular basis, and must be immediately
removed from service if found to be defective.
12. Barriers, protecting screens, or warning signs must be used to alert
the other trades or facility employees of the work being done.
13. The Contractor must contact the Xxxxxx XxXxxxxx Bovis Office in case of
fire emergency 000-000x0000; and in police department emergency - 212-3406911.
14. Should the use of a fire extinguisher be necessary, a fully charged
replacement is required before work can resume.
15. The hot work area must be inspected for one hour after hot work ceases
and again at the end of normal work shift (whichever is later).
FINAL Revision
May 301 1996
Xxxxxx XxXxxxxx Bovis J GCTV MNRR
HOT WORK PERMIT
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