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EXHIBIT 10.14
ALL SECTIONS MARKED WITH TWO ASTERISKS ("**") REFLECT PORTIONS WHICH
HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION BY FLOUR CITY INTERNATIONAL, INC. AS PART OF A REQUEST FOR
CONFIDENTIAL TREATMENT.
TRADE CONTRACT
Agreement made this 19th day of May, 1997 by and between SWISS RE INVESTORS,
INC. with an office at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (the "Owner")
and Flour City Architectural Metals, Inc. with an office at 000 Xxxxxxxxx Xxxxx,
Xxxxx 0, Xxxxxxx Xxxx, XX 00000 (the "Trade Contractor").
The Owner engages the Trade Contractor to perform the work generally described
in Paragraph 3 hereof and the General Conditions for the Contract for
Construction (the "General Conditions") which are attached hereto and made a
part hereof (collectively, the "Work"). The Trade Contractor hereby agrees to
perform the Work in accordance with all the documents set forth in Paragraph 5
hereof (the "Contract Documents").
1. The Project is the construction of the Owner's new corporate headquarters
located in North Castle, New York.
2. The Owner has retained the services of a project manager (the "Project
Manager"), construction manager (the "Construction Manager") and design
professionals (the "Design Team") as described in the General Conditions.
3. The Trade Contractor shall provide and furnish all labor, materials, tools,
supplies, equipment, service, facilities, supervision, administration, and
all the items required by the Contract Documents for proper and complete
performance and acceptance of the CURTAINWALL SYSTEMS WORK in strict
accordance with the Contract Documents.
4. The Trade Contractor shall be paid for the Work the sum of ** (herein the
"Contract Price"). The Trade Contractor represents that it has inspected
the project site and has satisfied itself as to the condition thereof and
that the contract price is just and reasonable compensation for all the
work and for the Trade Contractor's assumption of the risk of all foreseen
and unforeseen risks, hazards, and difficulties in connection with the
performance of the Work.
5. The Contract Price includes all Federal, STATE*, County, Municipal and
other taxes imposed by law and based upon labor, services, materials,
equipment or other items acquired, performed, furnished or used for an in
connection with the Work, including but not limited to sales, use and
personal property taxes payable by or levied or assessed against the Owner
or the Trade Contractor. Where the law requires any such taxes to be stated
and charged separately, the total price of all items included in the Work
plus the amount of such taxes shall not exceed the Contract Price.
* REFER TO ADDITIONAL PROVISIONS/SCOPE OF WORK ITEM #B2
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6. The Contract Documents, sometimes hereinafter referred to
collectively as the "Trade Contract," are listed below and shall
constitute the Trade Contract.
A. This Trade Contract
B. General Conditions and all exhibits thereto
C. Additional Provisions/Scope of work and all
exhibits/attachments thereto
X. Xxxxx 'A' Revised Contract Terms
The Trade Contractor is bound by the terms of all Contract Documents. The Trade
Contractor represents and agrees that it has carefully examined and understands
this Trade Contract and the other Contract Documents, has investigated the
nature, locality and site of the Work and the conditions and difficulties under
which it is to be performed and that it enters into this Agreement on the basis
of its own examination, investigation and evaluation of all such matters and
not in reliance upon any opinions or representations of Owner, the Project
Manager, the Construction Manager, or the members of the Design Team, or of any
of their respective officers, agents, servants, or employee
7. This Agreement, the provisions of the General Conditions and the other
Contract Documents are intended to supplement and complement each other
and shall, where possible, be thus interpreted. Definitions contained in
the General Conditions are applicable to this Agreement. If, however,
any provision of this Agreement irreconcilably conflicts with a
provision of the General Conditions and/or other Contract Documents, the
provision imposing the greater duty or obligation on the Trade
Contractor shall govern.
8. The Trade Contractor acknowledges it has reviewed the Contract
Documents and accepts them with full responsibility and liability for
the performance thereof, and the Owner, the Construction Manager, the
Project Manager and the members of the Design Team shall not have
responsibility or liability for the Trade Contractor's performance of
the Work.
9. The Trade Contractor acknowledges that it has carefully reviewed and
without reservation accepts each of the indemnification provisions which
are in the General Conditions.
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10. Time is of the essence in the commencement of the Work and the
performance of the Contract and the Work. The Trade Contractor shall be
liable for all direct and consequential damages arising out of any
failure to perform the Work in accordance with the terms and provisions
of the Contract Documents. The Trade Contractor shall commence the Work
when notified to do so by the Owner and shall diligently and
continuously prosecute and complete the Work and coordinate the Work
with the other work being performed on the Project. The Trade Contractor
shall perform the Work in accordance with the Project Schedule and any
amendments thereof as may be issued from time to time, and any other
scheduling requirements listed in this Agreement, so as not to delay,
obstruct, hinder or interfere with the commencement, progress or
completion of the whole or any part of the Work or other work on the
Project.
11. The Trade Contractor shall participate and cooperate in the development
of schedules and other efforts to achieve timely completion of the Work
and provide information for the scheduling of the times and sequence of
operations required for its Work to meet the Owner's overall schedule
requirement. The Trade Contractor shall continuously monitor the Project
Schedule so as to be fully familiar with the timing, phasing and
sequence of operations of the Work and of other work on the Project, and
shall execute the Work in accordance with the requirements of the
Project Schedule and any revisions thereto.
12. Without additional charge or expense to the Owner, the Trade Contractor
shall obtain and pay for all necessary permits and licenses pertaining
to the Work and shall comply with all federal, state, municipal and
local laws, ordinances, codes, rules, regulations, standards, orders,
notices and requirements, including but not limited to those relating to
safety, discrimination in employment, fair employment practices or equal
employment opportunity, and whether or not provided for by the Drawings,
Specifications, General Conditions, or other Contract Documents. The
Trade Contractor shall be also responsible for and correct, at its own
cost and expense, any violations thereof resulting from or in connection
with the performance of its Work. The Trade Contractor shall at any time
upon demand furnish such proof as the Owner may require showing such
compliance and the correction of such violations. The Trade Contractor
agrees to save harmless and indemnify the Owner, the Project Manager,
the Construction Manager and members of the Design Team from and against
any and all loss, injury, claims, actions, proceedings, liability,
damages, fines, penalties, costs and expenses, including legal fees and
disbursements, caused or occasioned directly or indirectly by the Trade
Contractor's failure to comply with any of said laws, ordinances, rules,
regulations, standards, orders, notices or requirements or to correct
such violations therefore resulting from or in connection with the
performance of Work.
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GENERAL CONDITIONS
for
CONTRACTS FOR CONSTRUCTION
for
SWISS RE CORPORATE HEADQUARTERS
NORTH CASTLE, NEW YORK
Owner:
Swiss Re Investors, Inc.
000 Xxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
3/21/97
INITIALED:
SWISS RE
TRADE CONTRACTOR
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TABLE OF CONTENTS
Page
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ARTICLE 1
DEFINITIONS................................................................ 1
1.1 Definitions................................................. 1
ARTICLE 2
CONTRACT DOCUMENTS......................................................... 4
2.1 Priority and Intent of Document............................. 4
2.2 Division of Work............................................ 5
2.3 Captions.................................................... 5
2.4 Recognized Meaning.......................................... 5
ARTICLE 3
THE TRADE CONTRACTOR....................................................... 6
3.1 The Trade Contractor and all Subcontractors Bound........... 6
3.2 Quality of Workmanship and Materials........................ 6
3.3 Trade Contractor's Responsibility for Legal Requirements.... 6
3.4 Trade Contractor's Responsibility to Detect and Avoid
Errors...................................................... 7
3.5 Cooperation with Other Trade Contractors.................... 7
3.6 Representations............................................. 8
3.7 Existing Conditions......................................... 9
3.8 Record ("As Built") Drawings................................ 9
3.9 Project Meetings............................................ 9
3.10 Warranties and Guaranties................................... 10
3.11 Performance Specifications.................................. 10
3.12 Work by Subcontractors...................................... 11
3.13 Discharge of Liens.......................................... 11
3.14 Royalties and Patents....................................... 12
ARTICLE 4
THE DESIGN TEAM, PROJECT MANAGER AND CONSTRUCTION MANAGER.................. 12
4.1 General..................................................... 12
4.2 Site Visits................................................. 12
4.3 Interpretation and Clarification............................ 13
4.4 Coordination................................................ 13
4.5 Changes and Substitutions.................................. 13
4.6 Final Review............................................... 14
4.7 Warranties, Guaranties and Manuals......................... 14
4.8 Cooperation with the Construction Manager, Design Team
Design and Limits of their Authority....................... 14
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ARTICLE 5
ADMINISTRATION, SUPERVISION AND SCHEDULING . . . . . . . . . . . . . . . 15
5.1 Trade Contractor's Work Force . . . . . . . . . . . . . . 15
5.2 Trade Contractor's Project Representative . . . . . . . . 16
5.3 Time of Performance . . . . . . . . . . . . . . . . . . . 16
5.4 Compliance with Time Schedules. . . . . . . . . . . . . . 17
ARTICLE 6
SHOP DRAWINGS, SAMPLES, PRODUCT DATA
AND OTHER SUBMISSIONS. . . . . . . . . . . . . . . . . . . . . . . . . . 18
6.1 Approved Procedure for Shop Drawings, Samples
and Product Data. . . . . . . . . . . . . . . . . . . . . 18
6.2 Verification and Coordination . . . . . . . . . . . . . . 19
6.3 Review. . . . . . . . . . . . . . . . . . . . . . . . . . 20
6.4 Trade Contractor's Responsibility . . . . . . . . . . . . 20
6.5 Compliance with Drawings and Specifications . . . . . . . 21
6.6 "Or Equal" Materials or Substitutions . . . . . . . . . . 21
6.7 Preliminary Submissions . . . . . . . . . . . . . . . . . 21
6.8 Testing . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE 7
CONSTRUCTION PRACTICES AT THE SITE . . . . . . . . . . . . . . . . . . . 22
7.1 Contractor's Responsibility for Construction Methods . . 22
7.2 Security and Safety . . . . . . . . . . . . . . . . . . . 23
7.3 Report of Accidents . . . . . . . . . . . . . . . . . . . 24
7.4 Trade Contractor's Responsibility in Emergencies . . . . 24
7.5 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ARTICLE 8
INSPECTION, CORRECTION AND ACCEPTANCE OF THE WORK . . . . . . . . . . . 25
8.1 Tests and Inspections . . . . . . . . . . . . . . . . . . 25
8.2 Access to Work. . . . . . . . . . . . . . . . . . . . . . 26
8.3 Repair and Replacements of Defective Work . . . . . . . . 26
8.4 Stop Work Orders. . . . . . . . . . . . . . . . . . . . . 28
8.5 Further Construction Before Completion. . . . . . . . . . 28
8.6 Acceptance of Work. . . . . . . . . . . . . . . . . . . . 28
ARTICLE 9
CHANGES IN WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
9.1 Unauthorized Changes Prohibited . . . . . . . . . . . . . 30
9.2 Change Orders . . . . . . . . . . . . . . . . . . . . . . 30
9.3 Overtime. . . . . . . . . . . . . . . . . . . . . . . . . 31
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Page
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9.4 Compliance with Owner's Instructions and Notice. . . . . . . . 31
9.5 Payment or Credit for Scope Changes. . . . . . . . . . . . . . 31
9.6 Changed and Unknown Conditions . . . . . . . . . . . . . . . . 32
9.7 Time and Material, Cost-Plus and Unit Price Work . . . . . . . 33
ARTICLE 10
PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
10.1 Payment for Materials. . . . . . . . . . . . . . . . . . . . . 33
10.2 Progress Payments. . . . . . . . . . . . . . . . . . . . . . . 34
10.3 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . 35
10.4 Owner's Right to Withhold Payments . . . . . . . . . . . . . . 37
10.5 Trade Contractor's Books and Records . . . . . . . . . . . . . 39
10.6 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . 39
10.7 Trust Funds. . . . . . . . . . . . . . . . . . . . . . . . . . 39
ARTICLE 11
INSURANCE AND INDEMNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
11.1 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . 40
11.2 Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . 40
ARTICLE 12
DEFAULT, TERMINATION, CLAIMS AND DISPUTES . . . . . . . . . . . . . . . . . . 41
12.1 Grounds for Termination. . . . . . . . . . . . . . . . . . . . 41
12.2 Effect of Termination. . . . . . . . . . . . . . . . . . . . . 43
12.3 Owner's Right to Perform Trade Contractor's
Obligations Without Termination. . . . . . . . . . . . . . . . 44
12.4 Notice and Waiver of Contractor's Claims . . . . . . . . . . . 44
12.5 Delay Claims . . . . . . . . . . . . . . . . . . . . . . . . . 45
12.6 Limitation of Action . . . . . . . . . . . . . . . . . . . . . 46
12.7 No Interruption for Dispute. . . . . . . . . . . . . . . . . . 46
12.8 Litigation Assistance. . . . . . . . . . . . . . . . . . . . . 46
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ARTICLE 1
DEFINITIONS
1.1 Definitions. Terms used in this Agreement which are not expressly
defined herein shall have the respective meanings ascribed to them elsewhere in
the Contract Documents unless the context otherwise requires. Some of the
definitions used in this Agreement are as follows:
1.1.1 "Books and Records" means all books of account, bills,
vouchers, invoices, payrolls, payroll reports, purchase
orders, receiving documents, contracts, change orders,
maintenance and operating manuals, time books, daily job
diaries and reports, cost analyses made prior to and during
the course of the Work, cancelled checks, sales or excise
tax filings and returns, correspondence, and other documents
showing acts or transactions in connection with, or relating
to, or arising by reason of, the Project.
1.1.2 "Base Building" or "Core and Shell" means the perimeter
enclosure and common essential elements such as mechanical
systems, core toilets, electric systems, telephone (LAN)
closets, elevator, stairs and structure of the headquarters
office building.
1.1.3 "Building" means the Swiss Re headquarters office building
to be constructed on the Project site.
1.1.4 "Contract Documents" means this Trade Contract, all
agreements currently in effect or hereafter entered into
between the Owner and the Construction Manager, the Owner
and Trade Contractors and between Trade Contractors and
Subcontractors with respect to the Project, including the
General Conditions thereof, the completed Bid Form submitted
by the Trade Contractor, the drawings and specifications
prepared for the Project by the Design Team (the "Drawings
and Specifications") a list of which is annexed to the
special conditions issued by the Construction Manager and
all addenda, additions and modifications to any of the
foregoing.
1.1.5 "Construction Cost Estimate" means the estimates which shall
be prepared from time to time as work on the Project
proceeds.
1.1.6 "Construction Manager" means the Owner's designee who is
responsible for day-to-day management of the construction
site on behalf of the Owner.
1.1.7 "Design Team" means the design architect, the production
architect, the civil, mechanical, electrical, plumbing,
HVAC, and structural engineers, interior designer and other
design consultants retained by the Owner to perform design
services on the Project.
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The current members of the Design Team are identified in
Exhibit A which is annexed hereto.
1.1.8 "Employee(s)" means an officer, director, employee, partner,
agent, servant or representative.
1.1.9 "Excusable Delay" means any delay in the Work resulting from
Acts of God, fire, earthquake, explosion, unforeseen
conditions, epidemic, strike (other than a strike by
Employees of the Construction Manager), civil disturbance,
war, enjoining of the Work by a governmental body having
jurisdiction thereover, or any act(s) or omission(s) of the
Owner, the Design Team or the Construction Manager.
1.1.10 "Final Completion" means that the Owner has certified that,
except for minor or insubstantial details and routine
mechanical adjustments, the Work has been completed in
accordance with the Contract Documents.
1.1.11 "Fitout" means the interior construction of the elements of
the Building exclusive of the Core and Shell.
1.1.12 "Garage" means the parking garage to be constructed on the
Project site.
1.1.13 "Indemnitee(s)" means the Swiss Re Investors, Inc. and its
parent, subsidiary and affiliated corporations,
partnerships, and other entities including without
limitation Swiss Re America Holding Corporation, Swiss
Reinsurance America Corporation, and Swiss Re Life Insurance
Company, the Project Manager, the Production Architect and
other members of the Design Team, the Construction Manager
and the officers, directors, shareholders, partners and
employees of each of the foregoing.
1.1.14 "Laws" means each law, rule, regulation, requirement, order,
judgment, code, decree, or ordinance of every kind issued by
any government or public entity with jurisdiction over or a
protectible interest in the Project or the Work.
1.1.15 "Project" means the design and construction of the Building
and the Garage and all site work related thereto.
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1.1.16 "Project Manager" means the Owner's designee who is responsible
for comprehensive day-to-day management of the Project on behalf
of the Owner.
1.1.17 "Project Site" means any place or location where the Work is being
performed.
1.1.18 "Project Schedule" has the meaning as set forth in the Trade
Contract and any revisions thereto.
1.1.19 "Project Team" means the members of the Design Team, the Project
Manager, the Construction Manager, any other design or
construction consultants retained by the Owner, and the Trade
Contractors performing work on the Project.
1.1.20 "Retainage" means monies retained by the Owner from payments due
to trade contractors.
1.1.21 "Subcontractor" means a contractor or vendor furnishing services,
equipment, supplies or materials to the Project under a contract
with a trade contractor ("Subcontract").
1.1.22 "Substantial Completion" means the stage in the progress of the
Work when the Work or designated portion thereof is sufficiently
complete in accordance with the Contract Documents so the Owner is
able lawfully to occupy and reasonably use same for the conduct of
the Owner's business in the manner intended by the Owner.
1.1.23 "Trade Contractor" means a contractor performing part of the Work
for the Project pursuant to a contract with the Owner ("Trade
Contract") under the supervision of the Construction Manager.
1.1.24 "Work" means construction of the Project, including the furnishing
of all labor necessary to complete the construction of the Project
in accordance with the Contract Documents and all materials and
equipment incorporated in or to be incorporated in such
construction pursuant to the Contract Documents, including all
offsite work, mock up studies, tests, etc., and all services,
facilities, tools and equipment necessary or used to perform and
complete such construction.
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ARTICLE 2
CONTRACT DOCUMENTS
2.1 Priority and Intent of Document
2.1.1 In the event of a conflict between the provisions of a
Trade Contract and these General Conditions, the
provisions of the Trade Contract shall control.
2.1.2 To the extent that the requirements of the Drawings,
Specifications or any Special Conditions are inconsistent
with or more detailed or specific than these General
Conditions, the Trade Contractor shall follow the
Drawings and Specifications and any Special Conditions in
performing the Work. If there is a conflict or
inconsistency between the Drawings and Specifications,
Special Conditions or any Contract Documents, the Trade
Contractor shall comply with the more stringent
requirements contained therein.
2.1.3 The Trade Contractor shall follow the Contract Documents.
To the extent that there is a conflict between any
applicable legal requirement and any provisions of the
Contract Documents, the Trade Contractor shall conform to
the most restrictive requirement permitted by law.
2.1.4 Any reference to standard specifications of any society,
institute, association or governmental authority is a
reference to the standard specifications of such
organization that are in effect at the date of the Trade
Contractor's proposal unless otherwise indicated. If such
specifications are revised prior to completion of any part
of the Work to which such revision would pertain, the
Trade Contractor may, upon prior written consent of the
owner, perform such work in accordance with the revised
specifications. The standard specifications referred to
above, except as modified in the Specifications for the
Project, shall have full force and effect as though
printed in the Specifications.
2.1.5 The intent of the Contract Document is to include in the
Work all labor and materials, insurance, tools, equipment,
permits, licenses, taxes, approvals, transportation,
surveys, testing, field engineering and other professional
services (other than the services of the Design Team and
other consultants of the Owner) and any other items
required to execute and complete the Work satisfactorily
and in accordance with the Contract Documents, including
design
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work, preparation of documents, and filing of documents
when called for or if normally required by industry or
trade custom.
2.1.6 The Trade Contractor shall perform and complete the Work
in accordance with the intent and meaning of the Contract
Documents and shall perform all work reasonably inferable
therefrom; it being the intention that all work usually
performed by the trade covered by the Trade Contract and
necessary to produce the intended result be performed by
the Trade Contractor whether or not specifically covered
by the Contract Documents.
2.1.7 The Contract Documents are complementary and what is
called for by one shall be as binding as if called for by
all. If any conflicts or ambiguities are found in or
between the Drawings and Specifications, or among any of
the Contract Documents, they shall be brought to the
attention of the Design Team and the Owner immediately for
resolution.
2.2 Division of Work
The Specifications have generally been divided into Trade
Divisions and the Trade Divisions into sections for the purpose of
ready reference. A Trade Division or section may cover the Work of
more than one Trade Contractor, and the Work of a Trade Contractor
may be covered by more than one Trade Division or section. A Trade
Contractor shall be responsible for the performance of all its
Work, regardless of where it is described in the Specifications.
2.3 Captions
Captions, headings, cover pages and tables of contents contained
in the Contract Documents are inserted only to facilitate
reference and for convenience and in no way define, limit or
prescribe the scope, intent or meaning of any provisions of any of
the Contract Documents.
2.4 Recognized Meaning
Words and abbreviations that have well known technical or trade
meanings are used in the Contract Documents in accordance with
their recognized meanings, unless such terms are specifically
defined or unless their context clearly indicates a different
meaning.
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ARTICLE 3
THE TRADE CONTRACTOR
3.1 The Trade Contractor and all Subcontractors Bound
3.1.1 All services performed by the Trade Contractor or Subcontractors
shall be performed in the capacity of independent contractor and
not as agent.
3.1.2 The Trade Contractor shall be fully responsible to the Owner for
acts or omissions of persons directly or indirectly employed by
the Trade Contractor.
3.1.3 The Trade Contractor shall perform the Work in strict accordance
with the Contract Documents. The Trade Contractor shall not
depart form the scope of the Work as defined in the Contract
Documents unless authorized to do so pursuant to Article 9. The
Trade Contractor shall keep at the Project site and use for
construction only approved Drawings, Specifications, Shop
Drawings or other Documents issued or returned for construction
and identified as such.
3.2 Quality of Workmanship and Materials
The Trade Contractor shall perform the Work strictly in accordance with the
sound, workmanlike construction practices or other standard as may be
required by the Owner and shall use only high standards of workmanship, and
of structural and mechanical efficiency and integrity, at all times,
incorporating new materials of high quality, subject to the specific
requirements of the Drawings and Specifications.
3.3 Trade Contractor's Responsibility for Legal Requirements
3.3.1 In carrying out its obligations under the Contract Documents, the
Trade Contractor shall comply with all applicable Laws. The
Contractor represents that it is familiar with such Laws.
3.3.2 The Trade Contractor shall obtain, at its own expense, all
permits necessary in connection with the performance of its Work
and shall promptly furnish to the Owner a true copy of each
permit as issued. Notwithstanding the foregoing, the Owner shall
be responsible for obtaining the building permit for the Project.
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3.4 Trade Contractor's Responsibility to Detect and Avoid Errors
3.4.1 The Trade Contractor shall fully study, compare and
coordinate the Drawings and Specifications, the Project
Schedule and all Contract Documents, instructions,
approvals, disapprovals and other communications received
from the Owner.
3.4.2 The Trade Contractor shall immediately report to the Owner
any error, omission, inconsistency, construction
impracticality or other defect that may be apparent from
such review. The Trade Contractor shall cooperate fully and
in good faith with the Owner and other members of the
Project Team to resolve any such defect in a manner that
shall not result in an increase in the Trade Contract Price
or a delay in the progress in the Work. In no event shall
the Trade Contractor make any claims against the Owner or
any member of the Project Team on account of any errors,
omissions or inconsistencies contained in the Drawings,
Specifications or other Contract Documents.
3.5 Cooperation with Other Trade Contractors
3.5.1 The Owner may engage other Trade Contractors to perform Work
in connection with the Project, subject to these General
Conditions. More than one Trade Contractor may be engaged to
perform Work in a single trade. The Trade Contractor shall
cooperate with and fully coordinate its Work with the Work
of the other contractors.
3.5.2 The Trade Contractor shall immediately notify the Owner of
any deficiency observed in the Work of any other contractor
before performing any of the Trade Contractor's own Work
that may be affected by such deficiency; and the Trade
Contractor shall not, without the Owner's approval, proceed
with or continue the affected Work until such deficiencies
have been rectified.
3.5.3 Responsibility for the coordination of the Work in
connection with the Project rests with the Trade Contractor
and the other Trade Contractors. Neither the Owner, the
Project Manager, the Construction Manager nor the members of
the Design Team shall be liable to the Trade Contractor for
any damages, costs, expenses, liabilities, or losses which
the other Tract Contractor may sustain or incur as a result
of the failure of any Trade Contractor or Subcontractor to
coordinate its work with the work of the Trade Contractor
and the other Trade Contractors and
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Subcontractors. Nothwithstanding the foregoing, the Owner
reserves the right to direct and coordinate the Work as it deems
necessary. The Owner has no obligation to exercise this right;
however, the Trade Contractor shall follow any directives issued
by the Owner to achieve coordination of the Work.
3.6 Representations
The Trade Contractor represents that:
(a) The Trade Contractor is bondable for an amount up to the price of
the Work. The Owner may, at any time during the performance of
the Work, request that the Trade Contractor secure at Owner's
expense, ,for a commercial surety acceptable to the Owner a bond:
(i) for the due and complete performance of the Trade Contractors
obligations hereunder, and (ii) for the timely payment of all
charges for labor, services, and material furnished for the
prosecution of the Work. Such bond shall be for a sum equal to
the amount of the Trade Contract, shall be in a form acceptable
to the Owner and shall be delivered to the Owner within seven (7)
days after being requested. If the Trade Contractor is requested
to furnish a bond at anytime during the job and fails to obtain
it, such failure will constitute a material breach by the Trade
Contractor, entitling the Owner to terminate the Trade
Contractor's performance;
(b) Any temporary and permanent Work required by the Contract
Documents can be satisfactorily constructed, and the such
construction will not injure any person or damage any property;
(c) The Trade Contractor has carefully examined the Contract
Documents and the Site and, from the Trade Contractor's own
investigations, is satisfied as to the nature and location of the
Work, the character, quality and quantity of surface and
subsurface materials likely to be encountered, the character of
equipment and other facilities needed for the performance of the
Work, the general and local conditions including easements, and
all other conditions or items which may affect the Work; and
(d) The Trade Contractor accepts full responsibility for all
conditions at the Site that may affect the Trade Contract of
Trade Contractor's performance.
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3.7 Existing Conditions
3.7.1 Before proceeding with the Work, the Trade Contractor will
investigate, verify and accurately check all previous and
surrounding work and determine the correctness of the same;
failure on its part to detect or report discrepancies will
relieve the Owner of liability from any and all claims to recover
cost, expense, loss or damage resulting therefrom. The Trade
Contractor shall take, determine, investigate and verify all
field measurements, dimensions, field construction criteria and
Site conditions for the performance of the Work and shall check
and coordinate the information contained in the Contract
Documents and the boring logs which shall be available for
inspection with the requirements of the Work. The Trade
Contractor shall be responsible for determining the exact
location of, and to verify, the spatial relationships of the
Work.
3.8 Record ("As Built") Drawings
3.8.1 The Trade Contractor shall keep on file at the Project site two
complete updated copies of the Contract Documents as issued for
construction and shall accurately note on such Contract Documents
all changes, revisions and additions thereto approved by the
Owner.
3.8.2 The Trade Contractor shall clearly and accurately show on such
Drawings the Work as installed and shall deliver the Drawings, as
so conformed and marked to show the Work "as built" ("As-Built
Drawings"), to the Owner upon the acceptance of the Work
following final inspection. The final As-Built Drawings furnished
by the Trade Contractor shall be on CADD discs in such format as
the Owner may request. Failure to furnish As-Built Drawings on
CADD as required shall result in a deduction from the final
payment due the Trade Contractor to enable the Owner to obtain
CADD drawings from another party.
3.9 Project Meetings
The Trade Contractor's project manager (appointed pursuant to Paragraph
5.1.2) shall attend and participate in all regular progress meetings and
special meetings as called by the Owner. Unexcused failure to attend such
meetings shall be deemed a default, entitling the Owner to the relief
provided by paragraph 12.1. The representatives of the Trade Contractor and
its subcontractors in attendance at any such meeting shall be senior
executives and shall have full authority to act
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with respect to all matters coming before the meeting.
3.10 Warranties and Guaranties
3.10.1 The Trade Contractor warrants and guarantees that all materials
and equipment furnished under the Contract Documents shall be
new, unless otherwise specified, and that all Work shall be of
first-class quality, free from improper workmanship and
defective materials and in conformance with the Contract
Documents.
3.10.2 The warranties and guaranties provided for in Paragraph 3.10.1
and in the Specifications shall be in addition to and not in
limitation of (a) the Trade Contractor's other obligations under
the Contract Documents or under applicable Laws, or (b) any
other rights and remedies available to the Owner under the
Contract Documents or under applicable Laws.
3.11 Performance Specifications
3.11.1 When work is described in the Drawings and Specifications
schematically or in a performance specification, the Trade
Contractor shall be responsible for the detailed design of such
Work in compliance with all applicable Laws and in conformity
with the architectural, structural and other requirements
indicated by the Drawings and Specifications. The detailed
design shall be subject to review and release for construction
by the Owner and its designers, and the Trade Contractor shall
prepare and submit such design, including progress documents, in
accordance with the Project Schedule. At the Owner's option, the
Trade Contractor shall not commence any Work referred to in this
Section until the required detailed design has been finally
accepted by the Owner.
3.11.2 If the Trade Contractor is responsible for detail design, it
shall prepare and file all drawings and other information
necessary for approval by governmental authorities with
jurisdiction over the Project, and shall procure such approval.
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3.12 Work by Subcontractors
3.12.1 Selection of Subcontractors
(a) Before any subcontractor is employed by any Trade
Contractor, the name of such Subcontractor shall be
submitted to the Owner in writing. The Owner shall then
have ten days to object to the Subcontractor, in the
absence of which the Subcontractor may be employed. An
objection by the Owner to a proposed Subcontractor shall
not result in an increase of the Price of the Work.
(b) The Owner's failure to object to a Subcontractor shall not
constitute a waiver of any rights of the Owner to insist on
the strict performance of the Trade Contract or any
Subcontracts.
3.12.2 All Subcontracts shall provide that the Subcontractor shall be
bound by all of the Contract Documents to the same effect as if
the Subcontractor were the Trade Contractor. The Trade
Contractor shall be fully responsible for all the work and acts
of its subcontractors and materialmen and all persons either
directly or indirectly employed by any of the foregoing.
3.12.3 The Subcontractors shall not have any claim or cause of action
against the Project, the Owner, the Project Manager, any member
of the Design Team, or other person representing or acting on
their behalf arising out of the Subcontracts or other
transactions.
3.12.4 The Subcontractors shall look only to the Trade Contractor for
payment or other remedy in the event of any dispute arising out
of the Contract Documents.
3.12.5 After employment of the Subcontractor, the Trade Contractor
shall submit to the Owner, two executed copies of every
Subcontract or purchase order and a copy of every revision,
amendment, modification or cancellation executed or issued by
the Trade Contractor with respect thereto.
3.13 Discharge of Liens
The Trade Contractor shall without any delay cause the discharge of any
mechanic's liens against the Project filed by any of its laborers,
Subcontractors or materialmen, and shall cause any such lien to be
discharged of record within fifteen days after the notice of filing
thereof by payment, deposit, bond, order by
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a court of competent jurisdiction or otherwise. If the Trade Contractor
shall fail to cause such lien to be discharged of record within such
period, the Owner may do so. Any amount paid by the Owner for such
purpose, including all costs and expenses, including reasonable attorneys
fees, plus interest at 1% per month, shall be paid by the Trade
Contractor to the Owner on demand. The Owner may at any time also require
the Trade Contractor to furnish a bond or other security, in a form and
amount satisfactory to the Owner as security for the payment of any such
liens.
3.14 Royalties and Patents
The Trade Contractor shall pay all royalties and license fees. The Trade
Contractor shall defend suits or claims for infringement of patent rights
and shall hold the Owner, the Project Manager, the Construction Manager
and the members of the Design Team harmless from loss on account thereof,
but shall not be responsible for such defense or loss when a particular
design, process or product of a particular manufacturer is required by
the Contract Documents. However, if the Trade Contractor has reason to
believe that the required design, process or product is an infringement
of a patent or copyright, the Trade Contractor shall be responsible for
such loss unless such information is promptly furnished to the Owner.
ARTICLE 4
THE DESIGN TEAM, PROJECT MANAGER
AND CONSTRUCTION MANAGER
4.1 General
The responsibilities and authority of the Design Team, the Construction
Manager, and the Project Manager are described in this Article and in the
parties' respective agreements. This description is provided for the Trade
Contractor's information only and does not give the Trade Contractor any
contractual rights against any member of the Design Team, the Project
Manager or the Construction Manager. The Duties of the Design Team, the
Construction Manager and the Project Manager may be changed without the
Trade Contractor's consent.
4.2 Site Visits
To the extent required by the Owner, together with the Project Manager and
Construction Manager, the members of the Design Team shall keep the Owner
informed of the progress and quality of the Work and shall endeavor to
guard the Owner against defects and deficiencies in the Work. No report by
a member of the Design Team shall constitute acceptance of any Work. The
Design Team, the
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Project Manager and the Construction Manager shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the construction of
the Project or for any failure of the Trade Contractor to comply with the
Contract Documents.
4.3 Interpretation and Clarification
Members of the Design Team shall interpret and, as necessary, clarify
Drawings and Specifications and prepare and issue supplemental drawings
and specifications when requested to do so by the Owner. The Construction
Manager shall forward such information and documents to the Trade
Contractor.
4.4 Coordination
The Trade Contractor has full responsibility for coordinating its work
with the work of other trades. The Construction Manager and the Design
Team shall monitor the preparation of composite shop drawings and shall
assist the Owner and the Trade Contractor in resolving any conflicts
caused by juxtaposition of the Work of the various trades that may become
apparent from the composite shop drawings.
4.5 Changes and Substitutions
All requests by the Trade Contractor for changes in the Work or
substitution of materials shall be submitted to the Owner through the
Construction Manager and shall be subject to the approval of the Owner.
When the Owner forwards such requests to appropriate members of the
Design Team, such members of the Design Team shall review them and act as
follows:
(a) If such changes or substitutions can be performed without
delaying progress of the Work and without increase in the
Trade Contract Price, the Construction Manager shall recommend
whether or not such request should be approved; or
(b) If such changes shall result in a delay of the Work or a
change in the Trade Contract Price, the Construction Manager
shall:
(i) advise the Owner of the extent of such delay and the
cost of such change or substitution and the amount of
the extra cost, or credit due, to the Owner, resulting
therefrom; and
(ii) recommend whether or not such change or substitution
should be approved.
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4.6 Final Review
The Trade Contractor shall advise the Owner when it believes that its Work
or a major portion thereof is substantially complete. Upon the Owner's
request, the Construction Manager and/or appropriate members of the Design
Team shall review such elements of the Work which appear to be complete
and shall advise the Owner whether or not such elements have been
completed in accordance with the Drawings and Specifications.
The Construction Manager and/or appropriate members of the Design Team
shall continue to inspect such element of Work as requested by the Owner
until it has been fully completed in accordance with the Drawings and
Specifications. When such Work has been fully completed in accordance
with the Drawings and Specifications, the Construction Manager and/or
appropriate members of the Design Team shall so advise the Owner.
4.7 Warranties, Guaranties and Manuals
The appropriate members of the Design Team and the Construction Manger
shall review all warranties, guaranties, certificates, operating manuals,
record drawings and other documents required under the Contract Documents
and shall advise the Owner whether or not they meet the requirements of
the Contract Documents.
4.8 Cooperation with the Construction Manager, Design Team
Design and Limits of their Authority
4.8.1 The members of the Design Team have no authority to incur
costs on behalf of the Owner. The Trade Contractor shall
notify the Owner and the Construction Manager in writing,
within five (5) days of any action of direction by the Design
Team or the Construction Manager which may increase the Trade
Contract Price.
4.8.2 The Trade Contractor shall cooperate with and provide all
necessary information to the Construction Manager, but neither
the Construction Manager nor the members of the Design Team
are authorized to modify or amend the Contract Documents; and
no communication with them or advise or instruction given by
them shall relieve the Trade Contractor of its obligations
under the Contract Documents. The Trade Contractor, the
members of the Design Team and the Construction Manager shall
keep the Owner fully informed of all communications with each
other by sending copies thereof to the Owner.
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ARTICLE 5
ADMINISTRATION, SUPERVISION AND SCHEDULING
5.1 Trade Contractor's Work Force
5.1.1 The Trade Contractor shall maintain on the Project at all
times a sufficient work force to carry out the Trade
Contractor's obligations in full and in an efficient and
timely manner. the Trade Contractor shall employ only fully
competent, skilled, reliable and honest workers who shall work
in harmony with other workers. The Owner shall have the right
to require the Trade Contractor to remove immediately and
permanently any employee or agent the Owner deems incompetent
or a hindrance to the proper progress of the Work.
5.1.2 The trade contractor acknowledges that the Owner may enter
into a site-wide labor agreement with all of the trades
performing work on the Project (the "Project Labor
Agreement"). The Trade Contractor agrees that, in such event,
it shall perform the Work on the Project in accordance with
the terms of such Project Labor Agreement.
5.1.3 The Trade Contractor shall appoint a fully competent,
experienced, reliable, diligent and honest supervisory staff,
who shall be responsible for the administration, coordination
and superintendence of the Work. The supervisory staff shall
include a project manager, a field superintendent and such
foremen as are necessary to carry out the Work, all of whom
shall be subject to the Owner's approval and shall be present
at the Site at all times while the Work is in progress. The
Trade Contractor shall not remove the project manager or field
superintendent without the Owner's prior consent and shall
replace either at the request of the Owner if his or her
performance is unsatisfactory to the Owner. Any successor must
be of an equal or higher standard of competency than the
person replaced and shall be subject to the Owner's approval
and to replacement as provided herein.
5.1.4 The Trade Contractor shall not employ any labor or materials
or allocate any portion of the Work to any trade or enter into
any agreement relating to employment of labor if such
employment, allocation or agreement may tend, in the opinion
of the Owner, to cause strikes, work stoppages, delays, or
other interference with the smooth progress of the Work.
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5.1.5 If a jurisdictional or other dispute involving the Trade
Contractor or its work force results in or threatens a work
stoppage or delay or other interference with the Work, the Trade
Contractor shall promptly take all measures available to it to
avoid any delay in the progress of the Work and to remove the
cause of such work stoppage of interference, including, but not
limited to, the seeking of injunctive relief.
5.1.6 The Trade Contractor shall maintain at all times the good order
and discipline of its employees and other persons under its
direction and control or present at the Project site in
connection with it Work, and shall adopt and enforce at all times
reasonable and effective regulations with respect to safety, fire
prevention, smoking, sanitation, noise, firearms, the use of
alcoholic beverages and drugs, and other activities that shall or
may constitute a danger of life, health or property or create a
dangerous or unsanitary condition or working environment.
5.2 Trade Contractor's Project Representative
5.2.1 The Project Representative appointed pursuant to Paragraph 5.1.3
shall receive all instructions, approvals, disapprovals and other
communications on behalf of the Trade Contractor and shall be
responsible for delivering all communications from the Trade
Contractor to the Owner through the Construction Manager.
Communications shall be effective only when delivered by, or to,
the representative so designated who shall have full authority to
act for and on behalf of the Trade Contractor.
5.2.2 All communications of Subcontractors concerning the Work shall be
directed only to the Trade Contractor, who shall be responsible
for all communication with the Owner.
5.3 Time of Performance
5.3.1 The Trade Contractor shall commence, perform and complete the
Work in strict accordance with any milestone dates or time
requirements set forth in the Trade Contract or established in
any schedule issued in accordance with Paragraph 5.3.2. TIME IS
OF THE ESSENCE OF THE TRADE CONTRACTOR'S PERFORMANCE OF ITS
OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. The Trade Contractor
shall be responsible for all direct and indirect damages arising
from delay in performing or completing the Work, including legal
fees and
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disbursements incurred by the Owner (whether incurred in
defending claims arising from such delay or in seeking
reimbursement and indemnity from the Trade Contractor and its
surety hereunder or otherwise). The Trade Contractor and its
surety shall and does hereby agree to compensate the Owner, the
Project Manager, the Construction Manager and members of the
Design Team for and indemnify them against all such costs,
expenses, damages and liability.
5.3.2 Subject to the Owner's approval, the Construction Manager shall
draw and keep current a schedule showing the times at which the
principal operations of each individual trade on the Project are
to be performed. Each Trade Contractor shall coordinate with the
Construction Manager in the preparation of such schedule and
shall promptly furnish to the Construction Manager any scheduling
information that the Construction Manager requires. The
Construction Manager shall review the schedule from time to time
in the light of actual conditions, subject to the Owner's
approval. All Trade Contractors shall perform their Work in
accordance with the schedule as prepared and revised from time to
time by the Construction Manager and approved by the Owner.
5.4 Compliance with Time Schedules
If, in the opinion of the Owner, the Trade Contractor fails to adhere to
the time schedule provided pursuant to Paragraph 5.3.2, in addition to any
other remedies the Owner may have, the Owner, through the Construction
Manager, may direct the Trade Contractor to work such overtime or add such
additional manpower as may be necessary to comply with the time scheduling,
and all costs incurred on account of such direction shall be borne entirely
by the Trade Contractor. Should the Trade Contractor fail to make up for
the time lost by reason of such delay, the Owner shall have the right to
cause other Trade Contractors to work overtime and to take whatever other
action it deems necessary to avoid delay in the completion of the Work and
of the Project, and the cost and expense of such overtime and/or such
action shall be borne by the Trade Contractor.
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ARTICLE 6
SHOP DRAWINGS, SAMPLES, PRODUCT DATA AND OTHER SUBMISSIONS
6.1 Approved Procedure for Shop Drawings, Samples and Product Data
6.1.1 Schedule for Submission and Review
The Trade Contractor shall cooperate with and provide all
necessary information to the Owner through the Construction
Manager in the preparation of a detailed schedule for preparation
and submission of shop drawings, samples and product data. The
schedule shall provide for appropriate turnaround times for both
preparation and review.
6.1.2 Submissions by the Trade Contractor
(a) Before performing any of the Work, the Trade Contractor shall
submit to the Construction Manager, or as otherwise directed by
the Owner, shop drawings, samples and product data for all
elements of the Work as required, showing or describing precisely
the Work to be performed. The shop drawings shall show the
arrangement of all elements of the Work in relation to the
architectural, mechanical, electrical, structural and/or other
drawings and shall provide for the proper functioning of all
systems and adequate access for maintenance.
(b) Each shop drawing shall contain the following information:
(1) The name of the Project.
(2) The name of the Trade Contractor or Subcontractor.
(3) The name of the firm or organization preparing the shop
drawing.
(4) The date of submittal.
(5) The number of the Shop Drawing.
(6) The number and date of each revision, if any.
(7) The applicable section of the Specifications.
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(8) The name of the person and/or persons who prepared
the shop drawing.
(c) Each sample shall be labeled, tagged or clearly identified
and shall be accompanied by a letter of transmittal
containing the following information:
(1) The name of the Project.
(2) The name of the Trade Contractor of Subcontractor.
(3) The name of the Subcontractor and/or supplier,
manufacturer, fabricator or processor.
(4) The trade designation and the grade or quality of the
material or product.
(5) The date of submittal.
(6) The specific identification of each sample.
(7) A precise reference to the section of the
Specifications wherein the material, product or
element of the Work is specified.
6.1.3 Form of Submissions
Shop drawings, samples and product data shall be in such form
and shall contain such detail as the Contract Documents shall
require for purposes of review. The Owner may specify the
particular procedures and requirements for the submission and
review of shop drawings, samples and product data. The quality
of the submissions shall be such that all prints, sepias or
copies submitted are clearly readable to the smallest detail.
Shop drawings shall be respoducible.
6.2 Verification and Coordination
6.2.1 Before submitting shop drawings, samples or product data, the
Trade Contractor shall verify all materials, field measurements
and construction criteria relating thereto and shall fully
coordinate its Work within the work of other contractors that
might be affected thereby.
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6.3 Review
The Trade Contractor shall not perform any portion of the Work covered
or affected by shop drawings, samples or product data until they have
been reviewed and returned to the Trade Contractor in accordance with
this Article 6. Such submittals shall be annotated in a manner similar
to the following:
(a) Reviewed and Accepted - means reviewed and acceptable
for construction, fabrication and/or manufacture subject
to the provision that the work as finally installed
shall be in accordance with the requirements of the
Contract Documents. Final acceptance of the Work shall
be contingent upon such compliance.
(b) Reviewed and Accepted as Noted - means, unless otherwise
noted on the drawings, reviewed and acceptable for
construction, fabrication and/or manufacture, subject to
the provisions that as finally installed it shall be
carried out in compliance with all annotations and/or
corrections indicated, and in accordance with the
requirements of the Contract Documents. Final acceptance
of the Work shall be contingent upon such compliance.
Drawings and product data must be resubmitted for the
Owner's and Design Consultant's record file with all
corrections clearly made in accordance with annotations
and corrections.
(c) Not Accepted, Revise and Resubmit - means that
deviations from the requirements of the Contract
Documents exist in the submittal. No work based on such
drawings shall be constructed, fabricated, manufactured
or installed. The Trade Contractor shall revise the
drawings to comply with the annotations, and pursuant to
all requirements of the Contract Documents, shall
resubmit the drawings in accordance with the Shop
Drawing Schedule.
6.4 Trade Contractor's Responsibility
The review and approval of shop drawings, samples and product data by
the Owner, the Construction Manager and the Design Team shall not
relieve the Trade Contractor of its responsibility to perform the Work
in accordance with the Contract Documents and schedules. Neither the
Owner nor the Design Team shall be responsible for any errors or
omissions or other defects in shop drawings, samples or product data.
The Trade Contractor shall not be relieved of responsibility therefor by
the Owner's, the Construction Manager's or the Design Team's review of
any submission.
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6.5 Compliance with Drawings and Specifications
Shop drawings, samples and product data shall meet the requirements of
the Drawings and Specifications and applicable Laws. The Trade Contractor
shall include with any submission of shop drawings, samples and product
data, a clear description of the extent, if any, to which such
submissions do not meet those requirements, and the reasons therefor. In
the event the Trade Contractor fails to identify and describe deviations
from the Drawings and Specifications, it shall remain responsible for
failing to adhere to the Contract Documents.
6.6 "Or Equal" Materials or Substitutions
6.6.1 Any request by the Trade Contractor for the approval of
equivalent materials when the Contract Documents provide for
the use of a specified item "or equal" shall be in the form of
the submission of shop drawings, samples or product data
pursuant to this Article 6 and shall be accompanied by
sufficient information to assure the Owner that the proposed
substitution (a) is equal in quality, aesthetic effect and
serviceability to the specified item, (b) shall not require
modification of the Contract Documents or changes in other
work, (c) shall not result in a cost disadvantage to the
Owner, (d) shall be protected by guaranties and warranties at
least as stringent as those originally provided for, and (e)
shall be in conformity with the intent of the Contract
Documents.
6.6.2 If specified materials are not available or if the Trade
Contractor believes that alternative materials would better
meet the Owner's requirements, the Trade Contractor shall
submit a request for substitution of materials in accordance
with Paragraph 6.6.1
6.6.3 The decision whether or not to accept an equivalent item or a
substitution shall be entirely within the discretion of the
Owner.
6.6.4 Any fees of members of the Design Team or other costs and
expenses incurred by the Owner as a result of a request for
substitutions or alternatives shall be borne by the Trade
Contractor.
6.7 Preliminary Submissions
Whenever the Specifications do not specifically identify an item to be
installed, the Trade Contractor may submit to the Owner, before the
submission of required shop drawings, samples and product data, a list of
manufactured items that the Trade Contractor proposes to install, together
with the manufacturer's
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specifications, descriptive data and other information sufficient to
enable the Owner to determine if such items are suitable for installation
in the Project. The Owner, through the Construction Manager, shall advise
the Trade Contractor whether or not the items proposed are suitable for
installation. Such submission and notification shall be in addition to,
and not in lieu of, submission of shop drawings, samples of product data
for review as provided in this Article 6, and is intended solely for the
convenience of the Trade Contractor and to assist the Trade Contractor in
the selection of items for installation in the Project. The failure of the
Owner to reject an item on such list shall not prejudice the right of the
Owner, the Construction Manager or the Design Team to reject shop
drawings, samples or product data, if any, subsequently submitted or to
reject items on the basis of such shop drawings, samples or product data.
6.8 Testing
In connection with the review of any submission made pursuant to this
Article 6, the Owner may require the Trade Contractor to perform or
provide for tests or submit reliable test results to demonstrate fully
the suitability and sufficiency of any design or material proposed by the
Trade Contractor for incorporation in the Project or any method or means
of construction that the Trade Contractor proposes to use in connection
with the Work.
ARTICLE 7
CONSTRUCTION PRACTICES AT THE SITE
7.1 Contractor's Responsibility for Construction Methods
7.1.1 The Trade Contractor shall be solely responsible for the
means, methods, sequences or techniques of construction and
for the safe performance of the Work, provided that the Trade
Contractor shall not use any means, methods, sequences or
techniques of construction if such methods or means shall or
are likely to:
(a) endanger any person or property or the Work;
(b) unreasonably cause or contribute to a delay in the progress of
the Work or a conflict with the Work of others;
(c) result in a failure to perform the Work in accordance with the
Contract Documents or these General Conditions; or
(d) conflict with the requirements of applicable Laws.
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7.1.2 If the Contract Documents provide for the review of means and
methods of construction, the Trade Contractor shall submit
proposed means and methods of construction in the form of shop
drawings pursuant to Article 6 to the Construction Manager or
as otherwise directed by the Owner.
7.2 Security and Safety
7.2.1 Security
(a) The Trade Contractor shall be solely and fully responsible for
the protection and security of its Work and its own personnel,
materials, supplies, tools, vehicles and equipment, whether on
or off the Project site. The Owner and others may provide
guards, watchmen or other security at the Project site but
shall not be under any obligation to do so and by doing so
shall not assume any responsibility to the Trade Contractor,
its employees or any other person.
(b) The Trade Contractor shall coordinate its security program
with those of the Owner and other contractors.
7.2.2 Safety Requirements
The Trade Contractor shall be responsible for the safe
condition of its Work, the safety and protection of its work
force and any matters affected, either directly or indirectly
by the performance of the Trade Contractor's Work. The Trade
Contractor shall at all times comply with all applicable and
safety and loss prevention requirements of all insurance
carriers and all governmental authorities having jurisdiction,
including the Occupational Health and Safety Administration of
the United States Department of Labor and, if required by the
Contract Documents, comply with the Special Conditions
pertaining to the Work.
7.2.3 Safety Measures
The Trade Contractor shall take all measures necessary to
assure that its activities shall not at any time endanger the
safety of the general public or the premises surrounding the
Project site or any utilities, sewers or facilities or other
structures on or near the Project site, including without
limitation the Delaware Aqueduct
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which runs under the Project site at a depth not less than 200
feet from the surface.
7.2.4 Safety Devices
The Trade Contractor shall provide and maintain all necessary
barriers, barricades, fences, warning signs, fire prevention
and other usual or required measures and safeguards for the
protection of health, safety and property.
7.3 Report of Accidents
The Trade Contractor shall promptly report to the Owner in writing any
accident occurring on or off the Project site that relates to the Trade
Contractor's Work and in no event later than twenty-four hours after such
accident occurs and shall, in addition, immediately give notice by
telephone or messenger of any accident resulting in death or serious
personal injury or property damage. Such report shall include all known
details of the circumstances, the nature and extent of any injuries or
property damage, the names of all witnesses and other persons who may
have knowledge of the circumstances of the accident and such other
details as the Owner or its insurers shall require.
7.4 Trade Contractor's Responsibility in Emergencies
7.4.1 In the event of an emergency threatening life, health or
property, the Trade Contractor shall immediately take such
action as may be directed by the Construction Manager, or if
the Construction Manager is not present on the site, as may be
reasonable and necessary under the circumstances to save lives
and protect persons from injury and, this being done, to
protect and preserve property.
7.4.2 The Trade Contractor shall notify the Construction Manager and
the Owner of such emergency immediately, by telephone or
messenger, or if this is not possible, as promptly as is
practicable under the circumstances.
7.5 Signs
The Trade Contractor shall not display any sign, trademark or other
advertisement on or about the Project site without the consent of the
Owner.
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ARTICLE 8
INSPECTION, CORRECTION AND ACCEPTANCE OF THE WORK
8.1 Tests and Inspections
8.1.1 Required Tests and Inspections
All inspections, tests and approval of any means or methods of
construction or material or workmanship required by the
Specifications or by applicable Laws shall be performed by
independent consultants and at such times as the Owner shall
approve.
8.1.2 Optional Tests and Inspections
The Owner may require testing or inspection not required by
the Specifications or by applicable Laws to determine whether
any means or methods of construction or material or
workmanship are acceptable under the Contract Documents.
8.1.3 Conduct of Tests and Inspections
The Trade Contractor shall furnish samples of all materials
and component parts of the Work required as test specimens in
connection with any tests or inspections. The Trade Contractor
shall furnish labor and facilities as necessary in connection
with testing and inspection services. All samples, labor and
facilities shall be furnished by the Trade Contractor and all
inspections and testing shall be done in a timely manner so as
to avoid any delay in the progress of the Work.
8.1.4 Payment of Costs of Tests and Inspections
(a) The Trade Contractor shall pay the cost of all tests and
inspections referred to in Paragraph 8.1.1, including the cost
of related labor and facilities, except tests and controlled
inspections required by authorities with jurisdiction over the
Project or other applicable Laws.
(b) If any tests or inspections conducted pursuant to Paragraph
8.1.2: (i) are conducted in order to determine the
acceptability under the Contract Documents of Work that the
Owner has reason to suspect is not acceptable because similar
or related Work has been found to be defective or because
improper construction procedures have been followed, or (ii)
disclose that any methods or means of
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construction or material or workmanship are not acceptable
under the Contract Documents, the Trade Contractor shall pay
the costs of such tests and inspections, including the cost of
related labor and facilities.
8.1.5 Uncovering and Re-covering the Work
The Trade Contractor shall, when instructed to do so by the
Owner, uncover any portion of the Work that has been covered
to permit inspection or testing of such Work. If such Work had
been covered in violation of the requirements of Paragraph
7.5, the Trade Contractor shall bear the cost of uncovering
and re-covering the Work, whether or not the Trade Contractor
is required under Paragraph 8.1.4 to pay the costs of the
testing and inspection. If the covering of the Work was not in
violation of Paragraph 7.5, the costs of uncovering and
re-covering shall be paid by the person who is required by
Paragraph 8.1.4 to pay the costs of the testing and
inspection.
8.1.6 No Waiver by Owner
The acceptance of any Work after inspection or testing
pursuant to this Paragraph 8.1 shall not constitute acceptance
of any element or component of the Project of which such Work
is a part, nor shall any acceptance of Work pursuant to this
Paragraph 8.1 relieve the Trade Contractor of its
responsibility to complete the Work and warrant and guarantee
the completed Work in accordance with the Contract Documents.
8.2 Access to Work
The Owner, the Construction Manger, the Project Manager, the Design Team,
and all inspectors and representatives of testing laboratories conducting
tests or inspections pursuant to Paragraph 8.1, shall at all times have
access to the Work wherever it is being carried out. The Trade Contractor
shall provide or arrange for proper and safe facilities for such access
and for tests and inspections at the Project site, the place of
manufacture, the place of storage or any other place where testing or
inspection of the Work may be appropriate.
8.3 Repair and Replacement of Defective Work
8.3.1 The Trade Contractor shall, at its own cost and expense:
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(a) Before the Work is completed, either repair or replace, as the
Owner shall direct, any Work found to have been performed or
installed in violation of the Contract Documents; and
(b) Either repair or replace at its own expense, as the Owner
shall direct, any Work found to be defective or nonconforming
within the applicable warranty period provided in the
Specifications for the repair or replacement of defective
Work, or, if no period is specified, within a period of one
year from the delivery of the Certificate of Final Completion
pursuant to Paragraph 8.6.2.
8.3.2 The Trade Contractor shall repair at its own expense any
damage to its own Work or to the Work of any other contractor
caused by such repair or removal and replacement and shall
bear the cost of fees of the Construction Manager or members
of the Design Team which may have been made necessary as a
result of any defective Work.
8.3.3 If the Trade Contractor does not repair or replace the
defective or nonconforming Work within three days of written
notice, the Owner may remove it and may store the materials or
equipment at the expense of the Trade Contractor. If the Trade
Contractor does not pay the cost of such removal and storage
within ten days thereafter, the Owner may upon ten additional
days' written notice sell such materials or equipment at
auction or at private sale. The Owner shall account for the
net proceeds thereof, after deducting all the costs that
should have been borne by the Trade Contractor, including
compensation for additional services rendered by the Design
Consultant. If the proceeds of the sale do not cover all the
costs which the Trade Contractor should have borne, the
difference shall be charged to the Trade Contractor and an
appropriate Change Order shall be issued reflecting a decrease
in the Trade Contract Price. If the payments then or
thereafter due the Trade Contractor are not sufficient to
cover this amount, the Trade Contractor shall pay the
difference to the Owner.
8.3.4 Notwithstanding the provisions of this Paragraph 8.3, at the
Owner's option, it may accept defective or nonconforming Work,
in lieu of requiring its removal and correction. In such
event, a Change Order will be issued to reflect an appropriate
reduction in the Trade Contract Price, or, if the amount is
determined after final payment, it shall be paid by the Trade
Contractor to the Owner.
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8.4 Stop Work Orders
If the Trade Contractor fails to correct defective Work, persistently
fails to carry out the Work in accordance with the Contract Documents or
is otherwise in default thereunder, the Owner, by written order, may
direct the Trade Contractor to stop the Work, or any portion thereof,
until the cause for such order has been eliminated either by the Trade
Contractor or by the Owner pursuant to Section 12.3.
8.5 Further Construction Before Completion
The Owner may undertake further construction at the Project before the
Work has been completed. Such action shall not constitute acceptance of
the Work or a waiver of any claim against the Trade Contractor.
8.6 Acceptance of Work
8.6.1 Substantial Completion
(a) When, in the estimation of the Trade Contractor, the Work is
substantially complete, it shall so notify the Owner, setting
forth the proposed date of substantial completion. The Owner
may require review of the Work by the Construction Manager or
appropriate members of the Design Team pursuant to Article 4
of these General Conditions.
(b) Should the Owner find that, to the best of its knowledge and
belief, the Work is substantially complete, the Owner shall
deliver to the Trade Contractor a Certificate of Substantial
Completion and a punchlist of Work remaining to be completed,
specifying the date of substantial completion if different
from that proposed by the Trade Contractor.
8.6.2 Final Completion
(a) When, in the estimation of the Trade Contractor, the Work is
fully complete, including all punchlist work, it shall so
notify the Owner, setting forth the proposed date of final
completion. The Owner may require additional review of the
Work by the Construction Manager or appropriate members of the
Design Team until the punchlist work is completed to the
Owner's satisfaction.
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(b) Should the Owner find that, to the best of their knowledge and
belief, the Work is fully complete, the Owner shall deliver to
the Trade Contractor a Certificate of Final Completion,
specifying the date of final completion if different from that
proposed by the Trade Contractor, which shall constitute final
acceptance of the Work by the Owner.
(c) The delivery of a Certificate of Final Completion shall not
terminate or alter that Trade Contractor's guarantees and
obligation under the Contract Documents to complete the Work
and to fulfill all terms and conditions thereof.
8.6.3 Owner's Occupancy Prior to Final Completion
(a) After acceptance of the Work or portions thereof, the Owner
shall have the privilege of occupying and using such area or
areas in advance of completion of the entire Work, provided
such occupancy and use of such areas shall not unduly
interfere with the construction operations nor unduly delay
completion of the entire Work. In the event that the Owner
desires to exercise the privilege of partial occupancy prior
to completion of the entire Work as provided above, the Trade
Contractor shall cooperate with the Owner in making available
for the Owner's use required building services for the area or
areas to be occupied; and if the equipment required to furnish
such services is not entirely completed at the time the Owner
desires to occupy the aforesaid area or areas, the Trade
Contractor shall make every reasonable effort to complete the
same as soon as possible to the extent that the necessary
equipment can be put into operation and use.
(b) The Owner shall assume proportionate and reasonable
responsibility for operation of the equipment and utilities
required to provide the above services, in part or in total,
including proportionate and reasonable expenses of operation
incidental thereto. The Owner's occupancy or use of such areas
at the Project shall not constitute the Owner's acceptance of
any work, materials or equipment which are not in accordance
with the requirements of the Contract Documents, nor for
responsibility for loss or damage due to or arising out of
defects in, or malfunctioning of any work, material or
equipment, nor from any other unfulfilled obligations or
responsibilities under the Contract Documents.
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ARTICLE 9
CHANGES IN WORK
9.1 Unauthorized Changes Prohibited
The Trade Contractor shall perform the Work in strict accordance with the
Contract Documents, provided that, at the Owner's option, the scope of the
Work as defined in the Contract Documents or the Trade Contractor's time
of performance may be changed by written instruction issued by the Owner
as provided in this Article 9.
9.2 Change Orders
9.2.1 The Owner may, from time to time, change the scope of the Trade
Contractor's Work by written Change Order or Field Instruction to
the Trade Contractor specifying the change. Any adjustment to the
Trade Contract Price, if applicable, resulting from such change
shall be determined as provided in Paragraph 9.5.
9.2.2 The issuance of a Change Order does not entitle the Trade
Contractor to an extension of time, unless expressly provided by
the Owner. The issuance of a Field Instruction in itself does not
constitute a scope change.
9.2.3 The Owner may, from time to time, change the Contractor's time
for performance by Change Order. If a change in the time for
performance results from a cause that also entitles the Trade
Contractor to an adjustment in the Trade Contract Price, the
change in the Trade Contract Price shall be determined as
provided in Paragraph 9.5.
9.2.4 The Owner may, from time to time, request the Trade Contractor to
furnish the Owner with an estimate of the change in the Trade
Contract Price and the change in the Trade Contractor's time for
performance that would result from a contemplated change in the
scope of the Work. Within five days after receipt of such a
request, the Trade Contractor shall deliver to the Owner a
statement of the amount of the change in its Trade Contract Price
and change in its time for performance, if any, that would result
from the change, if effected. In no event shall such a request
constitute an authorization to the Trade Contractor to proceed
with the work described therein.
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9.3 Overtime
The Trade Contractor shall not be entitled to additional compensation for
Work performed outside normal working hours unless agreed to in writing in
advance by the Owner. Additional compensation for overtime shall be in the
amount of the overtime premium only, with no markup or other allowance.
9.4 Compliance with Owner's Instructions and Notice
9.4.1 Upon the receipt of written instructions from the Owner pursuant
to Paragraph 9.2, the Trade Contractor shall proceed to perform
the Work in accordance with such instructions and otherwise in
accordance with the Contract Documents, even if the amount of
additional payment or credit or the extent of any change in Trade
Contractor's time for performance, if any resulting from such
Work has not yet been determined and even if the Owner and the
Trade Contractor disagree as to whether the Trade Contractor is
entitled to additional payment or an extension of time for
performing such Work.
9.4.2 THE TRADE CONTRACTOR SHALL HAVE NO CLAIM FOR ADDITIONAL
COMPENSATION OR FOR AN EXTENSION OF TIME FOR PERFORMING WORK
ORDERED PURSUANT TO THIS ARTICLE 9 UNLESS THE TRADE CONTRACTOR
NOTIFIES THE OWNER IN WRITING OF THE TRADE CONTRACTOR'S CLAIM
BEFORE BEGINNING TO PERFORM SUCH WORK.
9.5 Payment or Credit for Scope Changes
9.5.1 The Trade Contractor shall be compensated for a change in the
scope of the Work in accordance with the following procedures,
which are listed in their order of priority:
(a) By any applicable lump sum, unit price, time and material or cost
plus basis already specified in the Trade Contract; or
(b) If the Trade Contract contains no applicable formula, by means of
a lump sum, unit price, time and material or cost plus basis
negotiated by the Owner and the Trade Contractor at the time the
change is ordered by the Owner; or
(c) In the event the Trade Contractor and the Owner cannot reach
agreement under Subparagraph (b), the Trade Contractor's
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compensation shall be limited to the actual cost of the labor and
material required to perform the Work done, or the estimated cost
of the labor and materials that would have been required to
perform the Work omitted, plus an allowance of 12% to cover all
overhead costs and profit of the Trade Contractor. If one or more
Subcontractors are performing the Work, the Trade Contractor's
total allowance for overhead and profit (including the cost of
the Subcontractor's work) shall be 15%. For purposes of this
Article 9: (i) the "cost of material" shall be the actual net
payments to suppliers after taking into account any discounts
allowed or allowable with respect thereto for material or
equipment installed or used in connection with the Work; and (ii)
the "cost of labor" shall be actual payments to the Trade
Contractor's or Subcontractor's employees, other than home office
employees and field executives, performing such additional Work,
including normal fringe benefits. The Trade Contractor
acknowledges that these allowances fully compensate the Trade
Contractor and its Subcontractors for all costs associated with
the General Conditions.
9.5.2 When a change results in a deletion of the Work from the Trade
Contract, a credit shall be issued by the Trade Contractor to the
Owner in an amount equal to the actual cost of the labor and
material deleted as defined in Paragraph 9.5.1(c) above, plus 4%
of such cost of the credited labor and material.
9.6 Changed and Unknown Conditions
9.6.1 The Trade Contractor shall promptly notify the Owner in writing
of: (1) work or other conditions differing materially from those
indicated in the Contract Documents, (2) unknown physical
conditions of an unusual nature, differing materially from those
indicated and generally recognized as inhering in work of the
character provided for in the Trade Contract, or (3) unavoidable
Excusable Delays. The Contractor shall notify the Owner of such
circumstances no later than two days after it becomes aware of
them. Together with such notice, the Trade Contractor shall
furnish an estimate of any additional cost and/or time required
to complete its Work as a direct result of such changed or
unknown conditions. If requested by the Owner, the Trade
Contractor shall submit an acceleration plan to recover any delay
in completion of the Work. The Owner shall promptly investigate
the conditions, and if it finds that such conditions do
materially so differ and cause an increase or decrease in the
Contractor's cost of, or the time required for, performance of
any part of the Work under the
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Trade Contract, the Trade Contractor shall be paid in the manner
provided for payment with respect to any Change Order and
receive, if warranted, a time extension.
9.6.2 NO CLAIM OF THE TRADE CONTRACTOR UNDER THIS CLAUSE SHALL BE
ALLOWED UNLESS TRADE CONTRACTOR HAS GIVEN THE NOTICE REQUIRED IN
PARAGRAPH 9.6.1 ABOVE.
9.7 Time and Material, Cost-Plus and Unit Price Work
9.7.1 When Work is performed on a time and material, cost-plus or unit
price basis, the Trade Contractor shall (i) before performing
such Work, submit a detailed projection of the anticipated cost
of such Work, and (ii) submit weekly reports to the Owner
detailing the costs and charges incurred in performing such Work.
9.7.2 Any request for a change order or purchase order for work
performed on a time and material, cost-plus or unit price basis
shall include a certified statement by the Trade Contractor
specifying in sufficient detail the costs incurred or units of
Work done, together with such supporting documentation as the
Owner shall reasonably require to determine the amount actually
due for such Work.
ARTICLE 10
PAYMENT
10.1 Payment for Materials
10.1.1 The Owner shall not make payment for materials purchased by the
Trade Contractor for installation in the Project until such
materials have been installed.
10.1.2 Notwithstanding Paragraph 10.1.1, the Owner, at the Owner's sole
option, may make payment for materials before installation, if
the Trade Contract so provides or otherwise at the Owner's sole
option, but then only if such materials have been delivered to
and safely protected at the Project site or some other secure
place acceptable to the Owner, and title to such materials has
been transferred to the Owner, or the Owner has been given a
perfected senior security interest in such materials, all
documented to the Owner's satisfaction before payment. If such
materials are held
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off-site, the Owner shall insure them, as provided in Appendix C,
against loss or damage and shall pay or make satisfactory
arrangement for the payment of all costs of insurance and
delivery to the site. [Confirm wrap-up covers off site materials]
10.2 Progress Payments
10.2.1 Payment and Retainage
The Owner shall make progress payments to the Trade Contractor
for Work performed in accordance with the Contract Documents.
Such progress payments shall be based on the actual progress of
the Work, as approved by the Owner, and on the Trade Contract
Price as adjusted by Change Orders, if any issued in accordance
with Paragraph 9.2.1. The Owner shall retain 10% of the amount
of each progress payment. The Owner, in its discretion, may not
require additional retainage after 50% of the Trade Contractor's
work is completed. Any amount retained by the Owner under this
Paragraph 10.2.1 on account of any Trade Contractor shall be paid
when final payment on account of such Trade Contractor is made
pursuant to Section 10.3. Progress payments shall be made within
thirty days after the submission by the Trade Contractor of a
request therefor complying with the requirements of Paragraph
10.2.2. Payment for Work pursuant to this Paragraph 10.2.1 shall
not constitute acceptance of such Work or relieve the Trade
Contractor of its responsibility to complete and guarantee the
Work in accordance with the Contract Documents.
10.2.2 Application for Payment
The Trade Contractor shall submit monthly applications for
progress payments, based on Work in place, not later than the
fifth day of each calendar month. Each application shall include
material invoices, evidence of equipment purchases, rentals and
other details of cost as the Owner shall require and in form and
content as required by the Owner. With each application, the
Trade Contractor shall submit the written consent of any surety
or guarantor, if required, and written releases and waivers of
the right to file a mechanic's lien from the Trade Contractor and
all Subcontractors with respect to all Work for which payment has
been made. Each application shall also include or be deemed to
include a certification by the Trade Contractor that:
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(1) All work for which the application is being submitted has
been performed in accordance with the Contract Documents.
(2) The materials for which such application is being submitted
have been (i) installed or incorporated in the Project or
(ii) if authorized pursuant to paragraph 10.1.2, delivered
to the site or held at approved off-site locations and
insured in accordance with Appendix A.
(3) No mechanic's, laborer's, vendor's, materialman's or other
liens are in effect with respect to the Project or any of
the materials incorporated therein or purchased in
connection therewith.
(4) The names and addresses of all Subcontractors, the
Subcontract amount of each Subcontract, and the amounts paid
and owed to each Subcontractor.
(5) The Trade Contract Price, including all adjustments, the
amount paid by the Owner to the Trade Contractor and the
amount retained by the Owner to the date of application, the
amount of the current application and the balance due on the
Trade Contract Price after such payment is made.
(6) Satisfactory evidence that all Subcontractors and laborers
have been paid all amounts advanced for their accounts in
previous progress payments.
(7) The application includes all claims of the Trade Contractor,
accrued or existing as of the date of the application,
against the Owner and the Project relating to the Contract
Documents and the Work.
(8) Such other information as the Owner may reasonably request
to determine if the amount requested is payable.
10.3 Final Payment
10.3.1 Time of Application
The Trade Contractor shall submit its applications for final
payment within thirty days after the Owner, pursuant to Paragraph
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8.6.2, has determined that the Work has been fully completed in
accordance with the Contract Documents.
10.3.2 Contents of Application
Applications for final payment shall contain the information required in
applications for progress payments specified in paragraph 10.1 and shall
include or be deemed to include, in addition, the following:
(1) A certification by the Trade Contractor that all Work has been
completed in accordance with the Contract Documents.
(2) A certification by the Trade Contractor that all warranties,
guaranties, certificates, operating manuals and other documents
required by the Contract Documents, have been delivered to the
Owner.
(3) A certification by the Trade Contractor confirming the warranty and
guaranty set forth in Paragraph 3.10.
(4) A certification by the Trade Contractor that the application for
final payment includes all claims of the Trade Contractor against
the Owner and the Project relating to the Contract Documents and
the Work.
(5) The As-Built Drawings maintained by the Trade Contractor pursuant
to Paragraph 3.8, certified by the Trade Contractor to be complete
and accurate.
(6) Written releases and waivers of the right to file a mechanic's lien
from the Trade Contractor and all Subcontractors with respect to
the Work.
(7) Any additional evidence the Owner may require that all
Subcontractors and laborers have been paid.
(8) A certification by the Trade Contractor that any required
inspections or approvals by any governmental authority having
jurisdiction have been performed or obtained, all certificates and
permits required to have been issued as a condition precedent to
the lawful use of the Project have
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been issued and the originals thereof have been furnished
by the Owner.
(9) A general release from the Trade Contractor to the Owner,
the Project Manager, the Construction Manager and the
members of the Design Team of all liability for all things
done or furnished in connection with the Work and for
every act or omission or neglect of the Owner, Project
Manager, the Construction Manager and the members of the
Design Team relating to or arising out of the Work or the
Project.
(10) The Certificate of Final Completion, pursuant to
Paragraph 8.6.2.
10.3.3 The Time of Final Payment
Provided the Trade Contractor is not otherwise in default of its
obligations under the Contract Documents, the Owner shall pay
to the Trade Contractor within thirty days after the submission
by the Trade Contractor of its application for payment complying
with the requirements of Paragraph 10.3.2 the balance of the
Trade Contract Price due for the Work, together with any amount
retained by the Owner.
10.3.4 Release
Acceptance by the trade contractor of the Final Payment shall
constitute a release of the Owner, the Project Manager, the
Construction Manager and the members of the Design Team from all
liability for all things done or furnished in connection with
the Work, and for every act of omission or neglect by the Owner,
the Project Manager, the Construction Manager and members of the
Design Team relating to or arising out of the work.
10.4 Owner's Right to Withhold Payments
10.4.1 The Owner may withhold from any payment to the Trade Contractor
the amount of any back charges and such amounts as the Owner
reasonably determines may be necessary to secure performance of
the Work in accordance with the Contract Documents, to assure
payment of just claims or liens or otherwise to protect itself
from any default by the Trade Contractor under the Trade
Contract, if any report of members of the Design Team, the
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Project Manager or the Construction Manager states or the Owner
reasonably determines that:
(a) The Work is defective and the defects have not been
corrected;
(b) The Trade Contractor has not promptly paid all amounts
due to Subcontractors and laborers;
(c) The Trade Contractor or any Subcontractor or laborer has
filed a mechanic's lien against the Project, and the
Trade Contractor has not seen to the discharge of such
lien in accordance with Paragraph 3.13;
(d) The Owner requests that the Trade Contractor give
satisfactory evidence that it has the financial ability
to carry out its obligations under the Trade Contract,
and the Trade Contractor fails to furnish such evidence
promptly;
(e) The Trade Contractor has caused damage to the Project or
the work of any other contractor or has delayed the
progress of the Work;
(f) Claims have been filed against the Trade Contractor or
reasonable evidence indicating the probable filing or
making of claims;
(g) Reasonable doubt that the Work can be completed for the
unpaid balance of the Trade Contract price;
(h) Unsatisfactory prosecution of the Work by the Trade
Contractor;
(i) Unauthorized deviations from the Contract Documents;
(j) The Trade Contractor is otherwise in default under the
Contract Documents;
(k) The Trade Contractor has not maintained insurance
coverages as required by the Owner;
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(l) The Trade Contractor has failed to update its Project
schedule as required by the Owner; or
(m) The Trade Contractor has not updated its As-Built
Drawings as required by the Owner.
10.5 Trade Contractor's Books and Records
The Trade Contractor shall keep complete and accurate records of (a) all
costs incurred in performing its Work under the Contract Documents; (b)
all purchases of materials made while the Trade Contract is in effect and
(c) all estimates, full supporting documentation and all other documents
and records prepared or used in connection with the Work, and shall make
its books and records available to the Owner for audit and copying. No
amount to be determined under the Contract Documents shall be payable by
the Owner unless such records are kept and until such records have been
made available for audit and copying if requested by the Owner. The Trade
Contractor shall keep such books and records available for audit and
copying for six years following final payment to the Trade Contractor.
10.6 Defective Work
No payment made to the Trade Contractor nor any partial or entire use or
occupancy of the Project by the Owner shall be an acceptance of any work
or material not in accordance with the Contract Documents or be deemed
evidence of proper performance of the Work, either wholly or in part, or
be construed as an acceptance of defective workmanship or improper
materials.
10.7 Trust Funds
All payments made to the Trade Contractor hereunder are hereby declared
to be Trust Funds in the hands of the Trade Contractor, to be applied
first to the payment of claims of Subcontractors, Architects, Engineers,
Surveyors, Laborers, Materialmen, labor unions and union dues, the
payment for utilities furnished and taxes imposed, and the payment of
premiums on surety bonds and premiums on insurance obtained during
performance of the Work before application to any other purpose.
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** Confidential treatment requested pursuant to Rule 406
ARTICLE 11
INSURANCE AND INDEMNITY
11.1 Insurance
The Trade Contractor and its Subcontractors shall fully comply with the
insurance requirements pursuant to the Owner's wrap-up insurance program
for the Project set forth in Exhibit B and any additional insurance
requirements which may be required by the insurance carrier furnishing
such wrap-up coverage for the Project and by the Trade Contract. The
Trade Contractor and its subcontractors shall maintain automobile
liability coverage, covering owned and hired vehicles, including bodily
injury and property damage coverage in an amount not less than
** per occurrence and in the aggregate.
11.2 Indemnity
11.2.1 To the fullest extent permitted by law, the Trade Contractor
shall defend, indemnify and hold harmless Swiss Re Investors,
Inc., Swiss Re America Holding Corporation, Swiss Reinsurance
America Corporation, Swiss Re America Life Insurance Company,
the Project Manager, the Construction Manager, the members of
the Design Team and each officer, director, shareholder,
partner, agent and employee thereof, against all claims, losses
and damages, including reasonable attorneys' fees and
disbursements, arising out of, in connection with, or as a
consequence of the performance of the Work, and/or any negligent
or wrongful act, error or omission or breach of contract or
infringement of any patent right by the Trade Contractor or any
Subcontractor or any officer, director, shareholder, partner,
agent or employee thereof in connection with the Contract
Documents.
11.2.2 Maintenance of the insurance required by the Trade Contractor or
wrap-up coverage by the Owner shall not, in any manner, limit
the Trade Contractor's obligations hereunder. In any and all
claims against any indemnities by any employee of the Trade
Contractor, or anyone directly or indirectly employed by the
Trade Contractor or by anyone for whose acts it may be liable,
the indemnification obligation of the Trade Contractor shall not
be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Trade
Contractor under workers' compensation acts, disability benefits
acts or other employee benefit acts.
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11.2.3 Assistance
Should any claim arising out of the Contract Documents be made
against the Owner, the Project Manager, the Construction
Manager, or any member of the Design Team, or any member,
partner, director, officer, agent or employee thereof, the Trade
Contractor and its Subcontractors shall diligently render to the
person against whom such claim is made any and all assistance
that may be requested by such person.
ARTICLE 12
DEFAULT, TERMINATION, CLAIMS AND DISPUTES
12.1 Grounds for Termination
12.1.1 (a) If the Trade Contractor shall fail satisfactorily to
commence and continue to perform its obligations under the
Contract Documents, the Owner may without prejudice to any
other remedy the Owner may have, give the Trade Contractor
written notice that it must cure such default within
forty-eight hours; and, if such default is not so cured, the
Owner may terminate the Trade Contract.
(b) If the Trade Contractor, after receiving notices given
under Subparagraph 12.1.1(a), states before the expiration
of the notice period that it refuses to perform the
obligations listed in the notice, the Owner may immediately
terminate the Trade Contract.
(c) The Owner may terminate the Trade Contract without giving
the Trade Contractor the notice specified in Paragraph
12.1.1(a) if the Trade Contractor refuses or willfully or
repeatedly fails to carry out its obligations.
12.1.2 If the Trade Contractor shall fail to pay its debts in a timely
manner or if the Trade Contractor becomes insolvent, or if the
Owner shall have reason to believe that the Trade Contractor
does not have the financial ability to carry out its obligations
under the Contract Documents, and the Trade Contractor shall
fail to give to the Owner prompt and reasonable assurance of its
ability to perform, the Owner may terminate the Trade Contract.
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12.1.3 If there shall be filed by or against the Trade Contractor in any
court pursuant to any statute of the United States or of any
State, a petition in bankruptcy or insolvency or for
reorganization or for the appointment of a receiver or trustee of
all or a portion of the Contractor's property, or if the Trade
Contractor shall make an assignment for the benefit of creditors
or petition for or enter into a creditors' arrangement, the Owner
may, to the fullest extent permitted by law, terminate the Trade
Contract in accordance with this Paragraph 12.1.3. Upon the
occurrence of any such event, the Owner shall be entitled to
request of Trade Contractor or its trustee or other successor
adequate assurances of future performance. Failure to comply with
such request within ten (10) days of delivery of the request
shall entitle the Owner, in addition to any other rights and
remedies provided by this Agreement or by law, to terminate this
Agreement. Pending receipt of adequate assurances of performance
and general performance in accordance herewith, the Owner shall
be entitled to perform and furnish through itself or through
others any such labor, materials or equipment for the Work as may
be necessary to maintain the progress of the Work and to deduct
the cost thereof from any monies due or to become due to the
Trade Contractor under this Agreement. In the event of such
bankruptcy proceedings, this Agreement shall terminate if the
Subcontractor rejects this Agreement or if there has been a
default and the Trade Contractor is unable to give adequate
assurance that it will perform as provided in this Agreement or
otherwise is unable to comply with the requirements for assuming
this Agreement under the applicable provisions of the Bankruptcy
Code.
12.1.4 In the event the Project is abandoned, as determined by the
Owner, it may terminate the Trade Contract.
12.1.5 The Owner shall have the right, at any time, by written notice to
the Trade Contractor, to terminate the Trade Contract without
cause and require the Trade Contractor to cease work hereunder.
In the event of such a termination for convenience, the Trade
Contractor shall be entitled to payment pursuant to the terms of
the Trade Contract for all Work performed as of the date of
termination, together with reasonable costs of demobilization and
such other reasonable costs as may be encountered by the Trade
Contractor and directly attributable to such termination.
However, the Trade Contractor shall only be entitled to profit on
that portion of the work actually performed and approved for
payment to the date of termination, together with Retainages held
upon payments
42
50
made prior thereto. The Trade Contractor waives any other claim
for payment from the Owner, including without limitation, claims
for loss of anticipated profits in the event the Owner exercises
this clause.
12.2 Effect of Termination
12.2.1 If the Trade Contract is terminated for any reason, the Owner may
take possession of the Work and may provide for the continuation
and completion of the Work in such manner as the Owner sees fit.
The Owner may use any or all materials, equipments, facilities or
tools acquired or used by the Trade Contractor in connection with
the Work, subject to payment therefor pursuant to Paragraph
12.2.2.
12.2.2 If the Trade Contract is terminated for any reason, the Owner
shall pay to the Trade Contractor the amount payable to the Trade
Contractor for that portion of the Work performed by the Trade
Contractor in accordance with and subject to the Contract
Documents prior to termination, and for the use of any materials,
equipment, facilities or tools of the Trade Contractor used by
the Owner in connection with the continuation or completion of
the Work. Such payment shall be made in accordance with Article
10. The Owner may set off against any payment due hereunder the
amount of damages incurred or anticipated by the Owner by reason
of any default by the Trade Contractor.
12.2.3 Upon the termination of the Trade Contract for any reason, all
bids or proposals and all Subcontracts entered into by the Trade
Contractor with respect to the Project shall, at the Owner's
option, be assigned to and assumed by the Owner or a person
designated by the Owner without the need for any action by the
Trade Contractor, or any Subcontractor or person submitting a bid
or proposal, and all such persons shall continue to be bound by
their bids, proposals and Subcontracts.
12.2.4 Neither the termination of the Trade Contract nor any payment
made upon such termination shall constitute acceptance of the
Trade Contractor's Work nor relieve the Trade Contractor of its
obligations under the Contract Documents.
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12.3 Owner's Right to Perform Trade Contractor's Obligations Without Termination
12.3.1 If the Trade Contractor fails satisfactorily to commence and
continue to perform any of its obligations under the Contract
Documents, the Owner, after forty-eight hours' written notice to
the Trade Contractor and without prejudice to any other remedy
the Owner may have, may carry out all or any of the obligations
of the Trade Contractor, either directly or through others, and
charge the cost thereof to the Trade Contractor.
12.3.2 If the Trade Contractor, after receiving notice give under
Xxxxxxxxx 00.0.0, xxxxxx before the expiration of the notice
period that it refuses to perform the obligations listed in the
notice, the Owner may immediately proceed to act as provided in
Paragraph 12.3.1.
12.3.3 The Owner may act as provided in Paragraph 12.3.1 without giving
the Trade Contractor the notice specified therein if the Trade
Contractor refuses or willfully or repeatedly fails to carry out
its obligations.
12.3.4 If the Owner performs a portion of the Trade Contractor's Work
pursuant to this Section 12.3, the Trade Contractor shall
continue to perform the balance of its Work, and shall cooperate
fully and in good faith, and coordinate its Work with the Owner
and any others performing such portion of the Work, and shall
make available to the Owner or such other person, all equipment,
machinery and other facilities on hand and in use for the
performance of its Work, to enable the whole of the Work to
proceed in accordance with the Contract Documents.
12.4 Notice and Waiver of Contractor's Claims
12.4.1 Notice of Claims
The Trade Contractor shall give notice to the Owner of any claim
against the Owner or any other member of the Project Team,
including any claim for an increase in the Trade Contract Price,
and extension in the Trade Contractor's time to perform, damages
for breach of contract, or compensation for the value of
construction or services outside the scope of the Contract
Documents.
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12.4.2 Time of Notice - Waiver of Claims - Documentation
NOTICE OF CLAIM FOR ADDITIONAL COMPENSATION FOR WORK ORDERED
PURSUANT TO ARTICLE 9 OR FOR CONSTRUCTION OR SERVICES CLAIMED TO
BE OUTSIDE THE SCOPE OF THE CONTRACT DOCUMENTS SHALL BE GIVEN
BEFORE THE TRADE CONTRACTOR BEGINS PERFORMANCE OF THE
CONSTRUCTION OR SERVICES IN QUESTION. THE ONLY EXCEPTION SHALL BE
LIFE THREATENING EMERGENCIES. NOTICE OF CLAIM FOR AN EXTENSION OF
TIME OR ADDITIONAL COMPENSATION FOR DELAY SHALL BE GIVEN WITHIN
TWO DAYS AFTER THE SUBCONTRACTOR HAS KNOWLEDGE OF THE
CIRCUMSTANCES GIVING RISE TO THE CLAIM. FAILURE BY THE TRADE
CONTRACTOR TO GIVE NOTICE OF A CLAIM WITHIN THE TIME SPECIFIED
SHALL CONSTITUTE A WAIVER BY THE TRADE CONTRACTOR OF SUCH CLAIM.
AS PROMPTLY AS POSSIBLE AFTER A NOTICE OF CLAIM HAS BEEN GIVEN,
THE TRADE CONTRACTOR SHALL SUBMIT TO THE OWNER A DETAILED
STATEMENT OF CLAIM.
12.5 Delay Claims
12.5.1 If the Trade Contractor is obstructed, hindered or delayed in the
commencement, prosecution or completion of the Work, without
fault on its part, by the Owner, the Design Consultants any other
Trade Contractor employed by the Owner, or by changes in the
Work, or by reason of unknown conditions (including those
specified in Paragraph 9.6), adverse weather conditions, fire,
lightning, earthquake, enemy action, act of God, or similar
catastrophe, or by government restrictions in respect to
materials or labor, or by an economic industry-wide strike or
lockout beyond the Trade Contractor's reasonable control (all of
which shall be deemed "Excusable Delays") then the sole and
exclusive remedy of the Trade Contractor shall be to notify the
Owner of such Excusable Delays and to proceed in accordance with
the procedures specified in Paragraph 9.6.
12.5.2 In the event the Trade Contractor seeks to make claim for
additional compensation on account of delays not contemplated and
provided the notice required by Paragraph 12.4.2, and either (a)
the Owner acquiesces in the claim or (b) a court of competent
jurisdiction determines the Trade Contractor may recover
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additional compensation for delay, such compensation shall be
limited to an adjustment of the Trade Contract Price to cover the
actual additional costs resulting from such delay, to the extent
provided in Paragraph 9.5, without regard to any other claimed
damages, whether direct, indirect, consequential, incidental or
otherwise.
12.6 Limitation of Action
No action arising out of the Contract Documents shall be maintained by the
Trade Contractor against the Owner (except a third party action,
counterclaim or crossclaim) unless such action is commenced within twelve
months after the date on which the Trade Contractor's application for final
payment is due in accordance with Paragraph 10.3.1.
12.7 No Interruption for Dispute
In the event of a dispute between the Owner and the Trade Contractor or
between the Trade Contractor and any other person with respect to the Work,
the Project or the Contract Documents, the Trade Contractor shall continue
to perform its obligations under the Contract Documents without
interruption or delay, pending the resolution or settlement of such
dispute; and the Trade Contractor shall not directly or indirectly stop or
delay the performance of the Work, including the delivery of materials to
the site.
12.8 Litigation Assistance
The Trade Contractor will assist the Owner and the Owner's attorneys at no
charge, in connection with all legal proceedings arising out of the Work or
related thereto by, among other things, appearing at hearings, depositions
and trials.
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EXHIBIT A
THE DESIGN TEAM
55
DESIGN TEAM
--------------------------------------------------------------------------------
Design Architect: Schnabil, Ammsoft, Ruchat, Xxxx
Architekten BSA & Partners AG
Contact: Xxxx. Xxxx Xxxxxxxx or Xxxxx Xxxx, Proj. Mgr.
Xxxxxxxxxxxxxxxx 000, 0000 Xxxxxx XXXXXXXXXXX
TEL: 000 000 000 0000
FAX: 000 000 000 0000
Email: XXXXXXX@XXXXXX.XX
Contact: Xx. Xxxxxx Xxxx, Consulting Architect
00 Xxxxxx Xxxxxx
Xxxxxxx, Xxxxxxx X0X 0X0
TEL: 000-000-0000 FAX: 000-000-0000
Email: XXX.XXXXXX@XXXXXXXX.XX
--------------------------------------------------------------------------------
Construction Document Xxxxxxx Associates
Architect: Contact: Mr. J. Esgby, Partner
Xx. Xxx Xxxxxx, Project Manager
0 Xxxxxxxxxx Xx.
Xxxxxxx, Xxxxxxx X0X 0X0
TEL: 000-000-0000 FAX: 000-000-0000
Email: XXXXXXX@XXXXXXXX.XXX
--------------------------------------------------------------------------------
Structural Engineer: Xxxxxx Partnership Inc.
Contact: Xx. Xxxxxx Xxxxxxxx, Partner
Xx. Xxxx Xxxxxx
000 Xxxxx Xx. Xxxx, Xxxxx 000
Xxxxxxx, Xxxxxxx
X0X 151
TEL: 000-000-0000 FAX: 000-000-0000
Email: XX0@XXXXXX.XXX
--------------------------------------------------------------------------------
M E P Consultants: Xxxxxxxxx Associates:
Contact: Xx. Xxxxxx Mass, Partner
Xx. Xxxxxxxx Xxxxxxxx, Partner
Xx. Xxxxx Xxxxxx, Project Mgr. (Mechanical)
Xx. Xxx XxXxxxx (Plumbing & Fire Prot.)
Xx. Xxxxxx Xxxxxxxxx (Electrician)
Xxx Xxxxxxxxxxxx Xxxxx
Xxx Xxxx, XX 00000
TEL: 000-000-0000 FAX: 000-000-0000
Email: XXX@XXXXXXXXX.XXX (Drawings)
XXXXXXX@XXXXXXXXX.XXX (Corres.)
--------------------------------------------------------------------------------
Civil Engineer and Olynay Xxxx Xxxxxxxx
Liaison with D E P: Contact: Mr. J. Xxxxxxx Xxxxxx
Xx. Xxxxx Xxxxxxxx
Mr. Xxxx Xxxxx
0 Xxxxx Xxxxxxxx
Xxxxx Xxxxxx, XX 00000
TEL: 000-000-0000
FAX: 000-000-0000
--------------------------------------------------------------------------------
Off-Site Traffic Xxxx Xxxxxxx Engineer, P.C.
Engineer: Contact: Xx. Xxxx X. Xxxxxxx
00 Xxxxxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
TEL: 000-000-0000 Fax 000-000-0000
Email: XXXXXXXXXX@XXX.XXX
--------------------------------------------------------------------------------
Surveyor: Badey & Xxxxxx
Contact: Mr. Glannen X. Xxxxxx
Xxxxx 0
Xxxx Xxxxxx, XX 00000
TEL: 000-000-0000 FAX: 000-000-0000
--------------------------------------------------------------------------------
56
--------------------------------------------------------------------------------
Geotechnical Consultant: Lancen Associates
Contact: Xx. Xxxxxx Levands
Mr. Xxxx XxXxxxx, Project Manager
Xxxxx Xxxxx Xxxxxx Xxx, 0xx Xxxxx
Xxxxxxx Xxxx, XX 00000
TEL: 000-000-0000 FAX: 000-000-0000
Email: XXXXXXXX@XXXXXX.XXX
--------------------------------------------------------------------------------
Hydrogeologist: Xxxxxx Xxxxxxxxx Environmental Consultants (SSEC)
Contact: Xx. Xxxxxx Xxxxxxxxx
00 Xxxx Xxxx Xxxx
Xxxxxxxx,XX 00000
TEL: 000-000-0000
FAX: 000-000-0000
Email: XXXXXXX@XXXXXXX.XXX
--------------------------------------------------------------------------------
Accoustic Consultant: Cerami & Associates
Contact: Xx. Xxxx Xxxxxxx/Xx. Xxxxxxxx Xxxxxx
000 Xxxxx Xxxxxx
Xxx Xxxx, XX 00000-0000
TEL: 000-000-0000 FAX: 000-000-0000
--------------------------------------------------------------------------------
Cost Consultant: Wolf & Co.
Contact: Xx. Xxxxxxx Xxxxxxx
X.X. Xxx 000, Xxxxx 00 & 00
Xxxxxxxx Xxxxxx Xxxx.
Xxxxxxx, XX 00000-0000
TEL: 000-000-0000 FAX: 000-000-0000
--------------------------------------------------------------------------------
Interior Designer; IJu & Xxxxx
Contact: Ms. Xxxxxxx Iu, Principal
00 Xxxx 00xx Xxxxxx
Xxx Xxxx, XX 00000
TEL: 000-000-0000 FAX: 000-000-0000
Email: XX0XXXXX@XXX.XX.
All Correspondence, Etc., To:
Perking & Will
Contact: Mr. Xxx Xxxxxxxx, Project Manager
0 Xxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, XX 00000
TEL: 000-000-0000 FAX: 000-000-0000
Email: XXXXXXXXX@xx.xxxxxxx-xxxx.xxx
--------------------------------------------------------------------------------
Curtain Wall Consultant: Xxxxxx Xxxxxx & Associates
Contact: Xx. Xxxxxxx Xxxxx
000 Xxxxxxx Xxxxxx
Xxx Xxxx, XX 00000
REL: 000-000-0000 FAX: 000-000-0000
--------------------------------------------------------------------------------
Elevator Consultants X.X. Xxxxx & Associates Limited
Contact: Xxxxxx X. Xxxxxx, Project Engineer
Xx. Xxxx Xxxxxxxxx
0000 Xxxxxx Xxxxxx
Xxx Xxxxx, Xxxxxxx
X0X 0X0
TEL: 000-000-0000 FAX: 000-000-0000
--------------------------------------------------------------------------------
Environmental Consultants: Xxxxxxxx, Brashars & Xxxxxx, Inc.
Contact: Xx. X.X. Xxxxxxxx
000 Xxxxxx Xxxxxxx
Xxxxxxxx, XX 00000
TEL: 000-000-0000 FAX: 000-000-0000
--------------------------------------------------------------------------------
57
--------------------------------------------------------------------------------
Technology Consultant Electronic Systems Associates
00 Xxxx 00xx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, XX 00000
Contact: Xxxxxx Xxxxxxxx, Proj. Manager
TEL: 000-000-0000
FAX: 000-000-0000
Email: xxxxxxxxx@XXX.xxx
--------------------------------------------------------------------------------
Security Consultant Electronic Systems Associates
00 Xxxx 00xx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, XX 00000
Contact: Xxxxxx Xxxxxxx, Group Vice President
TEL: 000-000-0000
FAX: 000-000-0000
Email: xxxxxxxx@XXX.xxx
--------------------------------------------------------------------------------
Lighting Consultant Xxxxx Xxxxx Lighting Design
00 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Contact: Xxxxx Xxxxx
Xxx Xxxxx, Project Manager
TEL: 000-000-0000
FAX: 000-000-0000
--------------------------------------------------------------------------------
58
EXHIBIT B
INSURANCE COVOERAGE
59
** Confidential treatment requested pursuant to Rule 406
SWISS RE AMERICA WRAP UP PROJECT
INSURANCE PROVIDED BY SWISS RE UNDER THE WRAP UP
Swiss Re has secured specific insurance coverage for Project Manager,
Construction Manager, Contractor, and Subcontractors of all tiers performing
Work at the Jobsite. The insurance does not apply to vendors, suppliers,
material dealers, or others who merely transport, pick up, deliver or carry
materials to or from the jobsite.
ONLY THE FOLLOWING INSURANCE SET FORTH IN (a), (b) AND (c) BELOW IS PROVIDED BY
SWISS RE UNDER THE WRAP UP.
o Workers' Compensation Insurance
Workers' Compensation Insurance in statutory limits for the State of New
York. Employers Liability limits of ** Each Accident/ **
Disease Each Employee/ ** Disease Policy Limit are also provided.
INDEPENDENT TRUCKERS/HAULERS WILL NOT BE INSURED UNDER THE OWNERS PROGRAM.
o Commercial General Liability Insurance
Commercial General Liability insurance (EXCLUDING AUTOMOBILE, ASBESTOS AND
PROFESSIONAL LIABILITY) applying to all Insureds jointly and with the
following limits:
** Per Occurrence Each Insured
** Completed Operations Aggregate
** Personal & Advertising Injury
** General Aggregate All Insureds Annually
THIS INSURANCE WILL NOT EXTEND COVERAGE FOR PRODUCTS LIABILITY TO ANY
INSURED PARTY, VENDOR, SUPPLIER, MATERIAL DEALER OR OTHERS FOR ANY PRODUCT
MANUFACTURED, ASSEMBLED OR OTHERWISE WORKED UPON AWAY FROM THE JOBSITE.
o Umbrella Liability Insurance Limits will be provided to match your Umbrella
up to your present limits
Excess Liability Insurance (EXCLUDING AUTOMOBILE, ASBESTOS, AND
PROFESSIONAL LIABILITY), COVERING ALL INSUREDS JOINTLY.
Page 2
60
o Builder's Risk Insurance - Provided by SWISS RE:
Swiss Re will maintain an All Risk Policy throughout the life of the
project insuring all property incorporated in the Project.
WE RECOMMEND THAT THE CONTRACTOR AND SUBCONTRACTORS OF ALL TIERS HAVE THEIR
INSURANCE AGENT REVIEW THE COVERAGES PROVIDED BY SWISS RE. IT IS THE
RESPONSIBILITY OF THE CONSTRUCTION MANAGER, CONTRACTOR AND SUBCONTRACTORS OF
ALL TIERS TO MAINTAIN, AT THEIR SOLE OPTION AND COST, ANY ADDITIONAL INSURANCE
THEY DEEM NECESSARY AND/OR, IN LIEU OF EXCLUDING COVERAGE FOR THIS PROJECT FROM
THEIR ONGOING LIABILITY INSURANCE PROGRAM, THAT THEY HAVE THEIR COMMERCIAL
GENERAL LIABILITY POLICY AND THEIR UMBRELLA/EXCESS LIABILITY POLICY ENDORSED TO
THE EFFECT THAT INSURANCE PROVIDED UNDER THE WRAP UP.
THE COVERAGES REFERRED TO ABOVE ARE SET FORTH IN FULL IN THE RESPECTIVE POLICY
FORMS, AND THE FOREGOING DESCRIPTIONS ARE NOT INTENDED TO BE COMPLETE.
FOR FURTHER INFORMATION PLEASE CALL:
XXXXXXX XXXXXXX OR XXXXX XXXXXXX
AT 0-000-000-0000 OR 212-797-9600
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** Confidential treatment requested pursuant to Rule 406
SWISS RE AMERICA WRAP UP PROJECT
INSURANCE TO BE PROVIDED BY CONTRACTORS/SUBCONTRACTORS
Project Manager, Construction Manager, Trade Contractor and all tiers of
Subcontractors shall at all times during the period in which the Contract is in
force and effect, provide and maintain the following insurance at their own
expense:
(a) Automobile Liability Insurance covering all owned, non-owned and hired
automobiles, trucks and trailers. In limits not less than **
Combined Single Limit each occurrence for Bodily Injury and Property
Damage.
(b) Commercial General Liability Insurance for Operations away from the
jobsite including products liability for any product manufactured,
assembled or otherwise worked upon away from the jobsite. The total
available limits combined shall not be less than ** general
aggregate limit and ** aggregate products and completed
operations.
(c) Workers' Compensation Insurance in statutory limits of the Workers'
Compensation Law of the State of New York, and ** Each
Accident/ ** Disease - Policy Limit/ ** Disease Each Employee
Employers Liability coverage for all Work away from the jobsite.
(d) CONTRACTORS AND SUBCONTRACTORS OF ANY TIER SHALL REQUIRE THEIR RESPECTIVE
VENDORS, SUPPLIERS, MATERIAL DEALERS AND OTHERS WHO MERELY TRANSPORT,
PICKUP, DELIVER OR CARRY MATERIALS, PERSONNEL, PARTS OR EQUIPMENT OR ANY
OTHER ITEMS OR PERSONS TO OR FROM THE JOBSITE TO MAINTAIN INSURANCE AS
SPECIFIED IN (a) THROUGH (c) OF THIS SECTION, ABOVE.
(f) The WRAP UP includes coverage for completed operations for three years
after the date of acceptance by Owner of the Work. It is the
responsibility of the Construction Manager, Contractor and Subcontractors
to arrange for the continuation of completed operations coverage with
their own insurance agent and insurer after termination of completed
operations coverage under the WRAP UP.
(g) Any Contractor or any Subcontractor utilizing mobile equipment not
scheduled in their auto policy should review this coverage with their
agent and/or insurer. The WRAP UP will not provide coverage for liability
claims or damage to the mobile equipment itself arising out of the
operation of mobile equipment that has been scheduled under the
Contractor's or Subcontractor's automobile policy.
(h) Contractor and all Subcontractors shall maintain insurance on their owned
or leased equipment, tools, trailers, etc. The Builders' Risk Policy
excludes coverage for this property.
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(a) FORM 1
SWISS RE AMERICA CORP./CORPORATE HEADQUARTERS FACILITIES
ARMONK, NY
FORM 1
Page 1
1. Name: ____________________________________________________________________
2. Address: _________________________________________________________________
3. Telephone: Area Code (___) No.: ______________________________________
4. Federal Employer ID#: ____________________________________________________
5. Project Field Representative Insurance/Risk Manager
Name: __________________________________ ________________________________
Address: _______________________________ ________________________________
Telephone: _____________________________ ________________________________
6. Brief Description of Work Performed
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
7. Estimated Start Date of Jobsite Activities: ______________________________
8. Estimated Completion Date of Jobsite Activities: _________________________
WORKERS' COMPENSATION DATA
9. Classification 10. Code 11. Payroll 12. Man-hours
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
*Include only the estimated jobsite payrolls to be directly performed by your
company (and not by your Subcontractors) for the period coverage is provided.
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63
FORM 1
Page 2
13. WC Exp. Modification _____________ Anniversary Rating Date________________
Workers' Compensation Bureau Risk No._____________________________________
14. Location of payroll records: _____________________________________________
15. Estimated Contract Amount: _______________________________________________
16. Contract Number/Award Date: ______________________________________________
17. PRESENT INSURANCE COVERAGE
Workers' Compensation General Liability
Insurer: __________________________ _________________________
Policy No. __________________________ _________________________
Agent/Broker: __________________________ _________________________
Address: __________________________ _________________________
__________________________ _________________________
Account Executive: __________________________ _________________________
Telephone: __________________________ _________________________
18. ADDITIONAL MISCELLANEOUS DATA
18a. Is your firm a prime Contractor with the State of New York?
[ ] Yes [ ] No
18b. If your firm is a Subcontractor, the name of your prime Contractor is:
__________________________________________________________________________
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64
19. If your firm anticipates that some of the Work to be done under your
contract will be subcontracted to others, indicate the names and addresses
of the firms which will an as your Subcontractors (attach additional pages
if necessary):
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
20. Is your firm a Joint Venture subsidiary and/or a division of another
company?
[ ] Yes [ ] No
If you are a subsidiary and/or a division of another company you must
complete an ERM 14 Form.
If you are a participant as a Joint Venture partner you must complete an
ERM 14 Form.
CERTIFICATION
I certify that the statements in this Request for Insurance are true to the
best of my knowledge. Your firm's Workers' Compensation loss experience
incurred on this project is reported annually to the Bureau and is used to
promulgate your experience modification factor.
21. _______________________________ _______________________________
Officer Title
_______________________________
Date
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65
ADDITIONAL PROVISIONS/SCOPE OF WORK
Curtainwall
A. DOCUMENTS AND POLICIES:
This Trade Contractor agrees to perform all the work necessary to provide
CURTAINWALL for the Swiss Re America U.S. Headquarters Project located in
North Castle, NY in strict accordance with the following documents:
1. List of attached Contract Documents for Swiss Re America U.S.
Headquarters Project:
x. XXXXXX CONSTRUCTION COMPANY'S List of Contract Drawings and
Specifications for the CURTAINWALL for the Swiss Re America U.S.
Headquarters Project dated 03/10/97. (Attachment 'A')
NOTE #1: This Trade Contractor shall be responsible for all
information contained in the Contract Drawings and Specifications as
related to your work. If the Contract Drawings and Specifications
conflict, then the greater quantity and quality shall apply.
NOTE #2: It is agreed and understood that the Contract Documents are
not complete, however this Trade Contractor has included all costs to
provide a complete job consistent with the design intent.
x. XXXXXX CONSTRUCTION COMPANY'S Curtainwall Milestone Schedule for
the Swiss Re America U.S. Headquarters Project dated 04/23/97.
(Attachment 'B')
c. Special Provisions for all Trade Contractors and Vendors for the
Swiss Re America U.S. Headquarters Project dated 03/19/97.
(Attachment 'C')
d. Curtainwall Erection Sequence dated 03/19/97 and Swiss Re America
Logistics Plans for phases 3.5-8 for the Swiss Re America U.S.
Headquarters Project. (Attachment 'D')
e. Specifications for Temporary Light and Power for Construction
Purposes dated 03/19/97. (Attachment 'E') - This item is
furnished and installed by others.
2. List of referenced Xxxxxx Construction Company's forms and policies
that are hereby specifically made part of the Contract Documents:
a. Safety and Hazardous Communication Program for Swiss Re America
U.S. Headquarters Project dated 01/24/97.
b. AIA Document A312; Payment and Performance Bonds Forms.
c. The Xxxxxx Corporation's Policy on Drugs and Alcohol Abuse (for
Turner Employees) dated 01/16/96.
d. Swiss Re Investors, Inc. General Release (final payment).
x. Xxxxxx Construction Company's Corporate Affirmative Action
Program. (This trade contractor shall abide by Xxxxxx
Construction Company's Corporate Affirmative Action Program) rev
08/94.
**NOTE**: By signing this agreement, the trade contractor
acknowledges that he has read these referenced documents and will
unconditionally abide by its terms and conditions.
Page 1 of 10
66
** Confidential treatment requested pursuant to Rule 406
ADDITIONAL PROVISIONS/SCOPE OF WORK
Curtainwall
3. SEXUAL HARASSMENT: Xxxxxx Construction Company has always stressed a
discrimination free working environment and has stated policy on sexual
harassment which prohibits any form of sexual harassment by employees and
non-employees on our job sites. All trade contractors, suppliers and/or
vendors are required to comply with this policy and any and all other
requirements of the New York Employment Practices Act.
4. All pricing submitted by Trade Contractors and Vendors, including pricing
of change orders, alternates, and unit pricing, shall include all things
necessary for a complete installation of the work. This includes, but is
not limited to, all labor, materials, tools, bond premiums, shop drawings,
allowances for waste, equipment, shipping costs, handling, storing,
hoisting, riggings, distribution, protection of materials, fringe benefits,
taxes, overhead, profit, insurance, etc.
5*. The allowable combined percentage xxxx-up for overhead and profit on direct
costs of changes when work is performed by the Trade Contractor shall be
**. This same percentage shall be allowed for any changes performed by
Sub-trade contractors and ** may be added by the trade contractor to the
Sub-trade contractor's estimate. The total on all tiers shall not exceed
** in the aggregate.
*SEE RIDER 'A' ITEM #1
In the case of change orders involving deletions for the work or other cost
savings, the deductions from the Contract Sum shall be at ** and
shall include an additional deduction of ** for general conditions and **
for profit. Markups shall be applied to the total net value of any change
or group of changes.
6. The following are hourly wage rates for performing extra work on a time and
material basis and shall be valid for the life of the project. These rates
are fully loaded (including benefits, taxes, insurance, overhead and
profit, bond costs, small tolls, travel, parking, and any other costs
associated with labor, etc.) and are in accordance with the union wage
agreement of the trade having jurisdiction in areas where the work is
performed. NOTE: Further, no xxxx-up shall be allowed on the premium time
portion of the wage rate.
FOREMEN Straight Time Time & One Half Double Time
------- ------------- --------------- -----------
Operator Not Applicable per Flour City Architectural Metals, Inc.
Ironworker ** ** **
Sheetmetal Not Applicable per Flour City Architectural Metals, Inc.
Xxxxxxx ** ** **
Engineer/Draftsperson ** ** n/a
JOURNEYMEN Straight Time Time & One Half Double Time
---------- ------------- --------------- -----------
Operator Not Applicable per Flour City Architectural Metals, Inc.
Ironworker ** ** **
Sheetmetal Not Applicable per Flour City Architectural Metals, Inc.
Xxxxxxx ** ** **
Engineer/Draftsperson ** ** n/a
Page 2 of 10
67
ADDITIONAL PROVISIONS/SCOPE OF WORK
CURTAINWALL
B. TAXES, BONDS, INSURANCE, ETC.
1. PAYMENT AND PERFORMANCE BONDS ARE BEING FURNISHED as part of this
subcontract Agreement. Payment and performance bonds will be AIA
form A312-1984. (Surety must appear on the Current U.S. Treasury
Federal Register) Furthermore, the following shall apply:
Trade contractor and its Surety hereby agrees to execute and deliver
to Swiss Re Investors, Inc. in connection with the issuance of
change orders under this Agreement Rider "A" amendments (form
attached hereto) increasing the amount (penal sum) of the
performance and payment bonds to be furnished by Trade Contractor as
provided in this Agreement when Trade Contractor is requested by
Swiss Re Investors, Inc. to do so. The reasonable premium or other
charges paid by Trade Contractor for the procurement of the Rider
"A" amendments requested by Swiss Re Investors, Inc. will be paid as
a change to this Agreement.
2. NEW YORK STATE SALES AND USE TAXES ARE EXCLUDED in accordance with
the laws and statutes of the State of New York. A TAX EXEMPTION
CERTIFICATE/PERMIT NO. WILL BE HELD BY THE SWISS RE INVESTORS, INC.
WHICH ENABLES ALL LABOR AND MATERIAL TAXES TO BE EXEMPT. This
Certificate/Permit No. to follow under separate cover and made part
of this agreement.
3. This Trade Contractor shall provide and maintain all insurance's as
required and referenced in the Insurance Coverage Section, Exhibit
"B" of the General Conditions. ANY AND ALL INSURANCE'S REQUIRED TO
BE PROVIDED BY THIS TRADE CONTRACTOR VIA THE WRAP UP INSURANCE
POLICY (EXHIBIT 'B' OF THE GENERAL CONDITIONS) DOCUMENT MUST BE
PROVIDED BY THIS TRADE CONTRACTOR VIA AN ACCEPTABLE INSURANCE
CERTIFICATE PRIOR TO COMMENCEMENT OF THE WORK. IN ADDITION, ANY/ALL
INSURANCE'S LISTED IN THE ADDITIONAL PROVISION/SCOPE OF WORK (i.e.,
ERRORS AND OMISSIONS INSURANCE/PROFESSIONAL LIABILITY) NOT
SPECIFICALLY ADDRESSED IN THE WRAP UP INSURANCE POLICY MUST BE
PROVIDED VIA AN ACCEPTABLE INSURANCE CERTIFICATE PRIOR TO
COMMENCEMENT OF THE WORK.
C. SCOPE OF WORK
Without the intent of limiting the Scope of Work to be performed by the
Trade Contractor, included in the complete design, furnishing and
installation of the CURTAINWALL SYSTEM, in accordance with the Contract
Documents and as further clarified herein:
1. Includes performing all the Curtainwall Work in accordance with he
Contract Documents and the following Specification Sections as they
relate to the foregoing work:
08900 - Curtainwall Systems (ATTACHMENT 'F')....................... dated 03/07/97
Xxxxxx Construction Company Addendum #1 (ATTACHMENT 'G')........... dated 03/31/97
DESIGN INTENT
2. Provide all necessary labor, material, scaffolding, equipment,
tools, hoisting, transportation, storage, and other facilities required
by and reasonably inferred from the contract documents to provide a
complete and watertight Curtainwall system.
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ADDITIONAL PROVISIONS/SCOPE OF WORK
CURTAINWALL
3. It is understood and agreed that the work to be contracted is of a
DESIGN/BUILD nature, and that the Curtainwall trade contractor has been
selected on the basis of his proven ability to design and construct an
acceptable system consistent with the intent of the contract documents,
and the contractor's understanding of what is involved in construction of
this type. The drawings and specifications provided herewith represent
the minimum standards for the level of materials to be installed under
this contract. It is understood that this contract is for a complete
project in every respect, and includes all items of work inferable from
plans as determined by the Architect, work which is required by Federal,
State, or local code including seismic provisions, and work which complies
with good construction practice and the state of the art of the industry.
The trade contractor, having certain skills and judgments based upon his
knowledge of techniques, procedures, systems, and general state of his
trade is expected to include in the scope of work all items required in
order to carry out the Architect's and Construction Manager's intent for a
complete and functional system whether or not shown or described in the
contract documents. No extra payments shall be made or claims entertained
as a result of such items, which in the Owner's Representative's,
Construction Manger's and the Design Consultant's opinion are
clarifications and should have been included in this trade contractor's
scope of work.
4. All required design services shall be furnished by a qualified Registered
Professional Engineer currently certified in the State of New York, whose
stamp shall appear on the design documents. The Curtainwall contractor
shall give all notices and comply with all applicable laws, building
codes, ordinances, regulations and orders of any public authority bearing
on the design or construction of the work.
5. The Curtainwall contractor is responsible for a complete exterior wall
system in conformance with the details, profiles, and aesthetics
specified in the drawings, specifications and bid documents.
6. Furnish and install any additional supporting steel or gusset/beam
reinforcement or diagonal bracing system as required to reinforce the
Curtainwall systems to the structure and any intermediate framing
required to provide connection points for the Curtainwall system. Provide
detailing and a Professional Engineer's stamp (licensed in the state of
New York) for this additional support steel. This trade contractor shall
provide a detailed summary including drawings of all components of this
work. Also, provide a summary of all adjacent work which will be required
by others. THIS TRADE CONTRACTOR WILL NOT BE REQUIRED TO PROVIDE
ADDITIONAL SUPPORT STEEL TO ASSIST THE STRUCTURAL STEEL IN SUPPORTING THE
LOADS OF THE CURTAINWALL SYSTEM. HOWEVER, THIS TRADE CONTRACTOR WILL
FURNISH THE STRUCTURAL CONSULTANT AND THE CONSTRUCTION MANAGER WITH ALL
PERTINENT REACTIONS IMPOSED ON THE STRUCTURE BY THE CURTAINWALL SYSTEM BY
05/23/97 SO THAT THEY MAY BE INCORPORATED INTO THE STRUCTURAL DESIGN.
7. It is essential the Curtainwall contractor be aware of interfacing with
the work of other contractors, and as such is to incorporate provisions
in the design of the system to enable penetrations for, and/or adherence
to or from, those other contractors. This contractor assumes
responsibility for weathertightness and the water integrity at these
junctures.
8. The Curtainwall support system shall not interfere with the interior
construction. Drawings submitted with this bid proposal shall be reviewed
by the Architects for any potential conflicts.
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ADDITIONAL PROVISIONS/SCOPE OF WORK
Curtainwall
9. This building is designed per industry standard structural tolerances.
The Curtainwall support system must have adequate adjustment to allow
for such tolerance. Building tolerances assumed in the Curtainwall
design as given by this trade contractor for adjacent work are as
follows:
Slab in/out +\- 1 1/2"
Slab up/down +\-1"
Curb in/out +=1"
Curb up/down +0",-1"
Steel in/out +0",-2"
Steel up/down +2",-0"
10. All slab edges and structural steel that abuts the work of this
contractor must be surveyed by this contractor prior to installation
of the Curtainwall work. Any discrepancies from allowed tolerances
must be reported to Swiss Re Investors, Inc., who will direct the
appropriate contractor to correct same. This subcontractor has
included as survey of the slab edge prior to commencing the erection
of the Curtainwall and shall promptly report any areas out of
acceptable tolerances as listed above.
11. Furnish and Install the complete support system required for the
Curtainwall, including erection hardware, embedded items (including
additional rebar required or support steel, if required), and burning
of holes in the slab edge forms for embedded items. Inserts used must
be compatible with the structural characteristics of the poured
concrete.
12. If the proposed mullion depth varies from the depth indicated on the
contract drawings, this contractor is responsible for the design of
connections that will support the mullions. The structural limits of
the edge of slab and spandrel beam centerline will not change.
Accommodations for interior work must also be accounted for. All such
deviations from the contract drawings are subject to the approval of
the Architect.
13. The final sealants where this contractor's work abuts the work of
others and within his own work will be completed by this contractor,
regardless of which work was installed first. Include all sealant
between metal to metal, metal to glass, glass to glass, and
metal/glass to dissimilar materials. Provide all trim and closure
pieces, shims, as may be required to properly anchor and install the
assemblies. All loose flashing for the Curtainwall system (including
at the roof soffit) will be furnished and installed by this trade
contractor.
14. This contractor shall submit their design documents to Swiss Re
Investors, Inc. for review and approval by the Architect, and in
accordance with a schedule agreed upon with Swiss Re Investors, Inc.
The Architect's review shall be only for general conformance of this
contractor's design with the established design and performance
criteria, and with the Architect's design intent. Such review and
approval shall not relieve this contractor of his obligation to design
and construct the Work in order to meet the design and performance
criteria in every respect.
15. During the Curtainwall engineering submittal stage, this trade
contractor is responsible for indicating the quantity and locations of
all embedded items and additional support steel. This information is
required prior to the procurement of the concrete and structural
trades. Failure of this trade contractor to provide this information
in a timely manner acceptable to Swiss Re Investors, Inc. and Xxxxxx
will result in all costs incurred to furnish and install said items to
be borne by this trade contractor. All steel and concrete shop
drawings will be sent to this trade contractor for verification of
exterior wall connection details, locations and imposed loads.
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ADDITIONAL PROVISIONS/SCOPE OF WORK
-----------------------------------
CURTAINWALL
16. This trade contractor will submit for approval embed and connection layout
drawings indicating all connection details to, and loads imposed on, the
building structure. The installation of these items by this subcontractor
must be in a timely manner such that the other structural trades are not
delayed. All embedded items must be hot dipped galvanized.
17. This contractor shall work closely with Architect, through Xxxxxx, at
points of juncture with other materials or contractors to develop
compatible details within the conceptual and engineering parameters of
the project.
18. This contractor is responsible for the layout of his work. Swiss Re
Investors, Inc. will supply a perimeter control line and a benchmark on
each floor.
19. This contractor is responsible for all testing required by the contract
documents. This shall include full cooperation with the Owner's testing
agency for any testing to be done on site. The onsite tests shall be
limited to three (3) tests according to AAMA 501.2. Any retests resulting
from failure will be at this trade contractors expense.
20. This contractor shall provide a dedicated project manager on site for the
duration of the Curtainwall work, and his foremen shall carry
walkie-talkie radios with the same frequency and channel as Xxxxxx so as
to be available at all times.
21. Unless otherwise directed, this contractor shall install all anchorage
attachments prior to the application of sprayed on fireproofing. Should
anchorage's be installed afterward, it will be this contractor's
responsibility to make the necessary repairs (only if excessive damage
occurs to spray on fireproofing), including cleaning and protection.
Failure to do so will result in Swiss Re Investors, Inc. performing the
work, and backcharging this contractor for all costs incurred.
22. Maintain during exterior Curtainwall construction the perimeter OSHA
cabling which will be initially installed by the Structural Steel
contractor. The start of maintenance will be after the first pass of
sprayed on fireproofing on the particular floor. When your installation
is complete in any given area, remove the cables and stanchions and bring
them to the ground floor and dispose of in the dumpsters provided by
others.
23. This Trade Contractor will be responsible for the work stored on the
floors or installed, until acceptance by the Owner/Architect. The
exterior portions of the Curtainwall system will be reviewed on a area by
area basis upon completion of areas of work. Acceptance of areas will not
be made until the system in that particular area is 100% complete
(includes copper siding and catwalks). There will be a separate
acceptance of the interior side of the Curtainwall on an area by area
basis for damage control.
24. Include in your bid out of sequence work normally associated with
construction of this type.
25. This trade contractor shall remove all debris resulting from his work to
a dumpster provided by Swiss Re Investors, Inc.. RUBBISH REMOVAL FOR THIS
WORK WILL BE ON A DAILY BASIS AND SHALL BE MAINTAINED IN A CONDITION AS
ACCEPTABLE TO XXXXXX AND SWISS RE INVESTORS, INC.
26. This contractor is responsible for all electrical requirements and
hook-ups which are necessary to perform his work.
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ADDITIONAL PROVISIONS/SCOPE OF WORK
-----------------------------------
CURTAINWALL
27. Include construction cleaning of your work, inside and out, to the
satisfaction of Xxxxxx. This Trade Contractor shall be responsible for
removal of all factory stickers, emblems, factory markings etc. All work
is to be left in a clean condition upon completion of the work. Final
cleaning is by others.
28. In addition to the indemnification required in the Trade Contract, this
Trade Contractor shall further hold Swiss Re Investors, Inc. harmless to
the same degree for claims arising out of this contractor's errors and
omissions in the Curtainwall design documents. Curtainwall contractor
shall provide to Swiss Re Investors, Inc. evidence of PROJECT SPECIFIC
PROFESSIONAL LIABILITY COVERAGE IN THE MINIMUM AMOUNT OF ** WITH
NO GREATER THAN A ** DEDUCTIBLE. CONTINUING EVIDENCE OF THE RENEWAL
OF SUCH COVERAGE MUST ALSO BE PROVIDED, UP UNTIL SUCH DATE AS LEGAL
ACTION MAY NO LONGER BE BROUGHT IN ACCORDANCE WITH APPLICABLE STATUTES.
Deductibles will be the full responsibility of this contractor.
29. The Trade contractor shall furnish all attic stock as required by the
contract documents.
30. This Trade contractor shall furnish and install a mock-up per the
contract documents including all calculations, drawings, laboratory fees,
chamber preparation, etc. Any/all re-testing fees as a result of whole
or partial failure of any components shall be borne by this trade
contractor. It is agreed that this mock up is not for any specific
aesthetic purposes.
31. All fasteners to aluminum components in potentially wetted areas shall be
stainless steel. All fasteners to copper will be hard grade copper alloy
and copper cleats as specified.
32. As discussed in length at the pre-award meetings, the terrain is somewhat
difficult in various locations on the site. Limited perimeter access will
be available at some locations. This Trade contractor is aware of the
existing terrain conditions and hereby acknowledges that it has included
all costs associated with these site conditions in the base contract
price.
33. This Trade contractor shall furnish and install all wood blocking and
nailers as required within the Curtainwall system.
34. The operable windows shall conform to the applicable industry standard
tolerance for air infiltration and not to the tolerances of the
Curtainwall itself.
35. This Trade contractor shall provide a Curtainwall system that will
maintain the specified minimum one (1) hour fire rating.
36. Deleted.
37. As discussed in the pre-award meetings, this Trade contractor is aware
the design consultants will be revising the panic hardware on the doors
which will allow for the intended door profile. This Trade contractor has
included both the hardware for these doors as well as the intended door
profile as desired by the design consultants.
38. All structural members of the Curtainwall system shall be a minimum of
3mm as specified in the contract documents. Any non-structural component
of the system which is not to the minimum 3mm thickness will be subject
to the review and acceptance by the design consultants prior to
fabrication.
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ADDITIONAL PROVISIONS/SCOPE OF WORK
-----------------------------------
CURTAINWALL
39. This trade contractor has included three (3) leave out areas in the
Curtainwall system from top to bottom of the building, minimum 20' wide
as directed by the construction manager prior to fabrication. Any
additional leave out areas that may be required should reference the unit
price section of the additional provisions.
40. As discussed in the pre-award meetings with Xxxxxxx Associates, Xxxxxx
Xxxxxx, RWG, Xxxxxx, this trade contractor shall incorporate specific
design details discussed and agreed to between all parties as indicated
on preliminary drawings and sketches submitted by this trade contractor.
These drawings and sketches were modified during this process to more
closely reflect the intentions of the design consultants and such
modifications shall also be incorporated into this base contract price.
For purposes of design intent the following are documents are Referenced
and part of this agreement:
1.) FCAM Drawing SK-1 Revision A "Contract Document" dated 04/17/97
2.) FCAM Drawing SK-2 Revision B "Contract Document" dated 04/17/97
3.) FCAM Drawing SK-3 Revision A "Contract Document" dated 04/17/97
4.) FCAM Drawing SK-4 Revision A "Contract Document" dated 04/17/97
5.) FCAM Drawing SK-5 Revision A "Contract Document" dated 04/17/97
6.) Xxxxxxx Associates Letter to Xxxx Xxxxx dated 04/22/97 - ATTACHMENT
'H'
7.) Xxxxxxx Associates Letter to Xxxx Xxxxx dated 04/22/97 - ATTACHMENT
'H'
41. As discussed in the pre-award meetings, reglazing from the interior will
be possible with minor removals from adjacent interior finish trades
(ceilings, blinds, blind pockets).
42. This trade contractor acknowledges that the proposed Curtainwall system
(stick system) has a large quantity of field applied seals. This issue
was discussed at the pre award meetings in great detail. The majority of
the concerns regarded the ability to make good seals in cold and wet
weather conditions. The sealing activity will be monitored heavily and
seals must not be completed if conditions do not permit proper
installation according to the specifications. In the event that weather
limitations prevent the ability to complete field seals according to the
progress schedule, this trade contractor will take all necessary actions
to assure that the Curtainwall milestone dates a upheld at its sole cost.
43. This trade contractor shall furnish and install all insulation as
indicated in the contract documents, including mullion wrapping.
44. This trade contractor shall furnish and install a firestop/smoke seal
that is acceptable to the contract documents and the design consultants.
45. This trade contractor shall be responsible to work out the detail with
the design consultants to provide a seal continuity/flashing detail
between the Curtainwall system and the roof as discussed at the pre-bid
meetings. The detail should allow for movement. All costs associated with
same are included in the base contract price.
46. This trade contractor has include all costs to provide
ventilation/drainage (perforations) of the soffit which are shown on the
contract documents.
47. This trade contractor has included all horizontal tubes/support at the
catwalk as aluminum.
48. This trade contractor has include all costs to provide protective
material (peel off) on the interior sill and vertical mullions (to be
removed by others).
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ADDITIONAL PROVISIONS/SCOPE OF WORK
-----------------------------------
CURTAINWALL
49. All manufacturer's warranties and extended warrantees are to be as
specified by the contract documents.
50. This trade contractor shall incorporate all cut-outs required as
determined by others ands noted on the approved or approved as noted
shop drawings for the Curtainwall.
51. The schedule is predicated on a two (2) week turnaround on this
trade contractors submittals after submission. This is also
predicated on a reasonable submittal package that can be turned
around in this timeframe (i.e., not 150 drawings all at once!)
D. EXCLUSIONS:
1. Soffits at the main entrance, loading dock, and cafeteria.
2. Stone at foundation walls.
3. Entrances and storefronts. Specifically, at the front of the
building, all work from column line 8 to 13 (except the
aluminum soffit), and at the rear from 8 to 13 at B1 level,
and from approximately 9.5 to 11.5 at the entry level and
level 2.
4. Metal louvers
5. Standing seam copper roof
6. Gypsum wallboard on metal studs.
7. Galvanized steel plate column covers at the loading dock.
8. Monorail trolley for the window washing equipment.
9. Responsibility to guarantee an STC of 40 (assumption made
Flour City that the design intent shown will meet the
STC-Joints are in question)
10. Liquidated damages
11. Replacement of Glass due to breakage not associated with
installation methods or workers of this trade
12. Final Cleaning (include cleaning as described above)
13. Patching of SOFP (unless determined excessive)
14. Handicap, security or automatic door equipment or hook-up of
the same
15. Stone work at bottom of Curtainwall
16. Safety Nets or maintaining of same
17. Travel expenses for non-employees of FCAM
18. Temporary light and power for the project as in Attachment 'E'
E. ALTERNATE PRICES:
The following ALTERNATE PRICES shall be valid until 06/30/97 and include
all things necessary for a complete installation.
1. Provide Okalux glass in the transom panel at B1 level, entry level
and second floor:
ADD: **
2. Deduct 100% PAYMENT AND PERFORMANCE BONDS:. (Surety must appear on
the Current U.S. Treasury Federal Register) Furthermore, the
following shall apply:
DEDUCT: **
3. SALES AND USE TAX for materials if project does not become tax
exempt.:
ADD: **
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ADDITIONAL PROVISIONS/SCOPE OF WORK
-----------------------------------
CURTAINWALL
4. INSURANCE ADD if owner does not provide Insurance Coverage as stated
in Exhibit 'B' of the General Conditions. Minimum insurance limits
of ** for General Liability and ** for Auto shall be in
accordance with provided with designates as required as
Additional Insured.
ADD: **
5. Delete convector covers in their entirety from the base bid.:
DEDUCT: **
6. Remove 1 hour fire rating requirement from the exterior wall.
DEDUCT: **
F. UNIT PRICES
The following UNIT PRICES shall be valid for the typical Curtainwall
system presently shown in Trade Contractors scope of work for the life of
the project and include all things necessary for a complete installation.
1. Aluminum Framing......................................: **
2. Standard Glass........................................: **
3. Okalux Glass..........................................: **
4. Copper Siding.......................................... **
5. Convector Cover........................................ **
6. Complete Curtainwall System............................ **
7. Standard Glass-Replacement Glass-Large Lite............ **
8. Standard Glass-Replacement Glass-Small Lite............ **
9. Okalux Glass-Replacement Glass......................... **
10. Additional leave out (top/bottom 20' wide)............. **
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RIDER 'A'
REVISED CONTRACT TERMS
1.) ADDITIONAL PROVISION PAGE 2 OF 10: The allowable combined percentage
xxxx-up for overhead and profit on direct costs of changes when work is
performed by the Trade Contractor shall be **. This same percentage
shall be allowed for any changes performed by Sub-trade contractors and
** may be added by the trade contractor to the Sub-trade contractor's
estimate. The total on all tiers shall not exceed ** in the aggregate.
In the case of change orders involving deletions for the work or other
cost savings, the deductions from the Contract Sum shall be at **
and shall include an additional deduction of ** for general conditions
and ** for profit. Markups shall be applied to the total net value of any
change or group of changes.
2.) TRADE CONTRACT PARAGRAPH #14: 1ST SENTENCE ...as will insure the proper
matching and fitting of the work covered by this agreement with
contiguous work. This Trade Contractor will be responsible to measuring
contiguous work as it relates to performing a survey of the existing slab
edge prior to field erection as well as layout for embeds. All other
dimensions will be fabricated from approved FCAM shop drawings and/or
contract documents.
3.) G/C PARAGRAPH 3.5.3 AND 4.4: The intent of these paragraphs remains the
same. It is understood that all major coordination will take place in the
presence of either The Construction Manager and/or the Project Manager.
Any unresolvable disputes will be decided by the Construction Manager
and/or the Project Manager.
4.) G/C PARAGRAPH 5.3.1 AND 5.3.2: The intent of these paragraphs remain the
same. It is understood that no schedule revision affecting the work of
this trade will take place without mutual agreement of this trade
contractor. Any schedule acceleration or delay is subject to review and
may result in a change order for time and cost adjustments.
5.) G/C PARAGRAPH 8.3.3: Insert "commence to remedy" after, If the trade
Contractor does not... in the 1st sentence.
6.) The Trade Contractor will have the ability to invoice and be paid with
proper documentation required by Swiss Re Investors, Inc. for
engineering, on and off site stored materials with the proper paper work
required by Swiss Re Investors, Inc. This trade Contractor will not be
allowed to xxxx for any mobilization costs or raw stock.
7.) G/C PARAGRAPH 10.2.1: ...The Owner, in its desecration, may not require
additional retainage after ** of the trade contractors work is
completed. This is modified to read; ...After ** of the work is
complete, the Owner, will not require additional retainage unless in its
sole desecration, it feels that the trade contractor is not current to
the construction schedule and/or has not produced work to an acceptable
level of quality.
8.) G/C PARAGRAPH 10.3.1 AND 10.3.2:-Final payment is to made no later than
** after date of Certificate of Final Completion.
9.) Swiss Re Investors, Inc. reserves the right to terminate this Agreement
pending formal closing pertaining to the sale of the land associated with
this project in writing in a format acceptable to Swiss Re Investors,
Inc. by 06/04/97. If this the sale of the property is not complete by
this date Swiss Re Investors, Inc. reserves the right to terminate this
agreement with the following liabilities:
** MOCK-UP ENGINEERING
** DIES
** PAYMENT AND PERFORMANCE BOND
** NOT TO EXCEED
In such an event, Swiss Re Investors shall only have liability to the
this Trade Contractor for Actual costs spent for the above items plus **
OH&P not to exceed **. Swiss Re Investors, Inc. shall have no
liability to make payments for other work performed by the Subcontractor
not specifically listed above, if any, or for anticipated profits.
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Rider "A" (Continued)
10.) This contract is expressly contingent upon:
1.) On or before Xxxx 0, 0000 Xxxxx Re Investors, Inc. receipt of
certified financial statements of Flour City which are satisfactory
to Swiss Re Investors, Inc.; and
2.) On or before May 23, 1997 Swiss Re Investors, Inc. receipt of
reinsurance satisfactory to Swiss Re Investors, Inc. in the total
amount of ** of the surety bond executed by ** on behalf of
Flour City.
00
XXXXXXXXXX "X"
XXXXX RE AMERICA U.S. HEADQUARTERS XXXXXX
North Castle, NY 10-Mar-97
BID PACKAGE NO. 1 DRAWING LIST
DRAWING NO. TITLE DATE REV NO. REV DATE
08900 Curtain Wall 3/7/97
A1.02 Site Plan 2/27/97 2 3/7/97
A2.01 Key Plans B1 & B2 Level 1/3/97 2 3/7/97
A2.02 Key Plans Entry & 2nd Level 1/3/97 2 3/7/97
A2.03 Key Plans 3rd & Roof Level 1/3/97 2 3/7/97
A2.04 Plan-B2 Level (West) 1/3/97 2 3/7/97
A2.07 Plan-B1 Level (West) 1/3/97 2 3/7/97
A2.08 Plan-B1 Level (Center) 1/3/97 3 3/7/97
A2.09 Plan-B1 Level (East) 1/2/97 3 3/7/97
A2.10 Plan-Entry Level (West) 12/19/96 2 3/7/97
A2.11 Plan-Entry Level (Center) 12/19/96 2 3/7/97
A2.12 Plan-Entry Level (East) 12/19/96 2 3/7/97
A2.13 Plan-Level 2 (West) 1/7/97 2 3/7/97
A2.14 Plan-Level 2 (Center) 1/7/97 2 3/7/97
A2.15 Plan-Level 2 (East) 1/7/97 2 3/7/97
A2.16 Plan-Level 3 (West) 1/7/97 2 3/7/97
A2.17 Plan-Level 3 (Center) 1/7/97 2 3/7/97
A2.18 Plan-Level 3 (East) 1/7/97 2 3/7/97
A2.19 Plan-Roof (West) 1/7/97 2 3/7/97
A2.20 Plan-Roof (Center) 1/7/97 2 3/7/97
A2.21 Plan-Roof (East) 1/7/97 2 3/7/97
A3.10 Plan Details - Exterior Wall 2/19/97 2 3/7/97
A4.01 Building Elevations North 1/15/97 3 3/7/97
A4.02 Building Elevations North & West 1/15/97 3 3/7/97
A4.03 Building Elevations South 1/15/97 3 3/7/97
A4.04 Building Elevations South & East 1/15/97 3 3/7/97
A4.05 Building Section/Partial Elevation 1/20/97 3 3/7/97
A4.06 Building Section/Partial Elevation 1/20/97 3 3/7/97
A4.08 Building Section 1/29/97 3 3/7/97
A4.09 Building Section 1/29/97 3 3/7/97
A4.10 Building Section 2/4/97 3 3/7/97
A5.01 Curtainwall Details 2/10/97 2 3/7/97
A5.02 Curtain Wall Details 2/6/97 3 3/7/97
A5.03 Curtainwall Details 2/21/97 2 3/7/97
A5.04 Curtainwall Details 2/28/97 2 3/7/97
78
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Attachment "B"
128 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
1 Design Development ** ** ** |
45 |
46 Working Drawings - Core & Shell ** ** ** |
50 Early Packages ** ** ** |
51 Bid Pkg #1: Curtain Wall ** ** ** |
52 Bid Pkg #2: Site Work ** ** ** |
53 Bid Pkg #3: Str. Steel & Deck ** ** ** | [CHART]
54 Bid Pkg #4: Concrete ** ** ** |
55 Bid Pkg #5: Design / Build Garage ** ** ** |
56 Produce Remaining Bid Documents ** ** ** |
57 Working Documents - Fit-Out ** ** ** |
58 Prepare 100% CD's ** ** ** |
59 |
60 Bid & Award Trade Contracts ** ** ** |
61 Bid & Award Curtain Wall ** ** ** |
62 Bid & Award Site Work (Excavation & Utilities) ** ** ** |
63 Bid & Award Steel ** ** ** |
64 Bid & Award Concrete ** ** ** |
65 Bid & Award Design / Build Garage ** ** ** |
66 Bid Remaining Core & Shell Trades ** ** ** |
67 Bid Fit-Out Work ** ** ** |
68 |
69 Local Reviews & Approvals ** ** ** |
|
--------------------------------------------------------------------------------
Xxxxxx Construction Company 5/16/97
--------------------------------------------------------------------------------
79
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Attachment "B"
228 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
70 P&Z ** ** ** |
89 FAA Application ** ** ** |
90 Apply for Site Permit ** ** ** |
91 Receive Site Permit ** ** ** |
92 Apply for Foundation Permit ** ** ** |
93 Receive Foundation Permit ** ** ** |
94 Apply for Building Permit ** ** ** |
95 Receive Building Permit ** ** ** | [CHART]
96 |
97 Ground Breaking CEREMONY ** ** ** |
98 |
99 Construction ** ** ** |
100 Site Work ** ** ** |
101 |
102 Erosion Control & Site Logistics Prep - CREW 1 ** ** ** |
103 Survey & Layout ** ** ** |
104 Tag Trees ** ** ** |
105 Temporary Parking Lot ** ** ** |
106 Erosion Control Program ** ** ** |
107 Protect Trees ** ** ** |
108 DEP Requirements ** ** ** |
109 |
110 Building Footprint ** ** ** |
|
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Attachment "B"
328 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
111 Clear and Grub ** ** ** |
112 Cut and Fill - SEE LINE 219 ** ** ** |
113 |
000 Xxxxxxx Xxxx ** ** ** |
115 Clear and Grub ** ** ** |
116 Cut and Fill ** ** ** |
117 Subbase Installation ** ** ** |
118 Curbing ** ** ** | [CHART]
119 Asphalt Binder Course ** ** ** |
120 Final Top Asphalt ** ** ** |
121 Striping ** ** ** |
122 Topsoil ** ** ** |
123 Seed and Stabilize ** ** ** |
124 |
000 Xxxx Xxxx - Xxxx to Service ** ** ** |
126 Clear and Grub ** ** ** |
127 Cut and Fill ** ** ** |
128 Subbase Installation ** ** ** |
129 Curbing ** ** ** |
130 Asphalt Binder Course ** ** ** |
131 Final Top Asphalt ** ** ** |
132 Striping ** ** ** |
133 Topsoil ** ** ** |
|
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** Confidential treatment requested pursuant to Rule 406
Attachment "B"
428 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
134 Seed and Stabilize ** ** ** |
135 |
000 Xxxx Xxxx - Service to Rte 120 - CREW 2 ** ** ** |
137 Clear and Grub ** ** ** |
138 Cut and Fill ** ** ** |
139 Subbase Installation ** ** ** |
140 Curbing ** ** ** | [CHART]
141 Asphalt Binder Course ** ** ** |
142 Final Top Asphalt ** ** ** |
143 Striping ** ** ** |
144 Topsoil ** ** ** |
145 Seed and Stabilize ** ** ** |
146 |
000 Xxxxxxx Xxxx Xxxx ** ** ** |
148 Clear and Grub ** ** ** |
149 Cut and Fill ** ** ** |
150 Subbase Installation ** ** ** |
151 Curbing ** ** ** |
152 Asphalt Binder Course ** ** ** |
153 Final Top Asphalt ** ** ** |
154 Striping ** ** ** |
155 Topsoil ** ** ** |
156 Seed and Stabilize ** ** ** |
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** Confidential treatment requested pursuant to Rule 406
Attachment "B"
528 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
157 |
000 Xxxx Xxxx ** ** ** |
159 Clear and Grub ** ** ** |
160 Cut and Fill ** ** ** |
161 Subbase Installation ** ** ** |
162 Curbing ** ** ** |
163 Grass Paver ** ** ** |
164 Topsoil ** ** ** |
165 Seed and Stabilize ** ** ** |
166 |
167 Garage ** ** ** | [CHART]
168 Clear and Grub ** ** ** |
169 Line Drilling ** ** ** |
170 Rock Blasting ** ** ** |
171 Excavation ** ** ** |
172 Rock anchors ** ** ** |
173 Foundations ** ** ** |
174 Outfall Netting ** ** ** |
175 Perimeter Protection Wall/Fencing ** ** ** |
176 |
177 Site Utilities ** ** ** |
178 Storm Drainage ** ** ** |
179 Sanitary Service ** ** ** |
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** Confidential treatment requested pursuant to Rule 406
Attachment "B"
628 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
180 Electrical & Telephone Ductbanks ** ** ** |
181 Domestic Water from xxxxx ** ** ** |
182 Fire Service ** ** ** |
183 Site Lighting ** ** ** |
184 Light Pole Bases ** ** ** |
185 |
186 Site Improvements ** ** ** |
187 Sidewalks ** ** ** |
188 Main Entrance Stairs ** ** ** |
189 Excavation ** ** ** | [CHART]
190 Footings/Walls ** ** ** |
191 Backfill ** ** ** |
192 Subbase Installation ** ** ** |
193 Stone ** ** ** |
194 Stone @ Walkway Subbase ** ** ** |
195 Excavation ** ** ** |
196 Footings/Walls ** ** ** |
197 Backfill ** ** ** |
198 Subbase Installation ** ** ** |
199 Stone ** ** ** |
200 |
201 Pumphouse & Cooling Tower ** ** ** |
202 Footings/Walls ** ** ** |
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84
** Confidential treatment requested pursuant to Rule 406
Attachment "B"
728 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
203 Backfill ** ** ** |
204 Excavate for MEP ** ** ** |
205 Install MEP ** ** ** |
206 Backfill ** ** ** |
207 |
208 Remove Construction Parking / RESEED ** ** ** |
209 Landscaping ** ** ** |
210 Final Topsoil ** ** ** |
211 Fall Planting 1998 ** ** ** |
212 Seeding/Sod ** ** ** |
000 Xxxxxxxx work ** ** ** |
214 |
215 Headquarters ** ** ** | [CHART]
216 BUILDING EXCAVATION & FOUNDATIONS ** ** ** |
217 PHASE A ** ** ** |
218 PHASE A ROCK BLASTING ** ** ** |
219 PHASE A EXCAVATE ** ** ** |
220 PHASE A ROCK ANCHORS ** ** ** |
221 PHASE A FOOTINGS ** ** ** |
222 PHASE A FOUNDATION WALLS ** ** ** |
223 PHASE A WATERPROOFING ** ** ** |
224 PHASE A BACKFILL ** ** ** |
225 ELEVATOR JACKHOLE ** ** ** |
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** Confidential treatment requested pursuant to Rule 406
Attachment "B"
828 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
226 MEP UNDERGROUND ** ** ** |
227 SUBBASE ** ** ** |
228 SLAB-ON GRADE ** ** ** |
229 |
230 PHASE B ** ** ** |
231 PHASE B ROCK BLASTING ** ** ** |
232 PHASE B EXCAVATE ** ** ** |
233 PHASE B ROCK ANCHORS ** ** ** |
234 PHASE B FOOTINGS ** ** ** |
235 PHASE B FOUNDATION WALLS ** ** ** |
236 PHASE B WATERPROOFING ** ** ** |
237 PHASE B BACKFILL ** ** ** |
238 ELEVATOR JACKHOLE ** ** ** | [CHART]
239 MEP UNDERGROUND ** ** ** |
240 SUBBASE ** ** ** |
241 SLAB-ON GRADE ** ** ** |
242 |
243 PHASE C ** ** ** |
244 PHASE C ROCK BLASTING ** ** ** |
245 PHASE C EXCAVATE ** ** ** |
246 PHASE C ROCK ANCHORS ** ** ** |
247 PHASE C FOOTINGS ** ** ** |
248 PHASE C FOUNDATION WALLS ** ** ** |
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** Confidential treatment requested pursuant to Rule 406
Attachment "B"
928 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
249 PHASE C WATERPROOFING ** ** ** |
250 PHASE C BACKFILL ** ** ** |
251 ELEVATOR JACKHOLE ** ** ** |
252 MEP UNDERGROUND ** ** ** |
253 SUBBASE ** ** ** |
254 SLAB-ON GRADE ** ** ** |
255 |
256 Superstructure ** ** ** |
257 Lead Time Structural Steel ** ** ** |
258 Award Subcontract ** ** ** |
259 Shop Drawings ** ** ** |
260 Formal Mill Order ** ** ** |
261 Fabricate 1st 40% of project ** ** ** | [CHART]
262 START STEEL ERECTION ** ** ** |
263 Steel / Deck Erection ** ** ** |
264 Fill on Metal Deck ** ** ** |
265 SOFP ** ** ** |
000 Xxxxxxxx ** ** ** |
267 Prepare & Test XX Xxxx-up ** ** ** |
268 Mock-Up Shop Drawings & Approval ** ** ** |
269 Fabricate Mock-Up ** ** ** |
270 Erect Mock-Up @ Test Facility ** ** ** |
271 Test Mock-Up ** ** ** |
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** Confidential treatment requested pursuant to Rule 406
Attachment "B"
1028 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
272 Approval/Release Mock-Up ** ** ** |
273 Fabricate Curtainwall ** ** ** |
274 Complete Shop Drawings ** ** ** |
275 Review & Approve Shop Drawings ** ** ** |
276 Release Custom Extrusions ** ** ** |
277 Embed Installation ** ** ** |
278 Fabricate Extrusions ** ** ** |
279 Release Glass ** ** ** |
280 Fabricate Glass ** ** ** |
281 Erect Curtain Wall ** ** ** |
282 PHASE A ** ** ** |
283 BUILDING READY PRE-RECTION P ** ** ** |
284 MULLIONS & BACKPANS ** ** ** | [CHART]
285 CATWALKS ** ** ** |
286 INSTALL COPPER ** ** ** |
287 WATERTIGHT ** ** ** |
288 PHASE B ** ** ** |
289 BUILDING READY PHASE B ** ** ** |
290 MULLIONS & BACKPANS ** ** ** |
291 CATWALKS ** ** ** |
292 INSTALL COPPER ** ** ** |
293 WATERTIGHT ** ** ** |
294 PHASE C ** ** ** |
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88
** Confidential treatment requested pursuant to Rule 406
Attachment "B"
1128 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
295 BUILDING READY PHASE C ** ** ** |
296 MULLIONS & BACKPANS ** ** ** |
297 CATWALKS ** ** ** |
298 INSTALL COPPER ** ** ** |
299 WATERTIGHT ** ** ** |
300 CURTAINWALL SUBSTANTIAL COMP ** ** ** |
301 Lobby / Entrance Systems ** ** ** |
302 Roofing ** ** ** |
303 Insul Bd & Membrane Roofing ** ** ** |
304 Metal Roofing ** ** ** |
305 Final Building Water Tight ** ** ** |
306 Interior Finishes ** ** ** |
307 Stud Core Partitions ** ** ** | [CHART]
308 Sheetrock Core Partitions ** ** ** |
309 Toilet Room Tile & Stone Work ** ** ** |
310 Core Ceilings ** ** ** |
311 Vertical Transportation ** ** ** |
312 Elevators ** ** ** |
313 Fire Protection ** ** ** |
314 Fire Protection Risers/Distribution ** ** ** |
315 Fire Protection Drops/Heads ** ** ** |
316 Mechanical & Plumbing ** ** ** |
317 Plumbing Risers/Distribution ** ** ** |
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** Confidential treatment requested pursuant to Rule 406
Attachment "B"
1228 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
318 Toilet Roughing ** ** ** |
319 Toilet Fixtures ** ** ** |
320 Ductwork Risers ** ** ** |
321 MEP - Equipment/Plant ** ** ** |
322 Temperature Controls/Balancing ** ** ** |
323 Commissioning ** ** ** |
324 Electrical ** ** ** |
325 Electrical Feeders ** ** ** |
326 Electrical Distribution ** ** ** |
327 Fire Alarm System ** ** ** |
328 Access Flooring ** ** ** |
329 Main Lobby ** ** ** |
330 | [CHART]
331 Fit-Out ** ** ** |
332 Partitions - Framing ** ** ** |
333 Partitions Sheetrock ** ** ** |
334 Ductwork Mains ** ** ** |
335 Branch Ducts ** ** ** |
336 Ceiling Grid ** ** ** |
337 RGD's ** ** ** |
338 Lighting Fixtures ** ** ** |
339 Ceiling Pads ** ** ** |
340 Painting ** ** ** |
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90
** Confidential treatment requested pursuant to Rule 406
Attachment "B"
1328 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
341 Flooring ** ** ** |
342 Wiring/Devices ** ** ** |
343 Specialties ** ** ** |
344 Kitchen Fit-out-Equipment/MEP ** ** ** |
345 Fitness Center ** ** ** |
346 Furniture Systems ** ** ** |
347 Executive Area ** ** ** |
348 Conference Center ** ** ** |
349 Audio Visual Systems ** ** ** |
350 Dining Room / Servery ** ** ** |
351 Communications ** ** ** |
352 Phone & Data Systems ** ** ** |
353 | [CHART]
354 Punch List ** ** ** |
355 Substantial Completion/Inspections & Approval ** ** ** |
356 Final Completion ** ** ** |
357 |
358 Parking Garage ** ** ** |
359 Foundations/Excavation/Rock ** ** ** |
360 MEP UndergroundFinish at Grade ** ** ** |
361 Winter Season Factor ** ** ** |
362 Parking Structure/Stairs ** ** ** |
363 Exterior/Caulking/Sealants ** ** ** |
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91
** Confidential treatment requested pursuant to Rule 406
Attachment "B"
1428 Swiss Re America Headquarters REVISION NO 1
CONSTRUCTION SCHEDULE Curtainwall Contract
Sitework Bid package
------------------------------------------------------------------------------------------- |
ID Task Name Dur. Start Finish |
------------------------------------------------------------------------------------------- |
|
|
364 MEP Distribution/Fixtures ** ** ** |
365 Finishwork ** ** ** |
366 Clean-up and Stripping ** ** ** |
367 Substantial Completion ** ** ** | [CHART]
368 |
369 Owner Activities ** ** ** |
370 FF&E ** ** ** |
371 MOVE-IN ** ** ** |
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** Confidential treatment requested pursuant to Rule 406
Attachment "B"
FCAM Schedule (5/12/97) As Revised Works in Conjunction with Xxxxxx Schedule
dated 5/16/97,
--------------------------------------------------------------------------------
Flour City Architectural Metals - Curtainwall Design & Construction Schedule
--------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------- |
ID Task Name Duration Start Finish |
----------------------------------------------------------------------------------------------- |
|
|
1 Curtainwall Subcontract Work ** ** ** |
2 Subcontract Award ** ** ** |
3 |
4 Mockup ** ** ** |
5 Design Shapes, prep & subm ** ** ** |
6 Milestone: Design Shapes, submit ** ** ** |
7 Design Shapes, approve & return ** ** ** |
8 Shop Drawings, prep & 1st subm ** ** ** |
9 Milestone: Mockup shop drwgs, submit ** ** ** |
10 Shop Drawings, approve & return ** ** ** |
11 Shop Drawings, record set ** ** ** |
12 Die drawings, construction & samples ** ** ** |
13 BM's & Listing ** ** ** |
14 Material Submittals ** ** ** |
15 Glass Procurement ** ** ** | [CHART]
16 Material Procurement ** ** ** |
17 Fabrication & Subassembly ** ** ** |
18 Ship, Erect, Glaze & Pretest ** ** ** |
19 Milestone: Mockup erected, ready for test ** ** ** |
20 Formal Testing ** ** ** |
21 |
22 Project ** ** ** |
23 Shop Drawings, 1st area, prep & subm ** ** ** |
24 Shop Drawings, 1st area, appr & return ** ** ** |
25 Shop Drawings, 1st area, record set ** ** ** |
26 Shop Drawings, 2nd area, prep & subm ** ** ** |
27 Shop Drawings, 2nd area, appr & return ** ** ** |
28 Shop Drawings, 2nd area, record set ** ** ** |
29 Die Drawings, construction & samples ** ** ** |
--------------------------------------------------------------------------------
Project: Swiss Re America Headquarters [CHART SYMBOLS]
Date: May 12 '97
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Page 1
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Attachment "B"
--------------------------------------------------------------------------------
Flour City Architectural Metals - Curtainwall Design & Construction Schedule
--------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------- |
ID Task Name Duration Start Finish |
----------------------------------------------------------------------------------------------- |
|
|
00 XX'x & Xxxxxxx, 0xx xxxx ** ** ** |
00 XX'x & Xxxxxxx, 0xx xxxx ** ** ** |
32 Embed Installation ** ** ** |
33 Material Procurement ** ** ** |
34 Glass Procurement ** ** ** |
35 Fabrication & Subassembly ** ** ** |
36 Pre-erection field work (building ready) ** ** ** |
37 Milestone: Begin erection of wall panels ** ** ** |
38 Erect & Glaze Curtainwall ** ** ** |
39 Milestone: Curtainwall dried-in ** ** ** |
40 Milestone: Curtainwall substant complete ** ** ** |
41 Installation Copper Cladding & Seal ** ** ** |
42 Milestone: Copper siding substant compl ** ** ** |
43 Catwalk Installation ** ** ** |
44 | [CHART]
45 Scheduling Assumptions: ** ** ** |
46 1. two wk total appr'l turn around on submittals ** ** ** |
47 2. approved or approved as noted after 1st ** ** ** |
48 submittal to release material production ** ** ** |
49 3. 2nd subm for record only ** ** ** |
50 4. RFI response within 48 hours ** ** ** |
51 ** ** ** |
52 6. TCCO provide Architect Autocad files to ** ** ** |
53 FCAM by June 16, 1997 ** ** ** |
54 7. Applicable half of building structures shall be or Phase "A" |
55 ready for FCAM work by Jan 14, 1998. ** ** ** |
56 8. Schedule for field work does not include Storm, Snow Related Only |
57 weather delays; add day for day. ** ** ** |
58 8. Punchlist work not included in above. ** ** ** |
--------------------------------------------------------------------------------
Project: Swiss Re America Headquarters [CHART SYMBOLS]
Date: May 12 '97
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Page 2
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94
ATTACHMENT "C"
MARCH 19, 0000 XXXXX XX XXXXXXX
XXXXX XXXXXX, XX
SPECIAL PROVISIONS FOR ALL TRADE CONTRACTORS AND VENDORS
1. GENERAL REQUIREMENTS
1.1 These Special Provisions are in addition to the Plans, Specifications
and other contract Documents. In cases of contradictions, the more
stringent requirement shall apply.
1.2 Each Trade Contractor is expected to be experienced and familiar with
the requirements and conditions encountered during typical building
construction and familiar with the conditions encountered in the
necessary performance of "out of sequence work". This terminology
shall include "comeback", but is not limited to work that may be
necessary for the removal of hoists, plant, temporary wire and piping,
protection, etc. It shall also include a normal amount of "comeback"
to complete work on each level or location. "Out of sequence" work
shall include phasing of the construction cycle to accommodate the
installation of the work of all Trade Contractors in a logical and
orderly fashion.
1.3 It is understood that the firm lump sum proposal submitted shall be in
strict accordance with plans, specifications and other Contract
Documents. Substitutions will not be allowed unless specifically
outlined in the proposal and accepted by the Architect and Owner at
the time of award.
1.4 The lump sum price shall be firm for the life of the project and
includes all escalation costs.
1.5 Except for the basic building permit, the Trade Contractor's lump sum
price shall include all permits, fees, inspections, sign-offs, and
approvals applicable to their work whether temporary or permanent.
This includes costs for securing and maintaining for the life of the
project all permits, Professional Engineer licensing, connection fees,
etc., applicable to their work as well as any permits to be issued as
required for the contract work. This may also include permits for
off-hours work. Originals of all permits are to be furnished to the
Owner prior to commencement of this work.
1.6 The Trade Contractor is to submit with his bid, a list of names and
titles of the authorized person or persons representing the company
and responsible for management and/or field operation.
1.7 The Trade Contractor must have site supervision with a beeper or
cellular phone for access while his work or the work of his
Subcontractors is in progress. The Trade Contractor shall not use
Xxxxxx'x field office phone except during emergencies.
2. SITE ACCESS/CONTRACTORS USE OF PREMISES
2.1 All Trade Contractors are to strictly instill in the manpower they
provide on the job site that there will be no drugs or alcoholic
beverages permitted on the premises at any time including lunch.
Personnel observed to be intoxicated, or possessing drugs or alcoholic
beverages will be dismissed. Proper dress will be enforced. There will
be no construction personnel working without proper construction
clothing, safety shoes, shirts and hard hats.
2.2 Storage and delivery of material and equipment at the site shall be
permitted only to the extent approved in advance by Xxxxxx, and if
anything so stored obstructs the progress of any portion of work, it
shall be promptly removed or relocated by the Trade Contractor without
reimbursement. If not removed or relocated within 24 hours, Xxxxxx
will do so with its own forces and backcharge the responsible Trade
Contractor. In addition, facilities for storage at the site will be
limited and it shall be the Trade Contractor's responsibility to make
whatever arrangements may be necessary for offsite storage to insure
proper material availability for maintaining of job progress at no
additional cost. If a local storage yard is required, all costs
associated with this storage yard including receiving, unloading,
storing, shake-out, reloading, and delivery to the site shall be this
Trade Contractor's cost. This Trade Contractor will be assigned
specific real estate on the site to execute your work. However, the
site cannot be used as a prefab shop and all work
95
ATTACHMENT "C"
XXXXX 00, 0000 XXXXX RE AMERICA
NORTH CASTLE, NY
cannot be delivered to the site at once. Should your material impede
the work of other trades, you must relocate at your own cost.
2.3 The Trade Contractor shall assume full responsibility for the
protection and safekeeping of products under his contract stored on
the site. Protection of finished work, whether stored or in place,
until acceptance of the Trade Contractor's work by Xxxxxx,
Architect/Engineer and Owner shall be furnished, installed,
maintained and removed as directed by Xxxxxx.
2.4 No photographs within the limits of construction will be permitted
without specific approval of the Owner.
2.5 There will be limited on-site parking for employees. Cars parked on
site are to leave at 4:30 p.m. unless working overtime. Cars/trucks
will be towed at the Trade Contractor's expense should this rule not
be followed.
2.6 The Trade Contractor shall protect all existing construction paying
particular attention to sidewalks, roadways, pavement, hydrants,
signs, fences, erosion controls etc., which are both inside and
outside of the construction boundaries. It is the Trade Contractor's
responsibility to assure that no damage occurs while moving in or out
of the site, hoisting materials, performing utility work, etc. Any
damage caused by the Trade Contractor's operations will be repaired
by the Trade Contractor at their expense. Should the Trade Contractor
fail to repair such damage, Xxxxxx will make the required repairs and
backcharge the Trade Contractor for the costs, including a 20%
management charge.
2.7 Access to the site is to be in strict accordance with Xxxxxx'x site
logistics plan as listed in the additional provisions. Any exceptions
taken or undue restrictions imposed by logistics plan will not be
considered after award of subcontract. Trade Contractor shall
cooperate with Xxxxxx as the logistics plan is updated.
2.8 All trees, shrubs, wetlands, existing structures and utilities, etc.
shall be protected and all work shall be planned, scheduled and laid
out to avoid damage. Trade Contractors shall bear the cost of
repairing any such damage.
2.9 Normal work hours for this project shall be from 8:00 A.M. to 4:30
P.M. on all normal trade workdays. If work is required beyond normal
work hours; all arrangements in the form of permits, fees,
protection, standby trades, temporary facilities (temporary,
electric, water, heat) etc., will be the responsibility of the Trade
Contractor. Twenty-four hour notice must be given if the Trade
Contractor intends to work overtime.
2.10 Pedestrian and vehicular traffic on adjacent streets shall be
maintained at all times. Trade Contractor shall provide flagmen or
other personnel as required by local authorities at all times when
Trade Contractor's operations are exposed to the public [which may
include uniformed Town of North Castle policemen] at this Trade
Contractor's expense.
2.11 Trade Contractor shall limit trucking to Route 120. In addition,
Trade Contractor shall notify Xxxxxx of any required street closings
and make such arrangements with authorities having jurisdiction
including permit fees, barricades, policemen, etc.
2.12 All deliveries shall be scheduled with 48 hours notice. Trade
Contractor shall include in its contract price any off-hours
deliveries as may be required by nature of the work, schedule or site
access.
2.13 Provide all site fence maintenance and repair resulting from Trade
Contractor's work.
3. CUTTING AND PATCHING
3.1 Each Trade Contractor shall be responsible for all cutting and
patching which may be required in connection with their work. If work
is not coordinated and installed at the appropriate time, the Trade
Contractor will be responsible for all costs associated with
removals, patching, or if required by Architect, replacement of
damaged materials. Damage to finished work from the installation of
late or faulty work by persons unknown shall be backcharged on a
pro-rata basis to Trade Contractors having performed work in the
area.
96
ATTACHMENT "C"
Xxxxx 00, 0000 Xxxxx Re America
North Castle, NY
3.2. When patching or repairing new or existing work, Trade Contractor shall
employ only workmen skilled in the appropriate trade and the final product
shall be as new.
3.3. The trade Contractor shall not cut or alter any completed or installed
portion of the Work without the prior written approval of the Owner. Any
request by the Trade Contractor for such approval shall be in the form of
a submission pursuant to Article 6 of the General Conditions. The
submission shall show the nature and extent of the cutting or alteration
to be performed and the method of restoration of the cut or altered Work
so that the finished Work shall comply in all respects with the Contract
Documents. Such submissions shall be approved only if the proposed cutting
or alteration (a) is necessary, (b) shall not adversely affect the
structural integrity or moisture resistance or watertight integrity,
air-tight integrity or design capacity of any element of the Project, (c)
shall not require modification of the Contract Documents or change in
other items of work, (d) shall not result in a cost disadvantage to the
owner, (e) shall be protected by guaranties at least as stringent as
those required in the Contract Documents for the Work affected and (f)
shall be in conformity with the intent of the Contract Documents.
4. COORDINATION WITH OTHER TRADE CONTRACTORS
4.1. The Trade Contractor agrees that he has become familiar with the
site, has reviewed the plans and specifications covering the work of
his and other trades and thereby accepts responsibility for all
necessary coordination of his work with the work or other trades
affected. If the Trade Contractor installs any work prior to proper
coordination, or in such manner as to cause interference with work
of others, they shall arrange for removal of, or arrange for
necessary modifications to the work. Any such action is subject to
the approval of Xxxxxx and shall be at no additional cost to Xxxxxx
or the Owner.
4.2 The Trade Contractor shall allow sufficient time to inspect and
accept the work of all previous Trade Contractors. Should any
discrepancies be discovered, Xxxxxx shall be notified in writing
sufficiently in advance, but not more than 24 hours after the
discrepancy is discovered, so that corrective action can be
accomplished without affecting the progress of any Trade Contractor.
Start of this Trade Contractor's work shall constitute acceptance of
all previous Trade Contractor's work. All cost associated with
removal and reinstallation of all work due to noncompliance with the
above shall be the responsibility of this Trade Contractor.
5. ACCOUNTING
5.1. Monthly application for progress payments shall be made in
accordance with the procedure set forth in the General Conditions,
in addition a "penciled" copy should be submitted to and reviewed
with Xxxxxx'x field representative 1 week prior to the formal
application. All payment applications should include projected work
through to the end of the month. Xxxxxx reserves the right to revise
the above procedure as needs dictate.
5.2. Trade Contractors furnishing operating systems should note that any
reduction in the retention withheld will not be entertained until
operating manuals are submitted and approved and other requirements
stated in this contract are met in a form acceptable to Xxxxxx and
the Owner, equipment and systems are operational and the
training/turnover period has been completed.
5.3. Certified payroll is to be provided if required by the Owner as well
as subcontracts and purchase orders.
6. CONSTRUCTION SCHEDULES
6.1. Progress of the Trade Contractor's work shall meet the Specified
Progress of the Project.
6.2. "Specific Progress" shall be defined as such progress as will
maintain the Schedule as set by Xxxxxx, precedent and contiguous
trades, and such progress as will not delay the Schedule of next
dependent trades, all to the entire satisfaction of Xxxxxx so as not
to delay the completion of the whole or any part of the work. It
shall be understood and agreed that the Construction Schedule may be
revised from time to time in order to meet project completion date
requirement
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6.3 In the providing of the work as set forth under this Agreement, it
is established that time is of the essence. All submittals and or
resubmittals shall be made so as to allow ample time to fabricate
and deliver applicable materials and equipment as required by the
Project Schedule as prepared by Xxxxxx'x Project Superintendent. All
work shall be provided in accordance with this Schedule to the full
satisfaction of Xxxxxx'x Superintendent and so as to fulfill that
portion of the obligation of Xxxxxx to the Owner as made the
responsibility of this Trade Contractor by virtue of this Agreement.
6.4. Xxxxxx and the Trade Contractor shall coordinate schedules with the
schedules of the other Trade Contractors. Conflicts among schedules
of the various Trade Contractors will be resolved by Xxxxxx.
6.5. The Trade Contractor shall furnish Xxxxxx with the following
information pertaining to his work within 5 days of Subcontract
award. No application for payment will be processed until all
information is received:
6.5.1. Total man-days required to perform the major items of work
broken down into meaningful detail as required for planning
by Xxxxxx.
6.5.2 Estimated weeks required to complete the work in each of the
major areas outlined above. Include crew sizes.
6.5.3. A schedule which combines both manpower and time
requirements.
6.5.4. A schedule detailing the shop drawings, fabrication sequence
and time required for fabrication and delivery of major
material and equipment including engineering and approvals.
6.5.5. Monthly work in place and cash flow projections.
6.5.6. All Trade Contractor schedules shall be updated and kept
current throughout the Project for review by Xxxxxx.
6.5.7. Submittal schedule for shop drawings, product data, samples,
warranties and O&M manuals. Submittals which do not conform
to the approved schedule may be subject to delays in
processing. Submittal schedules shall indicate engineering
time, fabrication time and anticipated date or delivery
conforming to Xxxxxx'x Project Schedule.
6.5.8. List of vendors and Trade Contractors with a description of
their scope for approval regardless of whether such vendors
are pre-approved in specification.
6.6. The Trade Contractor shall be responsible for expediting the
fabrication and delivery of its materials and shall coordinate
material delivery schedules with Xxxxxx. Should, in the opinion of
Xxxxxx, it become necessary in order to maintain scheduled job
progress to supplement the Trade Contractor's expediting efforts,
then all costs incurred by Xxxxxx will be charged to this Trade
Contractor as Xxxxxx may elect.
7. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
7.1. In addition to requirements of Architect, the Trade Contractor shall
submit shop drawings, product data and samples to Xxxxxx in
accordance with the following:
7.1.1. Shop drawings - one reproducible transparency and six opaque
reproductions.
7.1.2. Manufacturer's literature including catalog cuts, brochures,
charts, test data, any similar information - 7 copies
7.1.3. Samples - four of each.
7.1.4. In the case of the HVAC Trade Contractor, one set of
reproducible mylar transparencies shall be required for
coordination.
7.1.5. Xxxxxx will retain the architect's commented shop drawing
reproducible and return one (1) print and/or one (1) sample
to the Trade Contractor.
7.2. In addition to the requirements of General Conditions Article
6.1.2.b, submittals by the Trade Contractor shall contain:
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7.2.1. Applicable standards, such as ASTM, Federal Specification
numbers.
7.2.2. Identification of deviations from Contract Documents.
7.2.3. Identification of revisions on resubmittals other than those
noted on previous submittals (including changes on shop
drawings) is required.
7.3. It is the responsibility of the Trade Contractors to verify that all
submitted shop drawings conform with the requirements of the Contract
Document and that all dimensions, conditions and quantities are
verified as shown and/or corrected on each submittal; that the
submittal is in sufficient detail to serve its intended purpose; and
that all previous applicable changes made in the Project by Change
Orders and other Xxxxxx directives have been properly shown on each
submittal affected.
7.4. On resubmissions of any shop drawings, product data or samples, the
Trade Contractors shall make any corrections or changes noted on
previous submittals and resubmit as specified for the initial
submittal. The Trade Contractor shall be responsible for the delays
and costs caused by rejection of submittals due to incorrect shop
drawings, samples and manufacturer's data.
7.5. Samples submitted by the Trade Contractor shall be of sufficient size
to illustrate the functional characteristics of their products, with
integrally related parts and attachment devices, and the full range of
colors, textures, and patterns.
7.6. The Trade Contractor is responsible for seeing that "Approved" copies
of shop drawings bearing the approval of the Architect/Engineer and
Owner's Consultants are on the job and being implemented in the field.
7.7. Where information from one Trade Contractor is required by another
before drawings can be made, such as opening locations, etc., that
information shall be requested from Xxxxxx and/or provided in
sufficient time to cause no delay.
7.8. Any notations or markings on shop drawings made by the
Architect/Engineer, which Trade Contractor considers a change shall be
immediately brought to the attention of Xxxxxx and processed as
outlined in the General Conditions. Fabrication or installation prior
to such notification shall be at this Trade Contractor's risk.
7.9. Any deviation from contract Documents must be clearly noted on all
submissions and transmittals requesting specific approval. The
Architect/Engineer's review of submissions as a whole without such
notation shall not constitute approval of any deviation. Any costs
(including those from Xxxxxx, other Trade Contractors, engineers,
architect, or consultants) arising from a deviation shall be the sole
responsibility of this Trade Contractor.
8. CHANGES
8.1. Within 5 days of a request for proposed changes in the work, the Trade
Contractor shall submit an itemized detailed listing of quantities
with the applicable unit cost and extended price for each. All unit
prices and labor rates are to be approved by Xxxxxx prior to the
submission of the first change estimate.
8.2. As a minimum, the detailed breakdown shall include the following:
8.2.1. Actual labor costs, itemized by each trade involved, showing
the hourly rate for each. Labor rates shall be the same for
extra and credit computations.
8.2.2. Burden on Labor, which shall be calculated to reflect the
actual costs of mandatory fringe benefits, taxes on labor,
xxxxxxx'x compensation, insurance on labor as affected by
payroll, unemployment taxes, including FICA and FUI.
8.2.3. Actual quantities of material and equipment, with their actual
unit costs. Provide vendor quotes for all material and
equipment not having established unit prices.
8.2.4. The cost of subcontracted work, computed in the same way as
provided under this Subparagraph. Provide Trade Contractor
backup.
8.2.5. Overhead and profit as described in the General Conditions.
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8.2.6. Sales tax or use tax on materials, if applicable.
8.2.7. Bond Premium, if bonded.
8.3 All backcharges against the Trade Contractor will carry a 20% Owner
management charge, except for cleaning backcharges which will have a
25% charge.
8.4 Costs for labor shall be in accordance with rates published by the
Building Trade Employer's Association with an allowance for applicable
insurance, overhead and profit.
8.5 Material costs shall be at the actual cost to the Trade Contractor, or
Trade Contractors, including discounts and rebates. Upon request, the
Trade Contractor (or Sub-Trade Contractor) shall submit evidence to
substantiate the costs. Material shall be quoted at trade discount
prices, with quantity discounts also applied where the quantities
warrant. In any proposal with material credits, the credit shall be
based on the actual Contract cost of the material (including trade and
quantity discounts) less any charges actually incurred for handling or
returning a material which has been delivered or for engineering,
fabrication or storage charges. Otherwise, no "cancellation" charge
will be allowed when material has not been shipped.
8.6 The percentages allowed for overhead profit or commission shall be
deemed to include: (1) field and office supervision and
administration, (2) use of small tools; (3) shop burden; (4)
engineering and estimating costs; (5) performance bonds, (6)
supervision above xxxxxxx level (7) timekeepers and accountants' wages
and expenses; (8) clerical and general office wages and expenses, (9)
bonuses or above scale wages, (10) personnel expenses and travel
allowances.
8.7 For changes involving both extra and credit amounts, the overhead and
profit shall be applied only to net difference of labor and materials
where the extra exceeds the credit.
8.8 All requests for pricing must be submitted within 5 calendar days.
Xxxxxx reserves the right to estimate changes on this Trade
Contractor's behalf and submit to the Owner for approval should
pricing not be submitted within 5 days, at which time this Trade
Contractor will be bound by this pricing.
8.9 All unit prices, unless otherwise noted, are to include all incidental
work normally required in connection with the particular type of work
involved and would include, but not necessarily be limited to:
8.9.1. All engineering including detailing and shop drawings.
8.9.2. All material costs including an allowance for waste are
included in unit prices.
8.9.3. Providing all necessary accessories.
8.9.4. All fabrications and shop costs.
8.9.5. All shop and field labor including supervision and
engineering layout costs.
8.9.6. All temporary utilities required including safety
precautions.
8.9.7. All costs of standby trades during or beyond normal working
hours.
8.9.8. All transportation, freight, insurance, taxes, overhead and
profit, and bonding costs.
8.9.9. All safety requirements.
9. PROJECT MEETINGS
9.1 Each Trade Contractor shall have responsible representation at weekly
coordination meetings held at Xxxxxx'x job office. These meetings will
be held for the benefit of all trades by coordinating daily activities
of Trade Contractors and Xxxxxx. Trade Contractors failing to attend
such meetings shall be held responsible for delays and/or expenses
incurred due to coordination difficulties. Attendance shall be
mandatory for all parties
Project No. 9654 Issue March 7, 1997
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notified to attend. The representatives shall be qualified and
authorized to act on behalf of the entity each represented on all
matters discussed.
9.2. Coordination meetings with Xxxxxx'x project staff will be required
sufficiently prior to the scheduled start of work so as not to
delay the work of this Trade Contractor or other Trade Contractors.
10. RECORD DOCUMENTS
10.1. Record drawings shall be legibly marked to record actual
construction: horizontal and vertical locations of underground
utilities and appurtenances referenced to permanent surface
improvements; location of internal utilities and appurtenances
concealed in the construction referenced to visible and accessible
features of the structure; field changes of dimensions and details;
changes made by Change Order; details not on original Contract
Drawings. All changes, revisions and additions made in the
installation of the work which differ from that required by the
Drawings must be noted.
10.2. At contract close-out, the Trade Contractor shall deliver the
Record Documents to the Owner accompanied by a transmittal letter,
in duplicate, containing the Project title, the Trade Contractor's
name and address, title and number of each record Document
certification that each Document is complete and accurate and the
signature of the Trade Contractor or his authorized representative.
10.3. In additional to the CADD discs required by the General Conditions
the Trade Contractor shall submit one (1) mylar and four (4)
blueline prints of all as-built drawings. The drawings shall be
clearly marked as-built.
11. OPERATIONS AND MAINTENANCE DATA
11.1. Prior to final inspection and acceptance, the Trade Contractor
shall fully instruct the Owner's designated operating and
maintenance personnel about all products, equipment and systems.
The instruction time shall be sufficient to instruct all shifts of
the Owner's operating and maintenance personnel. The Operations and
Maintenance Manuals shall constitute the basis of instruction.
12. HOISTING/SCAFFOLDING
12.1. Each Trade Contractor will be responsible for the hoisting of his
own material and equipment and all required scaffolding and staging
for its work.
12.2. An area of exterior wall will be left off the building to allow
stocking of the building. Any perimeter protection that is taken
down to allow for hoisting by this Trade Contractor shall be
immediately replaced, including times when the area is unattended
(i.e. coffee break). FAILURE TO DO SO WILL RESULT IN A $1,000 DOLLAR
FINE FOR EACH INFRACTION CHARGEABLE TO THE TRADE CONTRACTOR.
13. CLEAN-UP
13.1. All Trade Contractors and their subordinates shall be required to
provide for the cleaning of their own debris to a central location
on a daily basis. Trade Contractors shall daily dispose of their
rubbish, debris, cartons, crates, excess and waste materials etc.,
leaving work area "broom clean". Such central location shall be
defined as a dirt chute or a roll-off container located on premises
in accordance with Site Logistics Plan. Xxxxxx will provide
"buggies" in sufficient quantities on each floor to facilitate
cleaning operations. Trade Contractor shall be responsible for
emptying full buggies and returning empty buggies to floor
immediately after emptying. Trade Contractor shall include hoisting
for its cleaning operation in accordance with the requirements
defined elsewhere in these Special Provisions.
13.2. Should clean-up work not be performed within any 24 hour period,
Xxxxxx, upon verbal or written notification, shall cause work to be
performed by others. The cost of the work will be backcharged to
the Trade Contractor at cost plus a 25% management charge. Should
additional cleaning be required due to Trade Contractor's
collective failure to provide for its own clean-up as described
herein, Xxxxxx shall perform such clean-up as required to maintain a
safe and orderly jobsite. Costs shall be distributed on a pro-rata
basis to
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Trade Contractors working in area. This provision applies to
building, site and shanty area.
13.3 Xxxxxx'x sole responsibility for cleaning shall be limited to
providing dirt chute, containers, "buggies" and "broom" cleaning of
dust and dirt not attributable to a specific Trade Contractor's
operation. In addition, Xxxxxx shall engage the services of a
cleaning contractor to provide pre-occupancy final cleaning such as
polishing, vacuuming etc. These services are in no way intended to
limit the Trade Contractor's responsibility for cleaning.
13.4 Trade Contractors are responsible for cleaning up any spillage, or
overspray, or other rapid accumulation of debris immediately if a
safety hazard is created, or as otherwise directed by Xxxxxx.
13.5 The Trade Contractor will repair, restore, and clean or bear the
expense of same, for damage or soiling to the work and property of
others caused by the Trade Contractor.
13.6 Burning of refuse on the site will not be permitted.
13.7 Waste material and rubbish shall not be thrown from upper levels to
lower levels or to the ground.
13.8 Xxxxxx and the Owner are committed to minimizing the impact of this
project on the environment. Trade Contractor shall use its best
efforts to recycle materials where practical and shall comply with
carting contractor's and Xxxxxx'x requests for separating debris at
jobsite. It is not the intent of this provision to place unreasonable
financial burden on the Trade Contractor in recycling of materials.
13.9 The above provisions shall apply to adjoining properties and public
streets.
14. INSTALLATION OF ITEMS FURNISHED BY OTHERS
14.1 Where material is specified to be furnished by others or furnish and
delivered only, the Trade Contractor installing the material shall be
responsible for scheduling the delivery, receiving, unloading,
storing, handling, relocating, protecting, hoisting, distributing,
layout and installing the same.
15. PROJECT SAFETY AND SECURITY
15.1 TCCo. has established programs for Safety and Fire Prevention that
shall be implemented on this project. This program [dated 1/24/97] is
hereby incorporated into these special provisions. Every Trade
Contractor shall be required to conform and cooperate with this
program. Safety meetings will be held regularly and each Trade
Contractor must be represented by their general Xxxxxxx or above. The
Trade Contractor is responsible for payment of any fines or penalties
resulting from their operations.
15.2 THE TRADE CONTRACTOR'S WORKERS WILL BE STOPPED FROM WORKING IN ANY
AREA THAT AN UNSAFE CONDITION IS OBSERVED. ANY WORKER REFUSING TO
STOP WORKING OR TO CORRECT UNSAFE CONDITION WILL BE DISMISSED FROM
PROJECT PERMANENTLY. IT IS THE TRADE CONTRACTORS RESPONSIBILITY TO
PROVIDE SAFE WORKING CONDITIONS, EQUIPMENT AND PROPER SUPERVISION FOR
ITS EMPLOYEES.
15.3 Xxxxxx reserves the right to have all hoisting equipment periodically
inspected by an independent inspector whose findings will be binding.
Corrections must be made within three days of receiving a written
report. Xxxxxx will not assume any responsibility for the safe
operation of the cranes by exercising this right. The structural
steel and curtainwall Trade Contractor(s) shall cooperate with the
inspector by allowing time for inspection. The Trade Contractor will
be notified 24 hours prior to the permits, and to have all hoisting
equipment inspected as required by City, State and Federal,
regulations or agencies having jurisdiction. Copies of all inspection
reports and crane certifications must be transmitted to Xxxxxx upon
receipt from the agency.
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15.4. All safety equipment including hard hats and other protective gear
required to perform the work of the Trade Contractor is to be
supplied by the Trade Contractor.
15.5. Any costs to Xxxxxx for Federal, City or State fines or penalties
resulting from the Trade Contractor's operations will be
backcharged to the Trade Contractor.
15.6. All flagmen required for deliveries and erection to the site are to
be furnished by the Trade Contractor.
15.7. Safety protection at the perimeter of the building and open shafts
will be furnished and installed by others unless specifically
included in this subcontract. Trade Contractors are responsible to
remove and replace safety protection as required. During
discontinuous or intermittent work operations, safety protection is
to be replaced immediately. Replacement cost of any protection or
safety devices removed by the Trade Contractor is to be borne by
the Trade Contractor.
15.8. The Trade Contractor is to provide its own protection in shafts as
required by Trade Contractor's operations. Trade Contractor shall
repair and restore any protection which is damaged or disturbed by
it's work.
15.9. The Trade Contractor shall be responsible for any loss or damage to
his property or operations [to the extent that it is not covered
by insurance provided by the Owner]. The Trade Contractor will also
maintain every reasonable precaution to prevent damage to the work
of other Trade Contractors during the course of construction;
damage to the work of the other Trade Contractors will be
backcharged to the offending party.
15.10. A list of key personnel, with addresses and home telephone numbers
for emergency purposes shall be given to Xxxxxx. This Trade
Contractor is to appoint a designated project safety person and
inform Xxxxxx of this person.
15.11. In accordance with the provision of the HAZARD COMMUNICATION
STANDARD 29 CFR-1926. Material Safety Data Sheets for any
chemical/substance along with any additional information, safety
data or supplemental material safety data sheets available now or
in the future are required to be submitted to Xxxxxx with the
submittals for approval.
15.12. Fire Protection will be the responsibility of everyone on site. Any
Contractor performing cutting, grinding, burning, welding, or other
heat, spark, or flame generating type of work will also provide
adequate number of portable ABC extinguishers in the vicinity of
the work. A fire watch must be performed during the activity and
for a minimum of one hour after completion.
15.13. This Trade Contractor shall perform the work in the safest possible
manner and provide erection of and maintain in safe condition all
bridges, stairs, sheds, fences, barricades, chutes, catch
platforms, and all other safeguards required by any and all laws,
codes, ordinances, rules, regulations, and requirements of public
authorities, and take all other measures necessary or proper to
protect human life and property. All such safeguards shall in all
respects be satisfactory to Xxxxxx and comply with all legal
requirements. This Trade Contractor shall, if required by Xxxxxx,
leave any such bridges, sheds, fences, and other safeguards in
place for Xxxxxx'x use until directed by Xxxxxx to remove the same
and shall thereupon promptly comply with such direction.
16. QUALITY CONTROL
16.1. The Trade Contractor will be required to provide all mock-ups
prior to the start of any work that is essential to the external or internal
appearance or function of the building as directed by Xxxxxx and the Architect.
The mock-up work will be performed in advance of its normal operations and the
Trade Contractor shall be responsible for expediting such delivery as required.
16.2. The Trade Contractor is to promptly rectify any deficiencies that
are noted in Xxxxxx'x or the Architect's field inspection reports.
The Trade Contractor's failure to promptly perform the subject
work, authorizes Xxxxxx without further notice to perform the
remedial work at the Trade Contractors expense plus 20% management
charge.
17. TRADE CONTRACTOR REQUIREMENTS
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17.1. The Trade Contractor shall notify the Owner of all sub-Trade
Contractor awards after prior approval has been granted.
17.2. By an appropriate agreement, written where legally required for
validity, the Trade Contractor shall require each sub-Trade
Contractor, to the extent of the work to be performed by the
sub-Trade Contractor, to be bound to the Trade Contractor by the
terms of the Contract, Documents, and to assume toward the Trade
Contractor all the obligations, responsibilities (waivers, rights,
remedies, etc.) which the Trade Contractor, by these Contract
Documents, assumes or waives toward the Owner. Where appropriate,
the Trade Contractor shall require each sub-Trade Contractor to
enter into similar agreements with lower tier sub-Trade Contractors.
The Trade Contractor shall make available to each proposed sub-Trade
Contractor documents to which the sub-Trade Contractor will be bound
by this paragraph, and identify to the sub-Trade Contractor any
terms and conditions of the proposed subcontract which may be at
variance with the Contract Documents. Each sub-Trade Contractor
shall similarly make copies of such Contract Documents available to
their lower tier sub-Trade Contractor.
17.3. The Owner will issue to the Trade Contractor one (1) set of prints
of the Contract Drawings and one (1) set of specifications related
to his work at the start of his contract and the same number of any
revised Documents during the performance of this contract which may
affect the scope of his work. The Trade Contractor shall be
responsible for reproducing prints and specifications for his own
use, or for his suppliers' use.
17.4. Except for tests, testing and inspections performed by a testing
Engineer in the employ of the Owner, the Trade Contractor shall be
responsible for the execution of all tests, testing and inspections
required by the specifications and by all governmental authorities
having jurisdiction, and shall pay the costs of all such tests,
testing and inspection. The Trade Contractors shall submit certified
results of the tests and inspections to Xxxxxx for the Architect's
approval. The frequency of the tests shall be such as not to delay
the work of following trades. TRADE CONTRACTOR SHALL INCLUDE COST OF
OVERTIME TESTING IF REQUIRED TO MAINTAIN THE SCHEDULE OR TO NOT
INTERFERE WITH THE PROGRESS OF THE WORK OF THE OTHER TRADES.
The Trade Contractor shall not cover any Work (a) before inspection
or testing, (b) before acceptance of such Work by the owner, (c)
contrary to applicable legal requirements or good construction
practice, (d) in violation of the Contract Documents or (e) contrary
to a timely request by the Owner, the Construction Manager or a
Design Consultant.
Trade Contractor shall cooperate fully with the personnel of the
Owner's testing agency and the Trade Contractor shall provide at no
additional cost to Owner, manpower, shop drawings, facilities,
scaffolds, properly calibrated equipment, etc. to reasonably assist
the testing agency personnel in their execution of their testing
and inspection. It shall be responsibility of Trade Contractor to
notify the testing agency prior to commencement of the Trade
Contractor's work. Trade Contractor shall not perform any work
unless such testing agency personnel are present.
It shall be the responsibility of Trade Contractor to notify the
testing agency in sufficient time to allow for travel arrangements
prior to commencement of Trade Contractor's work. Costs incurred for
inspections for rejected materials or un-approved installations will
be by Trade Contractor.
17.5. Within twenty (20) working days of the contract award, Trade
Contractor shall submit and have approved by Xxxxxx a complete list
of Foremen, Journeymen and Apprentice wage rates for straight and
overtime work for each trade for all Trade Contractor and Trade
Contractor labor to be utilized on the project. Once approved,
these rates will be the basis for pricing the labor cost of any and
all changes, including time and material changes. No payment for
change work will be made if approved rates have not been provided by
the Trade Contractor. These wage rates shall be in accordance with
the latest addition of the "Building Trade Employers Association
Summary of Trade Agreement and Wage Rates." Any bonuses, travel
expenses, travel time etc. not identified in the published rates
will not be reimbursed to the Trade Contractor or any way paid by
Xxxxxx or the Owner; such costs are considered as being included in
the Trade Contractor's percentage profit.
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17.6. Xxxxxx may periodically issue a list of current contract Documents.
Each Trade Contractor will be responsible to INSURE THAT HIS
PERSONNEL ARE WORKING FROM THE MOST CURRENT DOCUMENTS.
18. EQUAL EMPLOYMENT OPPORTUNITY
18.1. The Trade Contractor shall comply with all laws and regulations
regarding employment discrimination. No one shall discriminate
against any employee or applicant for employment because of race,
religion, sex, or national origin. The Trade Contractor shall
comply with HHS-514 as amended, titled "HHS Requirements for
Federally Assisted Construction Contracts Regarding Labor Standards
and Equal Opportunity Employment".
18.2. Sexual Harassment: Xxxxxx Construction Company has always stressed a
discriminating free working environment and has stated policy on
sexual harassment which prohibits any form of sexual harassment by
employees and non-employees on our job sites. All Trade
Contractors, suppliers and/or vendors are required to comply with
this policy and any and all other requirements of the New York
Employment Practices Act.
19. TEMPORARY CONSTRUCTION SERVICES AND PROCEDURES
19.1. All rigging for this work will be performed by the Trade Contractor
requiring same.
19.2. The full costs of standby or temporary services resulting from any
Trade Contractor working overtime or on weekends or holidays at his
election or to ensure completion of his subcontract obligation to
meet job progress shall be borne by the Trade Contractor. These
costs include but are not limited to power, water, sanitation,
heat, winter weather be added to such costs.
19.3. At the start of the project, an engineering survey will be provided
by The Owner consisting of building layout. The Owner will also
establish a bench xxxx on the first floor. All Trade Contractors
will be responsible for all subsequent layout, from these base
lines and grades. All Trade Contractors will be required to
coordinate their installation with this Control layout. No
surveying of any nature whatsoever will be provided by The Owner.
This Trade Contractor shall provide their own base line layout as
well as all interior partition layout, and to advise The Owner
immediately upon completing this layout of any coordination problems
with their work.
19.4 Any damages caused by carelessness or improper use of the temporary
utility connections by the Trade Contractor shall be rectified at
its cost.
19.5. Temporary electric light and power - as provided for in the
Temporary Electric Specifications. All equipment connections
including all conduit and wire from panel shall be at the Trade
Contractor's cost. Any costs associated with the use of the above
services beyond normal working hours or at lunch time, overtime,
weekends, and holidays will be borne by the Trade Contractor. A
15% management charge will be added to such costs.
19.6. Temporary water and toilets provided for in the Temporary Plumbing
Specification. Trade Contractors personnel shall not utilize toilet
facilities in other occupied areas of buildings. Trade Contractors
shall provide drinking water for their employees.
19.7. The Trade Contractor may furnish, install and remove at their cost
fireproof field offices, shanties, tool sheds, including power,
lights, water, telephone, etc. Location, size general arrangement
and appearance of Trade Contractor's items of plant, tools mixers,
cutters, etc., must be approved by the Owner before setting up at
the site. Construction details shall be subject to the approval of
the Owner and shall contain adequate fire protection and
equipment, conforming with applicable codes. Should any of the
above obstruct the progress of any portion of the work, they shall
be moved by the Trade Contractor without reimbursement of cost,
from place to place or from the premises, as The Owner may direct.
19.8. The cost of heating or cooling of these temporary structures shall
be the responsibility of each Trade Contractor, and installed in a
manner that meets all municipal code
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requirements. Electric service requirements will be directly
coordinated with and directly paid to the Electrical Trade
Contractor by this Trade Contractor.
19.9. Any work which may affect the fire protection and fire alarm
systems, either in the Building or the Garage, shall be planned,
coordinated, and approved in advance by The Owner and the Trade
Contractors. This includes dust generating work affecting smoke
detectors, ceiling tile removals where smoke/heat detectors or
sprinkler heads are mounted at the ceiling, and the shutdown of
sprinkler or fire alarm systems. Any work done to or affecting
an active fire alarm system shall be performed on overtime.
19.10. Heating and Cooling - No provisions for heating, cooling or
ventilation are being provided in the early stages of
construction. Safe and adequate measures must be provided by the
Trade Contractors who need heating, cooling or ventilation, to
comply with applicable building codes, manufacturer's limitations
and worker safety and health.
19.11. For equipment driven by gas or diesel engines, provide devices
for exhaust fumes and silencing equipment to ensure a safe
working environment, including providing fire protection for
same. Trade Contractor shall comply with all federal and local
laws or guidelines regarding noise control. Mufflers, whispered
compressors, etc., shall be used throughout Trade Contractor's
work, if required. No fossil fuel burning equipment shall be
used within the interior spaces of the building.
19.12. Snow will be removed to provide access to the site. It will be
the Trade Contractor's responsibility to remove the snow from
their own equipment, material and in the area they are working
including metal deck and sitework. No salt or calcium chloride
will be used in snow or ice removal.
20. MANAGEMENT OF THE WORK
20.1. By 9:30 a.m. of each working day, submit to the Xxxxxx Project
Superintendent the following information:
20.1.1. The number of employees working at the site broken down
to indicate classification, i.e., foremen, journeymen,
apprentices, etc., including Trade Contractor's and a
count of minority, female and local employees.
20.1.2. Brief description of the work and where it is being
performed, including quantities of material to be
placed, i.e. tonnage and number of pieces of steel in
place, list of major equipment, etc.
20.2. Dust and fume control is essential to the reduction of health
risks to the surrounding personnel and public. The following
and other methods of dust control shall be provided by Trade
Contractor for its operations:
20.2.1. Adequate ventilation, including provision of temporary
ventilation when necessary, and as directed by Xxxxxx.
20.2.2. Wetting down.
20.2.3. Keeping bags of insulating materials, cement, etc.
closed.
20.2.4. Controlled mixing of these materials under field
conditions.
20.2.5. Special attention should be given to the removal of old
insulation, sawing of insulation and certain acoustical
materials.
20.2.6. Job housekeeping must be maintained.
20.2.7. Making all personnel conscious of the problem - both
Supervisors and workmen.
20.2.8. Washing of all vehicles leaving site before entering
public highways.
20.3. Final cleaning of this Trade Contractor's work and subsequent
protection of same is the responsibility of the Trade Contractor.
20.4. The Trade Contractor shall employ a competent full time
superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the work,
and shall carry a walkie-talkie type radio programmed to the same
frequency used by
106
ATTACHMENT "C"
MARCH 19, 0000 XXXXX XX XXXXXXX
XXXXX XXXXXX, XX
Xxxxxx. The superintendent shall represent the Trade Contractor
and all communications given to the superintendent shall be as
binding as if given to the Trade Contractor. Important
communications shall be so confirmed on written request in each
case. The superintendent (and any replacement superintendent)
shall be acceptable to Xxxxxx.
20.5. The Trade Contractor shall confine operations on the Premises to
areas designated by Xxxxxx and permitted by law, ordinances,
permits and the Contract Documents, and shall not unreasonably
encumber the premises with any materials or equipment. The Trade
Contractor shall coordinate all of his operations with, and
secure approval from Xxxxxx before using any portion of the
Premises.
20.6. Trade Contractor shall provide personnel who shall be available
on a 24 hr basis for handling emergencies. Trade Contractor
shall furnish 24 hr emergency phone numbers for this person plus
two alternates.
21. PROJECT CLOSEOUT
21.1. Xxxxxx will utilize the philosophy of "Project close-out begins
with job start-up." The following close-out procedure shall be
followed:
21.2. This Trade Contractor shall forward all warranties and
guarantees as applicable to Xxxxxx within one month following
substantial completion, or one month after your scope of work is
95% complete, or be subject to a $1,000 deduct change order per
week and delay in final payment.
21.3. A minimum of ten (10) copies of operating and maintenance
manuals will be turned over to the Owner. In addition mylar
reproducible as-built drawings, and fill-in "Data on Equipment
Furnished" and "Technical Data Record" sheets will be prepared
by the Trade Contractor and turned over to the Owner. The Trade
Contractor shall forward operating & maintenance manuals per the
following schedule:
21.31.1. Six (6) months prior to substantial completion provide
a single copy of all O & M manuals for Owner, Xxxxxx
and Architect review.
21.3.2. Three (3) months prior to substantial completion
provide final copies of the O & M manuals.
21.3.3. As-built drawings must be submitted to Xxxxxx one month
prior to substantial completion.
21.4. If items .1, .2, and .3 above are not met, this Trade Contractor
is subject to a $1,000 deduct change per week and a delay in
final payment.
21.5. Trade Contractor will be required to execute Xxxxxx'x Completion
and Warranty Certificate form, and the Architect's form.
21.6. This Trade Contractor shall complete all punchlist work within
three (3) weeks after substantial completion or be subject to a
$1,000 deduct change order per day and delay in final payment.
107
ATTACHMENT "D"
MAP
XXXXX 0
XXXXXXXXXXX XXXXXXXX SEQUENCE
START AT FRONT OF BUILDING AT COLUMN 13 AND PROCEED CLOCKWISE
108
ATTACHMENT "D"
MAP
PHASE 5 MONTH 3.5-4.5
o COMPLETE BUILDING EXCAVATION
o COMPLETE MAIN ROAD ELECTRICAL SERVICE TO ROUTE 120
o TOPSOIL & SEED ON MAIN ROAD & SERVICE ROAD TO ROUTE 120
o SET-UP ENVIRONMENTAL CONTROL AT GARAGE
o CLEAR & GRUB & STRIP TOPSOIL AT GARAGE
o BEGIN EXCAVATION & STOCKPILE AT GARAGE
o CONTINUE SITE UTILITIES, START ON WATER LINE
109
ATTACHMENT "D"
MAP
PHASE 6 MONTHS 4.5-6
o COMPLETE GARAGE EXCAVATION
o COMPLETE STOCKPILE
o COMPLETE UTILITIES
o COMPLETE WATER LINE
o CONTINUE BUILDING FOUNDATION
o BEGIN GARAGE FOUNDATION
110
ATTACHMENT "D"
MAP
PHASE 7 MONTH 6-12
o BUILDING SUBSTANTIALLY ENCLOSED
o GARAGE STRUCTURE COMPLETE
o BUILDING & GARAGE FILLS
o SPREAD BUILDING & GARAGE TOPSOIL
o BEGIN LANDSCAPING
o REMOVE CONSTRUCTION PARKING LOT
o REMOVE STOCKPILES & TOPSOIL
o REMOVE SEDIMENT TRAP #3
o REMOVE ROCK CRUSHER
111
ATTACHMENT "D"
MAP
PHASE 8 MONTH 12-20
o REMOVE ALL SEDIMENTS TRAPS
o CLEAN BASINS
o FINISH LANDSCAPE
o REMOVE CONSTRUCTION PARKING LOT
o BUILDING COMPLETE
o DEMOLITION OF BUILDING
o REMOVE CONSTRUCTION STAGING
112
ATTACHMENT "E"
SWISS RE AMERICA U.S. HEADQUARTERS XXXXXX XXXXXXXX #0000X
XXXXX XXXXXX, XX MARCH 19, 1997
SPECIFICATIONS FOR TEMPORARY LIGHT & POWER
FOR CONSTRUCTION PURPOSES
1. CODE REQUIREMENTS
The electrical work for construction purposes shall conform to all
Federal, State and Municipal requirements and must comply with the
National Electrical Code and the Occupational Safety and Health Standards
of the Occupational Safety and Health Act of 1970. This contractor shall
obtain and pay for any required applications, permits and inspections
pertaining to this work.
2. GENERAL
Temporary work shall be installed in such a manner so as not to interfere
with the permanent construction. If such interference does occur, it will
be the responsibility of this subcontractor to make such changes as may be
required to overcome the interference. The cost of these changes are
included as part of the subcontract price.
Local power centers shall be constantly maintained to prevent the
accumulation of "rat's nest circuitry". All temporary wiring shall be
suspended and maintained at least eight feet above finished floors and
pass through permanent walls and partitions above the permanent ceiling
level. No open conductor wiring is acceptable.
It is anticipated that the electrical subcontractor will make temporary
use of the telephone risers when installing the temporary lighting and
power system.
3. MATERIAL REQUIREMENTS
As the life of this installation is limited and as this installation will
not form a part of the finished building, minimum cost is the basic
requirement consistent with material and workmanship which will
satisfactorily meet job conditions and regulations of all governing
authorities.
4. MAINTENANCE
All temporary facilities are to be maintained and kept in good operating
condition. Maintenance men necessary to perform this work shall be
provided so that other trades are not delayed.
The Electrical Subcontractor shall be responsible for installing and
maintaining a reasonably balanced system and shall take current readings
on the feeders at regular intervals as required by Xxxxxx. Temporary
wiring is to be laid out, balanced and wire sized so as to produce a
voltage drop of no greater than 5% at the extreme end of the line when
operating at full load.
5. TRANSFER TO PERMANENT SERVICE
The permanent power service shall be activated as soon as possible. It is
anticipated that the permanent service will be available approximately
May 1998 to feed the project.
Page 1
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ATTACHMENT "E"
SWISS RE AMERICA U.S. HEADQUARTERS XXXXXX XXXXXXXX #0000X
XXXXX XXXXXX, XX MARCH 19, 1997
SPECIFICATIONS FOR TEMPORARY LIGHT & POWER FOR CONSTRUCTION PURPOSES
6. REMOVAL AND SALVAGE
The Electrical Subcontractor shall disassemble and remove from the
property all temporary electrical wiring, lights, equipment, etc. when
its use is no longer required. Surplus material will be salvaged and the
salvage value reflected in the lump sum price.
7. PROTECTION
The Electrical Subcontractor will protect his installation against
weather damage and the normal operations of other trades. This includes
all plywood/watertight enclosures.
8. SCOPE OF WORK
Provide labor, material, equipment and power company fees and costs for
the installation and maintenance of temporary light and power as may be
required during the period of construction (including necessary temporary
transformers). This includes both temporary service and switch-over to
permanent power. Cost of electricity will be by Owner.
A. SERVICE
Con Ed will provide temporary 3-phase, 60 cycle, 13,000 volt
service, via a 500 KVA transformer, (note: this cost by others).
This transformer shall be placed on a temporary precast concrete
pad, along with all associated temporary equipment (distribution
boards, disconnect switches, meters, CT's, etc.). The transformer
will be located on the east end of the building near the loading
dock area (subject to change). The Electrical Subcontractor will
pick up from the Con Ed transformer and equipment and will
distribute electrical service for light and power to all points of
the building, garage, and cooling tower as may be required for
construction purposes, and as hereinafter described. This
subcontractor to coordinate directly with Con Ed in completing this
work to meet their requirements. All temporary enclosures required
shall be provided by this subcontractor. Final switching sizing
will be coordinated by this subcontractor and Con Ed.
This Subcontractor shall include all costs and fees for connecting
site utilities to existing sources, including permits, tap-in fees,
etc. as required by relevant authorities.
B. TEMPORARY LIGHTING
The Electrical Subcontractor shall include all labor and materials
to install and maintain an OSHA approved temporary lighting system
with pigtails and protective xxxxxxx using 100 watt bulbs.
Temporary wiring will be of a moveable nature suspended from the
structure above in such a manner so as not to do damage to the
spray-on fireproofing when being installed, maintained, relocated,
or removed.
Page 2
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ATTACHMENT "E"
SWISS RE AMERICA U.S. HEADQUARTERS XXXXXX XXXXXXXX #0000X
XXXXX XXXXXX, XX MARCH 19, 1997
SPECIFICATIONS FOR TEMPORARY LIGHT & POWER FOR CONSTRUCTION PURPOSES
--------------------------------------------------------------------------------
MAIN BUILDING
i. Distribution for general lighting will be made from the main
distribution board to temporary lighting panels mounted on movable
stands provided by this contractor located on each floor. Temporary
lighting panels shall be equipped with 15A circuit breakers
for lighting circuits. From these lighting panels, 3 wire No. 12
circuit wiring with "pig tail" lamp holders will distribute light in
accordance with OSHA requirements but at no time shall temporary
lighting be less than 1/4 watt per square foot for the entire floor
area.
ii. All mechanical rooms/areas will require a minimum of 1/2 watt per
S.F.
iii. All stairwells will require a light at each landing and all
intermediate landings.
iv. All entrances and exits of the building will require a single
string of lights with bulbs a minimum of 10 feet on center.
v. Special Requirements:
a. All stairwell, entrance and exit, elevator lobbies, and at
least 10 percent of the mechanical area lighting shall remain
on at all times.
b. All other temporary lighting shall be controlled by appropriate
on/off equipment located at a central location to be determined
by Xxxxxx. Xxxxxx shall have 24-hour access and control of this
on/off equipment.
c. The replacement of all bulbs and temporary wiring shall be
included as part of these requirements. At least on a weekly
basis, the entire job shall be checked and re-lamped as
required. At no time shall more than 5 percent of the
temporary lighting be not operational.
d. During the masonry, drywall, taping and finish painting
operations, a minimum of one light shall be installed in every
room, using the permanent wiring system. These lights shall
remain operational until the permanent fixtures are
operational. Xxxxxx'x Superintendent shall determine if
sufficient lighting is being provided for the finish
operations.
e. Provide temporary lights in each elevator hoistway.
f. Provide twelve (12) temporary light stands with two quartz
lights for use by other trades.
g. Provide fifteen (15) 500 watt flood lights of site lighting
purposes as located by Xxxxxx.
Page 3
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ATTACHMENT "E"
Swiss Re America U.S. Headquarters Xxxxxx Xxxxxxxx #0000X
Xxxxx Xxxxxx, XX
March 19, 1997
SPECIFICATIONS FOR TEMPORARY LIGHT & POWER FOR CONSTRUCTION PURPOSES
--------------------------------------------------------------------------------
GARAGE
f. Distribution for general lighting will be made from the main
distribution board to each floor via the garage's light well.
Temporary lighting panels mounted on movable stands shall be
provided by this contractor as required. Temporary lighting
panels shall be equipped with 15A circuit breakers for lighting
circuits. From these lighting panels, 3 wire No. 12 circuit
wiring with "pig tail" lamp holders will distribute light in
accordance with OSHA.
g. All stairwells will require a light at each landing and all
intermediate landings. Distribute light in the garage lower level
in accordance with OSHA requirements but at no time shall
temporary lighting be less than 1/4 watt per square foot for the
entire floor area. A minimum of one light shall be installed in
every room.
h. All stairwell, entrance and exit "egress path" lighting shall
remain on at all times.
C. POWER
i. Small Tools
Provide 60-amp, 120/208 volt power centers and "pigtails" for small
tools located throughout the project (building, garage, pump house
etc.) so that all floor areas can be covered with standard 00-xxxx
xxxxxxxxx xxxxx. Power circuits shall be connected to OSHA approved 20
amp ground fault breakers.
ii. Welding Machines
Provide 000-xxxx, 0-xxxxx, 00-xxx power for welding at each level in
the building and at one location in the parking garage.
iii. Elevators
Provide power using insofar as possible permanent risers to permanent
elevators for temporary elevator use and elevator construction. This
shall include breakers, wiring, and connections. This Subcontractor
shall also provide, as required, Temporary Electric Service to
traction elevators for adjustment, testing, etc. should permanent
electric service not be available at that time.
This Subcontractor shall provide permanent power to elevators no later
than March 1998. This includes permanent installation of all elevator
recall by facilities and associated elevator machine rooms, complete
in every respect.
Page 4
116
ATTACHMENT "E"
Swiss Re America U.S. Headquarters Xxxxxx Xxxxxxxx #0000X
Xxxxx Xxxxxx, XX
March 19, 1997
SPECIFICATIONS FOR TEMPORARY LIGHT & POWER FOR CONSTRUCTION PURPOSES
--------------------------------------------------------------------------------
iv. Sump Pumps & Booster Pumps
a. Provide power to feed the garage sump pump according to the
requirements of the Temporary Plumbing Specifications.
b. Provide power to feed one booster pump according to the
requirements of the Temporary Plumbing Specifications.
v. Testing Center
The Electrical Subcontractor shall provide and maintain two OSHA
approved ground fault duplex receptacles for use by all trades to test
electrical equipment. Location to be as determined by Xxxxxx.
D. COMMUNICATIONS
An emergency alert system complying with OSHA requirements shall be
provided and maintained by this subcontractor. This system shall include as
a minimum, eight (8) 10" speakers on each floor, a master mouthpiece and
amplifier located in a central location to be determined by Xxxxxx, one
base station in Xxxxxx'x field office, telephone handsets and buzzers, as
required.
E. MATERIALS
Furnish all wire and materials necessary to perform the above work,
utilizing permanent systems whenever possible.
When no longer needed, all temporary work will be removed and material
salvaged insofar as possible. Salvage value is to be reflected in the lump
sum price for the temporary work. Temporary job-made wooden enclosures and
panel box stands will be furnished by this subcontractor.
Cost of stepdown transformers, etc. as required for lighting, low voltage
power, etc. is to be included in the lump sum price. The Electrical
Subcontractor shall also include in lump sum price all costs for grounding
to meet all utility and governing authorities' requirements.
EXCLUSIONS:
1.) Subcontractor's Shanties
Page 5
117
ATTACHMENT "F"
SPECIFICATION
for
CURTAIN WALL
Section 08900
[LOGO]
SWISS RE AMERICA
U.S. Headquarters
King Street
North Castle, New York
XXXXXXX ASSOCIATES
Architects
------------------
ISSUE DATE
MARCH 7, 1997
118
ATTACHMENT "F"
CURTAINWALL
SECTION 08900
PAGE 1
--------------------------------------------------------------------------------
1.0 GENERAL
1.1 DESCRIPTION
.1 Work of this Section shall conform to the requirements of the
Contract Documents.
.2 Tender Proposals
.1 Submit with tender, proposed drawings based on the design and
performance requirements shown on the drawings and specified
herein.
.2 Provide with tender, name of building recently completed and
previous test results of similar curtain wall system.
1.2 RELATED WORK SPECIFIED ELSEWHERE
.1 Cast-in-Place Concrete Section 03300
.2 Structural Steel Section 05510
.3 Roofing & Sheet Metal Section 07552
.4 Gypsum Board Section 09250
.5 Exterior Building Maintenance Equipment Section 11014
.6 Mechanical Division 15
.7 Electrical (including Security Devices) Division 16
1.3 EXPERIENCE
Execute this work by a firm who has adequate plant, equipment and skilled
workers to perform work expeditiously and is known to have been responsible
for installations similar to that specified during the immediate past five
(5) years.
1.4 WORK INCLUDED
.1 Engineer, submit shop drawings, data and sample materials, test,
fabricate, erect and warrant the curtain wall. The Subcontractor shall
be fully responsible for the structural integrity, weathertightness
(air and watertight to the standards specified) of the curtain wall.
.2 The work shall include, but is not necessarily limited to the
following:
.1 Aluminum mullions, glass, glazing and curtain wall assemblies.
.2 Insulated interior galvanized metal back pan air seal to the
aluminum mullions.
Project No. 9654 Issue March 7, 1997
119
ATTACHMENT "F"
CURTAINWALL
SECTION 08900
PAGE 2
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.3 Catwalk, catwalk hangers, aluminum grating, aluminum monorail for
support of window washing stage.
.5 Operable windows.
.6 Doors.
.7 Aluminum channel in spandrel at catwalk and aluminum reveal at
base of curtainwall.
.8 1/8" sheet aluminum spandrel (note: long lengths).
.9 Fire/smoke stop between concrete floor and curtain wall.
.10 Exterior prefinished copper clad column covers on back-up board.
.11 Exterior prefinished copper clad spandrel covers on back-up
board.
.12 Aluminum panel soffits, framing and suspension.
.13 Provide all fixing plates, brackets, and assemblies required for
complete installation.
.14 Metal flashing, flexible membrane and sealant between curtain
wall and adjacent materials.
.15 Thermafibre insulation to back of curtain wall to provide 1 hour
rating.
.16 Sealing of curtain wall, interior and exterior.
.17 Supply and set out (install) floor anchors for curtain wall.
.18 Mock-ups, samples, shop drawings.
.19 Testing to specified standards.
.20 Maintenance manual.
.21 Installation and removal of protection.
.22 Convector cover.
.23 Spare stock of sealed units.
Project No. 9654 Issue March 7, 1997
120
ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 3
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.24 Back-up board to inside of curtain wall (to achieve an STC rating
through the spandrel of 40)
1.5 BUILDING REGULATIONS
1. Design of curtain xxxxxxx shall comply with all Government Codes and
Regulations, Fire Regulations, State of New York Building Code, Safety
Regulations and any other regulations applicable to the installation.
1.6 REFERENCE STANDARDS
.1 The works shall be in accordance with ASTM E283,ASTM E330, ASTM E547,
ASTM E331, ASTM E283, ANSI A58.1, NAA MM Standard TM-1-68T.
1.7 DESIGN REQUIREMENTS
.1 General
.1 The design, fabrication, installation and performance
requirements herein specified are intended to establish minimum
performance and general principles.
.2 The Subcontractor shall be entirely responsible for the curtain
wall installation and associated works, for achieving or
surpassing the design and performance criteria for all components
and assemblies of the installation.
.3 The engineering-design of the work of this section shall be
certified by a Professional Engineer experienced in the design of
curtain wall. Request approval of all deviations or
non-compliance to the project standards.
.4 Architectural drawings are diagrammatic. Details are intended as
a guide for the aesthetic and interfacing requirements of the
curtain wall to and with other work and are not to be construed
as engineering design or adequate to meet the engineering design
requirements. The engineering design of the curtain wall is the
responsibility of this trade. Material types, sizes, and/or
thicknesses shown on the drawings are the minimums acceptable and
shall not be reduced regardless of engineering design.
.5 The Subcontractor is responsible for coordination with the window
washing contractor regarding size, shape, alignment and
tolerances of window washing track.
.2 Climatic Conditions
.1 Minimum exterior air temperature 11 degrees F DB
Project No. 9654
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ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 4
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Maximum exterior air temperature - Daytime 92 degrees F DB,
74 degrees FWB
.2 Humidity
Varies Summer 50% @ 75 degrees F DB
Winter 30% @ 32 degrees F DB
15% @ 11 degrees F DB
.3 When air conditioning systems is not operating
Minimum interior air temperature 60 degrees F
Maximum interior air temperature 105 degrees F
.3 Thermal Movement
.1 Design all components of the installation to allow for thermal
movement resulting from a surface temperature of exterior metal
surfaces of 170 degrees F.
.2 All components of the installation shall be capable of
withstanding noiselessly all thermal movements, resulting from
specified temperature differential without buckling, distortion,
cracking, failure of joint seals, undue stress on glass and
fixing assemblies or other harmful effects.
.3 Fastening of copper clad spandrel panels to framing shall be
designed to allow movement without visual buckling or distortion.
.4 Thermal Performance Requirements/Vapour Barrier
.1 Thermal Performance
.1 Spandrel shall provide R20 thermal performance.
.2 There shall be no condensation on the interior surfaces
under the design conditions specified. Provide a thermal
break if required to meet this requirement.
.2 Air Seal/Vapour Barrier
.1 The curtain wall shall have a continuous air and vapour
tight layer within the limits specified below, immediately
to the exterior side of all insulation. The air and vapour
tight layer may consist of different materials at different
points in the assemblies, but the joints between these
materials shall continue the integrity of the air and vapour
seal and be non-combustible.
.2 It is the responsibility of this trade to design and provide
the air seal between the curtain wall and adjacent surfaces;
e.g. walls, roof.
.3 Air infiltration and exfiltration of the curtain wall shall
not exceed .03
Project No. 9654
122
ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 5
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cfm/s.f. when subjected to a pressure of 6.24 lbs per s.f.
.5 Structural Building Movement and Tolerances
.1 Dead and Live Loads: the curtain wall system and fixing
shall be designed to accommodate differential structural
movements, deflections, creep, and thermal movement of the
structure, and other elements.
.2 The design of the curtain wall and fixing to structure shall
accommodate building construction tolerances in accordance
with those specified in the AISC (American Institute of
Steel Construction) Code of Standard Practice, and latest
edition (refer to drawing BSK-69 attached) and movements as
outlined below.
.3 The Subcontractor will be responsible for agreeing to all
tolerances with the Contractor.
.4 The curtain wall system shall be designed to accommodate the
horizontal drift and racking of the building due to wind
resulting in a floor to floor offset of L/500. Glass bite
shall not be reduced below 3/8" under deflected condition.
.5 Allow for a differential deflection of spandrel beams after
curtain wall installation of 1/4" maximum (1/2" at base).
.6 The curtain wall system shall be designed so that the
failure of any one element (eg. bolt, anchor, embed) will
not result in progressive failure of the wall.
.6 Structural Performance Requirements
.1 Design curtain wall to resist positive and negative wind
loads of 30 psf. typically and 39 psf within 25' of the
corner.
.2 The cladding system shall be designed to accept 150% of the
design loads without failure or permanent deformation.
.3 Deflection of metal cladding or any framing or coupling
member (mullions) when carrying full design load shall not
deflect more than 1/240 of its clear span, maximum 3/4".
.4 All components, couplings and fixing assemblies shall be
designed and installed in such a manner as to be capable of
accommodating all of the above deflection without
distortion, deformation or failure.
.6 The specified deflection allowable shall be reduced if it is
in any way
Project No. 9654
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Attachment "F"
CURTAIN WALL
SECTION 08900
PAGE 6
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detrimental to any curtain wall element, sealants and/or
sealant joints, glass and/or glazing, or related components
and adjacent structural or building elements.
.7 Design catwalk system to support loads as shown on attached
drawing BSK-47. Closely co-ordinate design with Exterior
Building Maintenance Equipment Section 11014.
.8 Design convector cover to support a point load of 300 lbs.
.7 Resistance to Water Penetration
.1 There shall be no water penetration to the interior under a
pressure differential from exterior to interior of 10 psf.
.2 All components of the installation shall be gasketted,
baffled, overlapped and sealed as required to provide an
effective 'rain screen' pressure equalized barrier to
prevent rain water entry.
.3 All components outboard of the air seal shall be vented,
drained and pressure equalized to building exterior.
.8 Sound
.1 Curtain wall (windows and spandrel) shall have a Sound
Transmission Coefficient of 40 minimum.
.9 Fire/Smoke Stop and Air Seals and Fire Barrier
.1 Fire/smoke stop assemblies are to be incorporated at floor
levels. Submit for approval all fire/smoke stop assemblies
and fixing method.
.2 Provide 1 hour fire rated spandrel 36" high.
.10 Anchorage and Fixing Supports
.1 All anchorage and supports shall be designed, fabricated and
installed for full compliance with performance criteria
herein specified, including the accommodation of thermal,
wind pressure and other building dynamics, without hazard to
any component or assembly, glass and glazing and related
sealant applications.
.2 The Subcontractor shall be responsible to design and supply
all necessary anchorage and fixing supports for the complete
installation.
.3 Bolts, screws and nuts used for component assemblies and
their fixing to
Project No. 9654
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ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 7
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structure shall be of adequate strength for their design
purpose. They shall be used in accordance with the
manufacturer's recommendations, and bolts and fixings
failure load will have been substantiated by previous tests.
.4 Details describing the design, materials, location and
installation procedures of all anchorage and fixing supports
shall be fully described in the shop drawings.
.5 Floor anchor cast into concrete floor may be steel, prime
painted. Anchor attachment to mullion shall be non ferrous.
.6 Type and location of all fixings to be submitted to
Structural Engineer for his review with regard to load
applied to building structure.
.11 Opening Windows for Catwalk Access
.1 Opening window fittings must adequately support framework
and glass in operation and in the open position without
distortion or other damage under 50% of the specified wind
load and conform to the safety requirements.
.2 Locking devices incorporated in opening window construction
to be fitted with concealed multi-point locking (2 bolts
minimum) to meet the specified air infiltration
requirements.
.3 Control point to be fitted with a raised handle for
operation. Operation shall not require undue force. Windows
shall be designed to open from exterior as well as interior.
Provide removable handle.
.12 Aluminum Extrusions
.1 Design components to profiles indicated.
.2 Minimum thickness of aluminum extrusions is 3 mm. Reinforce
flange and web thickness as required for adequate rigidity
and strength. Sides of extrusions shall be square and flat.
.3 If required to meet design loads, reinforce aluminum
sections with aluminum structural sections.
.4 Aluminum extrusions shall be free of die marks and comply
with accepted standards for tolerance.
.13 Glass
.1 Glass shall be designed for a failure probability of 8 lites
per thousand under design load.
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.2 Glass shall be heat strengthened as required in order to meet the
wind loads, failure probability specified or to accommodate
thermal stresses and as required to meet building regulations.
.3 Glass within 1'-6" of the floor shall be safety glass.
1.8 CORROSION ANALYSIS
1. Engage an independent engineer who is an expert in corrosion who shall
conduct a component-by-component corrosion analysis of all items being
incorporated into the curtain wall system and provide report to
Architect.
1.9 SUBMITTALS
.1 Shop Drawings
.1 Submit shop drawings to the Architect for consideration before
any work is fabricated.
.2 Shop drawings shall show all plans, elevations, sections material
finishes and colour and full size details of fabrication,
assembly, installation and fixing anchorage, for all curtain
wall, window types and conditions.
.3 Full size details shall show and describe metal and glass gauges
and thicknesses, fire/smoke stops, construction and finishes,
areas to be sealed, types and application of sealants, gaskets,
thermal isolation materials, provisions for thermal movements,
fabrication and erection tolerances, application of vapour
barriers, and bolt torques.
.4 Shop drawings shall be properly identified showing in detail the
design and construction of all parts of the installation and
materials.
.5 Each copy of a shop drawing shall be stamped with the
Subcontactor's name, Professional Engineer's stamp, dated with
the submittal date, and signed by the Subcontractor.
.6 It is the responsibility of the Subcontractor to verify on site
and coordinate all dimensions and modules related to the work.
Shop drawings shall include a complete layout of modular and
referenced dimensions for all curtain wall assemblies.
.7 Final comment on the shop drawings shall be contingent upon the
complete submission of all structural calculations,
documentation, certifications, approvals (anchorage and fire stop
assemblies), samples, mock-up and test report. All samples,
technical material and pre-test results shall be submitted for
review prior to submission of shop drawings.
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.8 The Architect's comments will relate only to general aesthetic
and overall functional matters and not to the detailed design and
construction of components, which shall remain the complete and
sole responsibility of the Subcontractor.
.9 The Architect's consideration of shop drawings shall not relieve
the Subcontractor from his responsibility for errors or for
supplying components and materials to the full satisfaction of
the Architect.
.2 Structural Calculations
.1 Submit to the Architect for record purposes structural
calculations which are to include, but not be limited to
calculations for all curtain wall elements and/or sections,
connections, including anchorage and support fixing assemblies,
etc.
.2 Structural calculations shall be cross-referenced to the
applicable shop drawing details.
.3 Structural calculations shall have the stamp of a Registered
Professional Engineer licensed in the State of New York.
.3 Quality Control
.1 Submit to the Architect for comment with the shop drawings,
quality control procedures, both in the factory and on site, that
will be undertaken by the Subcontractor to ensure the design
integrity and performance of the installed curtain wall and
window assemblies.
.2 Submit to the Architect details of experience and qualifications
of the supervisor who will be employed on site to control the
installation and fixing and glazing operations, his capabilities
to explain methods and materials to ensure that components are
stored and installed in conformance with the Contract Documents.
.4 Glazing
.1 Submit to the Architect a written certification from the glass
and glazing manufacturer that the glass and glazing components of
the curtain wall assemblies have been reviewed and approved as
completely appropriate for their intended use in the system as
shown and detailed on the shop drawings, designating drawing
number, date and requirements of the Contract Documents,
compatibility with all components and adjacent material and
thermal safety of all glass constructions together with life
expectancy of glazing materials detailed and specified in the
glazing system.
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NOTE: The Subcontractor must take account of any stresses
developing from solar radiation or other causes - prior to or
during installation of the glass - and allow for protection or
methods of handling the glass to avoid such stresses and conform
to the Safety Requirements for glass application as set out in
ASTM C1036.
.2 Glazing shall be removed and replaced from the interior. Submit
to the Architect detail drawing indicating procedure for removal
and replacement of any damaged unit of glass.
.5 Sealants
.1 Submit to the Architect a written certification from the sealant
manufacturer that all sealant application in the curtain wall has
been reviewed and approved as completely appropriate for its
intended use in the system as shown and detailed on the shop
drawings, designating drawing number, date and revision, with
regard to all design criteria and all other requirements of the
Contract Documents and compatibility with all components and
adjacent materials together with life expectancy of sealant
materials detailed and specified. Specific reference shall also
be made to the compatibility of the glass edge seal with adjacent
materials.
.6 Maintenance
.1 Before completion of the works, submit four (4) copies of a
Maintenance Manual to include recommendations and procedures for
periodic inspection and maintenance of all components of the
curtain wall and window assemblies and sealants, including
instructions with appropriate drawings on methods to be employed
to replace any component of the installation.
.2 Maintenance Manual to include:
- recommended inspection schedule.
- a copy of each shop drawing in its latest amended form.
- complete explanation of operation principles and sequences.
- complete parts list with numbers and glass sizes.
- method statement of reglazing and replacement of component
parts of the installation.
- instructions for the proper cleaning and routing maintenance
of the facade, including frequency.
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.7 Record "As-Built" Drawings
.1 As the job progresses, clearly xxxx all changes and
deviations from the shop drawings on a bound set of white
prints.
.2 Keep the prints available at the site for periodic inspection
throughout the duration of the work. Pay particular attention
to accurately dimensioning the exact location of all buried
work and work concealed in inaccessible locations.
.3 When the project is complete and ready for inspection, amend
the shop drawings in accordance with the marked-up prints
mentioned above and provide one set of mylar reproducibles.
.8 Samples
.1 Submit to the Architect samples of the 4-way panel-to-panel
intersections. Mock-up shall be complete with all materials
and sealants to be used on the project. Size of mock-up to be
approximately 2'-0" by 2'-0".
.2 Submit to the Architect a sample of all materials to be used
on the project.
1.10 WARRANTY
.1 Submit a five (5) year warranty covering materials and workmanship
of curtain wall system. Without restricting the generality of the
warranty, definition of defects shall include failure of the
installation to meet the design requirements, leakage, failure of
sealants, failure of laminated glass, delamination, haziness, etc.
Provide a 10 year warranty on seal failure of the sealed doubled
glazed units.
.2 Warrant that curtain wall will remain watertight, weather-tight,
airtight, structurally sound and free from distortion; that
aluminum finishes will not develop excessive fading or
non-uniformity of colour, and will not crack, craze, peel, flake or
otherwise corrode; that glazing materials and sealant will be free
from deterioration from sunlight, weather and oxidation, and will
be free from permanent deformation.
1.11 TESTING
.1 Laboratory Test Unit Assembly - Curtain Wall
.1 As soon as possible after the award of the Subcontract, the
Subcontractor shall construct and have tested full size test
panel assemblies. Refer to attached Appendix for size of test
panels required.
.2 The Subcontractor shall submit drawings with full size
details with actual dimensions and thickness of all component
parts, describing the test unit
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assemblies and test procedures for the Architect's approval.
.3 The test unit will include curtain wall framing members, glass
and aluminum constructions, roofing system, anchorage and fixing
assemblies, sealant application, etc.
.4 Supply, install and glaze full scale mock-up of curtain wall and
roofing system at Construction Research Laboratories, Miami,
Florida, or similar independent testing facility approved by the
Architect and capable of performing the specified tests. At the
conclusion of the testing procedure, be responsible for the
complete dismantling and removal of the mock-up.
.5 Arrange for and attend test.
.6 Cost of testing will be paid by this trade.
.7 Erection crew for the mock-up shall be the same men as for the
project.
.8 Site Superintendent for the project for this trade shall attend
the erection and test of the mock-up.
.9 Should test results indicate non-compliance with the
specifications, provide new curtain wall unit at no cost. Pay
for all costs incurred in retesting, including the cost of
testing. Provide engineering to redesign and correct
deficiencies, rebuild test curtain wall unit and retest until
approved.
.10 Submit test results for all design criteria specified.
2. Test Programme - Curtain Wall
.1 Preload wall to remove slack at 50% of positive pressure design
load.
.2 Static Air Infiltration/Exfiltration
.1 Air infiltration and exfiltration during test shall not
exceed limits specified.
.3 Static Water Penetration Test
.1 There shall be no infiltration of water to the interior face
of the assembly during and/or at conclusion of test.
.4 Dynamic Wind and Rain Test
.1 Perform testing in accordance with AAMA TM-1-76. There
shall be no infiltration of water to the interior face of
the assembly during and/or at conclusion of test.
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.5 Static Structural Performance Test
.1 Testing shall verify:
.1 That the inward deflection on any part of the assembly
shall not be sufficient to cause such member to touch any
part of the main structure or impose loads onto any
non-load bearing exterior wall members.
.2 That all components shall return to their original
positions under zero load, providing that the elastic limit
to the materials has not been exceeded. Residual
displacement of members at the anchors shall not exceed
0.09".
.3 That in all cases, the deflection of members shall not
exceed limits specified.
.4 That anchorage shall not show permanent set nor signs of
slackening off. The deflection of members shall not be
sufficient to damage non-loading bearing member of the
inner wall assembly.
.6 Repeat 2, 3 and 4 above.
.7 Thermal Resistance Test.
.1 Performance three thermal cycling tests in accordance with
specified requirements of AAMA 0000-0-0000.
.2 At least one cycle shall be maintained at the high temperature
for several hours to allow temperatures within the test
assembly to stabilize.
.3 Repeat 1 and 2 above.
The purpose of this test is to ascertain the performance
characteristics of the curtain wall components under the
expected climatic conditions as specified. Of particular
interest is the detailed provision for expansion and contraction
of the metal, fastenings, etc., and the behaviour of sealants.
Any modification to the prescribed testing procedures which will
facilitate a proper understanding of the above will be
considered.
.8 Structural Performance using 150% of Design Load
.1 There shall be no damage or failures when mock-up is subjected to
positive and static pressures of 150% of design load for 10
seconds. Maximum allowable permanent deformation is L/500 of
span.
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.3 On Site Mock-Up
.1 Erect a production prototype, one floors in height by 15'-0"
wide of the system in order to identify and solve any problems
of assembly, erection and interfacing that may be encountered
under site conditions. Resolve problems, correct or remove and
rebuild as directed by the Architect. Prototype will serve as a
standard for subsequent work. Notify the Inspection Company
prior to the assembly and erection of prototype in order that
they can have their representative present during fabrication
and erection.
.4 On Site Test
.1 Prepare a section of curtainwall for testing. An Independent
Inspection Company selected and paid for by the client will test
the wall. Provide water, power and access to exterior wall face.
In the event of failure, affected areas shall be retested until
desired results have been achieved.
.2 There shall be a minimum of three tests.
.3 The test area will be placed under negative pressure and used to
test panel and window joints on site for water and air
penetration.
2.0 PRODUCTS
2.1 MATERIALS
.1 Aluminum Extrusions and Sheet Aluminum: shall be in accordance with
Aluminum Association Design alloy AA 6063T to ASTM B221, anodizing
quality, free from perceptible distortions, waves, twists, buckling
or other deficiencies of appearance or performance.
.2 Prefinished Copper: 110 copper, conforming to ASTM B370, cold rolled
temper, and weighing not less than 16 oz. per sq. ft. for siding and
10 oz. per sq. ft. for lamination to extruded aluminum mullion caps.
Where exposed to view, pre-oxidized to natural patina, EverGreen by
Revere Copper Products Inc., Rome N.Y. or Xxxxxx Copper Ltd. Penn.
.1 Hook strips: 16 oz. colded rolled, cornice temper copper sheet,
conforming to ASTM B370.
.2 Fasteners: Hard grade copper or copper alloy.
.3 Cleats: 2" wide, 16 oz. copper of length to allow sufficient
metal to fold over screws.
.3 Aluminum Finishes
.1 Interior exposed to view:
.1 Typically; Clear natural AA-M12 C22 A31; 0.7 mils minimum
thickness.
132
.2 Mid rail horizontal of window; Black, 2 coat Duracon by PPG or
approved equal.
.2 Exterior exposed to view:
.1 Typically: Prepatinated copper clad.
.2 Soffit, spandrel channels, sheet spandrel, and aluminum jamb
reveals between copper and concrete walls: Black, 2 coat Duranar
by PPG or approved equal.
.3 Catwalk: mill finish aluminum
.4 Catwalk support angles and window washing monorail: Clear natural
XX-X00 X00 X00; 0.7 mils minimum thickness.
.4 Bolts, Screws and Fastenings:
.1 For aluminum: Exterior to air seal line; Type 300 stainless steel:
interior to air seal line, Type 400 stainless steel.
.2 For Copper. Hard brass or copper alloy.
.5 Bituminous Paint: comply with M1L-P-6883A.
.6 Glass: Factory sealed double glazed unit. Insulating glass units shall be
fabricated using the dual-seal system, consisting of a primary seal of
polyisobutylene specifically manufactured for primary insulating glass
seals and secondary seal of silicone. Units shall be certified by IGCC or
shall be certified by an Independent testing laboratory as complying with
ASTM E 773 and 774. Provide a 10 year warranty on seal failure. Glass shall
be heat treated or tempered to suit codes and wind loads.
.1 Vision Glass: Vision glass shall be 1/4" thick outer light with low E
coating on surface 2 shading coefficient of .43, light transmission of
70%; 1/2" air space; 1/2" inner light composed of two sheets of clear
glass with .030" laminate; STC 40. Viracon Solarscreen 2000 Low E
insulating glass or approved equal; to match appearance of sample in
Project Manager's office.
.2 Translucent Glass: (refer to alternate in tender form) Translucent
glass light diffusing and insulating panels, shall be by Okalux by
Xxxxxx Corporation, Yonkers, N.Y. consisting of a 1/4" clear glass
outer lite; three layers of glass fibre tissue, one layer of 1/2"
thick capillary slab, one layer of glass fibre tissue; 3/8" laminated,
clear glass inner lite; to match appearance of sample in Project
Manager's office. Capillary slab to be manufactured in one piece.
Translucent panel shall have a shading coefficient of .42 and an STC
rating of 40 minimum.
.7 Thermafibre Insulation: (refer to separate price in tender form) shall be
Thermafibre Curtain Wall type CW 40, Foil Faced Blankets by United States
Gypsum Company or approved equal. R value 8.0.
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.8 Insulation: Semi-rigid fibrous glass; AF 530 by Xxxxx Corning; R20; 5"
thick.
.9 Back Pan/Metal Closure Panel Air Seal: Galvanized metal sheet, as detailed,
22 gauge thick. Reinforcing shall be provided if required for stability of
the sheet.
.10 Insulation Retainer Bars and top hat furring: Utility grade aluminum.
.11 Firestop (Safing Insulation): mineral fibre, 4 pcf density. Safing clamps
12 gauge with clinch shield. ULI label.
.12 Sealant:
.1 Internal: selected by curtain wall manufacturer.
.2 External: Sealant shall be Dow Corning one-part silicone or approved
equal sealant that will cure to a durable watertight flexible silicone
rubber joint seal that can accommodate +/-50% movement for all site
applied sealant. Sealant colour to be as selected by Architect.
.3 Primer: as recommended by manufacturer.
.4 Smoke: 3M Fire Barrier 2003 Silicone Sealant (self levelling).
.13 Paint: Expandite Ltd. "Galvafroid" or approved equal.
.14 Shims, Spacers and Setting Blocks: 40 to 60; 80 to 90 Durometer Shore 'A'
Hardness +/-5 respectively, EPDM neoprene rubber by Goodyear Industrial
Products or approved equal. Resistance to sunlight, weathering, oxidization
and permanent deformation under load and compatibility with all materials
in the glazing system shall be the prime essentials of shims, spacers and
setting blocks.
.15 Glazing Gaskets: black neoprene compression gasket of sufficient thickness
to be under 25% compression minimum when installed. Gaskets shall have
1,500 psi tensile strength, hardness Durometer A of 50 +/-5, resistance to
permanent set, +/-25% minimum elongation at break and resistant to ozone
showing no cracks, premoulded vulcanized comers.
.16 Cleaning Material: Xylol, Isopropyl alcohol, Toluol or recommended by
sealant manufacturer.
.17 Flexible Membrane (at building eave): To be supplied by roofer to this
Section for installation into window extrusion.
.18 Batt Insulation: shall be fibreglass to suit conditions shown.
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.19 Compressible Filler: non-staining, round, resilient and non-absorbent
closed cell foam recommended by sealant manufacturer (polyethylene or
chemically compatible rod stock butyl or neoprene). Diameter shall be
25% greater than joint width before installation. Compatible with
sealant, primer substrate. Ensure rod is not cut or broken.
.20 Nailing Strips: S4S pressure fire retardent treated with fire
retardent chemicals and with preservative qualities to resist decay
and termites, non-corrosive to metals, Dricon Fire Retardant Treatment
or approved equal by Xxxxxxx Building. Solid stock, mill sawn, Grade 2
or better, fire and water resistant, to ASTM D1037, flame spread 10,
smoke developed 0, fuel contribution 0.
.21 Building Paper: Rosin sized unsaturated building paper, 6 lb. per 100
sq. ft.
.22 Galvanizing: to ASTM A123.
.23 Catwalk: 2" x 3/16" aluminum bars, pressure locked, 1 3/16" x 4"
centers; mill finish.
.24 Window Washing Track: Extruded aluminum channel; clear anodized
finish; XX-X00 X00 X00; 0.7mils minimum thickness.
.25 Hanging Rod and Bolts for Catwalk: Type 304 stainless steel, light
brushed finish No. 4.
.26 Roofing Felt: Roofing felt shall be smooth, unsaturated building paper
weighing approximately 30 lbs per 100 s.f.
.27 Back-Up Board: polymer modified concrete reinforced with fully
embedded alkali resistant fiberglass mesh facing, non-combustible,
smoke developed 0; Flame Spread 0, Fuel contribution 0, Unicode by
Unifix Concrete Boards or approved equal.
.1 For back-up to copper siding; 1/2" thick.
.2 For back-up to galvanized metal back pan (to achieve STC 40
through non-glazing areas); 3/8" thick.
.28 Doors: Insulclad 260 doors by Kawneer or approved equal. Prepatinated
laminated copper finish or aluminum on exterior metal surfaces; clear
anodized finish; AA-M12 CC A41; 0.7mils minimum thickness or interior
metal surfaces.
.1 Top rail 2 1/4"; bottom rail 3 7/8".
.2 Continuous, rigid PVC thermal separator.
.3 Continuous weatherstripping.
.4 Glass: Sealed double glazed; 1/4" thick tempered outer light with
low E coating on surface 2 shading coefficient of .43, light
transmission of 70%, 1/4" clear tempered inner light; Viracon
Solarscreen 2000 Low E insulating glass or approved equal; to
match appearance of sample in Project Manager's office.
.5 Push/Pull.
.1 For doors to 0xx xxxxx Xxxxxxx:
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Classic offset pull and push bar back to back; 15" high pull
on exterior, stainless brushed finish on exterior and
interior; Xxxxx Rite throw bolt; cylinder to be supplied by
Hardware Section.
.2 For door exiting stairwell:
Panic Bar: Von Duprin 98 Series rim device, size 4', #630
stainless steel satin finish on interior, 98E0- Exit only on
exterior.
.3 For doors from Terrace to Office at grid lines 8 and 13:
Classic Push Bar, stainless steel brush finish on exterior,
blank on interior; Electric lock keyed to fire alarm system
by Hardware Section. Coordinate and make allowance for
electric lock, including wiring within door frame.
.6 4 21/32" aluminum threshold (450-055) to suit Insulclad 260 door
with sweep; clear anodized finish; XX-X00 X00 X00; 0.7 mils
minimum thickness.
.7 Overhead concealed closer; LCN 5036, stainless steel finish.
.8 Non-thermally broken aluminum transom header for LCN closer with
door stop; aluminum door jamb and adaptor with thermally broken
door stop. See drawings for sizes, profiles and extent of copper
and aluminum finishes. Prepatinated laminated copper finish on
aluminum on exterior metal surfaces; clear anodized finish, AA-
M12 C22 A41, 0.7 mils minimum on interior metal surfaces.
.9 Stainless steel butt hinges to suit 3'-8" wide doors.
.10 Coordinate all door hardware with security requirements.
2.2 FABRICATION - GENERAL
.1 Curtain wall shall be constructed in shop fabricated units, and shop
glazed and delivered to the site in a panelized form.
.2 Fabricate sections to accommodate and interface with work of other
contracts by means of rabbets, interlocks, miscellaneous angles, trim
and filler sections, as required.
.3 Component fastenings shall be concealed throughout of adequate
strength fabricated from stainless steel and shall be fusion welded.
.4 Reinforce mullions with aluminum sections if required. Secure aluminum
sections with adequate anchors to structure.
.5 Jointing and intersections of metals shall be accurately cut, fitted
to a tolerance of 1/16" in true planes with adequate concealed
fastenings and sealed.
.6 All gaskets forming weather seals and air seals shall be formed into
complete frames with vulcanized corner joints.
.7 All gaskets shall be free from all contact and migration stain and
compatible with all substrates, sealants and finishes with which they
contact.
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.8 Perform fitting and assembly of component parts in shop; units which
cannot be permanently shop assembled shall be fitted, assembled,
marked and disassembled to assure proper fitting in the field.
Identify field assembly joints on shop drawings.
.9 Fabricate all devices required for erection and adequate anchorage
and attachment, including items required to be built into or
attached to the wall panels or structure for the support of the
work.
.10 Provide inconspicuous, baffled weep holes to properly vent, pressure
equalized and drain system cavities to exterior.
.11 All exposed aluminum surfaces of frame sections, sill and cut-offs
shall have matching finish in colour selected.
.12 Fabricate glazing recess of sufficient depth to cover glass
edge-seal, 3/4" minimum.
.13 Air seal junctions of all horizontal and vertical aluminum members
with joint tape and sealant.
.14 Use two part polysulfide adhesive to bond copper to painted aluminum
extrusions for exterior caps.
.15 Co-ordinate with Security Section. Provide cutouts in frame for
security devices at opening windows and doors including electric
locks at doors. Provide conduit within frame (supplied by Division
16000)
2.3 FABRICATION - OPERABLE UNITS
----------------------------
.1 General
-------
.1 Fabricate and shop assemble frame and sash members into
complete curtain wall system.
.2 No bolts, screws or fastenings shall impair independent frame
movement.
.3 Hardware member bridging thermal break; suitable, high
strength, low conductive, non-metallic material.
.3 Sash
----
.1 Mitre all corners. No exposed fasteners permitted. Air seal
junction of all corners with joint tape and sealant.
.2 Seal frame weather tight.
.3 Joinery methods shall not discolor visible finish. Provide
cutouts,
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reinforcement as required for hardware.
.3 Weatherstripping
.1 Provide two rows of continuous extruded neoprene, replaceable
fin type, sponge neoprene weatherstrip in dovetail grooves along
perimeter of operating sash.
.4 Hinges
.1 Support sash on pins designed to allow installation and removal
of sash without disturbing glass or pivot placement.
.2 Hinges: aluminum, with stainless steel pins and bushings, sized
to support operable sash.
.5 Locks
.1 White bronze, stainless steel, locks, strikes and keepers for
custodial key operation shall secure sash in closed position.
.2 Provide two locks per jamb.
.3 Provide safety custodial keys, removable only when sash is in
closed and locked position, from interior and exterior.
.6 Safety/Restraining Device
.1 Provide a special restraining device of aluminum and/or white
bronze and/or stainless steel to permit sash to open 90 degrees
and prohibit sash from swinging against adjoining building
elements.
2.4 CATWALK
.1 Fabricate catwalk in modules typically of 5'-0" length. Allow
cut-outs in catwalk for installation of safety tie back system.
.2 Weld catwalk grating and window washing monorail to support angle.
.3 Install catwalk level maximum deviation 1/8" in 10'-0". Align window
washing monorail to suit traversing equipment. Provide removable end
blocks to monorail track to prevent traversing equipment from running
out open ends of monorail but allow removal for service. Note: Provide
curved sections of monorail at building corners to suit Section 11014
requirements.
3.0 EXECUTION
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3.1 HOISTING AND EQUIPMENT
.1 Provide safe and adequate equipment on the site to execute the work,
hoisting, scaffolding, staging, safety protection equipment tools,
plant and other equipment required for the completion of the work.
3.2 INSTALLATION
.1 NOTE: This Contractor shall be aware of, and shall make whatever
allowance is considered necessary, for possible disruption in
installation sequencing due to crane and hoisting openings.
.2 Check structural elements and adjoining wall panels. Verify governing
dimensions. Conform conditions are satisfactory before proceeding.
.3 Erect curtain wall, and component parts by workmen trained and
experienced in this type of work. Have a senior, qualified
representative at the job to direct and supervise the various stages
of operation. Representative shall be present full time during the
assembly and erection of the work.
.4 Allow for dimensional tolerances and deviation from true plane
permissible in wall panels and structural frame. Erect curtain wall
units, and component parts plumb, level and true to building lines,
in correct relation to work of other trades and establish lines and
levels indicated.
.5 Provide anchors required for casting in. Comply with details on
approved shop and erection drawings. Ensure that anchor bolts,
embedded components, pockets and chases required for assembly
anchorage are properly located and positioned. Execute all drilling
of concrete or steel for supplementary inserts required.
.6 Separate aluminum surfaces in contact with concrete surfaces and
other dissimilar metals with PVC sheets.
.7 Form vapour air seal barrier pans for retention of insulation from
galvanized metal sheet. If jointing of the sheet metal is necessary
in the fabrication of the pans, lap, rivet and seal joints with
sealant. Install liner and secure to aluminum framing. Seal between
liner panels and junction of framing air/vapour tight.
.8 Install semi-rigid insulation and retain in place by use of aluminum
bars as specified. Cut insulation to fit metal liner pans. Adequately
drain and ventilate space between vapour barrier and spandrel and
metal panels to prevent condensation.
.9 Joints and intersections shall be accurately fitted in true planes,
free of distortion, waves, twists, buckles or other defects
detrimental to appearance or performance. Prevent damage to metal
finish. Accurately position, securely anchor mullion reinforcement.
Exercise care in assembly of expansion joints to ensure joint
function
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and that resilient seals are correctly positioned to provide
complete unbroken weather barrier.
.10 Install cut-offs at exterior to adjoining materials. Caulk and seal
junctions to provide weathertight seals. Fit flexible seals, tapes
and gaskets at locations required to provide water, weathertight
junctions. Ensure seal at end joints between lengths of material.
Seal junctions of system components to themselves and other work
with sealant to maintain effective vapour, air and water barrier.
Clean spaces and joints to be caulked of foreign matter that would
injure bond, wipe all metal surfaces to be sealed with cellulose
sponges or clean rags soaked with ethyl alcohol, a ketone solvent,
Xylol or Toluol, and wipe dry with clean cloth, prime surfaces.
Where joints are 1/2" deep or deeper, back sealant with joint
backing. Mask surfaces where required. Sealant bead depth shall be
half of width, but not less than 1/4". Apply sealants with pressure
gun having proper sized nozzles to fit the various joints. Use
sufficient pressure to fill the joints. Tool and finish joints.
Immediately clean adjacent materials which have been soiled.
.11 At interface with adjacent wall surfaces, install 22 ga. galvanized
metal or stainless steel sealed to curtain wall and adjacent air
vapour barrier system.
.12 Install firestop safing insulation on safing clips spaced 2'-0" o.c.
maximum in space between floor edge and wall panels to depth
required to achieve continuity of fire separation between floors.
Compress safing insulation to fill all voids. Apply silicone smoke
seal over safing.
.13 After completion of each wall panel section, provide protection to
all interior horizontal surfaces of aluminum within 3'-0" of the
floor.
3.3 CONVECTOR COVER
---------------
.1 Fabricate convector cover from extruded aluminum sections; minimum
1/8" thick.
.2 Cover shall be designed in module lengths to match the window
mullion spacing as shown.
.3 Cover shall be removable in modules for access. No exposed
fasteners.
.4 Top of cover shall be perforated to allow for air movement; 3/8"
diameter holes @ 1/2" staggered centres, 50% open for nominal 4"
width exclusive of borders. See drawings for exact dimensions.
Design internal structural supports to allow for aluminum to move
over temperature range without visual distortion to the exposed
aluminum.
3.4 ERECTION TOLERANCES
-------------------
.1 Maintain the following tolerances:
140
ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 23
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.1 Maximum variation from plane or location shown on approved
shop drawings 1/16" in 15'-0" of length.
.2 Maximum offset from true alignment between two identical
members abutting end-to-end in line: 1/32"
.3 Racking of face: 1/8" maximum, racking in elevation: nil.
3.5 GLAZING
.1 Perform glazing in accordance with material manufacturer's
directions. Comply with FGMA (Flat Glass Marketing Association)
glazing manual.
.2 Handle and install glass in accordance with manufacturer's
directions. Prevent abrasion and other damage.
.3 Replace defective and damaged materials due to careless handling or
other causes resulting from work of this trade.
.4 The actual profiles, design parameters, dimensions, lengths and
locations of all glazing materials shall be as required to meet the
performance criteria and as recommended in writing by the
manufacturer.
.5 The glazing system must incorporate drainage and ventilation and meet
the air infiltration requirements.
.6 Use anti-walk blocks and setting blocks. Arrange anti-walk blocks and
setting blocks so as to avoid blocking water transfer inside frame.
.7 Set glass properly centred with uniform bite and face and edge
clearance, free from twist, warp or other distortion likely to
develop stress. Bite shall be minimum 1/2".
3.6 COPPER SIDING
.1 Over back-up board, apply one layer of roofing felt lapping each ply
2" in the direction of water flow and fastened with copper or bronze
nails driven through sheet copper washers not less than 1" square.
Place rosin-sized building paper over the roofing felt, lap each
joint minimum 2". Secure to wood strapping with large flat head
copper nails spaced not over 12" o.c. along edges and ends and in the
intermediate surfaces. Do not nail into aluminum supporting framework.
.2 All lubricants used in the fabrication of copper shall be removed
before work is shipped.
.3 Take special care to ensure that tools are free from particles of
iron or iron compounds.
141
ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 24
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.4 All copper work shall be carried out in accordance with the best
standard practice using traditional copper methods with seams lapped
and folded. Fastenings shall be copper or bronze, concealed, with
ample provision for expansion. Note: design seams and cleats to allow
for movement of the panelized curtainwall system.
.5 Flat seam copper shall be by the pan method and shall consist of 16
oz. sheet copper formed into pans in the shop with a mechanical
bending brake. The longitudinal bends for the standing seams shall be
break formed. Close the last folds of the seams on site.
.6 Anchor the pans through the back-up board spandrels into the nailing
strips with copper cleats having 2 nails in each cleat and at spacing
at 16" centers. Bend back tab on the cleat over the nail heads to
prevent chafing. Lock cleats into seams.
.7 Make seams 3/4" wide.
.8 Make flat seams at ends of pans with adjacent pans.
3.7 SEALING
.1 Application of sealants shall be by skilled applicators installed in
accordance with manufacturer's printed directions and supervision.
The sealants shall be carefully applied to meet the design
requirements regarding water penetration and vapour/air seal barrier.
.2 Mask adjacent surfaces before priming and sealing. Remove masking
promptly upon completion of sealing. Clean dust, foreign matter and
any other material deleterious to the bond of sealing materials.
Prime joints as recommended by sealant manufacturer.
.3 Handle, store, prepare and use sealing materials in accordance with
the manufacturer's recommendations.
.4 Pack interior and exterior joints continuously with joint backing
material allowing a recess to receive sealant. Make recess depth
equal to joint width or as indicated. Leave opening in exterior
joints to comply with rain screen design.
.5 Seal joints between curtain wall and adjacent surfaces. Coordinate
sealing with sealing performed under other trades so that at
junctions in sealant, a continuous uniform full strength seal is
achieved.
.6 Maintain correct width to depth ratio of sealant. Gun in sealant
ensuring full bond to joint sides. Tool joints to profile shown, by
gun action or by separate operation. The surface of sealant shall be
a full bead smooth, free from ridges, wrinkles, sags, air pockets and
embedded impurities.
Project No. 9654
142
ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 25
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.7 Apply sealant by means of pressure guns and using suitable nozzle, as
required.
.8 Coordinate the work with that of other Subcontractors to ensure proper
execution of the work of both trades.
3.8 THERMAFIBRE FIREPROOFING TO CURTAIN WALL
.1 Materials specified shall be by U.S. Gypsum or approved equal, and
shall be installed in accordance with the current printed directions.
.2 All materials shall be delivered in their original, unopened packages
and stored in an enclosed shelter providing protection from damage
and exposure to the elements. Damaged or deteriorated materials shall
be removed from the site.
.3 Curtain wall insulation shall be 1 hour fire tested in accordance
with ASTM E119.
.4 Thermafibre curtain wall insulation shall be foil faced, 50 mm,
CW-40, to meet fire test USG 10.18.71.
.5 Mechanically attach thermafibre insulation to curtain wall in
addition to stick clips at approximately 300 mm o.c., with foil
facing inward. Butt ends and edges tightly and fill all voids.
.6 Insulation thickness shall be maintained around all mullions and
anchor locations. Provide extra length stick clips at these locations.
.7 Thermafibre fire proofing is required at perimeter of all floors,
extending from floor line down to head of vision glass (ceiling line).
3.9 FIRE/SMOKE STOP
.1 Supply and install firestop continuously between curtain wall and
floor slab.
.2 Install firestop safing insulation with safing "Z" clips. ULI label.
.3 Over safing, install sealant.
3.10 SPARE MATERIAL
.1 Provide to the Owner for spares the following sealed glazed units:
10 typical large (8'-8" wide x 6'0" high approximately);
5 typical small (3'-10" wide x 6'0" high approximately);
10 typical wide upper lites (8'-8" wide x 3'9" high approximately);
5 typical narrow upper lites (3'-10" wide x 3'9" high approximately)
Project No. 9654
143
ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 26
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PROJECT SWISS RE AMERICA HEADQUARTERS PROJ. No. No.
T96183 BSK-47
------------------------------------------------------------------------------------------
DESIGN DRAWN CHECKED DATE W.P. No.
RH RH PZ Feb. 11, 1997 622
-----------------------------------------------------------------------------------------
SUBJECT
1. SWING STAGE FES
DESIGN LOAD PARAMETERS LOAD DELETED 26ST
FOR PERIMETER CATWALK
2. NOTE E ???
DELETED ???
[DIAGRAM]
NOTES:
1. LOAD 1 TO BE TWO INDEPENDENT LOAD CASES;
a) A UNIFORM SERVICE LIVE LOAD OF 50 PSF.
b) THE POINT LOAD (ANYWHERE) FROM A 300 LB. PERSON PLUS THE WEIGHT OF ONE
GLASS PANEL (ASSUMED TO BE 600 LBS. MAX. WORKING LOAD).
2. LOAD 2 TO BE 5000 LBS. ACTING IN ANY DIRECTION FROM A SAFETY LIFELINE OR A
BOSUN CHAIR (INCLUDES A FACTOR OF SAFETY OF FOUR) ANYWHERE ALONG THE
MONORAIL.
3. LOAD 3 TO BE 5000 LBS ACTING IN ANY DIRECTION FROM A SAFETY LIFELINE
(INCLUDES A FACTOR OF SAFETY OF FOUR) ANYWHERE ALONG THE TIE-OFF LINE.
4. LOADS 1 AND 2 TO BE CONSIDERED SIMULTANEOUSLY.
5. LOADS 1 AND 3 TO BE CONSIDERED SIMULTANEOUSLY.
Project No. 9654
144
ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 27
--------------------------------------------------------------------------------
Xxxxxx
??????
SWISS RE AMERICA
HEADQUARTERS
Project No.: T86155 CHECKED: P.Z. Sketch No: BSK-69
Drawn: R.V. Scales: M.T.S. Date: March 4, 1997
STEEL ERECTION TOLERANCES
-------------------------
1. REFER TO NSC MANUAL OF STANDARD PRACTICE AND
THE FOLLOWING:
2. BASE PLATES SHALL BE AT ??? FROM THEIR
SPECIFIED ELEVATION.
3. SPLICES SHALL BE WITHIN ??? OF THEIR
SPECIFIED ELEVATION.
4. ELEVATION OF MEMBERS: ENDS OF MEMBERS SHALL
BE WITHIN ??? OF THE SPECIFIED MEMBER
ELEVATION. ALLOWANCES SHALL BE MADE FOR
INITIAL BASE ELEVATION AND TEMPERATURE
EFFECTS. MAXIMUM SLOPE SHALL NOT EXCEED
L/500. THE DIFFERENCE FROM THE SPECIFIED
ELEVATION BETWEEN MEMBER ENDS THAT MEET AT A
JOINT SHALL NOT EXCEED ???.
5. HORIZONTAL ALIGNMENT: ALIGN SPANDREL BEAMS SO
THAT THE OFFSET OF ONE END RELATIVE TO THE
OTHER FROM THE ALIGNMENT SHOWN ON THE
DRAWINGS DOES NOT EXCEED L/500. OFFSETS FOR
SPANDREL BEAMS SHALL NOT EXCEED ???. OFFSETS
FOR OTHER BEAMS SHALL NOT EXCEED ???.
COLUMN ERECTION TOLERANCES
--------------------------
???
Project No. 9654
145
ATTACHMENT "F"
CURTAIN WALL
SECTION 08900
PAGE 28
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--------------------------------------------------------------------------------
[MAP]
--------------------------------------------------------------------------------
XXX XX XXXXXXX 00000
Project No. 9654
146
ATTACHMENT "G"
SWISS RE AMERICA U.S. HEADQUARTERS XXXXXX CONSTRUCTION CO.
NORTH CASTLE, NY 3/31/97
ADDENDUM #1
CURTAINWALL BIDDER QUESTIONS
1. Q: Should the vapor barrier be on the interior side of the
insulation, not exterior as specified (08900.4.2.1)?
A: YES
2. Q: Re-back-up board 3/8" thick to achieve STC 40 through spandrel
areas. Should this material be attached to back pans at ALL
exterior and interior corner conditions? Also, typical details
1,2,3,6 etc. on drawing A 5.02?
A: The intent is that the interior drywall runs structure to
structure and substitutes for the 3/8" back-up board in these
areas and is therefore not in the curtainwall contract for these
areas.
3. Q: Who supplies the reveal at the typical column detail 5/A5.02,
Curtainwall or Drywall Contractor?
A: Drywall Contractor
4. Q: Is all of the work at the catwalks by the Curtainwall
Contractor with the exception of the monorail trolley and
lifeline anchors, which are by the window washing manufacturer?
A: YES See detail 8/A5.04
5. Q: For ease of installation, should the lifeline anchors be
furnished and installed by the Curtainwall Contractor?
A: NO
147
ATTACHMENT "H"
[XXXXXXX ASSOCIATES LETTERHEAD]
To: X. Xxxxx
From: Xxx Xxxxx
Date: April 22, 1997
Copies: Xxxxxxx X. XxXxxxx, X. Xxxxxx
Re: Swiss Re
Curtain Wall
Flour City Architectural Metals submitted revised drawings in our meeting
yesterday. The drawings are numbered SK-1 through 5 Rev. A dated April 17,
1997. These drawings are acceptable to us as indicating their design for the
typical wall with the following provisos:
.1 SK-2 Detail 2
Provide sealant around all penetrations of the galvanized pan; eg,
screws holding cement board to pan.
Relocate galvanized sheet between vertical mullions to the warm side
of the insulation (between the insulation and the cement board and
seal to mullions.
Locate wood naller to suit copper cleat locations. (typical all
details) Flour City may wish to consider running nallers vertically.
This is the short span and will allow for drainage.
Subject to Flour City's acceptance, there is a preference of the
curtain wall consultant to resolve horizontal expansion between the
vertical mullions in lieu of the usual location at the ends of the
horizontal members.
Insulation will not be held in place by stick-clips 'welded' to back
pan. Epoxy
148
ATTACHMENT "H"
glue is acceptable.
.2 SK-3 Detail 3
A 1 1/2" x 1 1/2" reveal will be left in the ceiling to allow for the
removal of the window stop. (at shade pocket)
.3 SK-3 Detail 4
A thin aluminum extension will be sealed to the sill of the glazing
reveal to direct water to the edge of the vertical glazing reveal to
drain off any water.
.4 SK-3 Detail 5
The sill of the glazing reveal will be lowered.
Flour City is proposing a different smoke seal from that which was
specified.
This is acceptable provided it is ULI rated and installed in
accordance with their recommendations.
As per the specifications, Flour City will reinforce the back pan as
necessary to prevent movement of the back pan such that the fire
safing will become loose or dislodged.
The steel clip anchoring the runner brace shall not be welded to side
of pan. (destroys galvanizing)
.5 SK-4 Detail 6
This detail requires major modification. The galvanized back pan must
seal to the concrete beam face.
.6 SK-5 Soffit Section
Provide perforated soffit panels as shown on the architectural
drawings.
Provide alignment sleeves at soffit panel joints.
NOTE: NOT DISCUSSED AT MEETING
The stainless steel hanger bar shall not be welded to structure.
Provide a bolted connection. (to avoid destroying the galvanizing of
structural steel)
.7 SK-6 Section at Catwalk
5" X 5" steel section shall be non-ferrous; either stainless steel or
aluminum.
Other items discussed at the meeting:
.1 Weather
Flour City's schedule assumes no delay for weather. This is not
realistic as their field assembled wall is weather dependent. We
would not recommend that this clause be included in the contract.
.2 Door Hardware
We will change the door panic exit device from the Van Duprin
specified. The panic device will be a "crash" bar and rim panic
device (similar to
149
ATTACHMENT "H"
Kawneer Dor-O-Matic 2090)
.3 Protection
The specification calls for the supply and removal of protection of
horizontal surfaces. You may wish to change this to supply only.
.4 Shop Drawings, RFI's
We will use our best efforts to meet Flour City's 10 working day
schedule, however, we cannot agree that at all times and in all
instances this schedule will be met.
Flour City's schedule assumes only two submissions of shop drawings.
It if our experience that there are many more submissions of drawings
than this.
150
ATTACHMENT "H"
XXXXXXX ASSOCIATES
[Letterhead]
TO: X. Xxxxx
FROM: Xxx Xxxxx
DATE: April 22, 1997
COPIES: Xxxxx Xxxx
RE: Swiss Re
Curtain Wall
We have received from SARM comments on our March 27 progress drawing issue
which affect the curtain wall. As the tenders on the curtain wall have now been
received and award of contract is imminent, please advise how you would like us
to incorporate the comments. (Addendum, change order etc. to contract
documents) Ideally, for those comments that are acceptable to the client, you
should attempt to include in the last-minute tender negotiations.
1. Mid-horizontal rail
We call for the interior finish to be black Duracon paint finish. SARM are
requesting the interior finish to be clear and anodized. -- No cost impact
by FCAM.
2. Soffit
SARM are requesting a stainless steel mesh in lieu of the 3" wide
perforated reveal (next to the fascia) of the soffit.
SARM are requesting that the soffit not be black. Although SARM do not
advise what colour they would like, provided they do not select clear and
anodize, we assume that there is no cost to change colour. However, to be
safe, I would recommend that this change be given to the contractor. --
Not included in base contract by FCAM. [TOO REVIEW AND OR PRICE BY FCA.]
3. DETAIL 8 Drwg A5.01
SARM are asking why the channel is not steel. I believe the comments are by
Xxxxx and he has not discussed them with Sasha. However, when Sasha was in
our offices, this item was discussed. Basically, steel rusts. In both
cases, whether the channel is steel or aluminum, expansion joints are
required. The joint design is identical. Included in base price.
Project No. 9654 Issue March 7, 1997
151
ATTACHMENT "H"
152
13. The Trade Contractor for the Price herein provided, hereby accepts and
assures exclusive liability for and shall indemnify, protect and save
harmless the Owner from and against the payment of:
A. All contributions, taxes or premiums (including interest and
penalties thereon) which may be payable under the Unemployment
Insurance Law of any State, Federal Social Security Act,
Federal, State, County and/or Municipal Tax Withholding Laws,
or any other law, measured upon the payroll of or required to
be withheld from employees, by whomsoever employed, engaged in
the Work to be performed and furnished under this Agreement.
B. All use, personal property and other taxes (including interest
and penalties thereon) required by any Federal, State, County,
Municipal or other law to be paid or collected by the Trade
Contractor or any of its Subcontractors or vendors or any
other person or persons acting for, through or under it or any
of them, by reason of the performance of the Work or the
acquisition, ownership, furnishing or use of any materials,
equipment, supplies, labor, services or other items for or in
connection with the Work.
C. All pension, welfare, vacation annuity and other union benefit
contributions payable under or in connection with labor
agreements with respect to all persons, by whomsoever
employed, engaged in the Work to be performed and furnished
under this Agreement.
Such indemnification of the Owner by the Trade Contractor
shall include any expenses, including legal fees and
litigation arising from, or related to the Trade Contractor's
failure to pay any sales, use, personal property or other
taxes based upon labor, services, materials, equipment or
other items acquired, performed, furnished or used for or in
connection with the Work.
14. Notwithstanding the dimensions on the Drawings, Specifications and
other Contract Documents, it shall be the obligation and responsibility
of the Trade Contractor to take such measurements as will insure the
proper matching and fitting of the Work covered by this Agreement with
CONTIGUOUS WORK*. The Trade Contractor's submission of a shop drawing
shall constitute the Trade Contractor's representation, upon which the
Owner, the Construction Manager and the Design Team may rely, that the
Trade Contractor has reviewed the submission for accuracy and
compliance with all Contract Documents and that whenever engineering is
required to be performed, such engineering has been performed by a
qualified and licensed engineer. Furthermore, the review of the Shop
Drawings by the Owner, the Construction Manager and the Design Team
shall not constitute an undertaking by any of them to identify
deficiencies in the submission, that being an undertaking within the
sole responsibility of the Trade Contractor.
4
153
* REFER TO RIDER 'A' ITEM #2
15. The Work hereunder is to be performed to the satisfaction of the Owner.
The Trade Contractor shall not make any changes, additions and/or
omissions in the Work except upon written order of the Owner as
provided in the General Conditions.
16. The Trade Contractor shall at all times provide sufficient, safe and
proper facilities for the inspection of the Work by the Owner, the
Construction Manager, the members of the Design Team and their
authorized representatives in the field, at shops or at any other place
where materials or equipment for the Work are in the course of
preparation, manufacture, treatment or storage. The Trade Contractor
shall, within twenty-four (24) hours after receiving written notice
from the Owner or its authorized representatives to that effect,
proceed to take down all portions of the Work and remove from the
premises all materials whether worked or unworked, which the Owner or
its authorized representatives shall condemn as unsound, defective or
improper or as in any way failing to confirm to this Agreement or the
Plans, Specifications or other Contract Documents, and the Trade
Contractor, at its own cost and expense, shall replace the same with
proper and satisfactory work and materials and make good all work
damaged or destroyed by or as a result of such unsound, defective,
improper or nonconforming work or materials or by the taking down,
removal or replacement thereof.
17. The Trade Contractor shall remove, replace and/or repair at its own
expense and at the convenience of the Owner any faulty, defective or
improper Work, materials or equipment discovered within one (1) year
from the date of the acceptance of the Project as a whole by the Owner
or for such longer period as may be provided in the Drawings,
Specifications, General Conditions, Special Conditions or other
Contract Documents.
18. The Contractor hereby guarantees the Work to the full extent provided
in the Drawings, Specifications, General Conditions, Special Conditions
and other Contract Documents. Without limiting the generality of the
foregoing, the Trade Contractor warrants to the Owner, that all
materials and equipment furnished under this Agreement will be of first
class quality and new, unless otherwise required or permitted by the
other Contract Documents, that the Work performed pursuant to this
Agreement will be free from defects and that the Work will strictly
conform with the requirements of the Contract Documents. Work not
confirming to such requirements, including substitutions not properly
approved and authorized, shall be considered defective. All warranties
contained in this Agreement and in the Contract Documents shall be in
addition to and not in limitation of all other warranties or remedies
required and/or arising pursuant to applicable law.
5
154
19. The Trade Contractor acknowledges that its right to remedies pursuant
to New York Mechanic's Lien Law shall be governed, to the fullest
extent permitted by law, by the following:
A. The Trade Contractor agrees that its rights to pursue a lien
shall be limited to that portion of its Contract Price which
is unpaid and due at the time of filing a lien claim under the
terms of this Trade Contract. The Trade Contractor agrees that
it shall not file liens for any sum which is not due hereunder
and specifically agrees and covenants that it will not file
liens for sums which it may contend are due as damages by
reason of delays or other such claims unless such sums are
agreed due to the Trade Contractor by written contract
modification. The Trade Contractor agrees that its lien
rights, whatever they may be, are reduced by each payment made
to the Trade Contractor by the Owner or any other party on
behalf of the Owner.
B. If any claim or lien is made or filed with or against the
Owner, the Project premises or the Project funds by any person
claiming that the Trade Contractor or any Subcontractor or
other person under subcontract has failed to make payment for
any labor, services, materials, equipment, taxes or other
items or obligations furnished or incurred for or in
connection with the Work, or if at any time, there shall be
evidence of such nonpayment or of any claim or lien for which,
if established, the Owner might become liable and which is
chargeable to the Trade Contractor, or if the Trade Contractor
or any Subcontractor or other person under subcontract causes
damage to the Work or to any other work on the Project, or if
the Trade Contractor fails to perform or is otherwise in
default under any of the terms or provisions of this Trade
Contract, the Owner shall have the right to retain from any
payment then due or thereafter to become due an amount which
it deems sufficient to (i) satisfy, discharge and/or defend
against any such claim or lien or any action which may be
brought or judgment which may be recovered thereon, (ii) make
good any such nonpayment, damage, failure or default, and
(iii) compensate the Owner for and indemnify and hold it
harmless against any and all losses, liability, damages, costs
and expenses, including legal fees and disbursements, which
may be sustained or incurred by it in connection therewith.
The Owner shall have the right to apply and charge against the
Trade Contractor so much of the amount retained as may be
required for the foregoing purposes. If the amount is
insufficient therefor, the Trade Contractor shall be liable
for the difference and pay the same to the Owner.
6
155
C. The Trade Contractor acknowledges that a claim lien filed by
it may be disruptive of Project finances. Therefore, the Trade
Contractor further agrees that if it files a lien claim which
is not permitted by law, or which contains claims where are
not permissible hereunder, or which is negligently or
purposefully overstated, the Owner shall be entitled to
receive from the Trade Contractor all its damages arising
therefrom and further be held harmless and indemnified by
Trade Contractor from all claims of other Trade Contractors
arising therefrom.
D. If any Subcontractor, laborer, materialmen or supplier of the
Trade Contractor or any other person directly or indirectly
acting for, through or under it or any of them files or
maintains a lien or claim, whether a mechanics' lien or an
attested account or otherwise, a mechanic's lien or claim
against the Project funds or Project premises or any part
thereof or any interests therein or any improvements thereon
or against any monies due or to become due from the Owner to
the Trade Contractor, for or on account of any work, labor,
services, materials, supplies, equipment or other items
performed or furnished for or in connection with the Work or
under any change order or supplemental agreement for extra or
additional work in connection with the Project, the Trade
Contractor agrees to cause such liens and claims to be
satisfied, removed or discharged at its own expense by bond,
payment or otherwise within fifteen (15) days from the date of
the filing thereof, and upon its failure to do so the Owner
shall have the right, in addition to all other rights and
remedies provided under this Agreement and the other Contract
Documents or by law, to cause such liens or claims to be
satisfied, removed or discharged by whatever means the Owner
chooses, at the entire cost and expense of the Trade
Contractor (such cost and expense to include legal fees and
disbursements). The Trade Contractor agrees to indemnify,
protect and save harmless the Owner from and against any and
all such liens and claims and actions brought or judgments
rendered thereon, and from and against any and all loss,
damages, liability, costs and expenses, including legal fees
and disbursements, which the Owner may sustain or incur in
connection therewith.
20. To the fullest extent permitted by law, the Trade Contractor agrees
that it shall not assign, sell, transfer, delegate or encumber any
rights, duties or obligations arising under this Agreement including,
but not limited to, any right to receive payments hereunder, without
the prior written consent of the Owner. Such consent may be granted or
denied in the Owner's sole discretion and the giving of any such
consent to a particular assignment shall not dispense with the
necessity of such consent to any further or other assignments.
7
156
21. Notices, demands or requests shall be in writing, delivered in person
or mailed by registered or certified mail, postage prepaid, or by the
sending of hand delivery addressed to the parties hereto at their
addresses above stated. Notices to the Contractor shall be to the
attention of Xx. Xxxxxx Xxxxxx, Project Manager, and to the Owner shall
be to the attention of Xxxx X. Xxx, Senior Vice President and Xxxxxx X.
Xxxxxxx, Esq.
22. The Trade Contract and the other Contract Documents constitute the
entire agreement between the parties. The Trade Contractor agrees that
any claims against Owner, irrespective of an alleged breach by Owner of
the Contract, shall be based, nonetheless, upon the Trade Contract and
the Contract Price, and shall in no event based upon an asserted fair
and reasonable value of the Work performed.
23. No representation or other agreements have been made other than as set
forth in the Contract, which may not be changed, nor any term or
provision thereof waived except in writing signed by the Owner's duly
authorized agent or officer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
TRADE CONTRACTOR SWISS RE INVESTORS, INC.
By: /s/ XXXXXXX X. XXXXX By: /s/ XXXX X. XXX
---------------------------- -------------------------------
Name: Xxxxxxx X. Xxxxx Name: Xxxx X. Xxx
-------------------------- ------------------------------
Title: President Title: Senior Vice President
------------------------- -----------------------------
Witness of Flour City By: /s/ XXXXXXXX XXXX
-------------------------------
[SIG] Name: Xxxxxxxx Xxxx
------------------------------- ------------------------------
5/19/97 Title: Vice President
------------------------------- -----------------------------
8
