SUBCONTRACTOR AGREEMENT
JOB -~ 9616 PAY ITEM#05100 ~FOR INTERNAL USE ONLY)
ARTICLE 1
AGREEMENT
This Agreement made this___ day of December 13 1996. by and between _______
Xxxxxxxxx & Xxxxxxx. Inc.
hereinafter called the Contractor and U.S. Bridge of N.Y.. Inc.
thereinafter called the Subcontractor. to perform part of the Work on the
following project:
ARTICLE 2
PROJECT:
Permanent Mission
To The Republic Of Korea
000-000 X. 00xx Xxxxxx
Xxx Xxxx. Xxx Xxxx
OWNER:
Republic of Korea Mission
To the United Nations
000 XX Xxxxx (Xxxxx 000)
Xxx' Xxxx, Xxx Xxxx 00000
ARCHITECT:
Xxx Xxxx Freed & Partners
000 Xxxxxxx Xxxxxx - -
Xxx Xxxx, Xxx Xxxx 00000
CONTRACTOR:
Xxxxxxxxx & Xxxxxxx, Inc.
000 Xxxxxxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
SUBCONTRACTOR:
U.S. Bridge of N.Y., Inc.
00-00 00xx Xxxxx
Xxxxx, Xxx Xxxx 00000
CONTRACT PRICE; One Million Five Hundred Thousand Dollars ($1,500,000) FOR
Structural Steel Work as further described in this Agreement arid all attached
Riders. Notice to the parties shall be given at the above addresses.
SCOPE OF WORK
2.1 SUBCONTRACTOR' WORK. The Contractor contracts with the Subcontractor as
an independent contractor. to perform the work described in Rider A. The
Subcontractor shall perform such work (hereinafter called the "Subcontractors
Work') under the general direction of the Contractor and in accordance with this
Agreement and the Contract Documents.
2.2 CONTRACT DOCUMENTS. The applicable Contract Documents which are
incorporated into this Agreement and which are binding on the Subcontractor are
set forth in Article 16. Upon the Subcontractor's request the Contractor shall
furnish a copy of any part of these documents. Nothing in the Contract Documents
shall be construed to create a contractual relationship between persons or
entities other than the Contractor and Subcontractor.
2.3 CONTRACT OBLIGATIONS. With respect to the Work to be performed and
furnished by the Subcontractor, the Subcontractor agrees to be bound to the
Contractor by each and all of the terms and provisions of the Contract Documents
set forth in Article 16. and to assume toward the contractor all the duties.
obligations and responsibilities that the Contractor by those Contract Documents
assumes toward the Owner. Subcontractor agrees further that the Contractor shall
have the same rights and remedies as against the Subcontractor as the Owner.
under the terms and provisions of the Contract Documents. has against the
Contractor with the same force and effect as though every such. obligation.
responsibility, right or remedy were set forth herein in full. The terms and
provisions of the Contract Documents, with respect to the Work to be performed
and furnished by the Subcontractor, are intended to be and shall be in addition
and not in substitution for any of the terms and provisions of this Agreement.
2.4 CONFLICTS. In the event of a conflict between this Agreement and the
Contract Documents. this Agreement shall govern.
ARTICLE 3
SCHEDULE OF WORK
3.1 TIME IS OF THE ESSENCE. Time is of the essence to this Agreement: and
the parties agree to mutually cooperate with each other so that the entire
Project may be completed in accordance with the Contract Documents and the
Schedule of Work. The Contractor may prepare a Schedule of Work and revise such
Schedule as the Work progresses.
3.2 DUTY TO BE BOUND. The Subcontractor shall provide the Contractor with
any requested scheduling information for the Subcontractors Work. The Schedule
of Work and all subsequent changes thereto shall be furnished to the
Subcontractor. The Subcontractor agrees to be bound to the Schedule of Work and
any subsequent revisions.
3.3 SCHEDULE CHANGES. The Subcontractor recognizes that changes will be
made in the Schedule of Work and agrees to comply with changes.
3.4 PRIORITY OF WORK. The Contractor shall have the right to decide the
time. order and priority in which the various portions of the work shall be
performed and all other matters relative to the timely and orderly conduct of
the Subcontractors Work. The Subcontractor shall commence its work within three
(3) days of notice to proceed from the Contractor; and if such work is
interrupted for any reason the Subcontractor shall resume such work within two
working days from the Contractors notice to do so.
ARTICLE 4
CONTRACT PRICE
The Contractor agrees to pay the Subcontractor for the satisfactory
performance of the Subcontractor's Work the amount stated in Article I subject
to additions or deductions per Article 6.
ARTICLE 5
PAYMENT
5.1 GENERAL PROVISIONS
5.1.1 SCHEDULE OF VALUES. The Subcontractor shall provide a schedule of
values satisfactory to the Contractor and the Owner no more than fifteen (15)
days from the date of execution of this Agreement.
5.1.2 ARCHITECT VERIFICATION. Upon request the contractor shall give the
Subcontractor written authorization to obtain directly from the Architect the
percentage of completion certified for the Subcontractors Work.
5.1.3 PAYMENT USE RESTRICTION. Every payment received by the Subcontractor
shall be used to satisfy the indebtedness owed by one Subcontractor to any
person furnishing labor or materials for use in performing me Subcontractor's
Work in this Project before it is used in any other manner.
5. 1.4 PAYM(pound)NT USE VERIFICATION. The Contractor may at any time
require the Subcontractor to furnish a notarized affidavit that all finds by the
Subcontractor have been used to pay the Subcontractor's obligations incurred in
the performance of the Subcontractors Work on this Project. The Contractor shall
have the right at all times to contact the Subcontractor's subcontractors and
suppliers to ensure that the same are being paid promptly by the Subcontractor
for labor or materials homicide for use in performing the Subcontractor's Work.
5.1.5 PARTIAL LIEN WAIVERS AND AFFIDAVITS. As a prerequisite for payment,
the Subcontractor shall provide. in a form satisfactory to the Owner and the
Contractor. partial lien or claim waivers and affidavits from the Subcontractor.
and its subcontractors and suppliers for the completed Subcontractor's Work.
Such waivers may be made conditional upon payment.
5.1.6 SUBCONTRACTOR PAYMENT FAILURE. Upon payment by the Contractor.
Subcontractor shall promptly pay its lower-tier subcontractors and material
suppliers the amounts to which they are entitled. In the event the Contractor
has reason to believe that labor. material or other obligations (including
employee benefits) incurred in the performance of the Subcontractor's Work are
not being paid. the Contractor may give notice to the Subcontractor and may take
any steps deemed necessary to assure that progress payments are utilized to pay
such obligations including but not limited to the issuance of joint checks. If
upon receipt of such notice. the Subcontractor does not (a) supply evidence to
the satisfaction of the Contractor that the moneys owing to the claimant(s) have
been paid: or (b) post a bond indemnifying the Owner, the Contractor, and the
Contractor's surety, if any, and the premises from any claim or lien: then the
Contractor shall have the right to withhold from any payments due or to become
due to the Subcontractor a reasonable amount to protect the Contractor from any
and all loss. damage or expense including attorney's fees arising out of or
relating to any claim or lien until the claim or lien has been satisfied by the
Subcontractor.
SUBCONTRACTOR ASSIGNMENT OF PAYMENTS. The Subcontractor shall not assign
any moneys due to or become due under this Contract. or under an Change Order
thereto. without the written consent of Contractor. unless such assignment is
intended to create a new security interest within the scope of Article 9 of the
Uniform Commercial Code. Should Subcontractor assign all or any part of any
moneys due or to become due under this Contract to create a new security
interest or for any other purpose. the instrument of assignment shall contain a
clause to the effect that the assi2nee's right in and to any money due or to
become due to the Subcontractor shall be subject to the claims of all persons.
firms and corporations for services rendered or materials supplied for the
performance of the work under this Subcontract and any Change Orders. 5.1.8
PAYMENT NOT ACCEPTANCE. Payment to the Subcontractor does not constitute or
imply acceptance of any portion of the Subcontractor's Work. 5.1.9 OWNER
RESPONSIBILITY FOR PAYMENTS. The Subcontractor hereby acknowledges that it
relies upon the credit of Owner, not the Contractor. for all payments for the
Subcontractor's Work. The Subcontractor shall have the right to receive from the
Contractor such information as the Contractor has obtained relative to the
Owner's financial ability to pay for the Work.
5.2 PROGRESS PAYMENTS
5.2.1 APPLICATION. Subcontractor's application for progress payment shall
be itemized and supported by substantiating data as required in the Contract
Documents for the Contractor's payment application. Subcontractor's applications
shall be notarized if required. Subcontract payment applications may include
payment requests - on account of properly authorized Change Orders. The
Subcontractor's progress payment application for work performed in the preceding
payment period shall be submitted to the Contractor per the terms of this
Agreement and specifically Subparagraphs 5.1.1.5.2.2 and 5.2.4 for approval of
the Contractor and Owner and Architect or Designated Representatives.
The Contractor shall forward. without delay, the approved value to the
Owner for payment.
5.2.2 RETAINAGEISECURITY. The rate of retainage shall be equal to the
percentage retained from the Contractor's payment by the Owner for the
Subcontractor's Work provided the Subcontractor furnishes a bond or other
security to the satisfaction of the Contractor.
If the Subcontractor has furnished such bond or security and if its work is
satisfactory. and if the Contract Documents provide for reduction of retainage
at a specified percentage of completion, the Subcontractor's retainage shall
also be reduced when the Subcontractors Work has been so reduced by the Owner.
However if the Subcontractor does not provide such bond or security, the rare of
retainage shall be ten percent ~ [10%)
5.2.3 TIME OF APPLICATION. The Subcontractor shall submit progress payment
applications to the Contractor no later than the 25th day of each payment period
indicating work performed up to and including the last day of the payment period
indicating work completed and. to the extent allowed under Subparagraph 5.2.4.
costs for materials suitably stored during the preceding payment period.
5.2.4 STORED MATERIALS. Unless otherwise provided in the Contract
Documents. and if approved in advance by the Owner. applications for payment may
include materials and equipment not incorporated in the Subcontractor's Work but
delivered to and suitably stored at the site or at some other location agreed
upon in writing. Approval of payment applications for such stored items on or
off the site shall be conditioned upon submission by the Subcontractor of bills
of sale and applicable insurance or such other procedures satisfactory to the
Owner and Contractor to establish the Owner's title to such materials and
equipment or otherwise protect the Owner's and Contractor's interest therein.
including transportation to the site. All costs for material storage shall be
borne by the Subcontractor and are included in the Contract Price.
5.2.5 PAYMENTS. The Subcontractor expressly agrees that payment from the
Owner to the Contractor for the Subcontractor's work is a condition precedent to
the Contractor's obligation to make payment to the Subcontractor: and agrees
that no payment shall be made to the Subcontractor unless and until the
Contractor receives payment from the Owner for the Subcontractor's Work.
Payments to the Subcontractor for satisfactory performance of the
Subcontractor's Work shall be made no later than ten (10) days alter receipt by
the Contractor of payment from the Owner for the Subcontractor's Work.
5.3 FINAL PAYMENT
5.3.1 APPLICATION. Upon acceptance of the Subcontractor's Work by the
Owner, the Contractor. and if necessary, the Architect; and upon the
Subcontractor furnishing evidence of fulfillment of the Subcontractor's
obligations in accordance with the Contract Documents and Subparagraph 5 3.2.
the Contractor shall forward the Subcontractor's application far final payment
without delay.
5.3.2 REQUIREMENTS. Before the Contractor shall be required to forward the
Subcontractor's application for final payment to the Owner, the Subcontractor
shall submit to the Contractor.
(a) an affidavit that ail payrolls. bills for materials and equipment, and
other indebtedness connected with the Subcontractor's Work for which the Owner
or its property or the Contractor or the Contractor's surety might in any way be
liable. have been paid or otherwise satisfied:
(b) consent of surety to final payment. if required:
(c) satisfaction of required closeout procedures;
(d) certification that insurance required by the Contract Documents to
remain in effect beyond final payment pursuant to Paragraph 13.4 is in effect
and will not be cancelled or allowed to expire without at least thirty (30) days
written notice to the Contractor unless a longer period is stipulated in the
Contract, arid
(e) other data if required by the Contractor or other, such as receipts,
releases, and waivers of liens to the extent and in such form as may be
designated by the Contractor or Owner. Final payment shall constitute a waiver
of all claims by the Subcontractor relating to the 5ubcont:ractor's Work. but
shall in no way relieve the Subcontractor of liability for the obligations
assumed under Paragraph 9.10. or for faulty or defective work appearing after
final payment.
5.3.3 TIME OF FINAL PAYMENT. Final payment of the balance due of the
Contract Price shall be made to the Subcontractor:
(a) upon receipt of Owner's waiver of all claims related to die
Subcontractor's Work except for unsettled liens. unknown defective work. arid
non-compliance with the Contract Documents or warranties: and
(b) within seven (7) days alter receipt by the Contractor of final payment
from the Owner for such Subcontractor's Work.
ARTICLE 6
CHANGES. CLAIMS AND DELAYS
6.1 CHANGES. The Contractor reserves the right to make changes. additions
and deletions to the Subcontractor's Work. All such changes shall be made
by-written order to the Subcontractor. No adjustments to the Contract Price
shall be made unless the Subcontractor has received a written Change Order from
the Contractor's authorized Representative as provided in Paragraph 7 1. The
Subcontractor shall proceed with all work directed by a Change Order whether or
not a Contract Price adjustment has been agreed upon between the Contractor and
the Subcontractor.
6.2 CLAIMS RELATING TO OWNER. With respect to changes in the
Subcontractor's Work arising from or caused by acts or omissions of the Owner.
the Subcontractor agrees that the amount of any adjustment in the Contract price
or contract time shall be limited to the adjustment received by the Contractor
from the Owner on account of the Subcontractor's Work. The Subcontractor agrees
to make all claims resulting from acts or omissions of the Owner n the same
manner and within the time limits provided in the Contract Documents for like
claims by the Contractor upon the Owner: and Subcontractor agrees to make such
claims in sufficient time for the Contractor to make such claims against the
Owner in accordance with the Contract Documents. The Contractor agrees to permit
the Subcontractor. at the Subcontractor's expense. to prosecute a claim in the
name of the Contractor for the use and benefit of the Subcontractor in the
manner provided in the Contract Documents for like claims by the Contractor upon
the Owner.
6.3 CLAIMS RELATING TO CONTRACTO~ The Subcontractor shall give the
Contractor written notice of all claims not included in Paragraph 6.2 within
five (5) days of the occurrence of the event for which claim is made: otherwise.
such claims shall be deemed waived. All unresolved claims, disputes and other
matters in question between the Contractor and the Subcontractor not relating to
claims included in Paragraph 6 2 shall be resolved in the mariner provided in
Article 14.
6.4 ADJUST~~NT LN CONTRACT PRICE. If a Subcontract Change Order requires an
adjustment in the Contract Price. the adjustment shall be established by one of
the following methods:
1. mutual agreement on a lump sum with sufficient information to
substantiate the amount:
2. unit prices already established in the Contract Documents or if not
established by the Contract Documents then established by mutual agreement for
this adjustment; or
3. a mutually determined cost plus allowance for overhead and profit as
specified in Rider A.
6.5 SUBSTANTIATION OF ADJUSTMENT. If the Subcontractor does not respond
promptly or disputes the method of adjustment. the method and the adjustment
shall be determined by the Contractor on the basis of reasonable expenditures
and savings of those performing the Work attributable to the change, including,
in the case of an increase in the Contract Price. an allowance for overhead and
profit of as specified in Rider A.
The Subcontractor shall maintain for the Contractor's review and approval
an appropriately itemized and substantiated accounting of the following items
attributable to the Subcontract Change Order:
1. labor costs. including Social Security, health, welfare. retirement and
other fringe benefits as normally retired. and state workers' compensation
insurance;
2. costs of materials. supplies. and equipment. whether incorporated or
consumed in the Work. including transportation costs;
3. costs of renting, either from the Contractor or from others, of'
machinery and equipment other than hand tools;
4. costs of bond and insurance premiums, permit fees and taxes attributable
to the change; and
5 costs of additional supervision and field office personnel services
necessitated by the change.
6.6 DELAY. If the progress of the Subcontractors Work is substantially
delayed without the fault or responsibility of the Subcontractor, then the time
for the Subcontractor's Work shall be extended by Subcontract Change Order to
the extent outlined by the Contractor under the Contract Documents; and the
Schedule of Work shall be revised accordingly.
The Contractor shall not be liable to the Subcontractor for any damages or
additional compensation as a consequence of delays caused by any person not a
party to this Agreement unless the Contractor has first recovered the same on
behalf of understood and agreed by the Subcontractor that apart from recovery
from said person. the Subcontractor's sole and exclusive remedy for delay shall
be an extension in the time for performance of the Subcontractor's Work.
6.7 UQUIDATED DAMAGES. If the Contract Documents provide for liquidated or
other damages for delay beyond the completion date set forth in the Contract
Documents, and such damages are assessed. then the Contractor may assess same
against the Subcontractor in proportion to the Subcontractor's share of
responsibility for such delay However the amount of such assessment shall not
exceed the total amount assessed against the Contractor.
Nothing set forth herein shall limit the Subcontractor's liability to the
Contractor for the Contractor's actual delay damages caused by the
Subcontractor's delay. The Subcontractor shall be liable to the Contractor for
the Contractor's actual damages caused by the Subcontractor's delay.
ARTICLE 7
CONTRACTOR'S XXXXX.XX~~NS
7.1 AUTHORIZED REPRESENTATIVE. The Contractor shall designate one or more
persons who shall be the Contractor's authorized representative(s) on-site and
off-site. Such authorized representative(s) shall be the only person(s) the
Subcontractor shall look to for instructions, orders and/or directions, except
in an emergency.
7.2 STORAGE AREAS. The Contractor may allocate adequate storage areas. if
available. for the Subcontractor's materials and equipment during the course of
the Subcontractor's Work.
7.3 TIMELY COMMUNICATIONS. The Contractor shall transmit. with reasonable
promptness. all submittals, transmittals. and written approvals relating to the
Subcontractor's Work.
7.4 NON-CONTRACTED SERVICES. The Contractor agrees, except as otherwise
provided in this Agreement, that no claim for non-contracted construction
services rendered or materials famished shall be valid unless the Contractor
provides the Subcontractor notice: (a) prior to furnishing of the services and
materials. except in an emergency affecting the safety of persons or property
(b) In writing of such claim within three (~) days of first famishing such
services or materials: and (c) the written charges for such services or material
no later than the fifteenth (15th) day of the calendar month following that in
which the claim originated.
ARTICLE 8
SUBCONTRACTOR'S OBLIGATIONS
8.1 OBLIGATIONS DERIVATIVE. The Subcontractor binds itself to the
Contractor under this Agreement in the same manner as the Contractor is bound to
the Owner under the Contract Documents arid will so bind its lower-tier
subcontractors. The Subcontractor shall make available to its lower-tier
subcontractors the Contract Documents which are binding on the lower-tier
subcontractors.
8.2 RESPONSIBILITIES. The Subcontractor shall Flemish all of the labor,
materials. equipment, and services. including, but not limited to, competent
supervision, shop drawings, samples. tools, arid scaffolding as are necessary
for the proper performance of the Subcontractor's Work in strict accordance with
and reasonable inferable from the Contract Documents arid this Agreement.
The Subcontractor shall provide a list of proposed subcontractors and
suppliers. be responsible for taking field dimensions. providing tests. ordering
of materials and all other actions as required to meet the Schedule of Work. -
8.3 SHOP DRAWINGS. The Subcontractor shall be responsible to the Contractor
for the accuracy arid conformity with the Contract Documents of its own shop
drawing and other submittals that pertain to its work. in the same manner as the
Contractor is responsible therefore to the Owner. Shop drawing, or their
approval by the Contractor. shall not be deemed to authorize deviations or
substitutions from the requirements of the Contract Document.
8.4 INCONSISTENCIES AND OMISSIONS. Should inconsistencies or omissions
related to the Subcontractor's Work appear in this Agreement or in the Contract
Documents, the Subcontractor shall notify the Contractor in writing within three
(3) working days of the Subcontractor's discovery thereof.
8.5 TEMPORARY SERVICES. The Subcontractor shall furnish all temporary
services and/or facilities necessary to perform its work. exceed as provided in
Article 16. Said article also identifies those common temporary services. if
any, which are to be furnished by the Subcontractor.
8.6. COORDINATION. me Subcontractor shall.
(a) cooperate with the Contractor and all others whose work may interfere
with the Subcontractor's Work:
(b) specifically note and immediately advise the Contractor of any such
interference with the Subcontractor's Work: arid (c) participate in the
preparation of coordination drawings and work schedules in areas of congestion.
8.7 AUTHORIZED REPRESENTATIVE. The Subcontractor shall designate one or
more persons who shall be the authorized Subcontractor's representative(s)
on-site and off-site. Such authorized representative(s) shall be the only
persons) to whom the Contractor shall issue instructions. orders or directions.
except in an emergency.
8.8 PROVISION FOR INSPECTION. The Subcontractor shall notify the Contractor
when portions of the Subcontractor's Work are ready for inspection. The
Subcontractor shall at all times furnish the Contractor and its representatives
adequate facilities for inspecting materials at the site or any place where
materials under this Agreement may be in the course of preparation. process.
manufacture or treatment.
The Subcontractor shall furnish to the Contractor. in such detail and as
often as required. full reports of the progress of the Subcontractor's work
irrespective of the location of such work.
8.9 CLEANUP. The Subcontractor shall follow the Contractor's cleanup and
safety directions: and shall at all times keep the building and premises free
form debris and unsafe conditions resulting from the Subcontractor's Work: and
shall broom clean each work prior to discontinuing work in the same.
If the Subcontractor fails to immediately commence compliance with cleanup
duties within twenty-four (24) hours after written notification from the
Contractor of non-compliance. the Contractor may implement such cleanup measures
without further notice and deduct the cost thereof from any amounts due or to
become due the Subcontractor.
8.10 SAFETY. The prevention of accidents on or in the vicinity at its Work
is the Subcontractor's responsibility. even if the Contractor establishes a
safety program for the entire Project. Subcontractor shall establish a safety
program implementing safety measures. policies and standards conforming to those
required or recommended by governmental and quasi-governmental authorities
having jurisdiction and by the Contractor and Owner. including, but not limited
to. requirements imposed by the Contract Documents. Subcontractor shall comply
with the reasonable recommendations of insurance companies having an interest in
the Project. and shall stop any part of the Work which the Contractor deems
unsafe until corrective measures satisfactory to Contractor shall have been
taken. The Contractors failure to stop Subcontractor's unsafe practices shall
not relieve Subcontractor of the responsibility therefor. Subcontractor shall
notify the Contractor immediately following any accident and promptly confirm
the notice in writing by the subcontractor. A detailed written report shall be
furnished if requested by the Contractor. Subcontractor shall indemnity the
Contractor for fines, damages. or expenses incurred by the Contractor because of
the Subcontractor's failure to comply with safety requirements.
8.11 PROTECTION OF THE WOR~ The Subcontractor shall take necessary
precautions to properly protect the Subcontractor's Work and the work of others
from damage caused by the Subcontractor's operations. Should the Subcontractor
cause damage to the Work or property of the Owner. the Contractor or others. the
Subcontractor shall promptly remedy such damage to the satisfaction of the
Contractor, or the Contractor may so remedy and deduct the cost thereof from any
amounts due to or become due the Subcontractor. -
8.12 PERMITS. FEES AND LICENSES. The Subcontractor shall give adequate
notices to authorities pertaining to the Subcontractor's Work and secure and pay
for all permits fees. licenses. assessments, inspections and taxes necessary to
complete the Subcontractor's Work in accordance with the Contract Documents and
this Agreement.
8.13 SUBCONTRACTOR ASSIGNMENT OF WORK~ The Subcontractor shall not assign
the whole nor any part of the Subcontractor's Work without prior written
approval of the Contractor. The Contractor's approval shall not be unreasonably
withheld. Lower-tier subcontractors and suppliers previously approved by the
Contractor may be listed in Article 16.
8.14 NON-CONTRACTED SERVICES. The Subcontractor agrees. except as otherwise
provided in this Agreement. that no claim for non-contracted construction
services rendered or materials furnished shall be valid unless the Subcontractor
provides the Contractor notice:
(a) prior to furnishing of the services or materials. except in an
emergency affecting the safety of persons or property; (b) in writing of such
claim within three (3) days of furnishing such services or materials; and (c)
the written charge for such services or materials no later than the fifteenth
(15th) day of the calendar month following that in which the claim originated.
8.15 MATERIALS SAFETY. To the extent that pollutants. hazardous or toxic
substances, hazardous waste. asbestos. or PCB's. the Subcontractor shall comply
with all provisions of federal. state or local laws or regulations pertaining to
such materials.
ARTICLE 9
SUBCONTRACT PROVISIONS
9.1 LAYOUT Responsibility AND LEVELS. The Subcontractor shall lay out and
be strictly responsible for the accuracy of the Subcontractor's Work and for any
loss or damage to the Contractor or others by reason of the subcontractor's
failure to set out or perform its work correctly. The Subcontractor shall
exercise prudence so that the actual final finish surfaces. When the
subcontractor installs work which is on top of another trades work he shall
assure himself of the acceptability of that trades work.
9.2 WORICYIANSHIP. Every part of the Subcontractor's work shall be executed
in strict accordance with this Agreement and the Contract Documents in the most
sound. workmanlike. and substantial manner. All workmanship shall be of the best
of its several kinds, and all materials used in the Subcontractor's Work shall
be furnished in ample quantities to facilitate the proper and expeditious
execution of the work. and shall be new except such materials as may be
expressly provided in the Contract Documents to be otherwise.
9.3 MATERIALS FUR~NISHED BY OTHERS. In the event the scope of the
Subcontractor's Work includes installation of materials or equipment furnished
by others, it shall be the responsibility of the Subcontractor to examine the
items so provided thereupon handle. store and install the items with such skill
and care as to ensure a satisfactory and proper installation. Loss or damage due
to acts of the Subcontractor shall be deducted from any amounts due or become
due the Subcontractor.
9.4 SUBSTITUTIONS. \.'o substitutions shall be made in the Subcontractor's
Work unless permitted in the Contract Documents and only then upon the
Subcontractor first receiving all approvals required under the Contract
Documents for substitutions. The Subcontractor shall indemnify. the Contractor
as a result of such substitutions, whether or not the Subcontractor has obtained
approval thereof.
9.5 USE OF CONTRACTOR'S EQUIPMENT. The Subcontractor. its agents.
employees. subcontractors. or suppliers shall not use the Contractor's equipment
without express written permission of the Contractor's designated
representative.
If the Subcontractor or any of its agents, employees. suppliers or
lower-tier subcontractors utilize any machinery, equipment. tools. scaffolding,
hoists. lifts or similar items owned. leased or under the control of the
Contractor. the Subcontractor shall defend. indemnify and be liable to the
Contractor as provided in Article 12 for any loss or damage (including personal
injury or death) which may arise from such use.
9.6 CONTRACT BOND REVIEW. The Contractors Payment Bond for the Project. if
any, may be reviewed and copied by the Subcontractor.
9.7 PRIVITY. Until final completion of the Project the Subcontractor agrees
not to perform any work directly for the Owner or any tenants thereof, or deal
directly with the Owner's representatives in connection with the Project. unless
otherwise directed in writing by the Contractor. All Work for this Project
performed by the Subcontractor the Subcontractor shall be processed and handled
exclusively by the Contractor.
9.8 SUBCONTRACT BOND. If a Performance or Payment Bond is not required of
the Subcontractor under Article 16. then within the duration of this Agreement,
the Contractor may require such bonds before work is started and the
Subcontractor shall provide the same. Said bonds shall be in the full amount of
this Agreement in a form and by a surety satisfactory to the Contractor. The
Subcontractor shall be reimbursed for cost for same when such cost is paid by
the Owner.
In the event the Subcontractor shall fail to provide promptly such
requested bones. the Contractor may terminate this Agreement i5 accordance with
Paragraph 10.1 of this Agreement.
9.9 WARRANTY. The Subcontractor warrants its work against all deficiencies
and defects in materials and/or workmanship and as called for in the Contract
Documents. The Subcontractor agrees to satisfy such warranty obligations which
appear within the warranty period established in the Contract Documents without
cost to the Owner or the Contractor. If no warranty is required of the
Contractor in the Contract Documents. then the Subcontractor shall warrant its
work as described above for the period or' one year form the date of acceptance
of the Subcontractor's Work. The Subcontractor further agrees to execute prior
to final payment any special warranties that shall be required for the
Subcontractor's Work.
ARTICLE 10
RECOURSE BY CONTRACTOR
10.1 FAILURE OF PERFORMANCE.
10.1.1 NOTICE TO CURE. if the Subcontractor refuses or fails to supply
enough properly skilled workers, proper materials, or maintain the Schedule of
Work. or it fails to make prompt payment for its workers. lower-tier
subcontractors or suppliers. disregards laws. ordinances. rules. regulations. or
orders or public authority having jurisdiction. or otherwise fails to comply
with any provision of this Agreement, the Subcontractor may be deemed in default
of this Agreement upon written notice from the Contractor. If the Subcontractor
fails within three (3) working days after written notification to commence and
continue satisfactory correction of such default with diligence an promptness.
then the Contractor without prejudice to any rights or remedies, shall have the
right to any or all of the following remedies:
(a) supply such number of workers and quantity of materials. equipment and
other facilities as the Contractor deems necessary for the completion of the
Subcontractor's Work or any part thereof which the Subcontractor has failed to
complete or perform after the aforesaid notice; and charge the cost thereof to
the Subcontractor who shall be liable for the payment of same including
reasonable overhead. profit and attorney's fees: (b) contract with one or more
additional contractors to perform such part of the Subcontractor's Work as the
Contractor shall determine will provide the most expeditious completion of the
total Work and charge the cost thereof the Subcontractor: (c) withhold payment
of any money's due the Subcontractor pending corrective action in amounts
sufficient to cover losses and compel performance to the extend required by and
to the satisfaction of the Contractor: and (d) in the event of an emergency
affecting the safety of persons or property. the Contractor may proceed as above
without notice.
10.1.2 TERMINATION BY CONTRACTO~ If the Subcontractor fails to commence and
satisfactorily continue correction of a default within three (3) working days
after written notification issued under Subparagraph 10 1.1. then the Contractor
may, in lieu of or in additions to Subparagraph 10.1.1, issue a second written
notification, to the Subcontractor arid its surety, if any, terminating this
Agreement. Upon termination. the Contractor shall. without limitation. have the
following rights and remedies:
(a) The Contractor may take and use any materials, implements, equipment,
appliances or tools furnished by or belonging to the Subcontractor and located
at the Project.
(b) The Contractor may also furnish those materials. equipment and/or
employ such workers or subcontractors as the Contractor deemed necessary to
maintain the orderly progress of the Work.
(c) All costs incurred by the Contractor in performing the Subcontractor's
Work, including reasonable overhead. profit and attorney's fees, shall be
deducted from any moneys due or become due the Subcontractor. The Subcontractor
shall be liable for the payment of any amount by which such expenses may exceed
the unpaid balance of the Contract Price.
10.2 TERMINATION FOR CONVENIENCE. The Contractor shall have the right at
any time by written notice to the Subcontractor, to terminate this Agreement and
require the Subcontractor to cease work hereunder; in which case, provided the
Subcontractor be not then in default. the Contractor shall pay the Subcontractor
the reasonable cost of the Subcontractor's Work plus a reasonable profit thereon
as performed to the date of such termination arid the Subcontractor shall
furnish all records and documents in order for the Contractor to determine the
costs of the
work. The Subcontractor shall furnish all records and documents in order for the
Contractor to determine the costs of the work. The Subcontractor shall not be
entitled to anticipated profits on work unperformed or on materials or equipment
unfurnished.
10.3 BANKRUPTCY
10.3.1 TERMINATE ABSENT CURE. If Subcontractor files a petition under the
Bankruptcy Code. this Agreement shall terminate if the Subcontractor or the
Subcontractor's trustee rejects the Agreement or, if there has been a default.
the Subcontractor is unable to give adequate assurance that the Subcontractor
will perform as required by this Agreement or otherwise is unable to comply with
the requirements for assuming this Agreement under the applicable provisions of
the Bankruptcy Code.
10.3.2 INTERMEDARIES. If the Subcontractor is not performing in accordance
with the Schedule of Work at the time a petition in bankruptcy is filed, or at
any subsequent time. the Contractor. while awaiting the decision of the
Subcontractor or its Trustee to reject or to assume this Agreement and provide
adequate assurance of its ability to perform hereunder, may avail itself of such
remedies under this Article as are reasonably necessary to maintain the Schedule
of Work. The Contractor may offset against any sums due or become due the
Subcontractor all costs incurred in pursuing any of the remedies provided
hereunder. including, but not limited to. reasonable overhead. profit. and
attorney's fees. The Subcontractor shall be liable for the payment of any amount
by which such expense may exceed the unpaid balance of the Contract Price.
10.4 SUSPENSION BY OWNER, Should the Owner suspend its contract with the
Contractor or any part which includes the Subcontractor's Work. the Contractor
shall so notify the Subcontractor in writing and upon written notification the
Subcontractor shall immediately suspend the Subcontractor's Work. In the event
of such Owner suspension. the Contractor's liability to the Subcontractor is
limited to the extent of the Contractor's recovery on the Subcontractor's behalf
under the Contract Documents. The Contractor agrees to permit the Subcontractor,
at the Subcontractor's expense. to prosecute a claim in the name of the
Contractor for the use and benefit of the Subcontractor in the manner provided
in the Contract Documents for like claims by the Contractor upon the Owner.
10.5 TER,MINATION BY OWNER. Should the Owner terminate its contract with
the Contractor or any part which includes the Subcontractor's Work, the
Contractor shall so notify the Subcontractor in writing and upon notification.
this Agreement shall be terminated and the Subcontractor shall immediately stop
the Subcontractor's Work. follow all of the Contractor's instructions. and
mitigate all costs. In the event of such Owner termination, the Contractor's
liability to the Subcontractor is limited to the extent to the Contractor's
recovery on the Subcontractor's behalf under the Contract Documents. The
Contractor agrees to permit the Subcontractor. at the Subcontractor's expense.
to prosecute a claim in the name of the Contractor for the use and benefit of
the Subcontractor in the manner provided in the Contract Documents for like
claims by the Contractor upon the Owner.
10.6 ASSIGNMENT OF SUBCONTRACT. The Contractor may assign this Subcontract
at any time. Subcontractor hereby consents to such assignment and agrees to be
bound to the assignee by the terms of this Subcontract.
1O.7 SUSPENSION BY CONTRACTOIL The Contractor may order the Subcontractor
in writing to suspend. delay, or interrupt all or any part of the
Subcontractor's Work for such period of time as may be determined to be
appropriate for the convenience of the Contractor. Phased or interrupted Work
when required or scheduled shall not be deemed a suspension of Work. The
Subcontractors shall notify the Contractor in writing within ten (10) working
days after receipt of the Contractor's order of the effect of such order upon
the Subcontractor's Work. To the extent allowed the Contractor under the
Contract Documents, the Contract Price or contract time shall be adjusted by
Subcontract Change Order for any increase in the time of cost of performance of
this Agreement caused by such suspension. delay or interruption. No claim under
this Article shall be allowed for any cost incurred more than ten (10) working
days prior to the Subcontractor's notice to Contractor. Neither the Contract
Price nor the contract time shall be adjusted under this Article for any
suspension, delay or interruption to the extent that performance would have been
so suspended, delayed, or interrupted by the fault or negligence of the
Subcontractor or by a cause for which Subcontractor would have been responsible.
The Contract Price shall not be adjusted under this Article for any suspension.
delay or interruption to the extent that performance would have been suspended.
delayed or interrupted by a cause for which
the Subcontractor would have been entitled only to a time extension under this
Agreement.
10.8 WRONGFUL EXERCISE. If the Contractor wrongfully exercises any option
under this Article. the Contractor shall be liable to the Subcontractor solely
for the reasonable value of work performed by the Subcontractor prior to the
Contractor's wrongful action. including reasonable overhead and profit on the
Work performed less prior payments made.
ARTICLE 11
LABOR RELATIONS
11.1 LABOR HARMONY. Subcontractor must work in harmony with other trades
and other contractors and subcontractors on site. Subcontractor's labor disputes
must not interfere with the purpose of the work and must be resolved promptly.
if labor disputes involving the Subcontractor adversely impact the project, the
Contractor may take corrective action under the provisions of Article 10.
ARTICLE 12
INDEMNIFICATION
12.1 SUBCONTRACTOR'S PERFOR~VIANCE. To the fullest extent permitted .by
law, the Subcontractor shall defend. indemnify and hold harmless. the Contractor
(including the affiliates. parents and subsidiaries. their agents and employees
and other contractors and subcontractors and all of their agents and employees
and. when required of the Contractor by the Contract Documents, the Owner, the
Architect. Architect's consultants, agents and employees from and against all
claims, damages, loss and expenses. including but not limited to attorneys fees.
arising out of our resulting from the performance of the Subcontract provided
that:
(a) any such claim. damage, loss or expense is attributable to bodily
injury, sickness, disease, or death, or to injury to or destruction of tangible
property (other than the Sub-contractor's Work itself) including the loss of use
resulting therefrom, to the extent caused or alleged to be caused in whole or
part in any negligent act or omission of the Subcontractor or anyone directly or
indirectly employed by the Subcontractor or for anyone for whose acts the
Subcontractor may be liable, regardless of whether it is caused in part by a
party indemnified hereunder:
(b) such obligation shall not be construed to negate. or abridge. or
otherwise reduce any other right or obligation or indemnity which would
otherwise exist as to any parry of person described in this Article 12.
12.2 NO LIMITATION UPON LIABILITY. In any and all claims against the Owner.
the Architect Architects consultants. agents and employees. the Contractor
(including its affiliates, parents and subsidiaries) and other contractors or
subcontractors, or any of their agents or employees. by any employee of the
Subcontractor. anyone directly or indirectly employed by the Subcontractor or
anyone for whose acts the Subcontractor may be liable. the indemnification
obligation under this Article 12 shall not be limited in any way be any
limitation on the amount or type of damages, compensation or benefits payable by
or for the Subcontractor under worker's or xxxxxxx'x compensation acts,
disability benefit acts or other employee benefit acts.
12.3 COMPLIANCE WITH LAWS. The Subcontractor agrees to be bound by, and at
its own cost comply with all federal, state and local laws, ordinances and
regulations (hereinafter collectively referred to as "laws") applicable to the
Subcontractor's Work including, but not limited to. equal employment
opportunity, minority business enterprise. women's business enterprise, safety
and all other laws with which the Contractor must comply according to the
Contract Documents. The Subcontractor shall be liable to the Contractor and the
Owner for all loss. cost and expense attributable to any acts of commission or
omission by the Subcontractor. its employees and agents resulting from the
failure to comply therewith, including, but not limited to, any fines, penalties
or corrective measures.
12.4 PATENTS. Except as otherwise provided by the Contract Documents. the
Subcontractor shall pay all royalties and license fees which may be due on the
inclusion of any patented materials in the Subcontractor's Work. The
Subcontractor shall defend all suits for claims for infringement of any patent
rights arising out of the Subcontractor's Work. which may be brought against the
Contractor or Owner, and shall be liable to the Contractor and Owner for all
loss. including all costs, expenses, and attorney's fees.
l2.5 PAYROLL AND MISCELLANEOUS TAXES. Subcontractor hereby accepts and
assumes full and exclusive liability for the payment of all state and municipal
sales and materials taxes and contributions. taxes or premiums which may be
payable or required under all applicable laws including
but without limitation the State Unemployment Insurance Act. Federal Social
Security Act. and any applicable unemployment 'insurance. compensation or
reserve law, as to all employees engaged in the performance of the Work. The
Subcontractor further agrees to sign an agreement in form and content as may be
provided in regulations promulgated by the State or other authority having
jurisdiction acting under or pursuant to applicable law and/or regulations.
including' but not limited to the furnishing of such assurance by bond.
guaranty, financial statement or other instrument as may be prescribed and
required under such regulations. in order to effectively vest in the
Subcontractor. and relieve the Contractor. from liability for contributions owed
by reason of wages paid to employees of the Subcontractor. Subcontractor shall
comply with the rules and regulations which may be issued by the Commissioner of
Internal Revenue. Secretary of the Treasury, or their designee. for the
enforcement of the Federal Social Security Act as to employees engaged in the
performance of the Work and the Subcontractor shall indemnify and hold harmless
the Contractor against any claim or demand or liability regardless of what
taxing authority or other parry asserts that Subcontractor has failed to make
the subject contribution) for contributions or taxes owed by reason of wages
paid to employees of the Subcontractor engaged in the performance of the Work.
ARTICLE 13
INSURANCE
13.1 SUBCONTRACTOR'S INSURANCE. Prior to start of the Subcontractor's Work.
the Subcontractor shall procure for the Subcontractor's Work and maintain in
force Worker's Compensation Insurance. Employer's Liability Insurance on an
occurrence basis. and all insurance required of the Contractor under the
Contract Document. The Contractor. Owner and other parties as designated in the
Contract Documents shall be named as additional insured on each of these
policies except for Worker's Compensation. This insurance shall include
contractual liability insurance covering the Subcontractor's obligations under
Article 12.
13.2 LMINIMUM LIMITS OF LIABILITY. The Subcontractor's Comprehensive or
Commercial Liability Insurance and Comprehensive Automobile Liability Insurance.
as required by Paragraph 13.1, shall be written with limits of liability as
shown on attached Rider B.
13.3 NUMBER OF POLICIES. Comprehensive or Commercial General Liability
Insurance and other liability insurance may be arranged under a single policy
for the full limits required or by a combination of underlying policies with the
balance provided by an Excess or Umbrella Liability Policy',
13.4 CANCELLATION. RENEWAL OR MODIFICATION. The Subcontractor shall
maintain in effect all insurance coverage required under this Agreement at the
Subcontractor's sole expense and with insurance companies acceptable to the
Contractor. All insurance policies shall contain a provision that the coverages
afforded thereunder shall not be cancelled or not reduced. nor restrictive
modifications added. until at least thirty ~30) days prior written notice has
been given to the Contractor unless otherwise specifically required in the
Contract Documents. Certificates of Insurance. or certified copies of policies
acceptable to the Contractor. shall be filed with the Contractor prior to the
commencement of the Subcontractor's Work. In the event the Subcontractor fails
to obtain or maintain any insurance coverage required under this Agreement, the
Contractor may purchase such coverage and charge the expense thereof to the
Subcontractor, or terminate this Agreement. The Subcontractor shall continue to
carry completed operations liability insurance for at least two years after
final payment. The Subcontractor shall fourths the Contractor evidence of such
insurance at final payment and one year thereafter.
13.5 BUILDER'S RISK INSURANCE. Upon written request of the Subcontractor.
the Contractor shall provide the Subcontractor with a copy of the Builder's Risk
policy of insurance or any other equipment insurance in force for the Project
and procured by the Contractor. The Subcontractor shall satisfy itself prior to
commencement of the Subcontractor's Work. If the Owner or Contractor have not
purchased Builder's Risk insurance for the full insurable value of the
Subcontractor's Work less a reasonable deductible, then the Subcontractor may
procure such insurance as will protect the interests of the Subcontractor, its
subcontractors and their subcontractors in the Work, and, by appropriate Change
Order. the cost of such additional insurance shall be reimbursed to the
Subcontractor.
If not covered under the Builder's Risk policy of insurance or any other
property or equipment insurance required by the Contract Documents. the
Subcontractor shall procure and maintain at the Subcontractor's own expense.
property and equipment
insurance for portions of the Subcontractor's Work stored off the site or
in transit. when such portions of the Subcontractor's Work are to be included in
an application under Article 5.
13.6 ENDORSEMENT. If the policies of insurance referred to in this Article
require an endorsement to provide for continued coverage where there 5 a waver
of subrogation. the owners of such policies will cause them to be so endorsed.
ARTICLE 14
ARBITRATION
14.1 AGREEMENT TO ARBITRATE. All claims. disputes. and matters in question
arising out of. or relating to, this Agreement or the breach thereof. except for
claims which have been waived by the making or acceptance of final payment and
except for the claims described in Paragraphs 14 2 and 14.3, shall be decided by
arbitration in accordance with the Construction Industry Arbitration Rules of
the American arbitration Association then in effect unless the parties mutually
agree otherwise. Notwithstanding other provisions in the Agreement. this
agreement to arbitrate shall be governed by the Federal Arbitration Act.
14.2 OWNER RELATED CLAIMS. If the Subcontractor's demand for arbitration,
Is related, in whole or in part. to any claim between the Owner and the
Contractor. then the Subcontractor's claim shall not be the subject of a
separate arbitration proceeding. Instead the Subcontractor shall. at its own
expense. present such claim to the forum in which the Owner and the Contractor
are proceeding on such claim; and the Subcontractor shall be conclusively bound
by the decision of that forum which respect to the Subcontractor's claim.
14.3 EXCEPTIONS. The agreement to arbitrate shall not apply to any claim of
contribution or indemnity asserted by one party to this Agreement against the
other parry and arising out of an action brought in a state or federal court or
in arbitration by a person who is under no obligation to arbitrate the subject
matter of such action with either of the parties hereto or does not consent to
such arbitration; or the Subcontractor's claim is related. in whole or in part,
to any claim between the Owner and the Contractor.
14.4 APPL1CABILITY OF ARBITRATION. In any dispute arising over the
application of this Article. the question of arbitrability shall be decided by
the appropriate court and not by arbitration.
14.5 NOTICE OF DEMAND. Notice of the demand for arbitration shall be tiled
in writing with the other party to this Agreement and with the American
Arbitration Association. The demand for arbitration shall be made as required in
the Contract Documents or within a reasonable time after written notice of the
claim. dispute or other matter in question would be barred by the applicable
statute of limitation. whichever shall first occur. The location of the
arbitration proceedings shall be the location of the Contractor's principal
place of business.
14.6 AWARD. The award rendered by the arbitrator(s) shall be final and
judgment may be entered upon it in accordance with applicable law in any court
having jurisdiction.
14.7 WORK CONTINUATION AND PAYMENT. Unless otherwise agreed in writing, the
Subcontractor shall carry on the Work and maintain the Schedule of Work pending
arbitration. !f the Subcontractor is continuing to perform, the contractor shall
continue to make payments in accordance with this Agreement.
14.8 NO LIMITATION RIGHTS OR REMEDIES. Nothing in this Article shall limit
any rights or remedies not expressly waived by the Subcontractor which the
Subcontractor may have under lien laws or payment bonds.
14.9 SAME ARBITRATIONS. To the extent not prohibited by their contracts
with others. the claims and disputes of the Owner. Contractor. Subcontractor and
other subcontractors involving a common question of fact or law shall be heard
by the same arbitrator(s) in a single proceeding.
ARTICLE 15
CONTRACT INTERPRETATION
15.1 LAW AND EFFECT. This Agreement shall be governed by the laws of the
State in which the Project is located.
15.2 SEVERABILITY AND WAIVEIL The partial or complete invalidity of any one
or more provisions of this Agreement shall not affect the validity or continuing
once and effect of any other provision. The failure of either party hereto to
insist, in any one or more instances, upon the performance of any of the terms,
covenants or conditions of this Agreement or to exercise any right herein. shall
not be
construed as a waiver or relinquishment of such term. covenant. condition
or right as respects further performance.
15.3 TITLES. The titles given to the Articles of this Agreement are for
ease of reference only and shall not be relied upon or cited for any other
purpose.
15.4 ENTIRE AGREEMENT. This Agreement is solely for the benefit of the
signatories hereto and represents the entire and integrated agreement between
the parties hereto and supersedes all prior negotiations, representations. or
agreements. either written or oral.
ARTICLE 16
SPECIAL PROVISIONS
16.1 PRECEDENCE. It is understood the work to be performed under this
Agreement including the terms and conditions thereof. is as described in
Articles I through 16 together with all attached Riders.
16.2 SCOPE OF WORK. The Subcontractor shall perform all work necessary or
incidental to complete the Work as described in Article I for the Project in
strict accordance with this Agreement, the Contract Documents. and as more
particularly set forth in Rider A 'Scope of Work".
16.3 OTHER SPECIAL PROViSi6NS. (Insert here any special provisions required
by this Agreement.)
16.4 CONTRACT DOCUMENTS. The Contract Documents shall consist of the
following documents: (List applicable Contract Drawings including
specifications. drawings, addenda modifications. and exercised alternates.
Identify with general description. sheet numbers. and latest date including
revisions.)
RIDER B INSURANCE REQUIREMENTS MINIMUM LIMITS OF LIABILITY.
RIDER C CAPITAL IMPROVEMENT/OR TAX EXEMPT CERTIFICATES.
RIDER D- DRAWINGS AND SPECIFICATIONS.
RIDER E - XXXXXXXXX & HARDINGS, INC. SPECIAL PROVISIONS
RIDER F - SCHEDULE
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
000-000 X. 00xx XXXXXX
XXX XXXX, XXX XXXX
RIDER 'A'
#05100 STRUCTI~~L STEEL & METAL DECK WORK
Provide all labor, materials, equipment, engineering and supervision to perform
Structural Steel & Metal Deck Work to include, but not limited to production,
fabrication, delivery and erection of structural steel and metal decking
assemblies in accordance with the following specification sections:
DIVISION 1 - GENERAL REQUIREMENTS - ALL SECTIONS
STRUCTURAL DRAWN1G BOOK P4560400
SPECIFICATION SECTION 05100 STRUCTURAL STEEL
SPECIFICATION SECTION 05300 METAL DECK AND STUD SHEAR CONNECTORS
and all related design documents shown in Rider 'D' of this agreement as
prepared by Pei, Cobb, Freed & Partners.
The following work is also to be included in the Structural Steel & Metal
Decking:
A. GENERAL:
1. Labor Harmony Subcontractor shall ensure labor harmony during the course of
it work.
2. Temporary Structures and Field Offices: The Subcontractor shall construct
and maintain, in locations approved by the General Contractor, temporary
structures, offices, material sheds, storage sheds, or other similar
enclosed structures required for the performance of its work.
Subcontractor shall construct or place temporary structures on, or secured
to adequate foundation material. Provide connections to utility services
(telephone I fax, electric, etc.) at its own cost with the Electrical
Subcontractor. (Use of construction Managers equipment and services is not
permitted.) Subcontractor shall provide OSHA compliant steps and landings
at entrance doors as required.
3. Noise Controls: The Subcontractor shall ensure that the work will be
executed in a careflil and orderly manner; with the least possible noise
or disturbance to the occupants of adjacent buildings, properties, or to
the public. Subcontractor shall ensure that gasoline and diesel fuel
operated equipment or vehicles shall be equipped with proper mufflers and
insulators so that noise will be reduced to a minimum. Subcontractor shall
ensure that pneumatic equipment shall be of a type and size, suitable for
condition of use,
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
0x0-000 X. 00xx XXXXXX
XXX XXXX, XXX XXXX
RIDER 'A'
#05100 STRUCTU~AL STEEL & METAL DECK WORK
selected for maximum noise control. Subcontractor shall utilize every
reasonable means to minimize vibration and noise. Blasting or similar
operations will not be allowed. No construction activity exceeding 75 dba
decibels as measured at the project property line shall be allowed to start
before 8:00 X.XX. or extended beyond 6:00 P~M.
4. Pest and Rodent Control: Subcontractor to perform pest and rodent
controlling activities as necessary, within its work and storage area(s)
to maintain site free of infestation during the work. These activities
must be approved by General Contractor.
5. Security: Subcontractor to secure and protect its working & storage areas,
equipment and office(s) during the course of its work.
6. Pollution Control & Cleaning: The Subcontractor shall not, in connection
with the work, discharge smoke, dust, or other contaminants into the
atmosphere or discharge any fluids or materials into any lake, river,
stream, or channel as will violate regulations of the Department of
Buildings. Control accumulated waste materials and rubbish from its work
and dispose in containers provided by the General Contractor. Burning of
materials is not permitted.
7. Maintenance: Subcontractor to provide periodic maintenance and cleaning
for its temporary facilities and equipment. The Subcontractor shall
maintain its protection in proper and safe condition and in accordance
with all applicable life & health safety codes. The Subcontractor shall
maintain access to its work and storage areas without blocking access of
subsequent trades.
8. Removal: Subcontractor to completely remove all of its temporary
facilities. Subcontractor shall clean and repair damage caused by
installation or by use of its temporary facilities. Subcontractor to
restore existing facilities and utilities used for its temporary purposes
and scheduled to remain to original condition.
9. Temporary Power: Subcontractor to provide its own power (i.e. generator) and
to include all associated standby trades for its own operations.
10. Existing Bench Xxxx Survey: Subcontractor will be provided with a bench
xxxx survey with major axis lines and elevations. All required engineering
layout from this information necessary to perform the work is by this
Subcontractor. This Subcontractor is to
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
000-000 X. 00xx XXXXXX
XXX XXXX, XXX XXXX
RIDER 'A'
05l00 STRUCTURAL STEEL & 'METAL DECK WORK
deliver to the General Contractor an anchor bolt survey prepared by a
licensed surveyor and which shows the true position of each anchor bolt as
well as the bolt pattern required by the steel fabricator. This survey must
be delivered at least direct days prior to steel erection.
11. As-Built Survey: Subcontractor is to provide a complete engineers survey
upon completion of its work, from an approved licensed surveyor.
12. Maintaining Access to Site: The Subcontractor shall maintain adequate
provisions to facilitate access and mobility of fire apparatus, and other
emergency and / or service vehicles, equipment and personnel to the site.
13. Street Openings: The Subcontractor shall not make any street or sidewalk
openings / cuts that deviate from the Contract Documents for any reason.
14. Barriers: Furnish, install and maintain OSHA compliant barriers, as well
as barriers required to prevent public entry, to provide traffic control,
to protect the work, existing facilities, streets, trees, paths rock work,
gates, etc., from construction operations.
15. OSHA Requirements: Subcontractor to provide all labor and material for
site protection as required by local, state and OSHA rules and regulations
for any and all hazards created as a result of the work of this contract.
16. Streets: Do not close or obstruct streets, walks or other occupied or used
facilities without permission from the Department of Highways. If
permission is granted by the General Contractor, provide alternate routes
around closed or obstructed traffic ways as required by regulations.
17. Access to Work: Maintain access to site. During wet periods, the
Subcontractor shall provide site / soil stabilization where necessary to
allow for its construction equipment.
18. Dust Control: Subcontractor shall control dust at site by moistening
surfaces and / or providing other acceptable forms of dust control to
prevent dust being a nuisance. Sweep streets in the vicinity of site
entrances and exits daily, to alleviate dust and mud in the streets.
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
335-337E. 00xx XXXXXX
XXX XXXX, XXX XXXX
RIDER 'A'
#05100 STRUCTURAL STEEL & METAL DECK WORK
19. Coordination: Subcontractor shall provide all required engineering and
coordination for its work and other associated trades. It will be the
responsibility of this contract to produce coordinated layout drawings for
interface with all other related trades. As-Built conditions will be
incorporated in the same manner.
20. Existing Utilities & Structures: Subcontractor is responsible for
protecting, existing or new utilities, walls and trees. Subcontractor is
responsible for all the repair of any damage to existing utilities, walls and
trees resulting from its work.
21. Snow & Ice Removal: Subcontractor shall provide snow and ice removal
for site access for its employees
22. Cleaning: Subcontractor is responsible for all clean up of all rubbish,
generated by its workers so as to maintain a safe and clean site. General
Contractor will review the site conditions daily and notify Subcontractor of any
deficiencies.
23. Schedule of Values: Subcontractor's contract price shall be broken down
in manner acceptable to the General Contractor.
24. Adjacent Property: It is understood by this Subcontractor that the
adjacent property is not available for the storage of any material and or
equipment.
25. Master Mechanic: Subcontractor understands that the pro-rata share of
the cost of a Master Mechanic, if required, is included in the cost of this
contract. ---------------
26. Performance & Payment Bond: Subcontractors Price includes ~ costs
associated with a Performance and Payment Bond.
27. Shop Drawings: Subcontractors price includes the submission of three
(3) reproducible sepias and five (5) blue line prints. -------------
28. Privacy of the Owner: The Subcontractor acknowledges and understands
that the project is intended to house the Ambassador of the Permanent Mission of
the Government of the Republic of Korea to the United Nations. and that
therefore the utmost care must be utilized to keep all of the plans,
specifications, and drawings for the project as well as floor layouts and uses,
strictly confidential. The Subcontractor shall not divulge information
concerning the Owner of the project to anyone (except for information concerning
the project required
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
000-000 X. 00xx XXXXXX
XXX XXXXx XXX XXXX
RIDER 'A'
#05100 STRUCTURAL STEEL & METAL DECK WORK
for applications for permits, and except to the Architect's consultants.
the Contractor, and others performing work on a need to know basis),
without the Owner's prior written consent. The Subcontractor shall obtain
similar agreements from all of its Subcontractors and Subconsultants. The
Owner reserves the right to release all information as well as to time its
release, from or content. Notwithstanding, the foregoing, this provision
shall not apply to information that is in the public domain. The provisions
of this article shall survive the expiration or termination of this
agreement.
B. STRUCTURAL STEEL -05100:
1. Subcontractors work includes all permits for its steel erection.
2. Subcontractors work includes the coordinating and furnishing of the
following items to the foundation and superstructure concrete subcontractors:
base, bearing & leveling plates, wall plates and anchor bolts and all embeded
structural items.
3. Subcontractors work includes the furnishing and installation of the
following items: beams, columns, girders, bracing, trusses, elevator separator,
hoist beams, sill angles, posts, struts and hangers support brackets, seat
angles, metal deck supports, lintels attached to structural steel, and
associated connections.
4. Subcontractors work includes galvanizing, shop priming and field touch
up as specified.
5. Subcontractors work includes a pre-installation anchor~bolt survey.
6. Subcontractors work includes four (4) anchor bolts and enlarged base
plates at the cellar level.
7. Subcontractors work includes the furnishing and installation of exposed
structural steel and two (2) coat paint finish @ top of building.
8. Subcontractors work includes the splicing, plumbing and leveling of the
cellar and 1st floor structural members as may be required to allow for the
installation of the 1st floor supported slab.
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
000-000 X. 00xx XXXXXX
XXX XXXX, XXX XXXX
RIDER 'A'
#05 OC STRUCTURAL STEEL & METAL DECK WORK
9. Subcontractor shall furnish and install OSHA double cable ~ 60" and 42"
at building perimeter.
10.Subcontractor shall furnish and install metal angles and single cable at
all interior deck openings. Subcontractor shall also provide metal decking or
plank to cover deck openings.
11.Subcontractors work includes fire watch as required.
12.Subcontractor shall supply all welding and burning certifications as
required.
13. Subcontractors work includes the supplying of mill certificates in a
timely fashion.
14. Subcontractor shall provide impending loads to be exerted on first
floor slab, for design and shoring installation bt others required for crane
installation and use.
C. METAL DECKING AIND STUD SHEAR CONNECTIONS -05300:
1. Subcontractors work includes all permits for metal deck assembly
placement.
2. Subcontractors work includes the following: Non-cellular metal decking,
flashing saddles, sumps, closure members, cover plates, metal screed ~ building
perimeter & openings, metal flashing and closure plates around all columns and
penetrations, hanger tabs, cutting and forming of holes an openings to support
temporary and permanate construction, miscellaneous supports and shoring framing
as shown on the contract documents.
3. Subcontractors work includes all field touch up as specified.
4. Subcontractors work includes shear stud ferrule removal.
D. USE OF ERECTION EQUIPMENT BY OTHER TRADES:
1. Subcontractors price includes 1/2 hour picks for the following trades
on regular time:
Plumbing - 2 Lifts
Electrical - 4 Lifts
Mechanical - 6 Lifts
Misc. Metals 5 Lifts
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
000-000 X. 00xx XXXXXX
XXX XXXX, XXX XXXX
RIDER 'A'
#05100 STRUCTUR~L STEEL & METAL DECK WORK
2. At die end of subcontractors erection period, subcontractor shall turn
over the crane to the exterior wall erector. Exterior wall erector shall
be responsible for rental and crane removal at the completion of their
work.
E. SCHEDULE/LOGISTICS:
1. The project completion date for Structural Steel & Metal Deck Work is
June 15, 1997. Subcontractor shall perform all submittals, fabrication and
installation of the work to meet the time requirements for the work as defined
by the project schedule completion date as outlined. The project schedule shown
in Rider 'F' of this agreement is to serve as a guideline for meeting the stated
end date. Any and all required refinements to this schedule, as a result of
detailed Subcontractor information, shall not entitle this Subcontractor to
additional monies for the work.
a) Subcontractor agrees to commence die submittal process immediately after
award of this contract, and Notice of Award I Letter of Intent of this contract.
b) Subcontractor will mobilize, order material and continue required
operations no later than one (1) week after Notice of Award I Letter of Intent.
c) Subcontractors work shall include two (2) mobilizations for structural
steel:
1.Approx. March 15, 1997, erect cellar & 1st floor steel, plumb & level) as
required for the installation of the 1st floor supported slab.
2.Approx. May 1, 1997, erect 2nd floor through completion of structural
steel.
d) Subcontractor shall complete metal deck work by March 15, 1996.
2. It is understood that the subcontractor cannot close 00xx Xxxxxx for
steel erection. Therefore subcontractors equipment and counter weight must be
contained within the 40'-0" envelope from the building to the outside dimension
of the 8'-0" parking lane. Subcontractors price shall include either of three
(3) erection methods: I.Crawling tower crane and associated cribbing & shoring.
2.Cherry picker & xxx xxxxxxx. 3.Cherry picker & 140 ton Link-Belt truck crane.
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
335-33~, E. 45th STREET
NEW YORK, NEW YORK
RIDER 'A'
#05100 STRUCTURAL STEEL & METAL DECK WORK
F. EXCLUSIONS:
1. Sales Tax.
2. Field & mill testing & inspections. (By General Contractor)
3. Cutting & patching of concrete. ~y Superstructure Concrete
Subcontractor)
4. Setting or grouting of base & leveling plates and anchor bolts. (13y
Superstructure Concrete Subcontractor)
5. Loose lintels.(By Miscellaneoud Iron Subcontractor)
6. Superstructure Concrete shoring design & installation. (13y
Superstructure Concrete Subcontractor)
G. UNIT PRICE LIST:
The following unit prices will be used at the sole direction of the general
contractor, and are for additions and deletions to the Subcontract Scope. These
prices are inclusive of all labor, materials, waste, transportation, tools,
equipment, overhead, administrative costs and profit. The unit prices are in
effect for the life of the project.
DESCRIPTION: UNIT ADDITION DELETION
Structural Steel:
A36 & Assemblies S/LBS 1.20/lb .90/lb
ASO & Assemblies S/LBS 1.40/lb 1.15/lb
Metal Deck:
20 gague, 2" & Shear Studs S/SF 4.00/sf 3.00/lb
Shear Studs S/EA 4.00/ea 3.00/lb
Labor Units:
The following labor rates are listed by craft and classification and are to
include base wages, benefits, taxes, insurance, payroll costs, overhead and
profit.
Craft Classification Straight Time
Hourly Rate Overtime Hourly Rate
Operator 15 Oiler $85/hr
Operator 14 Journeyman $105/hr
Local 40 Xxxxxxx $110/hr
journeyman $108/hr
Apprentice $100/hr
Welder $123/hr
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
000-000 X. 00xx XXXXXX
XXX XXXX, XXX XXXX
RIDER 'A'
#05100 STRUCTURAL STEEL & METAL DECK WORK
Craft Classification
Straight Time Overtime
Hourly Rate Hourly Rate
Drafts Person $60/xx
Xxxxx $200/hr
- END OF RIDER "A" -
PERMANENT MISSION
TO THE REPUBLIC OF KOREA
335-337 E. 45th STREET
NEW YORK. NEW YORK
RIDER 'B'
INSURANCE REQUIREMENTS
The subcontractor will be required to execute H&H standard subcontract from
which is available for review in H&H main and job site offices which contains a
Broad Form Hold Harmless Clause. The Subcontract Form requires the Subcontractor
to carry the following insurances.
a.Worker's compensation insurance as required by State Law for all persons
employed in connection with the construction.
b.Contractor S Public Liability Insurance including Contractual Liability
Insurance against the liability assumed in the Broad Form Hold Harmless Clause.
including the Contractor S Protective Liability Insurance if the subcontractor
sublets to another all or any portion of the work with the following minimum
limits:
Comprehensive General Liability
a. Bodily Injury $2.000.000 Per Accident
b. Property Damage $1,000.000 Per Accident
c.Automobile Liability Insurance covering all owned and hired automobiles
used in connection with the work with die following limits:
a. Bodily; Injury and Property Damage
(Combined Single Limit) $3.000.000 Per Accident
Excess (Umbrella) Liability $5.000.000 Per Accident
d. Each policy of Required Subcontractor Insurance shall contain an
agreement by the insurer that such policy shall not be concealed or amended. or
any coverage reduced. without at least thirty (~0) days prior written notice by
registered mail to H&H/: and endorsement designating Xxxxxxxxx & Xxxxxxx Inc.
The Republic of Korea Xxx Xxxx Freed & Partners. The Xxxx Company. Xxxxxx X.
Xxxxxxxxx Associates. and Xxxxx Xxxx & Xxxxxx as additional insured.
[graphic omitted]
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Permanent Mission of The
Republic of Korea
335-337E. 45th Street
New York. New York
RIDER "E"
KOREAN MISSION TO THE UNITED NATIONS
1. GENERAL REOUREMFNTS:
a. These Special Provisions are in addition to the Requirements of the
General Conditions of the Construction Contract between The Republic of Korea
(ROK) and Xxxxxxxxx & Xxxxxxx, Inc. (General Contractor). In case of
contradictions these Special Provisions shall govern, except where specifically
noted otherwise.
b. ft is the Subcontractor's responsibility to submit and keep two (2)
copies of Certificates of Insurance with General Contractor Accounting
Department. Work cannot start until Insurance Certificates are submitted,
reviewed and approved.
c. Each Subcontractor shall be prepared to provide Insurance in accordance
with the requirements of Rider "B" of the Subcontract Agreement.
d. No payment will be made to the Subcontractor after the expiration date
noted on the latest submitted Insurance Certificate.
e. The Subcontractor, and? any lower tiered Subcontractors, warrant that
prior to the submission of their Lump Sum Proposal. a visit to the site has been
performed for the purpose of fully understanding and accepting all conditions in
and around the construction site.
f. Subcontractor agrees that this Project Site is located in an area of
high traffic congestion; and Subcontractor shall endeavor to schedule the work
so as to minimize disruption of traffic and not to incur delays to the project
schedule by reason of traffic.
g. Subcontractor agrees to abide by all terms and conditions described in
the ROK contract with General Contractor. A copy will be made available upon
reasonable notice for review at General Contractor's office during normal
working hours.
2. STORAGE OF MATERIALS:
Subcontractor is hereby notified that facilities for storage may not be
available at the job site. It is the responsibility of this Subcontractor to
make whatever arrangements may be necessary for storage offsite to insure proper
supply of materials to the job to meet
Permanent Mission of The
Republic of Korea
000-000 X. 00xx Xxxxxx
Xxx Xxxx. Xxx Xxxx
RIDER "E"
d. Temporary toilet facilities for work persons.
e. Subcontractors may be responsible for providing hoisting for their
materials. Hoisting is to be performed during normal working hours.
Subcontractors who deliver material on off hours or on weekends / holidays will
be responsible for all required stand-by trades and costs.
f. Excluding only tests and testing performed by a Testing Engineer /
Laboratory in the employ of the (Owner, & General Contractor) the Subcontractor
shall be responsible for the execution of all tests and testing required by the
Specifications and by all Governmental Authorities having jurisdiction, and
shall pay the costs of all such tests and testing. The Subcontractor shall
submit certified results of the tests to General Contractor for the Architect's
approval. If directed in writing by General Contractor. the Subcontractor shall
provide additional tests and testing, performed by approved personnel working
under the direction and supervision of General Contractor. The additional tests
and testing would be for the purpose of establishing compliance with the
Contract; and should proper compliance be established, the direct charges for
the additional test and testing will be paid by the owner. Should non-compliance
with the contract be established, the Subcontractor shall pay for all charges
and costs, direct or indirect, incurred by reason of correcting the work. Any
repeat tests required because of the test result showing material not to conform
to specifications shall be paid for by the Subcontractor.
g. Subcontractor and their work persons will not be allowed to use the
telephones at the General Contractor's field office.
h. Removal of rubbish from the site will be performed by General
Contractor. Subcontractors will be responsible to place all their debris and
rubbish into the containers provided by General Contractor on a daily basis.
Failure by the Subcontractor to adhere to this provision will be grounds for
General Contractor to back charge their account to perform this service.
i. General Contractor will provide the main axis lines and bench marks
around the site. The Subcontractor shall layout its own work from these lines
and bench marks and shall be responsible for damage or loss due to incorrect
layout or performance of its work. Final layouts to be approved by General
Contractor.
Permanent Mission of The
Republic of Korea
335-337 F. 45th Street
New York. New York
RIDER "E"
progress schedule requirements. All job site storage locations must have
prior approval of General Contractor The Subcontractor is not guaranteed
continued use of such storage locations. Upon request by General Contractor, the
Subcontractor will relocate at his/her own expense, the material and equipment
as required for building and site work requirements and progress. Payment for
all stored materials will be subject to General Contractor requirements and
prior approval.
b. The storage of materials and apparatus, on site, shall be permitted only
to the extent approved by General Contractor. If materials and apparatus so
stored, obstruct the progress of any portion of the work. they shall be moved by
the Subcontractor without reimbursement of cost, from place to place or from the
premises, as General Contractor may direct. The cost of off-site storage I
staging areas and storage facilities for bulk materials and large quantities of
materials, if necessary, shall be included in the subcontractor's price.
3. SERVICES PROVIDED BY GENERAL CONTRACTOR:
General Contractor will provide the following services at the job site (as
progress of the building and site allows) for the benefit of Subcontractors
without cost to them, except as may be otherwise stated oi
a. Watch person services may be provided. General Contractor will not be
responsible for loss on the account of their or otherwise, of the property of
any Subcontractor or their employees, including construction materials not yet
accepted by the Owner I General Contractor.
b. Water for construction purposes is available. Any special requirements
for water shall be borne by the Subcontractor.
c. Electric current for normal construction purposes from 8:00 A.M. to 3:30
P.M., Monday through Friday, consisting of 120/208 volts, three-phase,
four-wire, 60 Hz. A.C. will be available on site according to General
Contractor's Specifications for Temporary Light and Power. All costs resulting
from connections to this power source will be by the Subcontractor. Each
Subcontractor will provide information for shanty requirements. Each
Subcontractor will be required to pay for any extension of Temporary Light and
Power beyond General Contractor's Specifications, that may be required for its
work.
Permanent Mission of The
Republic of Korea
335-337E. 45th Street
New York. New York
RIDER "E"
j. The Subcontractor shall, at all times during the course of the work.
cooperate with General Contractor in carrying out General Contractor's
programs for pest and vermin control and cleanliness of the building
and site. The Subcontractor and its Subcontractor's will only store
gasoline and other flammable liquids in and dispense the same from
Underwriter Laboratories' listed safety containers and in conformance
with the recommendations of the National Board of Fire Underwriters.
Tarpaulins utilized by the Subcontractor or its Sub-Subcontractors
shall have the Underwriters Laboratories' approval and shall comply
with Federal Specifications CCC-D-746. The Subcontractor shall properly
secure and maintain the securing of all of its tarpaulins during the
course of the project and especially prior to and during sever weather.
4. REOUTREMENTS OF SUBCONTRACTORS:
b. Subcontractor shall designate one or more senior persons. who have full
authority, individually to act for Subcontractor under and with respect to the
Contract. The acts of each such representative shall be fully binding to the
Subcontractor. The Subcontractor may change it's designation of any
representative by five (5) days prior written notice to General Contractor by
Certified Mail, all prior acts of such authorized representatives shall remain
binding upon the Subcontractor.
c. Subcontractor shall enforce strict discipline and good order at all
times among the Subcontractor's employees.
d. Before starting the work, Subcontractor shall designate one or more
employees as the Subcontractor's Superintendent, who shall be present on the
Project Site with any necessary assistance, when Subcontractor is performing
work. Subcontractors Superintendent shall be a senior and responsible employee
of the Subcontractor, who is qualified for such assignment. Upon request by
General Contractor, Subcontractor shall replace this individual if it is
determined, in General Contractor opinion, that the supervision level is
inadequate to properly perform the work.
e. Locations of Subcontractor's items of plant and tools such as hoists,
mixers, cutters, etc., must be approved by General Contractor Superintendent.
f. When temporary utilities have been installed, any Subcontractor working
before the hours of 7:30 A.M. and after 4:30 P.M., on a normal working day,
Monday through Friday,
Permanent Mission of The
Republic of Korea
335-3'~7 E. 45th Street
New York, New York
RIDER "E"
shall note that he must bear the added cost. if any, for providing
temporary light and power, or other temporary services outside these hours
unless such overtime is being worked at the request of General Contractor's
Superintendent. Subcontractor must notify General Contractor's Superintendent by
12:00 P.M. of any date work is to be performed on an overtime basis.
g. Subcontractors shall pay for cost of installation of temporary lights,
power, heat and telephone for their user at their changing area.
h. Subcontractors shall provide the scaffolding and related equipment
required in connection with their own work.
i. Subcontractor shall protect from damage and be responsible for their own
work until accepted in accordance with the terms of the Contract.
j. Subcontractors are expected to perform out-of-sequence work. The
terminology "out of sequence work" shall also include "comeback work" made
necessary by removal of plant, temporary wiring, piping or hoisting guy, etc.,
which are not removed until the building I site is substantially complete. and
shall also include a normal and reasonable amount of "comeback" to complete work
in each area I floor. Subcontractors shall include in their proposals. the cost
of this work.
k. In addition to standards of governing agencies mentioned in the Contract
Documents, it should be noted that the Local Building Inspector also has
jurisdiction.
1. Subcontractor shall include all cutting required by trade jurisdiction
in connection with their work, or caused by omission or negligence on the part
of the Subcontractor. Patching will be performed by others but charged to the
Subcontractor in cases of omission or negligence on their part.
m. Subcontractor shall be responsible for correction of any damage to the
work of preceding trades during the performance of their work.
n. Subcontractor will, within fifteen (15) working days after award of
subcontract, prepare and submit to General Contractor an acceptable detailed
schedule in an approved
Permanent Mission of The
Republic of Korea
335-337E. 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
RIDER "E"
formar (suretrak) outlining phases of the work. clearly stating critical
dates. manpower requirements, shop drawing schedule, long lead items,
fabrication dates, delivery and testing schedule and schedule of values.
Schedules are to be updated, formatted, or supplemented as required by General
Contractor. No progress payment will be issued to the Subcontractor until all
conditions stated above are satisfactorily met as judged by General Contractor
0. The Subcontractor shall also be responsible for final cleaning of their
work. This shall include removal of marks, stains, fingerprints, dirt, paint.
etc.' regardless of origin. The finished product shall be cleaned to the
complete satisfaction of General Contractor and the Architect before final
approval is requested and granted.
p. There are no provisions for on-site parking.
q. Each Subcontractor shall have responsible representation at coordination
meetings held in General Contractor's offices, when scheduled by General
Contractor. This responsible representation will include the authority by
Subcontractor management to respond to all matters pertaining to the agreement
with General Contractor to include labor, engineering, purchasing and expediting
requirements. These meetings will be held as often as required to arrange for
satisfactory coordination of all building and site trades so as not to impede
job progress. Subcontractors falling to abide by the provisions shall be held
responsible for any delays and / or expenses incurred due to coordination
difficulties in I with their trades.
r. Subcontractor may review the General Conditions of the Contract of
Construction. The Plans and Specifications covering the work of other trades,
shall be the responsibility of this Subcontractor for coordination of their work
with others.
s. Subcontractor shall submit shop drawings, prints, reproducibles, catalog
cuts, brochures, samples, etc., in the following quantities: 1. Shop Drawings -
3 sepia + 5 prints. (Architectural & Structural) 2 sepias + 6 prints (Electrical
& Mechanical) 2. Catalog cuts & Brochures - 9 copies (Architectural) 11 copies
(Electrical & Mechanical) 3. Samples -4 Samples are required.
t. When materials are specified to be furnished by others or furnished and
delivered only, it
Permanent Mission of The
Republic of Korea
335-337E. 45th Street
New York. New York
RIDER "E"
shall be understood that such materials are to be furnished and delivered
F.O.B. site, and the receiving, unloading, handling and other work thereafter
will be furnished by each Subcontractor installing the materials as part of his
Contract Scope.
u. Should, in the opinion of General Contractor, it become necessary for
General Contractor to supplement the Subcontractors expediting efforts in order
to maintain job progress. then all costs incurred by General Contractor for this
effort will be back charged to the Subcontractor as General Contractor may
elect.
v. By 9:30 A.M. of each working day, Subcontractor must submit to General
Contractor Project Superintendent the following information:
1. The number of persons working at the site, broken down to indicate
classification, i.e., forepersons. journey persons, apprentices, etc., including
second tier Subcontractors, and a count of minorities and female employees.
2. Brief description of the work and where it is being performed, including
quantities of materials to be placed i.e., yards of concrete poured, tonnage and
number of pieces of steel in place, list ofmajor equipment, etc.
w. Access to the site will be via existing New York City streets and gates
per General Contractor Site Logistic Plan.
x. In the event that the Subcontractor shall introduce upon the project any
equipment. tools, plant, labor, or services in connection with the work, which
when added to the equipment tools, plant labor and services employed upon the
project by other & subcontractors will, pursuant to the provisions of any
applicable code, ordinance, regulation, or agreement, necessitate the employment
of additional labor, services, or equipment on the project, the Subcontractors
shall be responsible for any payments for their pro rata share of the cost of
such additional labor, services and equipment.
y. The Subcontractor is solely responsible for determining and supervising
all temporary and permanent erection and construction sequences. techniques or
methods required for its work and for preventing the overloading of any
temporary or permanent members or areas of the project. The Subcontractor shall
take positive action to ensure the discharge of these responsibilities and to
ensure the safety of all persons and the safe performance of its work, subject
to the concurrence of Construction Manager.
Permanent Mission of The
Republic of Korea
000-000 X. 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
RIDER "E"
that such policy shall not be canceled or amended. or any coverage reduced,
without at least thirty (30) days prior 'written notice by registered mail to
General Contractor and endorsement designating ROK, Xxxxxxxxx & Xxxxxxx, Inc.
Pei, Xxxx Freed & Partners.
8. CHANGES TO THE CONTRACT:
a. No overhead or profit will be allowed on premium time authorized, to
perform contract work.
b. Allowable charges for changes.
For each Subcontractor involved with work performed by his own forces: 10%
overhead and 5% profit of the cost of his work, plus 15% for second tier
Subcontractors. In no case shall the applicable percentage for overhead and
profit for all tiers of subcontractors exceed 16% Overhead shall include the
following:
1. Supervision and superintendents. Not forepersons)
2. Timekeeper wages.
3. Clerical work.
4. Small tolls.
5. Incidentals general office and plant expense.
All changes in the work shall be submitted in the following manner. Change
Order Requests failing to comply with this form will be returned for correction.
a. Materials FOB Job Site (Itemized Breakdown) $
b. *Rent of Equipment (List Separately) $
c. Labor (Itemized Breakdown) $
d. Second tier Work (if applicable, same
breakdown as shown above) with 15%
Overhead & Profit $
e. **Overhead & Profit - 15% for items
(a) + (b) + ( c) $
Permanent Mission of The
Republic of Korea
000-000 X. 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
RIDER "E"
f. 5% for item (d) $
g. Payment & Performance Bond ('f Applicable) $
TOTAL $
* Rates not in excess of those prevailing in area.
* *If deductive changes. this figure to be 10% when both additions and
deductions are involved in any one change, the allowance for general
condition items and fee shall be figured on the basis of net increase and
decrease if any.
General Contractor will issue to the Subcontractor one (1) set of prints of
the Contract Drawings and Specifications at the start of its Subcontract and the
same of any revised drawings during the performance of his contract, which may
affect the scope of their Subcontract work. Subcontractors shall be responsible
for cost of reproducing additional prints for their own use their supplier's
use.
c. Requests for Change orders are to be submitted in duplicate to General
Contractor. Each shall state which Change Order Request number is being quoted.
Change Order Requests. when issued, are to be estimated and the quote returned
to General Contractor within (10) days of receipt. Any extensions of time
required must be so noted. If no written response from the Subcontractor I
Vendor is received within the ten (10) day period, General Contractor will
require that the work be performed at a cost established by General Contractor.
9. MONTHLY INVOICE:
a. The formal Subcontractor I Vendor invoice shall be submitted to
General Contractor no later that the 13th and 25th of each month with
the value of the work projected through the end of that month.
b. The General Contractor's formal Bi- monthly invoice to the owner
shall be submitted no later than the 5th day of each month with the
value of the work projected for the period in question. General
Contractor is to receive payment from the Owner the following month and
will expeditiously make payments to the Subcontractor.
Permanent Mission of The
Republic of Korea
335-337E. 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
RIDER "E"
c. General Contractor's Affidavit and Release of Lien from the
Subcontractor will be required on a monthly basis, and will be required at all
retention reduction and final payment requests.
d. Retainage will be held pursuant per General Contractor's standard
Subcontract terms.
10. SAFETY & PROTECTION:
a. The Subcontractor shall provide for protecting the lives and health of
employees and other persons; preventing damage to property, material, supplies,
and equipment; and avoiding work interruptions. For these purposes the
Subcontractor shall provide
General Contractor the following:
1. Written site specific Safety Program.
2. Written Hazardous Material Communication Program and Material Safety
Data Sheets
2. Provide appropriate safety barricades, signs and signal lights.
3. Comply with standard issued by Federal, State, and local authorities.
4. Ensure that any additional measures that General Contractor determines
to be reasonably necessary for this purpose shall be taken.
b. General Contractor will hold safety meetings on a scheduled basis each
month with on site personnel from each trade performing work on the site. At
least one (1) representative (foreperson level or above) from each Subcontractor
must be present. Each Subcontractor will be required to review with its
employees all items discussed. In addition, General Contractors Site Safety
Coordinator will hold regular meetings with individual forepersons, and shop
stewards. All supervisory personnel shall be continually on the alert for safety
hazards and report these and all accidents and injuries to General Contractor
immediately. Accident reports shall be submitted to General Contractors field
office the same day of the accident.
c. Fire Protection - The Subcontractor shall conform to all applicable fire
regulations.
d. Any costs to General Contractor for Federal, State or Local fines and I
or penalties resulting from Subcontractor's operations will be back charged to
their account
Permanent Mission of The
Republic of Korea
000-000 X. 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
RIDER "E"
e. All safety equipment or weather protective gear required to perform the
work of the Subcontractor is to be supplied by the Subcontractor.
f. All flag persons required for deliveries to the site are to be furnished
by the subcontractor.
g. The Subcontractor shall ascertain exact locations of utilities, shown on
the Contract Drawings, that may be affected by its work on this project. and
shall also be responsible for any damage or injury that may result from working
on or near these utilities.
h. If the Subcontractor encounters utilities that are not shown on the
Contract Drawings, the Subcontractor shall protect such utilities and notify
General Contractor, and shall take such action as reasonably required to
minimize the damage and shall promptly restore the system to operating
condition.
i. All Subcontractors are responsible to replace any protection removed
during the course of their work. Any cost to repair or replace protection
removed by the Subcontractor will be borne by the Subcontractor deemed
responsible in the opinion of General Contractor.
11.MAINTENANCE REOUIREMENTS:
a. The Subcontractor shall orient and instruct the maintenance personnel
designated by General Contractor in the operation of all equipment.
b. The Subcontractor shall furnish General Contractor with two complete
sets of neatly bound folders, containing the connection and control diagrams,
opting and maintenance instructions, cuts of all architectural, mechanic cal,
electrical, etc.. as installed, including catalogs or parts listed from the
prime manufacturer, and not based on local dealers stock number systems.
c. The Subcontractor shall provide maintenance instructions, etc.. prior to
ROK occupancy of the site and building(s).
00.XXXXXXXXXXX:
a. Upon award of a Subcontract, General Contractor will supply one (1) set
of Sepias and one (1) set of specifications to the Subcontractor. If more
drawings, sepias or specifications are needed, they can be obtained from the
printer at the expense of the Subcontractor.
Permanent Mission of The
Republic of Korea
000-000 X. 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
RIDER "E"
b. Within fifteen (15) working days after award of Subcontract. the
Subcontractor shall submit to General Contractor, a schedule indicating the time
frame when shop drawings, catalog cuts and samples are to be submitted. The
schedule shall include sufficient detail to indicate the number of each. No
progress payment will be made until satisfactory schedule is submitted.
c. Shop Drawing, Sample and Manufacturers Literature. etc. quantities, see
article 4, Subparagraph r
d. All Submittals shall be accompanied by a transmittal form properly
filled out. listing each item as well as the listing of any ASTM, Federal or
other standard reference specified or applicable and such information as may be
required by the specifications for the materials being submitted. Any deviations
from the contract requirements shall be so stated on the transmittal form.
e. Upon review of the submittals by the Architect I Engineer one (1) of
each item, print, sample, etc.) will be returned to the Subcontractor for
action. If an architectural Subcontractor desires to receive a sepia in addition
to the print mentioned above, an additional sepia should be included in the
submission.
f. Shop drawings shall show in detail. external connections, adjoining
attachments, adjoining materials, mechanical I electrical characteristics as
appropriate, conforming to the requirements of the specification section(s). Any
proposed variation I substitution I deviation from the specified and I or design
information must be approved by General Contractor prior to submission and shall
be clearly marked on each submission and its accompanying transmittal. All
equipment requiring electrical wiring shall include a specific wiring diagram
for that equipment indicating point-to-point connections, even if schematic.
g. The products and materials of manufacturers referred to in the Contract
Drawings and Specifications are intended to establish the standard of quality
and design required by the Architect. Unless specifically approved by General
Contractor and Architect, there will be no substitutions entertained for the
products of' material specified within the design documents.
h. The Subcontractor shall submit one (1) sepia and two (2) blueprints of
all As-Built drawings. The drawings shall be clearly marked "As-Built".
Permanent Mission of The
Republic of Korea
000-000 X. 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
RIDER "E"
e. All shop and field labor including supervision and engineering layout
costs.
f. All temporary utilities required, including safety precautions.
g. All costs of standby trades during or beyond normal working hours.
h. All transportation, freight, insurance, taxes (if applicable), overhead
and profit.
