Tishman
September 13, 0000
X.X. Xxxxxx xx Xxx Xxxx, Inc.
00-00 00xx Xxxxx
Xxxxxx, Xxx Xxxx 00000
Att: Xx. Xxxxxx Xxxxxx
Re: Louis Vuitton N.A. Xxxxxx Xxxxx
Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
Trade:
Structural Steel/Metal Deck
Gentlemen:
Enclosed please find fully executed copy of the contract for the above noted
trade for your use and information.
Very truly yours,
TISHMAN CONSTRUCTION CORPORATION OF NEW YORK
As Agent for Starre Realty
Xxxxxxx Xxxxxxx Vice President
WS:erf
Enc.
Tishman Construction Corporation of New York 666 Fifth Avenue, New York, NY
00000 (000)000-0000 Fax (000)000-0000
PROJECT: LOUIS XXXXXXX X.X. XXXXXX XXXXX
Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx
TRADE: STRUCTURAL STEEL/METAL DECK
OWNER: Starre Realty
000 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
(herein called the "Owner") acting by and through
CONSTRUCTION Tishman Construction Corporation of New York
MANAGER 000 Xxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
(herein called the "construction Manager") as agent for
Owner and
CONTRACTOR: U.S. Bridge of New York, Inc.
00-00 00xx Xxxxx
Xxxxxx, Xxx Xxxx 00000
(herein called the "contractor")
Until the Contractor is notified in writing by the Owner to the
contrary, all actions to be taken by, all approvals, notices, consents,
directions, and instructions to be given by, all notices and plans to be
delivered to, all determinations and decisions to be made by, and, In general,
all other action to be taken by, or given to, the Owner, shall be taken, given
and made by, or delivered or given to, the Construction Manager in the name and
on behalf of the Owner. The Owner (and not the Construction Manager) shall be
solely obligated to the Contractor for all sums required to be paid hereunder to
the Contractor.
As used herein:
(i) "Architect" shall mean:
Hillier/Xxxxxx
000 Xxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
(ii) "Building" shall mean:
Office Building located at 17,19 & 00 Xxxx 00xx Xxxxxx (xxx)
"Indemnitees" shall mean:
Starre Realty; 1896 Corp.; R.L.J. Associates, L.P.; AEZ Corporation;
Louis Vuitton, NA, Inc.; Groupe Xxxxxx V; Metropole Realty Advisors,
Inc.; NTX Interiors, Inc.; Tishman Construction Corporation of New
York and their respective parent companies, corporations and/or
partnerships and their owned, controlled, affiliated, associated and
subsidiary companies, corporations, and/or partnerships and the
respective agents, consultants, principals, partners, servants,
officers, stockholders, directors and employees of each.
(iv) "Site" shall mean:
The project encompasses 17,19 & 00 Xxxx 00xx Xxxxxx which is located
on the Northside of Xxxx 00xx Xxxxxx and sounded by 000 Xxxxxxx Xxxxxx
on the North; 000 Xxxxxxx Xxxxxx xx the East: and 00 Xxxx 00xx Xxxxxx
on the West as indicated by Xxxxxx & Xxxxxxx Site Survey dated October
26,1995.
WHEREAS, Owner has undertaken the construction of the Building on the Site
in accordance with the drawings and specifications prepared by the Architect;
and
WHEREAS, Construction Manager has agreed to act as agent for Owner in
connection with the construction work of the Building; and
WHEREAS, Owner desires to let and Contractor desires to perform a portion
of the construction work;
NOW, THEREFORE, Owner and Contractor agree as follows:
CONTRACTOR TO COMPLY WITH PLANS AND SPECIFICATIONS
1. The Contractor shall provide for the Site all the labor, supervision and
materials hereinafter set forth in exact accordance with specifications hereto
annexed or described herein and as shown on plans, drawings and details prepared
by the Architect, which plans, drawings and details are to be returned to the
Owner upon the completion of the work. Such additional drawings as may be
necessary to explain and detail the work will be furnished by the Owner, and are
to be conformed to, except where inconsistent with original plans and
specifications. The plans, drawings and details, and the specifications are
intended to supplement one another, and any work or materials shown, mentioned
or reasonably implied in one and not in the others are to be furnished by the
Contractor without extra charge. The enumeration of particular items in this
contract or in the specifications shall not be construed to exclude other items.
The intention of the documents is to include all labor, materials, engineering,
equipment, transportation, tools, plant, appliances, appurtenances and other
facilities, whether specified herein or not, necessary for the proper execution
and completion of the work. Contractor must refer any question respecting the
specifications, plans, drawings and details, about which it is in doubt, or
which seems to admit of a dual interpretation, to the Owner for its decision, by
which Contractor must abide.
DUTIES OF CONTRACTOR
2. The Contractor recognizes the relations of trust and confidence
established between it and the Owner by this contract. The Contractor covenants
and agrees with the Owner to furnish its best skill and judgment and to
cooperate with the Owner and Construction Manager in forwarding the best
interests of the Owner. The Owner and Construction Manager shall have the right
to exercise complete supervision and control over the work to be done by the
Contractor, but such supervision and control shall not in any way limit the
obligations of the Contractor.
SHOP DRAWING
3. The Contractor shall, at its own cost and expense, furnish the Owner
within a reasonable period from the date hereof, all shop drawings, schedules,
reports, diagrams, layouts, setting plans, cuts, explanations, catalogue
references, samples and other data regarded by the Owner as necessary, in the
number required by the Owner for submission to the Owner for its approval,
correction, rejection or disapproval. The Owner's and/or the Architect's and
Consultants' approval of such shop drawings, schedules, reports, diagrams,
layouts, setting plans, cuts, explanations, catalogue references, samples and
other data shall not relieve the Contractor from responsibility for deviations
from the contract, specifications and/or drawings, unless it has, in writing,
called the Owner's attention to such deviations, at the time of delivery of such
shop drawings, schedules, reports, diagrams, layouts, setting plans, cuts,
explanations, catalogue references, samples and other data to the Owner, nor
shall it relieve Contractor from responsibility for errors. The Contractor shall
make any corrections required by the Owner, file with the Owner corrected copies
and furnish such other copies as may be needed. The Contractor shall make all
submissions of shop drawings directly to the Owner for Its approval. No
submission shall be made directly to the Architect, unless approved by Owner,
and if any submission is so made, the approval or modifications authorized by
the Architect shall not be binding upon the Owner unless and until the Owner has
granted its approval thereto. The Contractor shall obtain shop drawings from
other contractors and coordinate its work to avoid interference with other
contractors work. The Contractor shall furnish its shop drawings to other
contractors.
SPECIFICATIONS VARIED BY LAWS
4. The Contractor shall furnish, without extra charge, all work and
materials not mentioned or shown, but generally included under this class of
contract, necessary for the proper execution and completion of the work, and
also any work or materials of the kind herein contracted for required to conform
the Building to all laws and the Rules and Regulations of all Municipal
Departments, the Board of Fire Underwriters and all other authorities having
jurisdiction.
MEASUREMENTS VARIED BY JOB CONDITIONS
5. Dimensions on plans are to be followed [Remainder Intentionally Omitted]
OWNER TO INTERPET SPECIFICATIONS
6. The Owner shall decide all questions which may arise as to the
performance, quantity, quality, acceptability, fitness and rate of progress
of the work or materials furnished under this contract. It shall decide all
questions which may arise as to the interpretation of the specifications and
of drawings and as to their fulfillment on the part of the Contractor, and as
to defects in the Contractor's work, The Owner, whose interpretation of and
decision as to the meaning of the plans, drawings, details and specifications
or any part thereof shall be final. All interpretations and decisions to be
consistent with industry standard practices.
INDEMNITY VIOLATION OF LAW
7. (a) The Contractor agrees to perform the work in a safe and proper
manner and so as to comply with all laws and ordinances referring to such work,
and will indemnify and save the Indemnitees harmless (such Indemnity, as used in
this Article, to include the defense of all claims made against the Indemnitees)
against all penalties for violation of same and any and all costs and damages
Incurred In connection therewith. Wherever used in this contract, an Indemnity
is referred to as being provided for the indemnitees, said indemnity shall be
extended to their respective parent companies, corporations, and/or partnerships
and their owned, controlled, associated, affiliated and subsidiary companies,
corporations and/or partnerships and the respective agents, consultants,
principals, partners, servants, officers, stockholders, directors and employees
of each.
The general administration of the construction by the Construction
Manager, as agent of the Owner, is for the sole purpose of representing the
Owner's interests, in determining that the work Is being properly executed.
While the Construction Manager shall provide the Contractor with assistance and
direction In prosecuting the work, such action will not relieve the Contractor
from any responsibility for the work, Including, but not limited to
responsibility for construction means, methods, techniques, sequences or
procedures or for safety precautions and programs in connection with the work.
In no event shall the Owner or Construction Manager be liable to the Contractor.
either in tort or otherwise, for any costs or damages, whether asserted directly
against the Owner or Construction Manager or by the way of indemnification in
whole or part, resulting from any act, direction, supervision, instruction or
coordination furnished to the Contractor by the Owner or Construction Manager or
the failure to furnish same, which directly or indirectly affects the
performance of the Contractor, unless the Contractor, before complying therewith
to its damage, or in the case of a failure to act, within five (5) days after
such omission has occurred, objects in writing to the Construction Manager to
said act or omission and notifies it in writing that same will result in
monetary costs or damages to the Contractor. Failure by the Contractor to
furnish said notice of objection in writing as required herein shall constitute
an irrevocable waiver and release of all claims for damages against the
Construction Manager arising therefrom.
PROPERTY DAMAGE
(b) The Contractor hereby assumes entire responsibility for any and all
damage or injury of any kind or nature to property, including adjoining
property, caused by or resulting from the execution of the work or occurring in
connection therewith, and agrees to Indemnify and save harmless the Indemnitees
from and against all claims, liabilities, damages, loss and expense incurred by
or imposed upon the Indemnitees for damage or Injury to such property, however
such damage or injury may be caused, whether such claims, liabilities, damages,
loss or expense arise from or are caused directly or indirectly by (i) the
negligence of the Contractor or any subcontractor, to him or the agents or
employees of either of them, in the performance of work under this contract, or
the use by the Contractor or 8ny his subcontractor, or the agents or employees
of either of them, of any materials, tools, hoists, ladders, implements,
appliances, scaffolding ways, works, machinery or other property, or (ii) the
negligence of the Indemnitees, whether attributable to a breach of statutory
duty or administration regulation or otherwise or (iii) injury or damage to
property for which liability is imputed to the Indemnitees; or (iv) any other
manner; provided, however, that the foregoing indemnity shall not extend to a
case where such damage or injury is caused by the sole negligence of any of the
Indemnitees. The Contractor shall be solely responsible for the safety of its
work and of all equipment and materials to be used therein until final
completion and acceptance of the same and shall promptly at its own expense
repair any damage or Injury to same, unless such damage or injury is cause by
the sole negligence of any of the Indemnitees.
PERSONAL INJURIES
(c) The Contractor shall properly guard its work and areas affected
by its work and properly perform its work to prevent any person or persons
from being injured by it or by the condition of the Site or by the condition
of any other place where work incidental to the project is being performed,
and shall in all respects comply with any and all provisions of the law and of
local ordinances relating to construction work, including but not limited to
maintenance of danger signals, barriers, lights and similar safeguards
respecting falling materials and in and about all excavations, protruding
nails, hoists, openings, scaffolding, stairways and other parts of the work
and adjacent and other areas where the same are required. The Contractor
agrees to indemnify and save harmless the Indemnitees from and against all
liability, damage, loss, claims, demands, actions and expenses, including but
not limited to attorney's fees which arise or are claimed to arise out of or
is connected with any accident or occurrence which happens, or is alleged to
have happened in or about the place where such work is being performed,
whether at the Site or other place, (1) while the Contractor is performing the
work, either directly, or indirectly through a subcontractor of the Contractor
or materials or vendors agreement, or (2) while any of the Contractor's or
said subcontractor's property, work in progress, equipment or personnel are in
or about such place or the vicinity thereof by reason of or as a result of the
performance of the work, including without limiting the generality of the
foregoing, all liability, damages, loss, claims, demands and actions on
account of personal injury, death or property loss to any Indemnitee, any
Indemnitee's employees, agents, subcontractors or invitees, any other
Contractor, its employees,
agents, subcontractors or invitees, or to any other persons, whether based upon
or claimed to be based upon, statutory (including, without limiting the
generality of the foregoing, worker's compensation), contractual, tort or other
liability of any Indemnitee, and whether or not caused or claimed to have been
caused by active or Inactive negligence or other breach of duty by any
Indemnitee, any lndemnrtee's employees, agents, subcontractors, or invitees, or
any other person as long as the Indemnitor or its subcontractor or its
materialman or vendor was negligent in whole or in part.
In the event that 100 per cent indemnity is prohibited by law under the
Paragraph above, then the extent of Indemnity under said paragraph shall be
limited to the portion of the damages (whether from personal injury, death dr
property damage) not attributable to the percentage of negligence of the
Indemnitee.
It is further agreed that, if the Contractor subcontracts or delegates
to ethers the work or any part thereof, said subcontractors and/or delegates and
their agents, servants and/or employees, for the purpose of contractual
Indemnity only, shall all be deemed servants and/or employees of the Contractor
so that any negligence on the part of the subcontractors or the delegates or
their agents, servants and/or employees shall be deemed the negligence of the
Contractor for purposes of indemnity under this Article 7.
It Is further agreed that, if the Contractor subcontracts or delegates
to others the work or any part thereof, the contractor will have the
subcontractors and/or delegates agree to indemnify the Indemnitees in the same
manner as the Contractor has agreed to indemnify the Indemnitees under this
Article 7 and shall deliver a true copy of said agreement to the Construction
Manager. In the absence of such agreement or the delivery of same prior to the
subcontractors or delegates commencing their work, the Contractor will be held
liable to indemnify the Indemnitees in the same manner and to the same extent
that the subcontractors and/or delegates would have been required to indemnify
the Indemnitees if such agreement had been made. Whether or not the Contractor
secures or delivers an agreement by the subcontractors and/or delegates to
indemnity the Indemnitees as provided herein, the Contractor's independent duty
to Indemnify the Indemnitees pursuant to the terms of the contract, shall remain
in full force and effect.
The Contractor's requirements of indemnity under this Article 7 shall
be read cumulatively, and no paragraph of indemnity shall be read so as to
restrict in any way any other paragraph of indemnity. The purpose of these
indemnity paragraphs is to give the Indemnitees that greatest right of indemnity
against the Contractor allowed by law.
DAMAGE INDEPENDENT CONTRACTORS
(d) The Contractor agrees to Indemnify and hold the Indemnitees
harmless by reason of any liens, claims, demands, judgement or other
liabilities, which may be asserted against the Indemnitees by any other
Independent contractor on the job, and which arise out of any act or omission of
the Contractor.
WITHOLDING OF PAYMENTS TO EFFECT INDEMNITY
(e) In the event of any such liability, loss, expense, damage or
injury, or if any claim or demand for damages is made against the Indemnitees,
the Owner may withhold from any payment due or thereafter to become due to the
Contractor under the terms of this contract. an amount sufficient in its
judgment to protect and indemnify Indemnitees for any and all such claims,
liability, expense, loss, damage, or injury, or tne Owner, in its discretion
may require the Contractor to furnish a surety bond satisfactory to the Owner,
guaranteeing such protection, which bond shall be furnished by the Contractor
within five (5) days after written demand has been made therefore.
(f) The indemnification obligation of the Contractor under this Article
7 shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefit payable by or for the Contractor or any
Subcontractor under Workmen's Compensation Acts, Disability Benefit Acts or
other employee benefits acts, and is in addition to any rights to
indemnification which. may exist at law.
INSURANCE
8. Unless otherwise provided for by the attached Insurance Rider.
prior to commencement of any work under this contract, and until completion
and final acceptance of the Work, the Contractor and each and every
subcontractor shall, at its own expense, maintain the following insurance on
its own behalf and for the protection of the Owner, Construction Manager and
all other indemnities named in this Contract:
a. Comprehensive General Liability
b. Worker's Compensation
c. Comprehensive Automobile Liability
d. All other insurance protection required by the Owner
All of the above coverages shall comply with the specific requirements
contained in the Insurance Rider hereby attached and made a part of this
contract.
SIGNS
9. Contractor shall not place any signs, billboards or posters on any portion
of the Site, Building, the property or fences (temporary or permanent)
surrounding the same, except upon prior written permission received from the
Owner, and then only of a size, material, color and type and at a location
approved by the Owner.
TOOL SHEDS
10. If so required by Owner, the Contractor shall, at its own cost, provide,
erect and maintain, at locations designated by the Owner, fireproof tool sheds
for storing the Contractor's tools, materials and equipment. The Contractor
shall relocate its tool sheds as requested by the Owner at the Contractor's
own cost. The Owner or Construction Manager will not be responsible for any
clothing, tools, materials or equipment lost, damaged, stolen or destroyed.
CONDITION OF PREMISES AND ADJACENT PROPERTY
[INTENTIONALLY OMITTED]
OWNER TO DEDCIDE IN EVENT OF CONFLICT
12. Whenever the specifications shall be at variance, in conflict or with
any of the provisions of this contract, the Contractor shall advise the Owner
and the interpretation and decision of the Owner shall be final and binding on
the Contractor.
INSPECTION
13. The Contractor shall provide sufficient, proper and safe facilities at all
times for the inspection of the work by Architect, the Owner, Construction
Manager, Mortgagees, the Municipal and/or State inspectors, and their
authorized representatives. If any work is covered up without the approval of
the Owner, it must, if required by the Owner, be uncovered for inspection at
the Contractor's expense. The Contractor shall afford and provide at all times
to the Architect, the Owner, the Construction Manager and their
representatives satisfactory evidence of the quality of materials used and
complete information in writing as to where materials to be used in the
performance of this contract are being manufactured or assembled, and full and
free access to all shops and manufactories for the purpose of Informing
themselves as to the general condition and progress of the materials herein
contracted to be used or Installed. The Contractor shall instruct such
suppliers and manufacturers to give full and accurate information in writing
directly to the Owner on any questions concerning quality, performance,
delivery status, and such other data as may be requested by the Owner.
MATERIALS AND EQUIPMENT
14. All materials and equipment are to be new and of the best quality of the
kind specified unless material or equipment of Inferior type Is distinctly
specified, and the Contractor shall, if required by the Owner, furnish
satisfactory evidence of the kind and quality of materials and equipment. The
Contractor shall, if required by the Owner, obtain the manufacturer's written
recommendation that the material arid equipment is designed and appropriate
for the use intended. Such materials and equipment shall not be subject to any
conditional xxxx of sale, security agreement, financing statement, chattel
mortgage, or any other claim, lien or encumbrance. Materials and equipment
shall be promptly delivered and distributed where Owner may require or direct,
as needed for the uninterrupted and speedy progress and completion of the
work, and so as not to encumber the Site unreasonably. The Contractor shall,
if required by the Owner, cause the materials (1) to be manufactured in
advance, (2) to be warehoused either at the factory or elsewhere, as directed
by the Owner, (3) to be delivered to the Site promptly when so instructed by
the Owner and (4) to be relocated or removed from the Site at the cost of the
Contractor. Care must be exercised by the Contractor against overloading any
parts of floors, roofs, scaffolding and other installations. All materials
delivered at the Site which are to form a part of the work herein specified
shall not be removed without the consent of the Owner, but the Contractor will
have the right to and shall remove all its surplus material after completion.
LABOR
15. All work is to be done in the best manner and by persons skilled in
the type of work to be performed. All labor employed under this contract shall,
at the option of the Owner, to the extent permitted by law, be union and/or that
recognized by and in harmony with the local Building Trades Employers'
Association and Contractor shall not employ any labor which may cause dissension
with other workers on the Site, by whomsoever employed. The Contractor shall
give the work constant attention and supervision through a responsible
representative or superintendent, and any necessary assistants. Such
representative shall be authorized to act for the Contractor in all matters
relating to the work, and all directions given him shall be as binding as if
given to the Contractor. The Contractor shall also keep a competent xxxxxxx at
the Site while work is in progress, and enforce strict discipline among its
employees, including the Owner's regulations with regard to fires, smoking and
other hazards. The Owner is given the right to require the Contractor to remove
Immediately any employee or agent employed at the Site whom the Owner deems
incompetent or a hinderance to the proper progress of the work, and such person
shall not again be employed in the work without the prior consent of the Owner.
PROTECTION OF WORK AND EQUIPMENT
16. The Contractor during the construction of its work and while it is
working on the Site in any capacity whatever, and until the completion' of the
project, shall protect all unfinished work and all materials on the Site, all
adjacent property and all tools, plants, equipment and other appliances for the
Contractor's use or Incidental thereto for the execution of this contract,
whether furnished by the Contractor or Owner, from rain, water. frost and the
elements and from all other kinds of damage which may be caused in any manner
whatsoever, and the Contractor shall be entirely responsible for any loss or
damage done to said work, materials, tools, plant, equipment and other
appliances in any manner aforementioned, excepting damage by fire to materials
incorporated into the work or delivered to the Site for incorporation into the
work, even though the particular work damaged may be finished at the time and
the Contractor may be working in some other portion of the Site, and the
Contractor hereby agrees that it will not hold the Indemnitees responsible for
any such loss or damage, by whomsoever caused.
UNSOUND WORK OR MATERIALS
17.The Contractor, upon receiving notice from the Owner that the
Contractor has furnished inferior, improper or unsound work or materials
(including equipment) (whether worked or unworked), or work or materials at
variance with that which is specified, will, within twenty-four (24) hours,
proceed to remove such work or materials and make good all other work or
materials damaged thereby, and, at the option of the Owner, the Contractor shall
immediately replace such work or materials with work or materials as specified.
The removal, replacement and repair shall be performed on "off hours" or
overtime with manpower sufficient, In the judgment of the Owner, so as not to
interrupt or delay the Owner's construction schedule and so as to avoid
disturbance to occupants of the completed Site and/or Building. If the
Contractor does not remove such unsound work within a reasonable time, the Owner
may remove it and may store the material at the expense of the Contractor. If
the Contractor does not pay the expenses of such removal within ten (10) days'
time thereafter, the Owner may, upon (10) days' written notice, sell such
materials at auction or at private sale and shall account for the net proceeds
thereof, after deducting all the costs and expenses that should have been borne
by the Contractor and all expenses of the sale. The Owner shall have the
authority at all times, until final completion and acceptance of the work, to
inspect and reject work and materials which in its judgment are not in
conformity with the drawings and specifications, and its decision in regard to
character and value of work shall be final and conclusive on both contracting
parties. If the Owner permits said work or materials to remain, the Owner shall
be allowed the difference in value or shall at its election have the right to
have said work or materials repaired or replaced, as well as the damage caused
thereby, at the expense of the Contractor, at any time within one year after the
completion of the entire project. or within such longer period as may be covered
by any guaranty; and neither payments made to the Contractor, nor any other acts
of the Owner, shall be construed as evidence of acceptance, waiver or estoppel.
Any expense incurred by the Owner in connection with the foregoing, shall be
borne by the Contractor, and the Owner may withhold money due to the Contractor
or recover money already paid to the Contractor, to the extent of such expense.
FITTING OF THIS WORK WITH OTHER WORK
18. The Contractor will furnish all labor, implements, tools, scaffolding,
rigging, hoisting and other items required to carry on its work, In the most
approved and up-to-date manner; and shall do the necessary incidental cutting of
woodwork. brick, stone, masonry, plaster, cement, iron, metal or other material
for the installation of its work, and will do all patching in connection
therewith; but cutting is to be avoided where possible. The Contractor will, if
required by Owner, do all necessary cutting, fitting and patching of its own
work that may be required to make the several parts come together properly, and
fit the work to receive or be received by work of other contractors shown upon,
or reasonably implied by, the drawings and specifications. The Contractor shall
not endanger any work by cutting, digging or otherwise. In laying out its work,
Contractor shall also examine the work installed by others and the shop drawings
of the work to be installed by others prior to the beginning of the installation
of its own work. If the Contractor begins its work, the xxxxxxxx of such work
shall be conclusively deemed to mean that it accepts all preceding work as
suitable and
proper to receive its work, unless it has notified the Owner in writing to the
contrary before starting. In the event of failure of the Contractor and another
contractor to agree as to the extent of cooperation to be exhibited or of work
to be done by either, to Insure the carrying out of their respective agreements,
such disagreement shall be resolved by the Owner whose decision shall be final
and binding upon all parties.
RUBBISH REMOVAL
19. The Contractor shall at all times keep the Site free from accumulation of
waste materials or rubbish caused by its employees or work and, at the
completion of the work, it shall remove all its tools, scaffolding and surplus
materials and shall leave its work broom clean or its equivalent. The Contractor
shall daily, or less frequently as the Owner may require. collect its rubbish at
places where directed by the Owner and shall remove the rubbish from the Site
without unnecessary delay. The Contractor shall do all required cleaning within
twenty-four(24) hours notice from the Owner, whether verbal or in writing, and
if the Contractor fails to do such cleaning to the satisfaction of the Owner,
the Owner may do the cleaning and charge the Contractor for all costs incurred.
COMPLIANCE WITH LAW
20. The Contractor shall procure and pay for all permits, licenses, approvals,
certificates and authorizations necessary to the prosecution and completion its
work and deliver evidence of the same to the Owner. All work shall be done in
strict accordance with all laws, ordinances, rules, regulations and requirements
of the Board of Underwriters and all Municipal, State, Federal and other
authorities having jurisdiction. Where drawings and specifications conflict with
the law, the law is to be followed The Contractor shall promptly notify the
Owner, the respective departments or official bodies when its work is ready for
inspection and shall, at once, do all work required to remove any violations or
to comply with such inspections, without additional charge to the Owner. The
Contractor shall perform all work necessary to obtain approvals of the
authorities mentioned above without additional cost to the Owner.
LIENS
21. If at any time, there shall be evidence of any lien or claim for which, if
established, the Owner might become liable, or which should, In any event, be
charged to the Contractor, the Owner shall have the right to retain, out of any
payment due or thereafter to become due, an amount sufficient to indemnify the
Owner against such lien or claim, including bond premiums and attorneys' fees,
and to apply the same in such manner as Owner deems proper to secure protection
and/or satisfy such claim and liens. Should there prove to be any such lien or
claim after all payments are made to the Contractor, it shall repay the Owner
all sums which may be compelled to pay in discharging such lien or claim,
including any and all legal fees or other charges.
PATENTS
22. The Contractor will not unlawfully use or install any patented article, and
agrees to Indemnify and save the Indemnitees harmless from any claim and against
all damage which the Indemnitees may sustain by reason of the use or
installation of such patented article, and at its own cost and expense to defend
any action, whenever Instituted, brought against the Indemnitees or their
respective successors or assigns, founded upon the claim that any such article,
or any part thereof, infringes any such patent. In the event of any such claim
or damage, the Owner may withhold from any payment due or thereafter to become
due to the Contractor, an amount sufficient in its judgment to protect and
indemnify the Indemnitees for any such claim or damage, or the Owner may require
the Contractor to furnish a surety bond satisfactory to the Owner providing for
such protection and indemnity. which bond shall be furnished by the Contractor
at its own cost and expense, within five (5) days after written demand has been
made therefor. The Contractor shall pay all royalties, fees and other claims in
connection with patented articles which it uses under this contract. In the
event of any injunction or legal action serving to stop the work, the Owner
shall have the privilege of requiring the Contractor to substitute such other
articles of like kind as will make it possible to proceed with and complete the
work, and all cost and expenses occasioned thereby shall be borne by the
Contractor.
ASSIGNMENT
23. (a) The interests, rights, powers, duties and liabilities of the parties
hereto shall be binding upon, and shall enure to the benefit of, the respective
successors and assignees of the parties; but the Contractor shall not assign or
transfer its interest in this contract or assign or transfer any right it may
have under the same or the proceeds payable hereunder or any part hereof, or
subcontract or delegate to others the work or any part thereof, unless the
written consent thereto of the Owner is first procured, and any assignment or
subcontract made in violation of this provision shall be null and void. Any such
subcontract shall provide that it is subject to the provisions of this contract
and shall provide that the Contractor has all the rights and remedies against
the subcontractor that the Owner has against the Contractor under this contract
and shall expressly incorporate all such provisions as far as the same are
applicable and no such subcontract shall be valid without the consent of the
Owner endorsed thereon. The Contractor agrees that it is as fully responsible to
the Owner for the acts and omissions of its subcontractors and of persons either
directly or indirectly employed by them, as it is for the acts and omissions of
persons directly employed by it. Nothing contained in this contract shall
create any contractual relationship between any subcontractor and the Owner, or
create any obligation on the part of the Owner to pay or to see to the payment
of any sum to any subcontractor. The Owner may, without limitation, assign this
contract, or any portions thereof, or any rights arising hereunder, including
any guaranties or warranties of workmanship or material.
CHANGE OF STATUS
(b)In the event that the project should be abandoned by the Owner,
the Owner shall have the right, at any time, to send a written notice to the
Contractor, terminating this contract, in which event, the Owner shall pay the
Contractor for all work actually provided up to the date of the sending of such
notice and shall reimburse the Contractor for all costs and expenses actually
expended and Incurred (amounts "incurred" to be limited as though Contractor's
suppliers and subcontractors had received a similar notice and were bound by a
similar provision in their agreements) up to said date which are not cancellable
or recoverable by the Contractor, arid the Contractor shall not receive any
markup for overhead and profit except to the extent of a reasonable markup on
said amount so paid and reimbursed and the parties hereto shall, except as
otherwise provided hereinabove, be released of all future liability or
obligations under this contract.
TIME OF ESSENCE
24.The Contractor shall commence and complete work and deliveries of
material at the times hereinafter mentioned or as soon thereafter as required by
the Owner or as extended by other provisions of this contract. Where the dates
for the commencement or completion of work on the making of deliveries are not
specified after the time fixed for such commencement, such work or deliveries or
the part of the same concerning which no dates are given shall be commenced
[INTENTIONALLY OMITTED] as soon as practical and shall be prosecuted and
completed with all possible diligence and speed or as otherwise directed by the
Owner. The time stated in this contract for the commencement, prosecution and
completion of this work and the deliveries and installation of material shall be
deemed of the essence of this contract.
CCOPERATION WITH OTHER CONTRACTORS
25.The Contractor must keep itself informed of the conditions at the
Site, so as not to delay the 'delivery of materials or the installation of the
work called for In this contract. It is expressly agreed that the Contractor
must cooperate with and extend every possible facility to other contractors
employed at the Site. and must afford all other contractors reasonable
opportunity for the Introduction and storage of their materials and execution of
their work. The Contractor recognizes that efficient construction of the project
requires that all the work thereon be coordinated and therefore agrees to accept
the determination of the Owner as to the time when work of the Contractor shall
begin and the manner in which it shall progress in connection with other work
involved iii the said construction. It further agrees that the direction of the
Owner with respect thereto shall be complied with fully and promptly.
DELAYS IN GENERAL
26.(a) Should the Contractor be delayed by fault of the Owner,
Construction Manager, Architect or any other contractor, or by abnormal weather
conditions, then the time fixed for the completion of the work shall be extended
for a period equivalent to the time so lost. The Owner, Construction Manager or
Architect shall not be held responsible for any loss or damage sustained by the
Contractor through delay caused by the [INTENTIONALLY OMITTED] abnormal weather
conditions, or by any other cause beyond the control of the Owner, Construction
Manager or Architect.
STRIKES
(b) Should the Contractor be delayed by general strikes or lockouts throughout
the trade, then time for the completion of the work shall be extended for a
period equivalent to the time lost, or the Owner shall, at its option, have the
right to terminate this contract and to employ other contractors to finish the
work and provide the materials therefor, and to pay the Contractor pro rata for
materials and work already supplied, or this contract price, reduced by the cost
to the Owner of completing the work for which provision Is made herein,
whichever is less.
NOTICE TO OWNER
(c) None of the foregoing causes of delay shall be deemed a valid excuse for
failure to start, perform or complete the work or deliveries at the times
specified, unless the Contractor has notified the Owner in writing of the
alleged cause of delay within forty-eight (48) hours after the commencement
knowledge thereof.
ADDITIONAL LABOR
(d) Should the Contractor fail, refuse or neglect to supply a
sufficiency of workmen or to deliver the materials with such promptness as to
prevent the delay in the progress of the work, or fail in any respect diligently
to commence and prosecute the work and proceed to the point to which the
Contractor should have proceeded hereunder, or if the different parts thereof
are not commenced, prosecuted, finished, delivered or installed on time as
herein specified or if the Contractor shall fail In the performance of any of
the covenants of this contract, the Owner shall have the right to direct the
Contractor, upon three (3) days' written notice, at the Contractor's cost and
expense to furnish such additional labor and to expedite deliveries of materials
(or the Owner may furnish such labor and expedite such deliveries at the cost to
the Contractor), which labor or expediting shall, in the Owner's opinion, be
sufficient to speed up and complete the work as herein provided.
OVERTIME
(e)If such additional labor shall not be available, the Owner shall
have the right to direct the Contractor, at the latter's own cost and expense,
to work overtime to such an extent as will be sufficient, in the Owner's
opinion, to speed up and complete the work as herein provided.
REMEDIES OF OWNER
(f) The Contractor agrees that if it delays the speedy progress of the work so
as to cause loss or damage to the Owner or to other contractors, then it shall
reimburse the Owner and such other contractors for such loss. In addition to the
foregoing, the Owner shall have the right, after three (3) days' written notice
to the Contractor, to provide any such labor, additional labor, overtime labor
and materials and to deduct the cost thereof from any moneys then due or
thereafter to become due to the Contractor. Permission by the Owner for delayed
finishing shall not be construed as a waiver of the Owner's right to be
compensated by the Contractor for damage resulting from such delay.
TERMINATION BY OWNER
(g)If the Contractor shall fail to comply with any of the provision
of this contract on its part to be performed, the Owner shall have right after
three (3) days' written notice to the Contractor, to terminate this contract and
the employment of the Contractor, to take possession of the Contractor's
materials, tools, plant, equipment and appliances used or to be used for the
construction, whether on or off the Site, (and for that purpose to enter the
premises of the Contractor) and to cause the entire remaining work to be
finished and the materials therefor to be furnished by another contractor or
contractors or by day's work, as the Owner deems fit; and the Contractor shall
not be entitled to any further payment until all the work specified in this
contract shall be finished, at which time, if the unpaid balance of the amount
to be paid under this contract shall exceed the expense incurred by the Owner in
finishing the work, including overhead, attorneys' fees and damage incurred
through the default of the Contractor, such excess shall be paid to the
Contractor, but if such expense shall exceed such unpaid balance, the Contractor
shall pay the difference to the Owner. After the work has been completed, the
Contractor may remove such materials, tools, plant, equipment and appliances as
remain, but neither the Owner nor the Construction Manager shall be liable for
anything that has been lost, stolen, destroyed, worn or used. In addition,
without terminating this contract, the Owner may, under the circumstances set
forth above, terminate the Contractor's right to proceed with any part of the
work or with the furnishing of any part of the labor and/or materials.
PERFORMANCE BOND AND PAYMENT BOND
27. The Contractor, within five (5) days after notice by the Owner
given at any time prior to the completion of the work, shall at its own cost and
expense, furnish to the Owner performance and payment bonds Issued by a surety
company satisfactory to the Owner, and in form satisfactory to the Owner,
guaranteeing the due and prompt performance of all of the terms of this contract
on the part of the Contractor to be performed, and the prompt payment of all
amounts to be paid by the Contractor for labor and materials. In the event that
the Contractor fails to furnish the bonds as aforesaid, the Owner shall have the
option of declaring the Contractor to be in default and of exercising any or all
of the rights set forth in this contract. Bonds shall be written at standard
rates of surety companies authorized to do business in the State in which the
Site is located and may, at the Owner's option, be placed directly by the Owner
at the Contractor's cost and expense.
BANKRUPTCY
28. If, prior to the commencement of this contract, the Contractor
shall be adjudged a bankrupt or becomes insolvent, or if any petition under the
Bankruptcy Act of the United States is filed by or against the Contractor, or if
it should make an assignment for the benefit of creditors, or if a receiver of
the Contractor's property should be appointed, or if any judgment is taken
against the Contractor and execution is issued thereon, or if the property of
the Contractor passes into the hands of any legal representative, then and in
any of those events, the Owner may, at its option, terminate this contract and
the employment of the Contractor, with the same rights and privileges set forth
in Article 26.
ACCELERATION OF PERFORMANCE
29. If the Owner shall desire the Work of the Contractor hereunder to
be performed with greater speed than is herein contracted for, the Contractor
shall, without affecting or abridging the rights of the Owner set forth in any
Article hereof, upon receipt of a written order from the Owner, employ overtime
Work as so ordered. Direct cost of the premium time for all labor utilized by
the Contractor In such overtime work as shown on the time slips checked and
approved each day by the Construction Manager shall be paid by Owner to the
Contractor, but no overhead, supervision costs, commission or other costs shall
be charged thereon.
NO WAIVER
30. The failure of the Owner to insist in any one or more instances upon a
strict compliance with any provision of this contract, or to exercise any option
herein conferred, shall not be construed as a waiver or relinquishment of the
right of the Owner thereafter to require a compliance with such provision of
this contract. or a waiver of the right of the Owner thereafter to exercise such
option, but such provision or option will remain in full force and effect.
GUARANTY
31. The Contractor hereby agrees to repair and make good any damage, defects or
fault in the premises that may appear within one year after completion, or
within such longer period as may be provided In the specifications, guaranty or
other writing, as the result of imperfect or defective work or materials
furnished by the Contractor (even if such defects or imperfections be latent) or
work or materials at variance with what is specified. All materials furnished or
installed (except where otherwise expressly specified) shall be subject to a
guaranty of one year from the date of (a) completion of the entire project, (b)
the making of final payment by the Owner to the Contractor, (c) the issuance of
a final Certificate of Occupancy, or (d) the discontinuance of the use of
permanently Installed work for temporary construction purposes, whichever is
latest. Contractor hereby agrees to make any and all repairs which may become
necessary, during the guaranty period, on account of faulty materials furnished
or faulty workmanship performed, and the guaranty period [INTENTIONALLY OMITTED]
in a prompt and expeditious manner or reasonable period from receipt of written
notice, without cost to and to the satisfaction of the Owner. All rights
acquired by the Owner through guaranties by the Contractor shall enure to the
benefit of the Owner, its successors and assigns. In addition to the foregoing,
any equipment warranties secured by the Contractor, including those in excess of
one (1) year, and any bond or guaranty which may be required under the plans or
specifications, shall also enure to the benefit of the Owner, its successors and
assigns.
PAYROLL AND SALES TAXES
32. The Contractor hereby accepts exclusive liability and shall hold the Owner
and Construction Manager harmless for the payment of contributions pursuant to
any Unemployment Insurance Law, Old Age Retirement Benefits Law and any other or
similar Social Security Law or Payroll or Income Tax now or hereafter enacted by
any City, State or Federal Government or any subdivision of either, levied or
based upon the payroll of the Contractor for employees partly or wholly engaged
in the work covered by this contract. The Contractor agrees to furnish all
necessary information to enable the Owner to comply fully with all the
requirements of such laws. All sales and use taxes are included in the contract
price and are to be paid by the Contractor. In the event that any law is or has
been passed. or any rule or regulation pursuant thereof is enacted, which
requires the Owner to pay, either directly or indirectly, the amount of any such
tax, or should any such law, rule or regulation direct the Owner to collect the
same, or make the Owner liable for the collection thereof, or make the Owner
responsible therefor, it is covenanted and agreed that the Contractor shall
fully and completely make all payments therefor, and shall fully and completely
Indemnify and save the Owner harmless from any and all such taxes. It is further
agreed that the Owner shall have the right to deduct the amount of any and all
such taxes from the contract price at any time the Owner may, in its sole
discretion, deem it advisable, to the end that the Owner may not be under
liability therefor whatsoever, it being agreed that the Owner shall have the
right to deduct any and all such moneys from the next payments due under this
contract and from the retained percentages. If any Sales Tax provides any
exemption from tax for capital improvements, Owner agrees to provide Contractor
with the necessary certification and Contractor agrees not to charge tax with
respect to the furnishing of labor and/or materials as long as said exemption
provision is in effect.
HOISTING AND FACILITIES
33. The Contractor shall provide for hoisting all tools, materials and
equipment. The Contractor shall, at its own expense, install and maintain all
necessary meter equipment and wiring from the temporary street service to its
various items of equipment. The Owner shall have the right to utilize the
Contractor's wiring at no additional cost and the Contractor shall return to the
Site when so directed by the Owner to remove all such temporary wiring and
equipment. Should the Owner direct that the Contractor use a meter, servicing
more than one contractor and/or the Owner, the Contractor shall pay its
proportionate part of all charges. Such proportions shall be fixed by the Owner
and the apportionment shall be binding upon the Contractor.
PRICE NOT ADJUSTED FOR RISING COSTS
34. The Owner agrees to pay the sum herein set forth in current funds for such
work and materials, and in the manner and at the times herein set forth. Said
sum is intended to Include all increases in cost, foreseen or unforeseen,
including, without limiting the generality of the foregoing, taxes, labor and
materials, all of which is to be borne solely by the Contractor. All loss or
damage arising from any of the work performed under this contract through
unforseen or unusual obstructions, difficulties or delays which may be
encountered in the prosecution of same or through the action of the elements
shall be borne by the Contractor. It is mutually agreed between the parties
hereto that no payment made under this contract, shall be conclusive evidence of
the performance of this contract, either wholly or In part, nor shall it be
construed to be an acceptance of defective work or improper material, or an
approval of any of the items in any requisition made or xxxx rendered. All bills
or requests for payments must be presented in writing.
SCHEDULE OF VALUES
35. (a) Prior to the commencement of work hereunder, Contractor shall prepare
and submit to Owner, for Owner's approval, a "Schedule of Values" furnishing a
complete, detailed and itemized breakdown of the various divisions of the work,
including values for materials and labor. The total of this cost breakdown shall
be equal to the Contract Price.
PROGRESS PAYMENTS
(b) On or before the 26th day of each calendar month the Contractor shall
forward to the Owner, for its approval, a written statement showing the amount
due or to become due and including the last day of that calendar month. The
Contractor shall attach to each such application for payment, an acknowledgement
or payment to the date of the last advance, as well as a statement of any back
charges and credits to which the Owner is entitled, a sworn statement of any
claim for charges or extras due to the Contractor, such claim not to be valid
unless made at the time and in the manner aforesaid, a sworn statement setting
forth all amounts, if any, owed by Contractor to its subcontractors and
suppliers, and a Schedule of Values showing the percentages of the various
divisions of work completed, including values for materials and labor. All
requisitions shall be made on and in compliance with Owner's standard form of
Contractor's requisition and shall be subject to the terms thereof, Including
the submission of sworn statements from Contractor's subcontractors and vendors.
The Owner. on or about the final day of each calendar month, shall remit to the
Contractor 90% of the amount so requisitioned by the Contractor and as approved
by the Owner. In addition to the said retainage of 10%, the Owner shall also
retain a sum sufficient in its opinion, to complete the work in accordance with
the terms of this contract. Moreover, in each instance of requisition prior to
completion, the Contractor shall certify to the Owner that the cost of the work
remaining to be done under this contract does not exceed 90% of the balance of
the contract price unpaid. In no event will the Owner be required to pay in
excess of 90% of the contract price prior to the completion of all the work the
Contractor is obligated to perform under this contract.
WITHOLDING OWNER
(c) The Owner may withhold payment to the Contractor on account of (i) BY the
failure of the Contractor to comply fully with any requirements of this
contract, Including the failure of the Contractor to make payments to
subcontractors or for material or labor. (2) the failure of the Contractor to
prevent the filing of liens or claims to avoid the reasonable probability of the
filing of liens or claims against the Owner, the project or the Contractor, and
(3) damage to another contractor by reason of acts or failure to act of the
Contractor.
FINAL PAYMENT
(d) The balance owing to the Contractor under the terms of this contract shall
be due and payable within sixty (60) days after
(1) the completion of all work in this contract, Including patching and the
furnishing of missing material,
(2) acceptance thereof by the Owner, and
(3) receipt by the Owner of (A) all Contractor's "as built" drawings,
records and related data; (B) all guaranties and warranties to which the Owner
is entitled hereunder; (C) all permits, licenses, approvals, certificates and
'authorizations required by any authority having jurisdiction; (D) a general
release from the Contractor on the Owner's standard form in favor of the Owner,
Construction Manager and Owner's sureties, if any; and (E) satisfactory proof
that all claims, including taxes, growing out of tile work to be performed
hereunder and any liens growing out of the same which shall have been filed or
recorded, have been released.
TRUST FUNDS
36. Any and all funds payable to the Contractor hereunder are hereby
declared to constitute trust funds in the hands of the Contractor, to be applied
first to the payment of claims of subcontractors, architects, engineers,
surveyors, laborers and materialmen arising out of the described work, to claims
for utilities furnished and taxes imposed, and to the payment of premiums on
surety bonds and other bonds filed and premiums on insurance accruing during the
construction of the described work, before application to any other purpose.
Whenever required by the Owner, it shall be the duty of the Contractor to file
with the Owner a verified statement, in form satisfactory to the Owner,
certifying the amounts then due and owing from the Contractor for labor and
materials furnished under the terms of this contract, setting forth herein the
names of the persons whose charges or claims for labor, materials or supplies
are unpaid, and the amount due each respectively.
CHANGES AND EXTRAS
37. The Owner, without invalidating this contract. may order extra work or make
changes by altering, adding to or deducting from the work, the Contract Price to
be adjusted accordingly. The Contractor shall not make any alterations or omit
anything, or perform additional or extra work, except upon written order signed
by the Owner. The Owner shall at any time have the right to order extra work to
be performed on (a) Lump Sum Proposal, (b) Unit Prices, or (c) Time and Material
Basis. No request for payment for extra work will be honored unless accompanied
by such written order. All such work shall be executed under the provisions of
this Contract. The Owner's choice of the manner in which the extra work is to
proceed is described as follows:
(A) Lump Sum Proposal
The Contractor will within ten (10) days after receipt of the Owner's
communication submit his Lump Sum Proposal. This Proposal will be itemized
and segregated by labor and material for the various components of the
work. No aggregate labor total will be acceptable. The Contractor will
furnish with his Proposal
supporting data consisting of Subcontractor's and vendor's signed proposals. The
Contractor will be allowed 15% for overhead and profit on labor performed by his
own forces and material purchases. Subcontractors, likewise, will be permitted
an allowance of 15% for overhead and profit on their own work. The Contractor
will be further allowed a 6% commission on all of his subcontractor's work, 6%
overhead and profit will be allowed on equipment rented by the Contractor or
subcontractor. The Contractor may include in his labor proposal only those
workmen and foremen directly involved in the work. All other supervision is
included in the 15% overhead and profit allowed. Contractor will be entitled to
payment for labor, union fringe benefits, insurance. unemployment insurance,
soda security and taxes paid on labor. No overhead or profit will be allowed on
social security, unemployment insurance or other insurances or premium time.
Contractor's material costs xxxx include invoiced costs, transportation,
applicable sales or use taxes, actual rental costs or discounted local published
rental rates. Use o~ small tools is included in the Contractors's overhead and
profit. Overhead and profit as outlined above includes all other costs
whatsoever beyond those enumerated. if any of the extra work included in the
Lump Sum Proposal is covered by Contract Unit Prices, the Owner may elect to use
these unit prices within the Lump Sum Proposal. No overhead and profit may be
applied to these unit prices. The entire value of the change will be the net
difference of the work to which will be applied overhead and profit percentages.
(B) Unit Prices:
The Contractor will submit within ten (10) days after receipt of the Owner's
communication his written proposal itemizing the quantities of each item of work
for which there is an applicable Unit Price contained in the Contract. The
quantities must be itemized in relation to each specific contract drawing. Unit
prices will be applied to net differences of quantities of the same item.
(C) Time and Material:
Should the Owner elect to have any extra work performed on a time-and material
basis in lieu of Lump Sum Proposal or Unit Prices, and so notifies the
Contractor in writing, the Contractor shall perform such work at actual cost
(without any charge for administration, clerical expense, supervision or
superintendence of any nature whatever, including foremen, or the cost, use or
rental of tools or plant) plus 15 percent for overhead and profit. To this
figure the Contractor may add Unemployment Insurance and Old Age Retirement
Benefits taxes paid on labor required for the extra work. Moreover, if tile
Contractor procures the performance of extra work by others than its own
employees, the Contractor shall not be entitled to greater payment than that to
which it would have been entitled if it had itself furnished the labor and
materials required in connection with the work to be performed under this
provision. The Contractor will submit to the Owner daily time and material
tickets. These tickets will include the identification number assigned to this
work, the location and description of the work, the classification of labor
employed including workmens' names and social security numbers, the material
used, the equipment rented (not tools) and any other information ordered by the
Owner.
Where any such additional work is ordered as provided In this Contract, the
Contractor shall, for such purposes, permit the Owner to audit its books. The
Contractor shall produce any and all data which the Owner may request for the
purpose of determining the correctness of the changes. The Contractor shall keep
such full and detailed accounts as may be necessary to reflect its operations
with respect to such changes and extras, and the system adopted shall be such as
is satisfactory to the Owner. The Owner, Construction Manager, their agents and
employees, shall be afforded access at all reasonable times to the Contractor's,
Subcontractor's and Vendor's books, correspondence, instructions, receipts,
vouchers. memoranda and records of all kinds, relating to all work under this
Contract as well as to such changes and extras, and the Contractor shall
preserve the same for a period of six years after final payment hereunder. In
regard to the foregoing and generally, the Contractor hereby authorizes the
Owner and Construction Manager to check directly with its suppliers of labor and
materials the charges for such labor, materials and other items appearing in the
Contractor's bills rendered to the Owner, to confirm balances due and obtain
sworn statements and waivers of lien.
In the case of disagreement as to the amount to be paid or credited the
Contractor shall promptly comply with the order and payment to Contractor or
credit to the Owner shall be made in accordance with the contract payment
provisions up to the reasonable estimated value of the change as determined by
Owner.
Unless and until the Owner shall elect either the lump sum, the unit price
method or time and material, the Contractor shall maintain and submit daily
records of labor, material and equipment used in the work which have been
acknowledged thereon daily by the Construction Manager. In any event,
Construction Manager shall have the right to order such changes in the work to
proceed promptly prior to the submission of any proposal and/or Construction
Manager's election.
Any work included in this contract shall be performed by the Contractor at no
extra cost to the Owner despite any order from the Owner to the Contractor which
might contemplate such work as an extra.
NO DELAY BY CONTRACTOR
38. Notwithstanding the fact that a dispute, controversy or question shall have
arisen in the interpretation of any provision of this contract the performance
of any work, the delivery of any material, the payment of any moneys to the
Contractor, or otherwise, the Contractor agrees that it will not directly or
indirectly stop or delay any work or part of its work on its part required to be
performed or stop or delay the delivery of any materials on its part required to
be furnished hereunder, pending the determination of such dispute or controversy
in a timely manner.
SCHEDULING
39. The scheduling of construction operations for the project will be monitored
by a method to be chosen by the Owner. The Contractor, and its subcontractors,
if required, shall furnish all scheduling information requested by the Owner at
such time and In such form and detail as requested for its particular trade.
Such information shall be furnished within 2 weeks of the request and shall
further be revised from time to time when requested either prior to and/or at
any time during performance of its work.
Information submitted by the Contractor or others, acceptance or approval by the
Owner and the scheduling that may be developed and Implemented by the Owner or
Construction Manager shall not constitute the basis of any claim by Contractor
or its subcontractors for damage or delay nor excuse the Contractor's
performance as required herein.
BILLS AND NOTICES
40. A xxxx, statement, notice or communication which one of the parties hereto
desires to serve upon the other shall be deemed sufficiently given and rendered
if sent by registered or certified mail, return receipt requested, addressed to
the other party at the address set forth herein. The time of the rendition of
such xxxx, statement, notice or communication shall be deemed to be the time
when the same was mailed and each day's notice shall be construed to mean a
period of twenty-four (24) hours from the time of mailing.
RIGHTS AND REMEDIES
41. All Rights and Remedies of Owner under this Contract shall be
cumulative and shall be In addition to all other Rights and Remedies of Owner
provided by law.
NO ORAL MODIFICATION
42. This contract constitutes the entire agreement between the parties. The
Contractor affirms and agrees and represents and warrants that only the
statements, representations and promises expressly contained In this Contract
have been relied upon by him and have induced him to enter into this Contract.
No provision of this contract shall be changed or modified, nor shall this
Contract be discharged, in whole or in part, except by an agreement in writing
signed by the party against whom the change, modification or discharge is
claimed or sought to be enforced, nor shall any waiver of any of the conditions
or provisions of this contract or of any of the rights of either of the parties
hereunder be effective or binding unless such waiver shall be in writing and
signed by the party claimed to have given, consented to or suffered the waiver.
In the eve rit any written change or modification is made as aforesaid, the
Owner's rights and remedies under this contract and under any bond given to the
Owner, in accordance with the requirements of this Contract, shall in no way be
prejudiced or impaired, and the bond shall apply and be in full force and effect
with respect to this contract as so changed and modified.
SAVING CLAUSE
43. If any of the provisions hereof shall contravene or be invalid under the
laws of the jurisdiction where it Is to be performed, such contravention or
invalidity shall not invalidate the whole contract or any other provision
thereof, but this contract shall be construed as if not containing the
provisions held to be invalid, and the rights and obligations of the parties
shall be enforced accordingly.
EQUAL OPPORTUNITY CLAUSE
44. In connection with the execution of this contract, the Contractor shall not
discriminate against any employee or applicant for employment because of race,
color, religion, sex or national origin. Contractor shall use best efforts to
hire both minority and female employees whenever qualified individuals apply for
employment. The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during their employment
without regard to their race, color, religion, sex or national origin. Such
action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In conjunction with this provision, the
Contractor shall conduct its business In accordance with all federal, state and
local laws and/or ordinances pertaining to programs concerning affirmative
action and equal opportunity.
EXCULPATION OF PARTNERS
45. No general or limited partner or shareholder of the Owner or other Owner or
other holder of any equity interest in the Owner shall be personally liable
to this agreement or other holder of any equity interest In any such party shall
be personally liable for the performance of any such party's obligations under
this agreement. The liability of Owner for Owner's obligations under this
agreement shall be limited to Owner's interest in the Property, and the
Contractor shall not look to any of Owner's other assets seeking either to
enforce Owner's obligations under this agreement or to satisfy a judgment for
Owner's failure to perform such obligations. The Contractor will not enter into
any agreements with third parties without the inclusion of any exculpatory
clause similar to that set forth herein, limiting Owner's obligations to Owner's
obligations to Owner's interest in tile property.
MARGINAL NOTES
46. Marginal notes used in this contract are inserted only as a matter of
convenience and for reference, and they in no way define, limit or describe the
scope or intent of this contract, nor do they in any way affect this contract.
OWNER BENIFICIAL OCCUPANCY
47. If, before final acceptance the Owner desires to occupy the project or any
part thereof which is completed or partly completed, or to place or intall
therein certain equipment and furnishings; the Owner shall have the right to do
so and the Contractor shall in no way interfere with or object to such occupancy
by the Owner.
AFFIRMATIVE ACTION
48. The Construction Manager has a long standing practice of encouraging the
participation of Minority and Women owned firms in its business opportunities.
Accordingly, the contractor shall make every good faith effort to subcontract
with minority and women owned firms in the performance under this contract.
Additionally, the Construction Manager is an Equal Employment Opportunity
Employer and will expect all the contractors to secure Minorities and Women in
the workforce to the maximum extent possible. This policy shall be supplemented
by such specific goals and obligations imposed by governmental authorities
and/or as otherwise specified in the Contract documents.
LABOR AND MATERIALS TO BE FURNISHED BY CONTRACTOR
All labor, materials, equipment, tools, appliances, services, delivery,
hoisting, scaffolding, permits, testing. engineering. layout, supervision,
coordination and all other operations required for the complete performance of
all specified and related work stated herein, in accordance with the Contract
Drawings, Specifications, Riders and other Contract Documents listed or
referenced herein, all of which become part of this Contract.
CONTRACT PRICE
This Contractor shall perform all work set forth herein for the contract price
of THREE MILUON NINE HUNDRED AND SEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS
($3,907,750.00) including all applicable taxes, overhead and profit.
CONTRACT DOCUMENTS
Rider "A", General Addendum, dated May23, 1996 Rider "B", List of Drawings and
Specifications, dated May 9, i996 Rider "C", Alternates and Unit Prices, dated
March 25,1996 Rider "D", Industrial and Commercial Incentive Program, dated
March 20,1996 Insurance Rider - dated December 5,1995
TIME OF PERFORMANCE
This Contractor represents that he has sufficient manpower, equipment and
materials available to expedite all phases of his work schedule. Work in any
area shall commence upon 48 hours notice from the Construction Manager. Work
shall proceed in sequence and direction as required by the Construction Manager
and as provided for in the Time and Performance Section of Rider "A".
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly
executed as of the day and year first above written.
OWNER: STARRE REALTY
ACCEPTED:
U.S, BRIDGE OF NEW YORK, INC.
BY:
AGENT: Tishman Construction Corporation of New York
(construction manager)
BY:
Xxxxxxx Xxxxxxx, vice President
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON NA. XXXXXX XXXXX
XXXX 00XX XXXXXX
XXX XXXX, XXX XXXX
May 23,1996
TRADE: STRUCTURAL STEEL/METAL DECK
Notwithstanding anything In the other Contract Documents to the contrary, all
provisions of this addendum shall supercede any conflicting provisions of other
Documents. All other provisions of the Contract shall remain In full force and
effect.
A. GENERAL CONDITIONS
1. The Contractor represents that he Is familiar with, and has expertise
In the work of this Scope. The Contractor further agrees that he will
provide all work for the Scope as may be required to make a complete job
of that which may not be fully defined In the Contract Documents.
2. It is understood that all work of the Contractor shall be In strict
accordance with the Building Code of the City of New York and any rules
and regulations of the Building Department of the City of New York and
any other government agencies having jurisdiction. Where there is any
conflict in any provisions, the most stringent shall apply.
3. The Contractor shall comply with all of the legal regulations,
including OSHA safety regulations and regulations of municipal. city,
local, and other government agencies having jurisdiction concerning the
work of this Contractor. The Contractor shall give all notices and
comply with all laws, ordinances, codes, rules and regulations bearing
on the conduct of the work. If the Contractor performs any work which
is contrary to such laws, ordinances, codes, rules, and regulations, he
shall make all changes to comply therewith and bear all costs arising
therefrom.
4. All work on this Project will be subject to New York City Equal
Employment Opportunity regulations. The Contractor shall comply with
the Affirmative Action Plan embodying the requirements of the city and
other governing agencies.
5. The Contractor shall be fully responsible for all field measurements
and layout of his work. Axis lines and bench marks will be established
by the Construction Manager at grade only. All subsequent layouts shall
be performed by the Contractor who shall solely be responsible to
maintain the line and grade required.
6. The Contractor shall provide and pay for, place, relocate and remove
any and all of his required office trailer(s) or shanties when and
where directed. Structures shall be of fire resistant materials. It is
understood that the Contractor is responsible for acquisition,
maintenance, and subsequent removal of all utility and telephone
services required for his office trailer(s). The Contractor will be
responsible to provide and maintain his own storage rooms, including
protection and security. Each structure this Contractor maintains must
contain an appropriate number of automatic fire extinguishers as
manufactured by AD-X CORP., PEMALL or BUCKEYE FIRE EQUIPMENT CO. The
use of shanties and/or office may not be possible for this Project and
will only be allowed upon approval of Construction Manager.
7. Cost of Master Mechanic, if required, will be prorated between all
contractors on the job at the time who require or contribute to the
requirement of the service of such Master Mechanic. The Master Mechanic
will be employed by the contractor having the most Operating Engineers
on the job or, if an equal number of engineers are employed by more
than one (1) contractor, by the last contractor on the job whose
operations require such an employee. 100% of overtime cost for the
master mechanic will be charged to Contractor causing such cost to be
incurred. Cost of the teamster xxxxxxx during regular working hours
will be by Owner. Overtime costs caused by this Contractors deliveries,
unloading, operations etc., will be charged to this Contractor.
8. Temporary light, power and water will be provided during normal
working hours at no cost to the Contractor. Should the Contractor work
prior to or later than normal working hours or on Saturdays, Sundays,
or Holidays, he shall pay all costs including the cost of standby
trades, provided such overtime is required due to the Contractor's
failure to maintain schedule.
9. The Contractor has examined the site and the Contract Documents and
reviewed with the Construction Manager the designated areas of access,
delivery, and storage for the Contractor's use. He agrees that such
areas are satisfactory and sufficient for his needs in the prosecution
of his work In conformance with the terms of this Contract. Any changes
in such areas shall not be permitted without the approval of the
Construction Manager, which if approved, shall be at no additional cost
to the Owner.
10. The Contractor shall at his own expense collect and dispose of his
debris in a trash container located at grade level In a location
designated by the Construction Manager. Trash container will be
furnished and unloaded by others. Hoist costs will not be charged for
debris removal.
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON NA. OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
TRADE: STRUCTURAL STEEL/METAL DECK
A. GENERAL CONDITIONS - continued
11. The Contractor is aware that unless Included as part of the Scope of
this Contract, perimeter and/or Interior protection will be In place by
others, Including netting toeguards and cables or railings. The
Contractor shall remove same If required for Installation of his work
and shall replace such protection or provide a suitable substitute In
accordance with OSHA or other jurisdictional requirements, when he is
not working in the area.
12. All hoisting and hoisting requirements are the Contractor's
responsibility. Should the Contractor use the Construction Manager's
material hoist, he will be charged a rental of $300.00/hour straight or
overtime. Use of hoist shall be scheduled by the Construction Manager.
13. Any temporary openings required for subsequent installation of
Contractor's work must be brought to the attention of the Construction
Manager prior to completion of the pertinent work in the area of the
opening needed. Failure to request access will result in the Contractor
assuming all costs involved in providing, rebuilding and refinishing the
required access.
14. The Contractor must take special care in stocking his material on
floors to allow other trades free access to their work and not to overload the
slabs.
15. The Contractor shall comply with all federal and local laws regarding
noise control. Mufflers, whisperized compressors, and other noise
abatement and protection devices shall be used throughout the
Contractor's work.
16. The Contractor will provide protection necessary to safeguard his own
work, as well as the work of other trades, from damage by his own operations.
17. The Contractor will visit and carefully examine the premises upon
which the building is being erected and familiarize himself with the
existing conditions and difficulties that may affect the execution of his
work. The Contractor is aware that his work is being performed adjacent to
existing buildings that are in service. The Contractor agrees that he will
take all necessary steps to avoid damages to the existing construction.
Any damages caused by this Contractor will be repaired by the Contractor
at no additional cost to the Owner. The Contractor is cautioned that due
to the location of this Job he may encounter certain areas of special
coordination involving traffic congestion, building access, material
delivery, etc. It is understood that the Contractor is aware of these
conditions and the Contractor will not attempt to seek additional monies
for hardships that may arise due to his having to take special measures
and precautions regarding same.
18. It may be necessary for this Contractor to leave openings in his work
or omit portions of work temporarily in order that other trades can
perform their work. It is understood that the work of filling in openings
or completing such undone portions of the work may be required to be
performed at different times and intervals including those alter the
Contractor has completed his primary work. All of the foregoing shall be
done within the Contract Price.
19. Should any questions of union jurisdiction arise, the Contractor shall
immediately take steps to settle such disputes and will use such labor as
may be determined to have jurisdiction, at no additional cost to the
Owner. Should he fail to take expeditious action, he will be responsible
for any time lost because of delays arising from such a dispute.
20. All permits except the actual building permit required for any part of
the Contractor's work shall be procured and paid for by the Contractor.
This shall also apply to those permits required to be obtained in the name
of the Owner.
21. The Contractor shall note that Insurance requirements are stated in
the Insurance Rider attached hereto and made part of this contract.
22. The Contractor shall direct his field xxxxxxx to submit complete Daily
Reports covering his work on a daily basis. These reports shall include
the names of Contractor's personnel on the jobsite, description of work
engaged In, major equipment deliveries, accidents, visitors to the site,
subcontractor manpower information, overtime, and any other information
requested by the Construction Manager.
23. The Owner reserves the right to prohibit Contractor his Subcontractor,
suppliers, etc. from using the Site, the Project name or their affiliation
with Owner, for publicity or advertisement of any kind whatsoever.
24.There shall be no extensions of time permitted or extras or costs in
any manner paid by the Owner or Construction Manager for walk-up time that
may be incurred as a result of lilt or vertical transportation breakdown.
The Contractor and its employees must continue to work and walk to the
place of the work,
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
TRADE: STRUCTURAL STEEL/METAL DECK
A. GENERAL CONDITIONS - continued
if necessary, during any lift or vertical breakdown1 it being
acknowledged that such breakdowns occur from time to time on all construction
sites.
25. A Certificate of Capital Improvement has been issued for this
project. Contractor hereby acknowledges that the Contract amount stated
herein, has been based on the appropriate rules and regulations as it
pertains to Sales Tax requirements.
28. Manufacturers, suppliers, vendors, Contractors, or subcontractors
are required to comply with the OSHA Hazard Communication Standard 29
CFR 1910.1200 and 29 CFR 1926.59 and supply TISHMAN with the appropriate
Material Safety Data Sheet, including updates, at the time of Initial
shipment of the hazardous material to the project.
27. The Contractor is aware of Site Safety Plan required by the Building
Department, and of the requirements of said Plan and shall comply fully
with said Plan and cooperate with Site Safety Manager. He shall include
all costs associated with Site Safety Program by supplying all necessary
protection, flagman, etc.
B. SPECIAL CONDITIONS
1. Contractor understands that this Contract will be subject to the
requirements of Executive Order No.50 (April 25,1980) as amended by
Executive Orders 94 (June 20,1986) and 108 (December 29,1986) and the
Industrial and Commercial Incentive Program (I.C.I.P.), and that he must
comply with all of the rules and regulations of said Executive Orders
and the I.C.I.P. as described in the documents to be attached to and
made part of the contract documents.
This Contract is dependent upon Contractor being approved by the
Division of Labor Services (DLS) in accordance with the I.C.I.P. and
Executive Order No.50 and Executive Orders No.94 and No.108.
Contractor is to submit all paperwork as required by I.C.I.P. and the
Executive Orders No.50, No.94 and No.108 on a weekly basis. Payment will
not be made until all paperwork is submitted correctly.
2. The Contractor is aware of the requirements of the Department of
Transportation Bureau of Traffic regulations regarding restricted
vehicle lengths and times of operation in the geographical area in which
the project Is situated. The Contractor agrees that there shall be no
additional costs to the Owner as a result of these restrictions.
3. For purposes of complying with the requirements of the Building Code
of the City of New York, which calls for a Certificate of On-Site
Inspection, the Contractor shall furnish to the Construction Manager
information on the position of cranes, derricks, guy lines, etc., along
with pertinent loads from the operation of such equipment certified as
to accuracy and location by a Professional Engineer licensed to practice
in the State of New York. engaged by the Contractor. The Contractor is
aware of the structural capacities of areas to be used for its'
equipment and material storage and shall not exceed rated capacities
without taking appropriate steps to compensate for the imposition of any
construction loads which may exceed the design criteria of the new and
existing structure or the capacity of the existing roadways, sidewalks
and curbs. Any modification, temporary or permanent, to the building
structure required to support the Contractor's equipment including
foundations for tower cranes shall be made by the Contractor and
reviewed by the Engineer of Record. The Contractor shall furnish, place
and remove any temporary bracing required to stabilize the existing and
new structure due solely to his work. All costs associated with the
above requirements are included in the Contract Price.
4. All of the Contractor's work, both shop and field, shall be tested
and inspected by a testing agency in accordance with the
Specifications. Such testing agency shall be selected by the
Construction Manager and all compensation for the testing agency shall
be borne by the Construction Manager. The Contractor shall cooperate
fully with the personnel of such testing agency and the Contractor
shall provide at no additional cost to the Construction Manager,
manpower, drawings, facilities, scaffolds, properly calibrated torque
wrenches, etc., to reasonably assist the testing agency personnel in
their execution of their testing and inspection of welding, high
strength bolts, etc., in shop or on site. It shall be the
responsibility of this Contractor to notify the Construction Manager
prior to commencement of the Contractor's work. The Contractor shall
not perform any work unless such testing agency personnel are present,
and said testing agency personnel shall not impede this Contractor's
work.
5. The Contractor agrees that at the conclusion of his operations at
the project site, he will remove his hoisting equipment by lowering
such equipment down the side of the building, including hoist engines.
The Construction Manager will not allow openings to remain in the upper
floors to permit lowering of such equipment within the confines of the
building.
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON NA. OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
TRADE: STRUCTURAL STEEL/METAL DECK
B.SPECIAL CONDITIONS - continued
6.The Contractor shall place his hoisting equipment in locations approved
by Construction Manager. Any separate hoist engines shall be relocated
not more than once as the project progresses if required by the
Construction Manager so as to avoid Interference with work of other
Contractors.
7.Contractor Is aware that his work is being performed adjacent to
existing buildings and shall take all necessary steps to avoid damage to
the existing construction and surrounding buildings and streets. Any
damage caused by Contractor is to be repaired by Contractor at no
additional cost to Owner.
8.This Contractor shall cooperate, as directed by the Construction
Manager1 with other Contractors that shall be commencing operations on
the site prior to this Contractor's completion and demobilization. These
other Contractor's Include, but are not limited to concrete, curtain
wall, utilities, foundation and elevator.
0.Xx material shall be stored outside of the construction fence without
Construction Manager's approval. Special precautions shall be taken to
provide adequate housekeeping of site Including but not limited to
sweeping of sidewalks and removal of debris, caused by contractors work,
from the adjoining streets daily, or more often if needed.
10. Should the Contractor propose any design changes that might save in
fabrication or erection time or costs, he shall submit his proposal,
drawings, calculations, etc., for approval by the Construction Manager
and Engineer of Record. This Contractor will assume all costs for
reimbursing the Engineer of Record. This Contractor will assume all
costs for reimbursing the engineer of Record for all fees incurred as a
result of said changes.
11. The Contractor will relocate power generations equipment as directed
by the Construction Manager to Insure orderly progress of the following trades.
12. The Contractor is aware of the attached Contract Form. Proposed
revisions to this Form will not be entertained without submission of a
written request with the Contractor's Bid Proposal.
13. Contractors logistics and delivery plans must be in conformance with
the Construction Manager's requirements as approved by their Mayor's
Traffic and Construction Coordination Council.
C. SCOPE OF WORK
Without restricting the generality of work which shall be performed within the
Contract Price, it is clearly understood and agreed that the Contractor shall
provide all material, labor, trucking, hoisting, engineering, scaffolding, power
hookups, protection, shop drawings, taxes, permits, layout, equipment,
supervision, insurance, etc., necessary for the furnishing and installation of
all specified and related work contained herein in accordance with the Contract
Drawings, Specifications, Addenda and Riders, all of which become part of this
Contract.
The Scope of Work shall Include, but not be limited to, all the work in the
following Specification Section(s), except such work as may be specifically
excluded In Paragraph "D" "WORK NOT IN CONTRACT".
Specification Section - 05120 - Structural Steel dated 3112196
- 05300 - Metal Decking dated 3112196
This Contractor shall be responsible for examining all of the Documents listed
on the "List of Drawings and Specifications" and all items related to this
Contractor's work, and called for In these Documents, shall be included in this
Contract.
In addition to the above Specifications, this Contractor's work will include,
but not be limited to the following items, clarifications and/or modifications:
STRUCTURAL STEEL
1. This Contractor shall furnish beam bearing plates, wall connection
plates, elevator tie down beams and 3 elevator hoist beams 8WF 40 and anchor
bolts, as shown in the Contract Documents, complete with setting plans and any
templates required for others to install.
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON NA. OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
TRADE: STRUCTURAL STEEL/METAL DECK
C. SCOPE OF WORK - continued
The Contractor understands and agrees that beam bearing plates and wall
plates and anchor bolts will be required at the site prior to his
beginning erection and will be set by the Foundation Contractor. This
Contractor Snail survey the location of all beam bearing plates and
anchor bolts sufficiently In advance of erection so that required
corrective work can be accomplished by others without delaying erection.
The Contractor shall also Immediately review the anchor bolt setting
plan prepared by others and advise the Construction Manager of any
discrepancy with the Contract Documents. These items will be shop
painted as specified.
2. The Contractor shall furnish and install all other items shown and
specified Including, but not limited to:
a. All shear stud connectors.
b. All steel members, connection material and reinforcement material
connected to steel. c. All deck supporting angles as shown and
required to support the deck around structural members.
d. Plate material for attachment of rebar to steel members. This
Contractor shall furnish and install female threaded rebar
couplers at all locations where rebar is shown welded to steel.
3.Contract includes the furnishing and Installation of perimeter safety
cable with turnbuckles as required in accordance with OSHA requirements
and per requirements of all other governmental agencies having
jurisdiction. Perimeter cables around each floor shall be broken up Into
segments as directed by the Construction Manager. Where no columns exist
such as at the roof, and Interior shafts, this Contractor will provide
supports for the cables. The maintenance of same is Included on working
floors only. Others will maintain after this Contractor has completed
his work on each floor. Removal of cables shall be by others. Alter
removal of cables, they shall become the properly of the Contractor if
he removes them from the project site when directed by the Construction
Manager.
4. The Contractor shall, as directed by the Construction Manager, omit
the erection of designated members and/or metal deck as necessary for
temporary holes, shafts, hoists, etc., for operations of other
Contractors. The members are to be stored In approved off-site locations
until the Construction Manager requires their installation. There shall
be no claims for additional costs for the installation of these omitted
members, if such installation takes place while the Contractor's main
equipment and manpower is still on the job site.
5. The Construction Manager shall furnish at no cost to the Contractor
facilities for hoisting of the Contractor's personnel to a level of not
more than ten (10) floors below the working level. The Construction
Manager accepts no responsibility for any costs the Contractor incurs
due to breakdowns of the personnel hoisting facilities.
6. Hoisting of stairs, elevator machinery and mechanical equipment, is
included as an allowance Contract Price and Schedule in accordance with the
following:
a. 34 for MEP of which 8-10 will be at roof level.
b. 6 for Elevator Contractor, plus elevator rail supports.
c. All metal stairs.
Allowance for this work is $70.000 unused portion will be credited back
to Owner.
7. This Contract Includes the furnishing of holes of a diameter not to
exceed the diameter of the holes for the Contractor's structural bolts,
for other trades, provided that Information for Location and quantity
of such holes is furnished to the Contractor prior to final approval of
the Contractor's shop drawings.
8. Included in Contract Price as an allowance, are the following
additional openings not currently required by the contract drawings and
specifications; unused portion will be credited back to Owner.
a. 50 penetrations up to 6"
b. 50 - 8" x 24" penetrations - reinforced.
Allowance for this work is $5,000.00 and $25,000.00 respectively.
9. Contractor will provide as part of the Contract Price both reinforced and
non-reinforced holes in the structural steel as shown in the Contract
Drawings and as itemized in C.8 above.
10. Steel erection will be performed by a mutually agreed upon steel
erector.
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
TRADE: STRUCTURAL STEEL/METAL DECK
C. SCOPE OF WORK - continued
11. This Contractor shall design, submit drawings for, furnish and install
any temporary connections, shoring and/or bracing, as required, to
accommodate any erection stresses or loads and/or provide lateral bracing as
necessary to resist displacements, during the erection process.
12. This Contractor shall furnish and Install the following elevator
steel connecting to steel, In addition to elevator items noted
elsewhere:
a. Elevator hoist beams, elevator separator beams.
b. Elevator rail support steel as required between floor levels
at all extra height floors, for all elevator rails.
13. The Structural Steel frame shall be erected true and plumb and
within the tolerances called for In the AISC Code of Standard Practice.
The Contractor will install all necessary guy wires and/or bracing for
plumbing the structural steel frame, maintaining such plumbness and
stabilizing the structural steel frame due to loads Imposed by the
Contractor's equipment. This Contractor shall position sleeves in the
work of the Metal Deck to protect said temporary guy wires and/or
bracing and permit their subsequent removal, after placing concrete. It
is agreed that such sleeves shall be of sufficient size for guy wires
and/or bracing only and shall not provide for accessories and
connections.
14. It is agreed by this Contractor that he will commence his work at the
jobsite prior to the full completion of the work of the Foundation
Contractor and will cooperate with the Construction Manager In every way,
In order that the work of the Foundation Contractor and all other
Contractors may be prosecuted efficiently in every way.
15. Shop painting of steel shall be as specified. All exposed steel shall
be galvanized as specified.
16. All dunnage steel and steel required for the support of water tanks,
cooling towers, window washer tracks and pedestals, etc., as Indicated.
17. There will be no ramp into the cellar and the perimeter foundation
walls will not be backfilled. This Contractor understands and agrees that
all erection out of the cellar will be accomplished by utilizing a mutually
agreed upon method with the Construction Manager, and can not be done from
the street. Should it be determined that the Contractor will place a crane
along the sidewalk and/or above the foundation walls he shall provide all
vault and/or foundation wall bracing, piers, piles, footings, bridging,
etc., to accommodate any platforms, crane loads, timber mats, etc., used
for his work with the costs for same included in the Contract Price.
This Contract includes the temporary shoring of all existing and new
concrete foundation walls if required for this Contractor's work.
18. Connections: The Contractor shall accept full responsibility for the
design of all connections as required to resist the loads and reactions
shown on the contract drawings and as specified, except for those
completely designed and detailed on the Contract Documents. The Contractor
shall certify that the detailing of all connections has been done under the
supervision of a Registered Professional Engineer whose name and
registration shall appear in the affidavit. Signed and sealed calculations
must be submitted to the Engineer of Record for review. Shop connections
not indicated on the Structural Drawings shall be prepared by fabricator
and submitted to the Engineer of Record for review. Where connections are
Indicated In the Structural Drawings, no deviation from the approved type
and method thereof shall be made without the approval of the Engineer.
19. Contractor to survey structure as erection is proceeding and submit
same to Construction Manager for each tier.
20. Also included In Contract price are the following:
a. 18 weeks of a master mechanic (50% of the time). ($30,000.00 Allowance)
b. Cost of a master mechanic, full time, during the climbing of xxxxxxx
and/or crane.
c. 15 tons of structural steel in addition to that shown on Contract
Drawings. Tonnage consists of approximately ten (10) added pieces including all
connections and added weight to structural members now shown on Contract
Drawings.
d. 100% Performance and Payment Bonds from a Surety listed In the current
federal register.
e. At "Magic Room", four (4) corner posts 20 feet high i plus four (4) ten
foot horizontal beams, not currently shown on Contract Drawings.
Unused portion of allowances will be credited back to Owner.
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON NA. OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
TRADE: STRUCTURAL STEEL/METAL DECK
C. SCOPE OF WORK - continued
METALDECK
1. It is agreed that this Contractor will schedule metal deck erection
In a manner that eliminates the use of wood safety planking. However.
this Contractor will Install planking over permanent shaft openings such
as elevators1 stairs, etc., until such time as cable protection can be
Installed by this Contractor. Should the nature of this project dictate
any other safety measures1 as required by any governmental agency having
jurisdiction or standard union requirements for this Contractor1s work
only, this Contractor will provide such safety measures without any
claims for additional cost.
2. This Contractor shall hoist, supply and erect the metal deck and
perform all other work required for a complete metal deck installation
ready for concrete. Layout for openings, closures, stops, etc., shall be
from axis lines provided by this Contractor at each floor. It Is
understood that all metal deck shall be COMPOSITE NON-CELLULAR metal
deck. Deck system shall be in accordance with New York City BSA
Requirements, supplied without hangar tabs, as specified. This shall
include but not be limited to the following:
a. Furnish. install and weld all metal deck in accordance with the Contract
Documents. Deck shall be field cut, as required.
b. Temporarily secure all material when placed and/or stored on all floors.
c. Omit areas required for temporary construction openings or access and
cover over such areas when directed, at no additional cost to the Construction
Manager.
d. Furnish and install all closures and stops, including toe guards and
reinforcing material for openings in metal deck. Such items will be properly
secured and correctly located so as not to Interfere 'with the work of other
trades. Coping of such items around inserts, anchors, columns, at skewed beams
and girders, etc., as required for this Contractor's installation is included in
the Contract Price.
3. Furnish and install reinforcing material and accessories to
accommodate all unframed Metal Deck openings shown in the Structural Drawings.
Reinforcement for additional openings shall be provided according t
the Unit Price in Rider "C".
4. Contract includes the delivery of the metal deck and accessories to
the jobsite, properly packed, for this Contractor's Installation.
Contractor shall closely coordinate packaging and delivery of deck with
steel erection, to achieve completely installed and welded decks (ready
for concrete) immediately following the installation of Structural Steel
Members.
5. Contractor guarantees that all deck furnished under this Contract
shall not be altered in any way that would affect the fire rating
provided by the type and thickness of spray fireproofing and reinforced
concrete indicated. Should the deck deviate from the Contract
Requirements and the combination of deck, concrete and spray
fireproofing no longer complies with the New York City Building Code,
this Contractor shall pay all costs involved in affecting remedial
measures. Contractor shall furnish metal deck which will not have any
deleterious matter, such as excessive oil, dust, etc., that will
adversely affect the adhesion of the spray on fireproofing or the
concrete to be placed on the deck.
6. The Contractor shall furnish, and install closure strips at all
locations requiring such closures to allow the complete 'installation
of deck ready for concrete. The Contractor shall furnish, deliver and
Install closure angles at the perimeter of the building, and at all
interior openings as required. Such closures strips and closure angles
shall function as concrete forms and be sufficiently rigid to
adequately support men, material and equipment prior to and during the
placing of concrete without additional reinforcement. Such closure
strips and closure angles shall not deform during placing of concrete
and shall also be sufficiently tight to prevent leakage of concrete.
Edge stops at the perimeter shall be made high enough to provide a toe
guard after concrete has been poured in accordance with the
requirements of OSHA or other governmental agencies having
jurisdiction. On floors where additional thickness of concrete is
required as shown on Contract Drawings such closure angles shall be
supplied to suit additional thickness and provide for toe guard above
the concrete at exterior perimeter where required, only. Erection of
these items shall be coordinated so as to ensure said requirements.
7. This Contractor shall engineer all decking in a manner which
minimizes the need for field cutting of the deck. The metal deck shall
be fabricated so that longitudinal cutting, and cutting at butt joints,
will not he required to achieve installation. In areas requiring the
deck to be skew cut, the Contractor will provide the deck in varying
lengths to minimize field cutting and handling of deck.
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK, NEW YORK
TRADE: STRUCTURAL STEEL/METAL DECK
C. SCOPE OF WORK - continued
8. This Contractor shell provide layout drawings for the Installation of
the metal deck, shear studs and accessories.
9. The Contractor shall submit calculations demonstrating the ability of
the metal deck to carry the design loads within the stress, deflection
and span limitations specified. Shoring of deck will not he permitted
unless specifically noted in the Structural Drawings.
10. The Contractor agrees that the deck can function as planking for
other trades. It is understood, however, that any material storage end
buggy traffic will be on runs furnished by others end supported over
structural members.
11. Closure plates end cell closures included throughout building at all
areas as shown and detailed except at Sections 1 end 2 of Drawing 5601
which will have supports furnished by Others however, cell closures
shall be furnished at Sections 1 & 2 of S~01'.
D. WORK NOT IN CONTRACT
1.Touch-up and field paint
2. Miscellaneous iron.
3.Anchors, sleeves, bolts and inserts for other trades.
4.Mullions and supports at "Magic Room".
5.Rebar couplers.
6. Welding of reinforcing steel to structural members.
7.Sheave beams.
8. Setting and grouting of beams bearing plates and setting of anchors
bolts and wall connection plates.
9. Grouting of column base plates.
10. Filling of beam pockets with masonry or grout.
11. Protection of roofs of adjacent buildings.
E. TIME OF PERFORMANCE
This Contractor shall immediately expedite the submission of shop drawings and
ordering of materials and equipment so that work of this Contract shall be
Installed in sufficient time to comply with the Project Construction Schedule.
This Contractor agrees that the following specific scheduling intervals shall be
maintained by him and coordinated 'with other trades provided that the work of
others has advanced sufficiently to permit the sequencing as called for:
1. Work under this Contract shall commence Immediately upon receipt of
instructions from the Construction Manager and shall proceed when and
where directed, with sufficient labor and material, to allow the entire
Project to be completed in accordance with the Project Construction
Schedule. The work under this Contract shall be coordinated with the
work of other trades in order not to delay the progress of the job. The
Contractor shall follow all interim schedules that may be issued by the
Construction Manager as the job conditions require.
2. A schedule for all drawings, schedules, literature, samples,
certifications, etc., as required by the Specifications shall be
completed and submitted for approval within two (2) weeks of Contract
award.
3. All sample submissions required by the Specifications shall he
submitted at the same time as submission of the schedule and literature
indicating such material.
4. Shop drawings shall be submitted in a uniform flow as drawings for
each area of the building are completed, and not accumulated for a
single submission.
RIDER "A"
GENERAL ADDENDUM
LOUIS VUITTON N.A. OFFICE XXXXX
XXXX 00XX XXXXXX
XXX XXXX, XXX XXXX
TRADE: STRUCTURAL STEELIMETAL DECK
E. TIME OF PERFORMANCE - continued
5. The Contractor understands that work of this trade may not be
continuous and that he may be required to work out of sequence at the
direction of the Construction Manager. There shall be no charges for
"comeback time" or out of sequence work.
6. The Contractor shall be prepared to commence his work during the 3rd
quarter of 1996 or as directed by Construction Manager provided that the
work of others has advanced sufficiently to permit such a start and
shall be capable of completing his work by February 28, 1997, including
removal of all hoisting equipment and cleanup.
7. The following milestones shall apply to the performance of this
Contractor's work:
a. Start of steel erection in field August 16. 1996.
b. Substantial completion of field work by February 14. 1997.
RIDER "B"
UST OF DRAWINGS AND SPECIFICATIONS
LOUIS VUITTON NA. OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
May 9,1996
Drawing No. Description Date
ARCHITECTURAL DRAWINGS
Cover Sheet 4/26/96
A0.01 Drawing List 4/26/96
A0.02 General Notes 4/26/96
A0.03 Information Sheet 4/26/96
A2.01 Floor Plans - Sub-cellar and Cellar Plan (Levels 0-00) 4/26/96
A2.02 Floor Plans - Xxxxx 0-0 0/00/00
X0.00 Xxxxx Xxxxx - Xxxxx 3-4 4/26/96
A2.04 Floor Plans - Xxxxx 0-0 0/00/00
X0.00 Xxxxx Xxxxx - Xxxxx 7-8 4/26/96
A2.06 Floor Plans - Xxxxx 0-00 0/00/00
X0.00 Xxxxx Xxxxx - Xxxxx 00-00 4/26/96
A2.08 Floor Plans - Xxxxx 00-00 0/00/00
X0.00 Xxxxx Xxxxx - Xxxxx 00-00 4/26/96
A2.10 Floor Plans - Xxxxx 00-00 0/00/00
X0.00 Xxxxx Xxxxx - Xxxxx 00-00 4/26/96
A2.12 Floor Plans - Xxxxx 00-00 0/00/00
X0.00 Xxxxx Xxxxx - Xxxxx 00-00X 4/26/96
A2.14 Floor Plans - Roof & Geometric Layout 4/26/96
A3.01 Building Elevation - South & West 4/26/96
A3.02 Building Elevation - North & East 4/26/96
A3.03 Void
A3.04 Building Section 4/26/96
A3.05 Building Sections 4/26/96
A3.06 Building Section 4/26/96
A3.21 Wall Sections 4/26/96
A3.22 Wall Sections 4/26/96
A3.23 Wall Sections 4/26/96
A3.24 Wall Sections 4/26/96
A3.25 Wall Sections 4/26/96
A3.26 Wall Sections 4/26/96
A4.01 Enlarged Stair Plans 4/26/96
A4.02 Enlarged Stair Plans 4/26/96
A4.03 Enlarged Stair Plans 4/26/96
A4.04 Enlarged Stair Plans 4/26/96
A4.05 Enlarged Stair Plans 4/26/96
A4.06 Enlarged Stair Plans 4/26/96
A4.07 Enlarged Stair Plans 4/26/96
A4.08 Enlarged Stair Plans 4/26/96
A4.21 Enlarged Stair Sections 4/26/96
A4.22 Enlarged Stair Sections 4/26/96
A4.23 Enlarged Stair Sections 4/26/96
A4.31 Stair Details 4/26/96
A4.32 Stair Details 4/26/96
A4.33 Stair Details 4/26/96
A5.01 Interior Elevations 4/26/96
A5.02 Interior Elevations 4/26/96
A5.03 Interior Elevations 4/26/96
A6.02 Reflected Ceiling Plans Level 1 4/26/96
A6.12 Reflected Ceiling Plans Xxxxx 00 4/26/96
A6.13 Reflected Ceiling Plans Xxxxx 00X 4/26/96
A7.01 South Elevation/Glass Types/Ceramic Frit Pattern Types 4/26/96
A7.02 East Elevation/Glass Types/Ceramic Frit Pattern Types 4/26/96
A7.03 North Elevation/Glass Types/Ceramic Frit Pattern Types 4/26/96
A7.04 West Elevation/Glass Types/Ceramic Frit Pattern Types 4/26/96
A7.04A Partial Elevation Ceramic Frit Pattern "A" 4/26/96
A7.05 Plan/Section/Elevation @ Southwest Corner Floors 3-9 4/26/96
A7.06 Plan/Section/Elevation @ South Facade 4/26/96
A7.07 Plan/Section/Elevation @ Southeast Corner Floor 4 4/26/96
2 of6
RIDER "B"
LIST OF DRAWINGS AND SPECIFICATIONS
LOUIS VUITTON N.A. OFFICE TOWER
EAST 57TH STREET
NEW YORK, NEW YORK
Drawing No. Description Date
ARCHITECTURAL DRAWINGS - continued
A7.08 Plan/Section/Elevation @ Southwest Xxxxx Floors 11-22 4/26/96
A7.09 Plan/Section/Elevation @ Southeast Corner Floors 11-22 4/26/96
A7.10 Plan/Section/Elevation @ East Facade Floors 17-22 4/26/96
A7.11 Plan/Section/Elevation @ West Facade Floors 19-22 4/26/96
A7.11A Plan/Section/Elevation @ West Facade Floors 1~23 4/26/96
A7.12 Plan/Section/Elevation @ Southeast Corner Floor 4 4/26/96
A7.13 Plan/Section/Elevation @ South Facade Floor 23 4/26/96
A7.14 Plan @ Feature Element - Floor 10 4/26/96
A7.15 Section/Elevation @ Feature Element - Floor 10 4/26/96
A7.16 Plan/Section/Elevation @ West Facade - Floor 11 4/26/96
A7.17 Plan @ Southwest Corner Floor 23 4/26/96
A7.19 Typical Details 4/26/96
A7.19A Typical Details - Alternate 4/26/96
A7.20 Plan Details 4/26/96
A8.01 Roof Details 4/26/96
A8.02 Roof Details 4/26/96
AB.03 Roof Details 4/26/96
A8.04 Roof Details 4/26/96
A8.05 Roof Details 4/26/96
A8.11 Masonry Details 4/26/96
A8.12 Exterior Wall Plan Details 4/26/96
A8.13 Exterior Wall Plan Details 4/26/96
A8.31 Wall Section Details 4/26/96
A6.51 Louver/Window Details 4/26/96
A9.01 Interior Partition Types 4/26/96
A9.11 Interior Plan Details 4/26/96
STRUCTURAL DRAWINGS
S-001 General Notes 1 4/26/96
S-002 General Notes 2 4/26/96
S-101 Foundation Plan (Sub Cellar) & Cellar Floor Framing Plan 4/26/96
S-102 Xxxxx 0 & 0 Xxxxx Xxxxxxx Xxxxx 0/00/00
X-000 Xxxxx 0 & 0 Xxxxx Xxxxxxx Xxxxx 0/00/00
X-000 Xxxxx 5 & 6 Floor Framing Plans 4/26/96
S-105 Xxxxx 0 xxxx 0 & Xxxxx 00 Xxxxxxx Xxxxx 4/26/96
S-106 Xxxxx 00 & 00 Xxxxx Xxxxxxx Xxxxx 0/00/00
X-000 Xxxxx 00 & 00 Xxxxx Xxxxxxx Xxxxx 0/00/00
X-000 Xxxxx 00 & 00 Xxxxx Xxxxxxx plans 4/26/96
S-109 Xxxxx 00 & 00 Xxxxx Xxxxxxx Xxxxx 0/00/00
X-000 Xxxxx 00 & 00 Xxxxx Xxxxxxx plans 4/26/96
X-000 Xxxxx 00 & 00 Xxxxx Framing Plans 4/26/96
X-000 Xxxxx 00 & 00X Xxxxxxxxx Xxxxx Framing Plans 4/26/96
S-113 Roof Framing Plan 4/26/96
S-201 Column Schedule 4/26/96
S-202 Column Details 1 4/26/96
S-203 Column Details 2 4/26/96
S-301 N-S Wind Frame Elevations & Schedules 3/12/96
S-302 E-W Wind Frame Elevations 4/26/96
S-303 E-W Wind Frame Schedules 3/15/96
S-304 Wind Frame Details 1 3/15/96
S-401 Typical Foundation Section & Details 1 3/12/96
S-402 Typical Foundation Section & Details 2 4/26/96
S-403 Foundation Sections & Details 3 4/26/96
S-404 Foundation Sections & Details 4 3/15/96
S-405 Foundation Sections & Details 5 3/15/96
S-406 Foundation Sections & Details 6 3/15/96
S-501 Typical Sections & Details 1 3/12/96
RIDER "B" May 9,1996
LIST OF DRAWINGS AND SPECIFICATIONS
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK, NEW YORK
Drawing No. Description Date
STRUCTURAL DRAWINGS - continued
S-502 Typical Sections & Details 2 4/26/96
S-503 Typical Sections & Details 3 4/26/96
S-601 Superstructure Sections & Details 1 4/26/96
S-602 Superstructure Sections & Details 2 4/26/96
S-603 Superstructure Sections & Details 3 4/26/96
S-604 Superstructure Sections & Details 4 4/26/96
S-605 Superstructure Sections & Details 5 4/26/96
S-606 Superstructure Sections & Details 6 4/26/96
S-103A Xxxxx 0 & 0 Xxxxx Xxxxxxx Xxxxx - Xxxxxxxxx Xx.0 3/12/96
S-104A Xxxxx 0 & 0 Xxxxx Xxxxxxx Xxxxx - Xxxxxxxxx Xx.0 3/12/96
S-105A Xxxxx 0 xxxx 0 & 00 Xxxxx Xxxxxxx Xxxxx - Xxxxxxxxx No.1 3/12/96
S-106A Level ii & 12 Floor Framing Plans - Alternate No.1 3/12/96
S-107A Xxxxx 00 & 00 Xxxxx Xxxxxxx Xxxxx - Xxxxxxxxx Xx.0 3/12/96
S-108A Xxxxx 00 & 00 Xxxxx Xxxxxxx Xxxxx - Xxxxxxxxx Xx.0 3/12/96
MECHANICAL DRAWINGS
M-1.01 Symbols List and Notes 3/12/96
M-1.02 General Notes 4/26/96
M-2.01 Sub-Cellar and Cellar HVAC Floor Plans 4/26/96
M-2.02 HVAC Floor Plans Xxxxx 0-0 0/00/00
X-0.00 XXXX Xxxxx Xxxxx Xxxxx 00 4/26/96
M-2.04 HVAC Floor Plans Level 56 4/26/96
M-2.05 HVAC Floor Plans Level 7-8 4/26/96
M-2.06 HVAC Floor Plans Xxxxx 0-00 0/00/00
X-0.00 XXXX Xxxxx Xxxxx Xxxxx 00-00 4/26/96
M-2.08 HVAC Floor Plans Xxxxx 00-00 4/26/96
M-2.09 HVAC Floor Plans Xxxxx 00-00 0/00/00
X-0.00 XXXX Xxxxx Xxxxx Xxxxx 00-00 4/26/96
M-2.11 HVAC Floor Plans Xxxxx 00-00 0/00/00
X-0.00 XXXX Xxxxx Xxxxx Xxxxx 00-00 4/26/96
M-2.13 HVAC Floor Plans Level 2~23A 4/26/96
M-2.14 Roof Level 4/26/96
M-3.01 Typical Floor Core Plan & Section 4/26/96
M-3.02 3rd Floor MER Part Plan 4/26/96
M-3.03 Xxxxx 00 Sections 4/26/96
M-3.04 Cellar Part Plan 4/26/96
M-3.05 HVAC Level 2 MER Part Plan 4/26/96
M-4.01 Hot Water Riser Diagram 4/26/96
M-4.02 Condenser Water and Fuel Riser Diagrams 4/26/96
M-4.03 Air Riser Diagrams 4/26/96
M-4.04 Steam Service layout Detail 4/26/96
M-5.01 HVAC Equipment Schedules Sheet #1 4/26/96
M-5.02 HVAC Equipment Schedules Sheet #2 4/26/96
M-5.03 HVAC Equipment Schedules Sheet #3 4/26/96
M-5.04 HVAC Equipment Schedules Sheet #4 4/26/96
M-6.01 HVAC Details Sheet #1 3/13/96
M-6.02 HVAC Details Sheet #2 3/13/96
M-6.03 HVAC Details Sheet #3 3/13/96
M-6.04 HVAC Details Sheet #4 3/13/96
M-6.05 HVAC Details Sheet #5 3/13/96
M-6.06 HVAC Details Sheet #6 3/13/96
M-6.07 HVAC Details Sheet #7 3/13/96
M-6.08 HVAC Details Sheet #8 4/26/96
RIDER "B" May 9,1996
LIST OF DRAWINGS AND SPECIFICATIONS
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK, NEW YORK
Drawing No. Description Date
ELECTRICAL DRAWINGS
E-1.1 Symbol List, General Notes and Schedules 4/26/96
E-2.1 Sub-Cellar and Cellar Floor Plans - Lighting and Power 4/26/96
E-2.2 Level 1 and 2 Floor Plans - Lighting and Power 4/26/96
E-2.3 Level 3 and 4 Floor Plans - Lighting and Power 4/26/96
E-2.4 Level 5 and 6 Floor Plans - Lighting and Power 4/26/96
E-2.5 Level 7 and 8 Floor Plans - Lighting and Power 4/26/96
E-2.6 Level 9 and 10 floor Plans - Lighting and Power 4/26/96
E.2.7 Xxxxx 00 and 12 Floor Plans - Lighting and Power 4/26/96
E-2.8 Xxxxx 00 and 14 Floor Plans - Lighting and Power 4/26/96
E-2.9 Xxxxx 00 and 16 Floor Plans - Lighting and Power 4/26/96
E-2.1O Xxxxx 00 and 18 Floor Plans - Lighting and Power 4/26/96
E-2.11 Xxxxx 00 and 20 Floor Plans - Lighting and Power 4/26/96
E-2.12 Xxxxx 00 and 22 Floor Plans - Lighting and Power 4/26/96
E-2.13 Xxxxx 00 xxx 00X Xxxxx Xxxxx - Xxxxxxxx and Power 4/26/96
E-2.14 Xxxxx 00 and 23A Floor Plans - Power 4/26/96
E-2.15 Roof level floor Plan - Lighting and Power 4/26/96
E-2.16 Xxxxx 00 to Roof Stair Lighting Layout 4/26/96
E-3.1 Switchboard Room Part Plan 4/26/96
E-3.2 Electric Typical MER Plan 4/26/96
E-4.1 Light and Power Riser Diagram 4/26/96
E-4.2 Single Line Diagram 4/26/96
E-4.3 Telephone/Comm/Datam - Riser Diagram 3/13/96
E-5.1 Distribution Panel Schedules 4/26/96
E-5.2 Panel Schedules 4/26/96
E-5.3 Panel Schedules 4/26/96
E-5.4 Panel Schedules 4/26/96
E-6.1 Facade Lighting - South Elevation 4/26/96
E-6.2 Facade Lighting Details 3/13/96
E-6.3 Facade Lighting Dimming - Single Line Diagram 4/26/96
E-6.4 Lobby Fixture and Control Detail 3/13/96
FA-1.1 Fire Alarm Symbols List and General Notes 4/26/96
FA-2.1 Sub-Cellar and Cellar Fire Alarm Plans 3/13/96
FA-2.2 Level I and 2 Fire Alarm Plans 4/26/96
FA-2.3 Xxxxx 0 and Typical Fire Alarm Plans 4/26/96
FA-2.4 Xxxxx 00 and 22 Fire Alarm Plans 4/26/96
FA-2.5 Xxxxx 00 and 23A Fire Alarm Plans 3/13/96
FA-2.6 Roof Level Fire Alarm Plan 3/13/96
FA-4.1 Fire Alarm System Riser Diagram 4/26/96
PLUMBING DRAWINGS
P-1.0 Site Plan, Symbol List and Notes 4/26/96
P-2.01 Plumbing Plans Sub-Cellar and Cellar 5/09/96
P-2.02 Plumbing Plans Level 1-2 4/26/96
P-2.03 Plumbing Plans Xxxxx 0 & Xxxxxxx Xxxxx 0/00/00
X-0.00 Xxxxxxxx Xxxxx Xxxxx 00-00 4/26/96
P-2.08 Typical Plumbing Plans Xxxxx 00-00 4/26/96
P-2.12 Plumbing Plans Xxxxx 00-00 4/26/96
P-2.13 Plumbing Plans Xxxxx 00-00X 4/26/96
P-2.14 Plumbing Plan Roof Level 4/26/96
P-3.01 Plumbing Plan Level 2-20 Typical Toilet Room 4/26/96
P-3.02 Plumbing Part Plan Level 1 RPZ Assembly Detail 4/26/96
P-4.01 Sanitary and Storm Drainage Riser Diagrams 4/26/96
P-4.02 Fire Standpipe Riser Diagrams 5/09/96
P-4.03 Water Riser Diagram 5/09/96
RIDER "B" May 9,1996
LIST OF DRAWINGS AND SPECIFICATIONS
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK, NEW YORK
Drawing No. Description Date
PLUMBING DRAWINGS - continued
P-6.01 Plumbing Details 3/13/96
P-6.02 Plumbing Details 3/13/96
P-6.03 Plumbing Details 4/26/96
FIRE PROTECTION DRAWINGS
SP-1.0 Symbol List & Notes 3/13/96
SP-2.01 Sprinkler Plans Sub-Cellar & Cellar 4/26/96
SP-2.02 Sprinkler Plans Levels 1-2 4/26/96
SP-2.03 Sprinkler Plans Level 3 and Typical Level 4 through Xxxxx 0 0/00/00
XX-0.00 Xxxxxxxxx Xxxxx Xxxxxx 9-10 4/26/96
SP-2.07 Sprinkler Plans Levels 11-12 4/26/96
SP-2.08 Sprinkler Plans Levels 13-20 4/26/96
SP-2.12 Sprinkler Plans Levels 21-22 4/26/96
SP-2.13 Sprinkler Plans Levels 23-23A 4/26/96
SP-4.01 Sprinkler Riser Diagram 5/09/96
SP-6.01 Sprinkler Details 3/13/96
SPECIFICATIONS
01010 Summary of Work 12/18/95
01300 Submittals 12/18/95
01600 Product Requirements 12/18/95
01700 Construction Procedures 12/18/95
02220 Excavatlon1 Filling & Grading 12/18/95 03300 Concrete12/18/95
04200 Unit Masonry 03/12/96 (Pg. 5 4/26/96)
05120 Structural Steel 03/12/96
05300 Metal Deck 03/12/96
05500 Metal Fabrication 04/26/96
05510 Metal Stairs & Railings 01/24/96
07115 Self-Adhesive Sheet Waterproofing 03/12/96
07140 Metal Oxide Waterproofing 03/12/96
07160 Bituminous Dampproofing 03/12/96
07190 Vapor and Air Barriers 04/26/96
07250 Sprayed-on Fireproofing 03/12/96
07275 Firestopping 03/12/96
07411 Manufactured Metal Roof Panels 04/26/96
07530 Single Ply Membrane Roofing 01/24/96
07550 Protected Membrane Roofing 01/24/96
07570 Traffic Coating 04/26/96
07600 Flashing and Sheet Metal 03/12/96
07700 Roof Specialties and Accessories 03/12/96
07901 Exterior Joint Sealers 03/12/96
08801 Glazing For Punched Windows 03/12/96
08900 Curtain Walls 04/26/96
08923 Glazed Aluminum Punched Window System 04/26/96
09820 Cementitious Coatings 03/12/96
10200 Louvers and Vents 01/24/96
11010 Exterior Maintenance System 01/24/96
14200 Elevators 12/18/95
15010 General Provisions For Plumbing & Fire Protection Work 03/13/96
15050 Protection Work 04/26/96
15060 Piping and Fitting Materials 03/13/96
15070 Hangers. Supports, Anchors, Guides & Foundations 03/13/96
00000 Xxxxxx 03/13/96
15180 Insulation 03/13/96
15300 Fire Standpipe System 04/26/96
15310 Fire Suppression Systems 03/13/96
15440 Plumbing Fixtures 04/26/96
15453 Plumbing Pumps 03/13/96
15458 Domestic Water Heaters 04/26/96
RIDER "B"
LIST OF DRAWINGS AND SPECIFICATIONS
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
Drawing No. Description Date
SPECIFICATIONS - continued
15480 Domestic Water System 04/26/96
15490 Soil, Waste, Vent & Storm Water Systems 03/13/96
15501 General Provisions 03/13/96
15510 Pipes and Pipe Fittings 03/13/96
15515 Pipe Specialties 04/26/96
00000 Xxxxxx 03/13/96
15525 Steam Pressure Reducing Valve Stations 04/26/96
15526 Expansion and Compression Tanks 03/13/96
15530 Condensate Pumps & Receiver Sets 03/13/96
15540 Centrifugal Pumps 03/13/96
15547 Vibration Control 04/26/96
15549 Insulation 04/26/96
15632 Emergency Generator Support Systems 03/13/96
15683 Air Cooled Rooftop Self-Contained Package Unit 04/26/96
15665 Vertical Water Cooled Self-Contained Package Units 04/26/96
15666 Horizontal Water Cooled Self-Contained Package Units 04/26/96
15692 Cooling Towers 04/26/96
15718 Unit Heaters 03/13/96
15754 Fans 04/26/96
15755 Heat Exchangers 03/13/96
15760 Air Handling Units 03/13/96
15762 Acoustical Treatment 04/26/96
15790 Air Coils 03/13/96
15820 Automatic Temperature and System Control 04/26/96
15820A Automatic Temperature and System Control BMS
(Alternate Price) 04(26/96
15830 Heating Equipment 04/26/96
15853 Electric Heating Cable 03/13/96
15880 Sheet Metal Work 04/26/96
15885 Air Filters 03/13/96
15932 Grilles, Register and Diffusers 03/13/96
15970 Electric Motors, Motor Controls and Wiring Diagrams 03/13/96
15980 Thermometers and Gauges 03/13/96
15990 Testing, Adjusting and Balancing 03/13/96
15995 Painting 03/13/96
15997 Water Treatment and Chemical Cleaning Systems 04/26/96
16010 General Provisions For Electrical Work 03/13/96
16110 Raceways 03/13/96
16112 Surface Raceways 03/13/96
16120 Wire and Cable 03/13/96
16130 Boxes and Fittings 03/13/96
16140 Wiring Devices 03/13/96
16160 Cabinets and Enclosures 03/13/96
16195 Electrical Identification 03/13/96
16420 Service Entrance 03/13/96
16425 Main Switchboard and Service Switches 03/13/96
16435 Grounding 03/13/96
16440 Disconnects 03/13/96
16445 Emergency Distribution Switchboard 03/13/96
16465 Bus Duct 03/13/96
16470 Panelboards 03/13/96
16495 Automatic Transfer Switch 04/26/96
16500 Lighting Fixtures and Lamps 04/26/96
16620 Packaged Engine Generator System 04/26/96
16720 Automatic Fire Detection and Alarm 04/26/96
16742 Telephone 03/13/96
NOTE: The above list of documents contains all drawings and specifications
for the project. These documents are available for examination at the
Construction Manager's office. Contractor shall be responsible for information
contained within all of these documents.
RIDER "C"
ALTERNATES AND UNIT PRICES
LOUIS VUITTON NA. XXXXXX XXXXX
XXXX 00XX XXXXXX
XXX XXXX, XXX XXXX
March 25, 1996
TRADE: STRUCTURAL STEEL/METAL DECK
At the Owner's option In accordance with the article entitled "Changes and
Extras" of the Contract, the following Alternates end Unit Prices shall be
used for all additions and/or deletions to the Scope of Work and shall be
inclusive of furnishing and Installing of 911 material, labor, trucking,
overhead, profit, equipment, hoisting, engineering, scaffolding, power
hookups, protection, shop drawings, taxes, permits, appliances, delivery end
supervision end shell remain in effect until completion of the project. Items
covered by these prices shell be furnished in accordance with the
Specifications and in quantities and locations as directed by the Construction
Manager.
ALTERNATES
1. In the event the Contractor is not required to provide 100% Performance
and 100% Labor and Material Payment Bonds DEDUCT $57,750
UNIT PRICES
1. For addition or deletion of members similar to the average members of
the Base Contract, not Including metal deck
Grade 46 $2,300.00/ton
Grade 50 $2,400.00/ton
2. For increase or decrease in the weights of members that are part of the
Base Contract
Grade 46 $ 750.00/ton
Grade 50 $ 800.00/ton
3. For addition or deletion of A46 members weighing 200 lbs. $ 2800.00/ton
4. Hoisting of material for other trades per pick including crew $
1,800.00/ton
5. Web penetrations
unreinforced
(less than 6" diam.) Field $ 500.00/ea Shop $ 275.00/xx
x. Type "A" (4" x 8" Avg. or 8" diam.)
Reinforced Field $ 650.00/ea Shop $ 325.00/xx
x. Type "B"
(To 8" x 12" Avg.) Field $ 1,300.00/ea Shop $ 400.00/xx
x. Type "C"
(To 12" x 24") Field $ 1,400.00/ea Shop $ 500.00/xx
x. (To 14" x 40") Field $ 1,800.00/ea Shop $ 600.00/ea.
6. Add or Deduct metal deck (20 ga) $ 4.00 /sf
7. For addition or deletion of stud shear connectors including detailing
costs $ 3.00 /sf
FIRMNAME: US Bridge of N.Y.
RIDER MDN
INDUSTRIAL AND COMMERCIAL INCENTIVE PROGRAM
LOUIS VUITTON NA. XXXXXX XXXXX
XXXX 00XX XXXXXX
XXX XXXX, XXX XXXX
March 20, 1996
I. CONTRACT PROVISIONS
The Contractor in executing any contract benefiting from the I.C.I.P.
agrees that It:
1. Will not discriminate against any employee or applicant for employment
because of race, creed1 color1 national origin, sex, age, disability,
marital status, sexual orientation, or citizenship status with respect to
all employment decisions Including but not limited to recruitment. hiring.
upgrading, demotion, downgrading, transfer, training, rates of pay or
other forms of compensation, layoff, termination, and all other terms and
conditions of employment;
2. will not discriminate In the selection of Subcontractors on the basis
Of the Owner's , Partners' or Shareholders' race, creed, color, national
origin9 sex, age, disability', marital status, sexual orientation or
citizenship status;
3. will state In all solicitations or advertisements for employees placed
by or on behalf of the Contractor that all qualified applicants will
receive consideration for employment without regard to race, creed, color,
national, origin, sex, age, disability, marital status, sexual orientation
or citizenship status or is an equal employment opportunity employer;
4. will send to each labor organization or representative of workers with
which It has a collective bargaining agreement or other contract or
memorandum of understanding, written notification of its equal employment
opportunity commitments;
5. will not award subcontracts with a dollar value of $750,000 or more or
allow such subcontractors to commence work until he or she has submitted a
completed employment report to DLS and until DLS approves or fails to
respond within 15 business days of receipt of completed employment report;
6. will require any Subcontractor who, due to change orders, reach
$750,000 submit an employment report to DLS. If a Subcontractor does not
submit an employment report the applicant will be found in noncompliance
and the Department of Finance will be notified to impose sanctions;
7. will permit DLS access to the project site and to all books, records
and will file certified payroll records as required by DLS;
8. DLS has the right to suspend work on this project for a Contractors'
failure to allow DLS access to their workforce;
9. will not engage In moving employees from on-job-site to another in
order to create the appearance of compliance with applicable laws,
regulations or executive orders designed to ensure equal employment
opportunity;
10.will submit to the jurisdiction of DLS for the purposes of determining
compliance with these representations and will cooperate with DLS in
attempting to cure any instances of non-compliance with Article 22
regulations;
11.will terminate, suspend, or not award any subcontract entered into in
connection with the project described in I.C.I.P. applications with any
Subcontractor found by DLS to be in violation of any provision of these
representatives;
12.will Include or cause to be included in all contracts or subcontracts
for amounts In excess of $750,000 entered into In connection with this
project the following provision: In consideration for and as a condition
of this contract, the contractor or subcontractor agrees that during its
performance it: (this paragraph should be followed by paragraphs (1)
through (10) above}.
13. will employ trainees for training level jobs and participate in
on-the-job training programs which have been approved by DLS, in the event
that the construction work which it undertakes In connection with this
project should employ four or more lourney-level em~lovees in a particular
trade for at least four consecutive weeks, as such terms are defined by
the prevailing practice in the industry. The Contractor shall be
considered to employ four journey-level employees in a particular trade
whose aggregate works hours equal the number of hours that four lull-time
journey-level employees would have worked in a work week, as such terms
are defined by the prevailing practice in the industry for the particular
trade;
14.will make a good faith effort to achieve a ratio of at least one trainee
to four journey-level employees for each trade on the project. "Good faith
-------------------- efforts" shall mean:
a. documented efforts to secure trainees from training programs approved by
the DLS;
RIDER "D"
INDUSTRIAL AND COMMERCIAL INCENTIVE PROGRAM
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
I. CONTRACT PROVISIONS - continued
b. documented efforts through the New York State Department of
Employment, Training Assistance Plan Centers and community and CMI
rights groups to identify candidates for training positions and to
sponsor these persons for entrance into approved training programs; and
c. written notification to DLS In the event of an inability to secure
trainees pursuant to clauses (a) and (b) of this subparagraph, and
requesting DLS' assistance in securing trainees, Neither the provisions
of any collective bargaining agreement nor the refusal by a union with
whom the contractor has collective bargaining agreement to recognize
the validity of the training program shall excuse the contractor's
obligation to provide training pursuant to these regulations.
15.will attempt to provide continuous employment for trainees after
completion of the construction being undertaken in order to enable them to
complete their course of training.
16.will refer, recommend and sponsor, if union affiliated, any of its
trainees for union membership who can perform the duties of a qualified
journey-level employee or who have satisfactorily completed the training
program; and assure that such former trainees will receive journey-level
wage and free benefits, whether or not union membership is granted after
such referral, recommendation or sponsorship and that their employment
shall be continued if possible;
17.will supply DLS with such additional Information and reports as it may
require; permit OLS access to the project site and to its books, records
and accounts and otherwise cooperate with and submit to the jurisdiction
of DLS for the purpose of ensuring compliance with these provisions which
OLS may find;
18.will supply DLS with such additional information and reports as it may
require; permit DLS access to the project site and to its books, records
and accounts and otherwise cooperated with and submit to the jurisdiction
of OLS for the purpose of ensuring compliance with these provisions which
DLS may find;
19.will pay to the Department, in the event of its own or its contractor's
failure to provide training, where applicable, pursuant to the
regulations, to the required number of trainees for the required number of
weeks, and amount equal to the difference between the wages and fringe
benefits paid to the trainees and the wages and fringe benefits which
would have been paid to first term trainees under the prevailing wage
schedule In effect at the time the trainees would have been employed had
the number and duration of the positions been as required, unless the
Contractor or applicants or their successors, where applicable, can
demonstrate that it made a good faith effort to provide training and was
unsuccessful; in the event of a Contractor's failure to provide training,
where applicable, the applicant shall have the right to recover from
noncomplying contractor any amounts accessed against it under this
provision.
II. CONTRACTOR RESPONSIBILITIES
1. The Contractor shall treat all employees and applicants for employment
without unlawful discrimination as to race, creed, color, national origin,
sex, age, disability, marital status or sexual orientation in all
employment decisions including but not limited to recruitment, hiring,
compensation, training/apprenticeship, promotion, upgrading, demotion,
transfer, lay-off and termination and all other terms and conditions of
employment;
2. The Contractor shall develop and submit to the DLS for its approval a
written Equal Employment Opportunity Policy statement which explicitly
states the chief executive officer's commitment to equal employment
opportunity and assigns overall responsibility for implementation and
provides for reporting and monitoring procedures.
3. The Contractor shall disseminate its equal employment opportunity
policy internally as follows:
(a) Include the policy in employee and supervisor manuals, if any;
(b) publicize the policy and company achievements In equal employment
In company newspapers, magazines, annual reports, and other company
publications;
(c) discuss and explain the policy in training sessions and other
meetings with employees, executives, management, and supervisory
personnel, indicating individual responsibility for effective
implementation;
(d) meet with union officials to inform them of the policy, review
all contractual provisions to insure they are nondiscriminatory, and
bargain with respect to the inclusion of nondiscrimination clauses in
all union agreements; and
(e) post the policy on company bulletin boards.
RIDER "D" March 20, 1996
INDUSTRIAL AND COMMERCIAL INCENTIVE PROGRAM
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
II. CONTRACTOR RESPONSIBlLITIES - continued
4. The contractor shall disseminate its equal employment opportunity policy
externally as follows:
(a)inform all recruiting sources verbally and In writing of company policy,
stipulating that these sources actively recruit and refer members of all
protected groups for all protected groups for all positions;
(b)incorporate the equal employment opportunity policy into all purchase
orders, contracts, etc., covered by Article 22 regulations; and
(c)communicate the policy in all solicitations or advertisements for
employees placed by or behalf of the contractor.
5. An executive of the Contractor shall be appointed as director or manager
of the company's equal employment programs with sufficient resources to
carry out the responsibility. His or her identity should appear on all
internal and external communications on the company's equal employment
policy and programs. His or her responsibilities should Include:
(a)developing policy statements, equal employment programs, internal and
external communication techniques and programs;
(b)assisting in the identification of problem areas;
(c)assisting line management in arriving at solutions to problems;
(d)designing and implementing audit and reporting systems that will:
(1) measure effectiveness of the contractor's policy and implementing
programs including supervisors' and management's adherence to the equal
employment opportunity policy;
(2) indicate need for remedial action;
(3) determine the degree to which the Contractor's equal employment
objectives have been let;
(4) serve as liaison between the contractor and enforcement agencies;
(5) serve as liaison between the contractor and minority organizations,
women's organizations, advocate or~anizations for other protected groups and
community action groups concerned with equal employment opportunity.
(6) The Contractor shall make every effort to ensure that protected class
members (Blacks, Hispanics, Asians indigenous Native Americans and Women) are
employed consistent with their availability in NYC.
(7) The Contractor will ensure that all Subcontractors with a dollar value
of $750,000 or more will complete and forward an Employment Report to OLS for
approval BEFOR~ contract award or work commence~.
(8) The Contractor shall ensure the maintenance of weekly certified payroll
records for themselves as well as any subcontractor with a dollar value of
$750,000 or more.
(a) Certified payroll records must be maintained for all Contractors
employed on site. Contractors and Subcontractors required to comply with the
trainee provisions of Article 22 and will be required to submit certified
payrolls to DLS on a monthly basis. No work performed payrolls must be submitted
to cover all weeks when no work was performed between submission of the initial
payroll report and final payroll report. Certified payrolls must contain:
1. Name and address of contractor/subcontractor;
2. Federal ID Number;
3. Project name and location (print on payroll);
4. DLS project Number;
5. Contract Number (Block & Lot);
6. Payroll Number (1nitlal thru final);
7. Week ending date;
8. Name, address and social security number of employees;
9. Trade and classification code of employees; and
10. Sex, race/ethnic identification of employees (see attached codes).
RIDER "D"
INDUSTRIAL AND COMMERCIAL INCENTIVE PROGRAM
LOUIS VUITTON NA OFFICE TOWER
EAST 57TH STREET
NEW YORK. NEW YORK
II. CONTRACTOR RESPONSIBILITlES - continued
PAYROLL RECORDS THAT ARE SUBMITTED TO DLS THAT DO NOT CONTAIN ALL REQUIRED
INFORMATION WILL BE FORWARDED BACK TO THE CONTRACTOR1 SUBCONTRACTOR,
CONSTRUCTION MANAGER OR CONSULTANT AS INCOMPLETE.
Attachments needed:
1. Statement of compliance with an original signature:
2. Trainee Agreement or Trainee Profile for all trainees (send In with the
payrolls as the trainees show up on the job). Acceptable trainee
agreements or profiles are from the Bureau of Apprenticeship and
Training;
3. Apprentice Agreements (where applicable); and
4. List of supervisory employees (eg. nonworking foremen) with proper
documentation.
(a) If any work to be performed on this project is dangerous or
hazardous work to which apprentices or trainees cannot be
assigned1 the Contractor agrees to provide written documentation
of such work. Documentation shall include written confirmation by
the appropriate union that the apprentices or trainees may not be
assigned to such work due to its hazardous nature.
The Contractor further agrees to specify the journey
level workers performing such hazardous or dangerous work and the
hours in which they are directly engaged In such work upon
submission of each payroll record to DLS. The Contractor
understands that failure to provide this documentation prior to
DLS' payroll audit will result in a waiver of the Contractor's
right to exclude such work from DLS computations regarding the
number of trainee hours required.
LABOR AND MATERIAL
December 5, 1995
INSURANCE RIDER
PROJECT: Louis Vuitton NA Office
Tower East 57th Street
New York1 New York
TRADE: Structural Steel/Metal Deck
INSURANCE
Prior to commencement of any work under this Contract and until all obligations
under this contract are fulfilled, the Contractor and each and every
Subcontractor of the Contractor shall, at its sole expense1 maintain the
following Insurance on its own behalf, and furnish to the Owner and/or
Construction Manager, certificates of insurance evidencing same and reflecting
the effective date of such coverage as follows:
Theterm "Contractor" 'and/or "Subcontractor"' as used In
this Insurance rider, shall mean and Include
Contractors and Subcontractors of every tier.
A. Workers Compensation and Occupational Disease Insurance in accordance
with the applicable law or laws: Employer's Liability Insurance with
Limit of Liability of at least Five Hundred Thousand ($500,000)
Dollars.
The Contractor shall provide a copy of the "Employer's First Report of
Injury" or its equivalent to Tishman Construction Corporation of New
York, 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000, Attn: Insurance
Department, within thirty (30) days of any Injury or Illness to any
employee of the contractor arising out of, or alleged to have arisen
out of or during the course of work performed on this project.
B. Commercial General Liability with a combined Bodily Injury and
Property Damage limit of not less than TEN Million ($10,000,000.00)
Dollars per occurrence and In the aggregate. The aggregate must be
applicable on a per project basis. Coverage must include the
following perils: (The limit may be provided through a combination of
Primary and Umbrella/Excess Liability policies).
1. Contractual Liability for liability assumed under this Contract and all
other Contracts relative to the project.
2. Completed Operations/Products Liability with a two (2) year extension
beyond completion and acceptance of the project
3. Broad Form Property Damage
4. "XC&U" Perils, where applicable
5. Personal Injury Liability (A, B, & C)
6. Independent Contractors
7. Endorsement (CG2O1O or its equivalent) must be furnished reflecting the
inclusion of the interests of Starre Realty, 1896 Corp.; R.L.J. Associates, L.P.
.; AEZ Corporation; Louis Vuitton NA, Inc.; Groupe Xxxxxx V; Metropole Realty
Advisors, Inc.; NTX Interiors, Inc. and Tishman Construction Corporation of New
York, and their respective parent companies, corporations and/or partnerships
and their owned, controlled, affiliated, associated and subsidiary companies,
corporations, and/or partnerships and the respective agents, consultants,
principals. partners, servants, officers, stockholders, directors and employees
of each and all other Indemnitees named In the Contract as Additional insured:.
8. Coverage Is to be endorsed to reflect that the Insurance provided is to
be primary for the Contractor, Owner, Construction Manager and all other
Indemnitees named In the Contract.
9. Coverage is to be provided on an "occurrence" basis with carriers
licensed and admitted to do business in the State of New York or otherwise
acceptable to the Owner and Construction Manager.
10. A Copy of the policy and/or endorsement(s) and any other documents
required to verify such insurance are to be submitted with the appropriate
certificate(s), or upon the request of Tishman Construction Corporation of New
York.
C. Commercial Automobile Liability Insurance covering the use of all Owned,
Non-Owned, and Hired Vehicles with a combined Bodily Injury and Property Damage
Limit of at least One MillIon ($1,000,000) Dollars. Automobile Insurance must
include all additional insureds.
Vuitton NA
LABOR AND MATERIAL
December 5,1995
D. Where an Off Project Site Property exposure exists, the Contractor at its
sole expense shall furnish to the Owner and/or Construction Manager Certificates
of Insurance and other required documentation evidencing the following coverage
which shall provide for the Interests of Starre Realty, 1896 Corp.; R.LJ.
Associates, L.P.; AEZ Corporation; Louis Vuitton NA, Inc.; Groupe Xxxxxx V;
Metropole Realty Advisors, Inc.; NTX Interiors, Inc. and Tishman Construction
Corporation of New York to be named as Xxxx Payees and shall contain a provision
requiring the Insurance carriers to waive their rights of subrogation against
all Indemnitees named In the contract.
"All Risk" Property Insurance on all materials1 equipment and supplies intended
to become a permanent part of the construction stored on premises away from the
project site and while in transit, until actually delivered to the project site.
Coverage is to be provided a replacement cost basis. Contractor shall be
responsible for all deductibles.
E. The above Insurance shall each contain the following wording verbatim:
"Starre Realty, and Tishman Construction Corporation of New York are interested
in the maintenance of this insurance and It is agreed that this Insurance will
not be canceled1 materially changed or not renewed without at least a thirty
(30) day prior advance written notice to Louis Vuitton NA, Inc. 000 Xxxx 0xx
Xxxxxx, Xxx Xxxx, Xxx Xxxx Attn: Xxxxxxxx Xxxxxxxxx, Director and Tishman
Construction Corporation of New York, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx
00000, Attn: insurance Department, and Metropole Realty Advisors, Inc., 000
Xxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Xxxxxx Xxxxxx, by
certified mall - return receipt requested."
F. The amount of insurance contained In aforementioned Insurance coverages,
shall not be construed to be a limitation of the liability on the part of the
Contractor or any of their Subcontractors.
G. The Contractor shall file certificates of insurance prior to the commencement
of work and/or payment with the Owner and/or Construction Manager which shall be
subject to the Owner and Construction Manager's approval of adequacy of
protection and the satisfactory character of the Insurer.
In the event of failure of the Contractor to furnish and maintain said insurance
and to furnish satisfactory evidence thereof. the Center and/or Construction
Manager shall have the right (but not the obligation) to take out and maintain
the same for all parties on behalf of the Contractor who agrees to furnish all
necessary information thereof and to pay the cost thereof to the Owner and/or
Construction Manager immediately upon presentation of a xxxx.
H. Prior to commencement of any work under this Contract and until completion
and final acceptance of the work, the Owner at its sole expense will provide and
maintain the following insurance for itself, Contractors and Subcontractors
performing work or services In connection with the project.
"All Risk" Property Insurance on the project and all materials, equipment and
supplies located at the project site which are to become a permanent pert of the
construction, while awaiting erection and until completion of erection. Coverage
is provided on a replacement cost basis.
NOTE: In addition to the standard policy exclusions:
1. No coverage is provided for Temporary Structures and Contractor's Tools and
Equipment
2. No coverage is provided for losses resulting from Flood and
Earthquake.
3. No coverage is provided for any material, equipment, or supplies located away
from or in transit to the project site. 4. All covered losses are subject to a
$(10.000.O0) deductible which shall be the responsibility of the contractor,
where applicable.
I. Any type of insurance or any Increase of limits of liability not described
above which the Contractor requires for its own protection or on account of
statute shall be its own responsibility and at its own expense.
J. The carrying of the insurance described shall in no way be interpreted as
relieving the Contractor of any responsibility of liability under this Contract.
K. Any policies effected by the Contractor on their Owned and/or Rented
Equipment and Materials shall contain a provision requiring the insurance
carriers to waive their rights of subrogation of Starre Realty, 1896 Corp.;
R.LJ. Associates, LP.; AEZ Corporation; Louis Vuitton NA, Inc.; Groupe Xxxxxx V;
Metropole Realty Advisors, Inc.; NTX Interiors, Inc. and Tishman Construction
Corporation of New York and all other indemnitees named in the Contract.
L. Should the Contractor engage a Subcontractor, the same conditions will apply
under this contract to each Subcontractor, however, the Subcontractor shall be
required to maintain limits of liability of not less than One Million
($1,000,000) Dollars per occurrence and In the aggregate, with said limits
applicable on a per project basis, or such greater limits as may be required by
the Contractor.
