ARTICLE 1
THE CONTRACT DOCUNTENTS
1.1
The following documents shall constitute integral parts of this Agreement
(this "Agreement"), the whole collectively to be known and referred to as "the
Contract":
(a) This document;
(b) The Contract Documents including the following:
Exhibit "A" Bid Proposal and Form, including the General Conditions and
Requirements
Exhibit "B" Bid Modifications, including the Project General Conditions and
Requirements
Exhibit "C" List of applicable Contract Drawings. Plans and Specifications
Exhibit "D" Schedule of Values
Exhibit "E" Unit Price Schedule
Exhibit "F" Job Schedule (actual)
Exhibit "G" General Terms of Insurance and Certificate of Insurance (actual)
Exhibit "H" "How to Get Paid" memo
Exhibit "I" W-9 Tax Identification Number Form
Exhibit "J" Cost Break Down by Trades Schedule [lender optional]
Exhibit "K" Assignment of Project Documents [lender optional]
Exhibit "L" Contractor's Consent Form [lender optional]
Exhibit "M" Tax Exempt Certificate [if applicable]
Exhibit 'N" Construction Payment Request Form
Exhibit "0" The Commitment Memorandum
Exhibit "P" Scope of Work-Form
Exhibit "Q" The Precontract Memorandum
Exhibit "R" Notice to Proceed
(c) All Addenda;
(d) All Supplementary Agreements to the Contract.
(e)Civil and Architectural Drawings, Plans and Specifications issued by the
Architect dated May22, 1996, per Exhibit C
(f) Structural Drawings, Plans and Specifications dated June 5, 1996 per
Exhibit C
Any discrepancy or claimed ambiguity between or among the substantive terms
of this document and any other Contract Document shall be controlled by giving
priority to such documents in the following order, the first having the highest
priority:
(a) This Document;
(b) The Commitment Memorandum (Exhibit 0)
(c) The General Conditions and Requirements; and
(d) The Specifications and Drawings.
PRIME CONTRACT BETWEEN EKLECCO AND CONTRACTOR
CONTRACT#PC-38
This AGREEMENT is (illegible) effective as of the 17th day of June. 1996
(the "Effective Date"), between (the "Contractor") and the Owner ("EklecCo").
The Project is: Palisades Center
Scope of Work: Erection of Structural Steel
The Contractor is: US Bridge of New York, Inc.
00-00 00xx Xxxxx
Xxxxxx, XX 00000
Phone (000) 000-0000
Fax (000) 000-0000
Contractor's Authorized Agent: Xxxxxx or Xxxxxx Xxxxxx
Contract's Authorized Attorney:
EklecCo's Authorized Agent: Xxxxxx X. Xxxxxxx, ("Agent")
EklecCo's Authorized Attorney: Xxxx Xxxxxxxx Associates, LLP
0 Xxxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxx XX 00000
(000) 000-0000 Telephone
(000) 000-0000 Fax
The Architect is: Dal Pos Architects
0 Xxxxxxx Xxxxxx
Xxxxxxxx XX 00000
(000) 000-0000
The Site Engineer is: O'Brien & Xxxx Engineers
000 Xxxxxxxxxxxx Xxxxxxx
Xxxx Xxxxxxxx XX 00000
(000) 000-0000
The Mechanical Engineer is: Xxxxxx & Woese Inc.
0000 Xxxxxxxxxx Xxxxxxx
Xxxx Xxxxxxxx XX 00000
(000) 000-0000
Structural Engineer is: Xxxxxxx Xxxxx & Associates
0000 Xxxxxxxxxxx Xxxx
Xxxxxxxxxxx XX 00000
(000) 000-0000
EklecCo and Contractor agree as set forth in the following pages.
ARTICLE 2
THE WORK; TERMINATION OF THE WORK
2.1
In consideration of the payments to be made by EklecCo as provided in
Article 6 below. Contractor agrees, at its own sole cost and expense, to furnish
and perform, without exception, all the labor, services and management and to
furnish and install all the materials, plant and equipment necessary to complete
in good, substantial, workmanlike, warranted and approved manner the Work,
described by the Contract Documents, as well as all other work incidental or
related thereto reasonably necessary for a complete and acceptable Scope of Work
for this Project (the "Work") within the time specified and in accordance with
the terms, conditions and provisions of the Contract:
Contractor has been informed by EklecCo and acknowledges that it is
Contractor's sole and independent responsibility to obtain all necessary
information and documents to bid the Contract. Contractor has satisfied itself,
without limitation, that to submit a complete, knowing, binding, LUMP SUM BID,
its bid has been based on all inquiry and documents it deems necessary and
appropriate, and it will in all respects comply in its Work with all local,
town, county, state and federal health, environmental, zoning, building,
plumbing, electrical, sanitary, safety or other codes, ordinances, rules,
regulations, laws or requirements, and that without exception or condition,
Contractor shall be bound by the LUN~ SUNI CONTRACT PRICE (Article 6), except as
specifically set forth in the Contract or a Supplementary Agreement. However,
nothing in this section 2.1 shall impose on Contractor responsibilities relating
to obtaining Site Plan approval.
2.2
The Work including and without limitation is that included in Bid Proposal
and Form and Contract Requirements, the General Conditions and Requirements, the
Contract and Exhibit "P"
2.2.1.
Contractor shall perform its Work to the satisfaction of EklecCo.
Contractor shall abide by all orders, directions and requirements of EklecCo or
EklecCo's Agent. EklecCo or Agent shall be entitled to: interpret the Contract
and any Supplementary Agreement: will, in its commercial reasonable judgment,
decide all questions in connection with the Work; and may reasonably modify
portions of the Work and the Specifications to meet unforeseen conditions or
circumstances arising during the course of the Work. EklecCo, in its
commercially reasonable judgment, will determine the quality and acceptability
of all parts of the Contractor's Work.
(a) Contractor warrants that all Work, phasing and timing of Work, and all
materials, equipment and appliances are to be as specified in the Contract, and
all Work is warranted and guaranteed to be performed in a workmanlike manner,
acceptable to EklecCo. EklecCo and its agents, architects and engineers shall be
the judge of the quality and acceptability of materials and all aspects of the
Work.
(b) EklecCo or Agent may from time to time issue additional instructions to
Contractor as may be necessary to amplify, augment, modify or clarify the
Contract or the Contract Documents. These instructions may be in the form of
drawings, specifications, interpretations and orders, and will be in connection
with a Supplementary Agreement, unless in connection with a Supplementary
Agreement, such additional instructions shall not be at additional cost to
EklecCo.
(c) The issuance by EklecCo of any payment for any Work prior to Final
Completion, or prior to Final Acceptance and Final Payment by Lender, or, where
applicable, Tenant, shall not preclude EklecCo, Agent, Lender or Tenant, as
applicable, from questioning the acceptability, quality or validity of
Contractor's Work, and shall not constitute a bar or waiver of any rights or
require payment therefor, where it appears to EklecCo Agent, Lender or Tenant,
as applicable, that the Work or materials are inadequate, defective or
insufficient in any manner.
2.2.2
In the event the materials or Work are unacceptable prior to the time any
payment is due, upon receipt of written notice from EklecCo. Contractor shall
have three (3) days to correct the defects at its own expense, and any payment
then due under the Contract shall become due as part of the next regular pay
request period or within 45 days of the completion date of the correction. In
the event the defect cannot be cured within three (3) days, Contractor shall
nevertheless commence substantial work toward the cure within three (3) days and
provide EklecCo with a written schedule thereafter for completion and prosecute
and complete all work necessary to correct the defect(s) with all necessary and
possible speed and diligence.
2.2.3
In the event that defects in the materials or Work are discovered after
paying Contractor any sum due, and within 365 days of the date of completion and
final acceptance of the Work, then, upon receipt of written notice from EklecCo.
Contractor shall have ten (10) days to correct the defects at its own expense.
If Contractor fails, in the sole judgment of EklecCo, to so correct
satisfactorily, within the time specified, EklecCo shall have the right to cure
the defects, and Contractor shall reimburse EklecCo for any and all costs
incurred therein, as described in section 2.2.4 below. In the event the defect
cannot be cured within ten (10) days. Contractor shall nevertheless commence
substantial work toward the cure within ten (10) days and issue to EklecCo a
written schedule for completion and thereafter prosecute and complete all work
necessary to correct the defect(s) with all necessary and possible speed and
diligence.
2.2.4
If, in the sole judgment of EklecCo, Contractor at any time fails to
satisfactorily correct the defects within the time specified in section 2.2.3
above, EklecCo shall have, in addition to any right provided by law, each of the
following rights:
(a) Correct the defects or cause another Contractor to correct the defects,
and deduct all of the costs therefor from the amount owed Contractor, and, in
addition, collect from Contractor any cost of correction of the defects in
excess of the amount owed the Contractor, including any premium associated with
a supplemental contract,
(b) Accept the Work and issue a credit to EklecCo for the defective or
deficient quality, against the Contract amount then or to become due, and
(c) In the event of Contractor's delay, default or failure timely to
correct a defect in the Work or materials, Contractor acknowledges there will be
unascertainable costs associated with the delay in addition to other
ascertainable costs. If the Work is not satisfactorily performed within the time
specified in the Contract, or within any time extension granted by EklecCo,
Contractor shall pay to EklecCo, in order to compensate EklecCo solely for
unascertainable costs caused by such delay, the sum of $1,000 per day as settled
and liquidated damages for such portion of the damages caused by such
nonperformance. Such payment shall be in addition to and in no event shall
relieve Contractor from liability for those damages and costs which can be
ascertained and for any other direct and consequential damages resulting from
any reasons other than delay, or as specified in the Contract.
2.3
Contractor shall protect its Work until Final Completion and Final
Acceptance of the Work by EklecCo, and Contractor shall make good or replace at
no expense to EklecCo any damage to its Work from whatever cause which may occur
prior to Final Acceptance by EklecCo, except Force Majeure (see section 2.8
below) or as covered by applicable Builder's Risk Insurance.
2.3.1.
The issuance by EklecCo of any payment for any Work prior to Final
Completion, or Final Acceptance and Final Payment by EklecCo, or, where
applicable, Lender or Tenant, shall not preclude EklecCo, Agent, Lender or
Tenant from questioning the acceptability, quality or validity of Contractor's
Work, and shall not constitute a bar or waiver of any rights, or require payment
therefor, where it appears to EklecCo, Lender or Tenant that the Work or
materials are inadequate, defective or insufficient m any manner
2.4.1
Upon 72 hours Notice to Contractor, and without prejudice to any other
rights or remedies EklecCo may have by law or under the Contract, EklecCo may
terminate Contractor's right to proceed with its Work or a portion thereof in
the event of any of the following:
(a) If in EklecCo's commercially reasonable judgment, Contractor refuses or
fails to timely or adequately supply a sufficiency of properly skilled workmen,
or equipment, or materials of the proper quality, or to perform any of its
obligations hereunder with sufficient diligence to insure completion of the Work
within the time specified: or
(b) If Contractor shall fail to obey: any local, state or federal laws,
rules, regulations, permits, ordinances; or the directions from, through or as a
result of any quality control or other inspectors for the project; or reasonable
and material orders from EklecCo; or fail to obtain necessary or required
licenses or permits; otherwise substantially violate any provision of the
Contract; or
(c) If Contractor becomes insolvent, adjudicated bankrupt or shall tile a
petition for voluntary bankruptcy, reorganization or other relief pursuant to
Federal bankruptcy laws, or makes an assignment for the benefit of creditors. In
this regard, Contractor shall he required, upon EklecCo's request and at any
time, to provide EklecCo with reasonable documentation as to its financial
condition; or
(d) If a receiver or liquidator shall be appointed for Contractor or any of
its property and shall not be dismissed within twenty (20) days after such
appointment, or the proceedings in connection therewith shall not be stayed upon
appeal within the said twenty (20) days: or
(e) If EklecCo becomes dissatisfied for just cause with the manner in which
Contractor is prosecuting the Work; or
(f)If Contractor's Work shows negligent acts or omissions or intentional or
reckless disregard for EklecCo's rights or the best interests of the Project; or
(g) Upon termination of EklecCo's right to proceed for reasons outside
EklecCo's control, a material change in the financial circumstances of the
Project after the commencement date of this Contract, or as provided elsewhere
in this Agreement.
2.4.2
Upon Contractor's receipt of Notice of Termination of Contractor's right to
proceed with the Work, EklecCo shall be entitled to enter upon the Site and to
have the Work completed in such manner as EklecCo in its sole and absolute
discretion may determine.
Contractor agrees to assign and deliver to EklecCo all material and
material orders related to the Project.
2.4.3
If EklecCo terminates Contractor's right to proceed with the Work for any
reason, Contractor shall not be entitled to receive any further payment, except
as provided in section 2.4.4 below.
CONTRACTOR'S SURETY MUST BE NOTIFIED BY CONTRACTOR OF THE
FOLLOWING SECTION 2.4.4:
2.4.4
Upon terminating the Work or Contractor's notice to proceed, if the unpaid
balance otherwise due and payable to Contractor exceeds the costs of completing
the Work (the "Completion Costs") as provided in this section 2.4.4 , including,
without limitation, the costs of additional inspection, architectural or
engineering services, premiums on supplemental contracts, an allowance of
eighteen percent (10%) for EklecCo's supervision and overhead, plus attorneys'
fees and costs and any damage for delays, such excess shall he paid to the
Contractor. If the Completion Costs exceed the unpaid balance, the Contractor
and its Surety shall he liable to EklecCo for the excess and shall reimburse
EklecCo for such excess within twenty (20) days following written Notice. For
the purpose of this calculation, in NO event shall the unpaid balance due
Contractor at any time, including upon a termination for ANY reason; (I) exceed
the quantum meruit value of the work performed by Contractor; (ii) be calculated
by reference to a contract schedule of values; or (iii) exceed the Lump Sum
Contract Price, when taken together with all of EklecCo's Completion Costs for
the Work, Upon termination of Contractor's right to proceed for any reason
within section 2.4.1 (g) of this Agreement, Contractor shall be entitled to
reasonable demobilization costs, but shall be entitled to any lost profits,
consequential loss, lost opportunity costs, or any other costs or damages of a
like or similar nature.
2.4.5
As a condition of any payment or account reconciliation under this Article,
Contractor must provide all applicable backup and executed Waiver of Lien Forms
in a form acceptable to EklecCo, from each of Contractor's subcontractors, and
their vendors and material suppliers.
2.5
Contractor agrees to cooperate fully with EklecCo, and, as applicable,
Lender and Tenant, and other contractors, subcontractors, trades, utilities and
governmental authorities and agents in the faithful and timely completion of the
Project. This section 2.5 shall be included in all Contracts between Contractor
and its subcontractors, and between EklecCo and all other contractors at the
Project.
2.6
Contractor agrees that it included in its Lump Sum Contract Price for the
Work under the Contract ANY potential additional work due to the fact that it
does not have an exclusive Site for the Work, that the Project may in whole or
in part be "fast tracked" or performed under adverse weather, coordination or
site or off-site conditions. Contractor agrees it will make no claim for
additional costs for those reasons or because of interferences of any trades,
other contractors, utility work or similar interferences, or the necessity or
desirability of or delays occasioned by coordination issues, delay in
deliveries, by opening certain portions of the Project to traffic, delivery of
materials, installation of utilities and roads, or partial or full occupancy
before the entire Work is completed.
2.7
Contractor shall cooperate with other contractors, subcontractors and
trades employed at the Project including in the cleanup of the Project site.
2.7.1
Contractor agrees that if it is awarded this Scope of Work, it will meet,
as soon as practicable, with all other contractors which will he on site during
the duration of Contractor's Work, and agrees to resolve all inter-contractor
conflicts and coordination problems. EklecCo's Agent shall be available to
moderate such disputes only after contractors have been unable to resolve any
such dispute without Agent's intervention within a time deemed reasonable by
Agent, then the Contractor agrees that EklecCo shall have the authority to
determine the resolution of the dispute and effect enforcement of such
resolution through all lawful means, including the imposition of Back Charges to
a Contract.
2.7.2
Contractor will be solely responsible for maintaining a clean working area
at all times and for properly trucking all material off the job Site daily (see
Article 3, section O of the General Conditions and Requirements). For this
Project, Contractor is required to utilize Xxxxxx Sanitation for all waste
hauling from the site.
2.8
Contractor shall not be liable for, charged with or assessed any damages if
Contractor is delayed in the progress of the Work by any act or occurrence
beyond Contractor's reasonable control, including, but not limited to, any act
of God, or the public enemy, unforeseeable acts of any municipality, local,
state or federal agencies or other public bodies or governmental agencies or
departments, insurrection, fire not of Contractor's cause, restrictions or
freight embargoes ("Force Majeure"). In the event Contractor is delayed by
reason of any of the foregoing, then the time for completion of the Work shall
be extended for such reasonably comparable period as to take into consideration
all such delays by a "no cost" schedule Change Order. Contractor shall give
EklecCo reasonably prompt, but in no event later than 72 hours Notice, of the
occurrence of any such delay and the details as to the delay's anticipated
duration and effect upon the completion date or adjusted completion date for the
Work, failure to provide such Notice shall act as and constitute a WAIVER by
Contractor of any claim for time extension under this section 2.8.
2.9
It shall be part of Contractor's Work to comply with all laws, rules,
ordinances, orders and directions as provided in this Contract, and to provide
all documentation required of Contractor by this Contract or otherwise
reasonably required by EklecCo pursuant to this Contract.
2.9.1
As part of its Work, and included in its Lump Sum Contract Price provided
in Article below, Contractor shall keep all documents and backup, perform all
reporting, and make all payments of, necessary for and in compliance with, all
state, local and federal laws and regulations pertaining to wages and benefits,
including, but not limited to any contractual agreements affecting the Project
concerning prevailing or other wages and benefits and any agreement(s) with one
or more trades pertaining to the Project.
2.10
The Parties acknowledge that EklecCo is responsible to provide inspection
and testing services for the Project, and, as applicable, for the Work, except,
in the event the Contractor fails to properly notify the Inspection Services of
the need or timing for any testing, or Contractor fails to meet performance or
other Contract standards, and/or Contractor is required to rectify unacceptable
Work which causes additional Inspection Services or expenses, or delay in the
Work of another contractor or trade, Contractor shall he responsible and pay for
any and all additional Inspection, Testing and related fees and expenses.
ARTICLE 3
COMPLETION OF THE WORK
3.1
TIME IS OF TIE ESSENCE OF THE CONTRACT. Contractor proceeds with the Work
at its own risk and expense unless the Work is commenced pursuant to a Notice to
Proceed. The Work to be performed under the Contract shall he commenced no later
than June 17, 1996 and completed no later than (See Exhibit "F') subject to
authorized modifications or extensions. Contractor understands and agrees that
the completion date and duration, not commencement date control Contractor's
obligations as to the timing of the Work. Substantial and Final completion shall
he determined according to Article 8 of this Agreement and Article 6B of the
General Conditions and Requirements.
ARTICLE 4
MODIFICATIONS OF THE WORK
4.1
Modification of the Work shall be pursuant to a written Change Order or
Settlement Agreement authorized and executed by Agent, or a Backcharge,
collectively or individually, each hereafter referred to as a "Supplementary
Agreement".
4.2
Any change, alteration, adjustment or deviation (a "Modification") from or
of the Contract shall be made only upon written Supplementary Agreement,
approved by EklecCo, and may, therefore, become an add, deduct or equal no
change to the amount of the Work and/or the Lump Sum Contract Price due, as set
forth in Article 6 of this Agreement.
4.2.1
EklecCo may make Modifications in the Work as provided in the Contract
Documents. The Contractor shall he reimbursed only for material Modifications in
the Work resulting in a Change Order or Settlement Agreement, then, only as
authorized by EklecCo, in advance, by an executed Change Order or Settlement
Agreement, and then, payment shall be due only after the subject Work is
completed. Payment to Contractor on Change Orders shall be pursuant to Article 7
below.
4.2.2
For Modifications authorized by Change Order, the cost of the Change Order
shall be determined by EklecCo in its reasonable commercially judgment, in one
of the following ways:
(a) Unit prices or hourly rates previously approved; or
(b) An agreed lump sum price; or
(c) A negotiated price set forth in a Change Order; or
(d) Cost of Materials, Equipment and Labor plus a Fee.
4.2.3
The Contractor's Fee on any Change Order shall be:
(a) For work performed by the Contractor's own forces (that is workers on
the Contractor's direct payroll): ten percent (10%).
(b) For work performed by a Sub-contractor's forces: five percent (5%).
4.3
No Modification of the Work shall be effective unless first approved by
EklecCo or as required by the Construction Lender unless it interferes with the
progress of the project.
4.4
If Contractor fails to comply with section 2.10 or section 4~5 of this
Contract, then Contractor shall pay for all costs and expenses of the Inspection
and Testing service, or other trade that is affected by Contractors failure to
comply. In the event Contractor disputes the imposition of any such cost or
exposure, EklecCo reserves the right to resolve such dispute as provided in
section 2.7.1 of this Contract.
4.5
Contractor has been given one or more of a schedule to complete its Scope
of Work. which is annexed as Exhibit 'F" to this Contract, outlining start and
completion dates and duration periods for each scope. In any circumstance in
which the start date of the schedule remains unaffected, Contractor shall have
no right to additional fees, costs or expenses relating to schedule change. In
the event of a schedule change which effects the duration, total hours on site
or end date of the schedule, Contractor may request a Change Order pursuant to
section 4.2.1 above, provided, that the change is due in whole or in part to the
acts, omissions, or conduct of another contractor or trade, and then, the remedy
for any such claim for additional compensation shall either be monetarily paid
for by the trade or other trade that is responsible for such delay, or will be a
change in the schedule at EklecCo's discretion.
ARTICLE 5
CONTRACTORS REPRESENTATIONS, WARRANTY AND GUARANTEE
5.1
(a) CONTRACTOR REPRESENTS AND WARRANTS ITS WORK AS FREE FROM DEFECTS IN
MATERIALS AND WORKMANSHIP AND FIT FOR THE PURPOSES FOR WHICH IT IS INTENDED OR
FORESEEABLY MAY BE USED. CONTRACTOR GUARANTEES ALL OF ITS WORK AGAINST DEFECTS
IN MATERIALS OR WORKMANSHIP FOR THE RESPECTIVE PERIODS STATED IN THE CONTRACT
DOCUMENTS, BUT NOT LESS THAN A PERIOD OF TWELVE (12) MONTHS FOLLOWING THE DATE
OF FINAL ACCEPTANCE OF SUCH WORK BY EKLECCO. CONTRACTOR SHALL EXECUTE A SEPARATE
WRITTEN GUARANTEE IF REQUESTED BY EKLECCO.
(b) UNDER THE GUARANTEE OF THIS ARTICLE 5, CONTRACTOR SHALL MAKE GOOD, AT
ITS OWN EXPENSE AND WITHOUT DELAY, ANY DEFECTS OR FAILURE OF ANY PART OF THE
WORK DUE TO POOR OR FAULTY WORKMANSHIP, MATERIALS, MANUFACTURE OR INSTALLATION,
OR DUE TO THE FAILURE OF ANY EQUIPMENT OR MATERIALS TO SATISFACTORILY PERFORM AS
REQUIRED BY THE CONTRACT, THE SPECIFICATIONS OR THIS REPRESENTATION,WARRANTY AND
GUARANTY. CONTRACTOR SHALL ALSO, AT ITS OWN EXPENSE, MAKE GOOD ANY DIRECT OR
CONSEQUENTIAL DAMAGE TO EKLECCO OR ANY PART OF THE PROJECT CAUSED BY SUCH
FAILURE.
WITH RESPECT TO LATENT DEFECTS, CONTRACTOR AGREES THAT ANY LATENT DEFECT IN
MATERIAL OR WORKMANSHIIP WHICH IS IDENTIFIED WITHIN TWENTY-FOUR (24) MONTHS
FOLLOWING THE DATE OF FINAL ACCEPTANCE OF THE WORK AND PAYMENT OF THE FINAL
RETENTION AMOUNTS ("GUARANTY PERIOD") SHALL BE CORRECTED AT THE CONTRACTOR'S
EXPENSE WITHIN SIXTY (60) DAYS FOLLOWING NOTICE; PROVIDED, HOWEVER THAT IF THE
DEFECT OR REQUIRED CORRECTION ADVERSELY AFFECTS THE OPERATION OF THE PROJECT OR
THE CONTINUATION OF ANY WORK, THE CORRECTION SHALL TAKE PLACE IMMEDIATELY. ANY
WORK REPLACED OR REBUILT DURING THE ABOVE MENTIONED GUARANTY PERIOD SHALL BE
SIMILARLY GUARANTEED FOR A TWELVE (12) MONTH PERIOD STARTING FROM THE DATE OF
ACCEPTANCE OF THE REPAIR, RECONSTRUCTION OR REPLACEMENT.
5.2
(a) WITHOUT LIMITING THE EFFECT OF OTHER WARRANTIES OR REPRESENTATIONS.
EXPRESSED OR IMPLIED, RELATING TO THE CONTRACT, CONTRACTOR WARRANTS AND
REPRESENTS THAT THE CONTRACTOR CAREFULLY HAS EXAMINED ALL THE CONTRACT
DOCUMENTS, THE SITE OF THE PROJECT AND IS FAMILIAR WITH ALL ASPECTS OF THE SITE
AND PROJECT AS THEY RELATE TO THE WORK HEREIN SPECIFIED. THE SCHEDULE OF WORK
AND THE ACTUAL OR POTENTIAL WEATHER, SITE, SITE SUPERVISION, CONTROL AND
COORDINATION, PROJECT, SCHEDULE AND CONTRACTOR PROBLEMS THAT MAY ADVERSELY
AFFECT THE CONTRACTOR'S WORK, ITS SCHEDULE AND THE PROFITABILITY OF ITS BID, AND
THAT NONETHELESS, CONTRACTOR HAS BID AND CONTRACTED THE WORK AS SET FORTH ON A
LUMP SUM BASIS AND ACTED IN ACCORDANCE WITH THAT KNOWLEDGE, UNDERSTANDING AND
EXAMINATION. AND HAS MADE A PART OF THE CONTRACT ANY L[MITATIONS TO THE CONTRACT
OR CONTRACTOR'S WORK ARISING FROM SUCH EXAMINAT'ION. CONTRACTOR UNDERSTANDS THAT
EKLECCO HAS RELIED ON CONTRACTOR'S COMPLIANCE WITH THIS SECTION 5.2 IN AWARDING
THE CONTRACT.
(b) CONTRACTOR FURTHER WARRANTS THAT CONTRACTOR IS FINANCIALLY SOLVENT.
EXPERIENCED IN THE WORK, EXPERIENCED IN THE SIZE AND MAGNITUDE OF THE WORK,
CAPABLE OF PERFORMING "FAST TRACK" PROJECTS AND COMPETENT TO PERFORM THE WORK IN
ACCORDANCE WITH THE REQUIREMENTS OF THE CONTRACT AND THE SCHEDULE SET FORTH IN
THE CONTRACT DOCUMENTS.
(c) DURING THE PERFORMANCE OF ITS WORK, CONTRACTOR WILL AT ALL TIMES COMPLY
WITH. AND WILL NOT VIOLATE ANY APPLICABLE FEDERAL, STATE, COUNTY, OR LOCAL
STATUTES, LAWS, ORDERS, REGULATIONS. RULES, ORDINANCES, CODES, LICENSES AND
PERMITS OF ANY COURT, AGENCY OR GOVERNMENTAL AUTHORITIES, INCLUDING, WITHOUT
LIMITATION, THOSE RELATING TO ENVIRONMENTAL MATTERS, INCLUDING WITHOUT
LIMITATION, (I) THE CLEAN AIR ACT, THE FEDERAL WATER POLLUTION CONTROL ACT OF
1972, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ("RCRA" ), 42 U.S.C.
SECTION 69 ET SEQ. THE COMPREHENSIVE ENVIRONNNTAL RESPONSE, COMPENSATION AND
LIABILITY ACT OF 1980 (AND ANY AMENDMENTS OR EXTENSIONS THEREOF)("CERCLA"), 42
U.S.C. SECTION 9601 ET SEQ.. THE TOXIC SUBSTANCES CONTROL ACT ("TSCA"). THE
HAZARDOUS MATERIALS TRANSPORTATION ACT, AS AMENDED (49 U.S.C. SECTION 1801 ET
SEQ.), THE RESOURCE CONSERVATION LAW AND ANY AMENDMENTS OR EXTENSIONS TO ANY
SUCH STATUTES, LAWS, ORDERS, REGULATIONS, RULES, ORDINANCES, CODES. LICENSES AND
PERMITS, AND (II) ALL OTHER APPLICABLE ENVIRONMENTAL REQUIREMENTS.
5.3
CONTRACTOR SHALL NOT TERMINATE ANY SUBCONTRACT FOR THE PROJECT HAVING A
CONTRACT OR WORK WITH A VALUE OVER ONE HUNDRED THOUSAND DOLLARS ($100,000),
WITHOUT THE PRIOR W'RIT'TEN APPROVAL OF EKLECCO AND, AS APPLICABLE, ITS TENANT
AND CONSTRUCTION LENDER.
5.4 CONTRACTOR HAS TAKEN ALL STEPS NECESSARY TO LAWEULLY AUTHORIZE THE
EXECUTION OF THIS CONTRACT, AND THAT THIS IS A LAWEULLY BINDING AGREEMENT WHICH
DOES NOT VIOLATE ANY OTHER AGREEMENT TO WHICH CONTRACTOR OR ITS PRINCIPALS ARE A
PARTY OR ARE BOUND.
ARTICLE 6
THE LUMP SUM CONTRACT PRICE
6.1
(a) EklecCo agrees to pay and Contractor agrees to accept the total. lump
sum consideration of Eight Million Two Hundred Thousand Dollars $8,200,000
(00/100) (the "Lump Sum Contract Price"), as full and sole compensation for
completion of the Work, installation of all materials, use of all equipment and
performance of all obligations under the Contract. The Lump Sum Contract Price
includes Contractor's calculation of and representation that Sales Tax is in the
amount of $38,000.00. Nothing contained in this sections 6.1 shall in any way
relieve Contractor from paying an amount of Sales Tax greater than that stated
in this section, or in otherwise complying with the terms of section 6.1(a) and
6.1(b) below. By executing this Contract, EklecCo has not accepted any
responsibility for paying Sales Tax, nor has EklecCo ratified or adopted
Contractor's calculation of Sales Tax in the event that the Sales Tax actually
due is greater.
(b) In arriving at and agreeing to the Lump Sum Contract Price, Contractor
has taken into consideration all of the requirements of this Contract, including
section 2.6 above, and all costs and expenses incurred and all loss or damages
which may be sustained by reason of delay and the elements, whether arising out
of the place, adverse weather, general conditions or the nature of the Work,
including the existence of other contractors on the job. or for or by reason of
any unforeseen obstruction or difficulty encountered in the prosecution of the
Work. and further taking into account all expenses incurred by, or in
consequence of the or discontinuance of the Work as specified by the terms of
its Contract, and for faithfully completing the Work in good. substantial,
workmanlike warranted and approved manner as herein provided. and for
maintaining the Work in good condition until Final Acceptance.
(c) Subject to section 6.1(b) above, if the Contractor is delayed at any
time in the progress of the Work by any act or neglect of EklecCo, or through
any contractor directly employed by EklecCo, and as a result of such an act or
neglect of EklecCo, or by material changes ordered by EklecCo in the Scope of
the Work, or by reason of lire or any other reason completely beyond the control
of the Contractor. then the sole remedy of Contractor is that the required
completion date, or the duration of any affected Scope of Work as set forth in
the final progress schedule as amended from time to time. shall be extended by
the amount of time that the Contractor shall have been actually and directly
delayed thereby. Contractor's sole right and remedy for delay defined under this
section shall be not more than a day for day extension of time, provided, that
each day of extension shall be added to the schedule consecutively, including
Saturdays, Sundays and legally recognized holidays
6.2
Contractor understands and acknowledges that there is in effect applicable
to the Project a Prevailing Wage Agreement by which all workers on site shall be
paid the Prevailing Wage, and the fringe benefits applicable to trades working
on the Project.
ARTICLE 7
PROGRESS PAYMENTS
7.1
Based upon Contractor's Application for Payment properly submitted to
EklecCo and subject to revision and/or approval by EklecCo, EklecCo shall make
progress payments to Contractor on account of the Lump Sum Contract Price, as
provided in the Contract Documents (see Exhibit H), for the period indicated on
the Application for Payment as follows:
7.2.1
On or before the 25th of each calendar month, Contractor shall submit to
EklecCo a written and properly completed and documented Contractor's Requisition
("Requisition1'). upon a form provided by or approved by EklecCo, setting forth
a certification of the amount of work performed, equipment used and materials
installed by Contractor under the Contract through the date of Requisition,
together with the value thereof, together with a certification and
acknowledgment by Contractor and all subcontractors. vendors and suppliers that
they have been paid in full for any work, equipment or materials which are the
subject of any previous Requisition pursuant to section 7.8 below, together with
any payment request documents required by Lender pursuant to section 7.3.2
below. If the day on which the Contractor is to deliver its Requisition to
EklecCo, is a Saturday, Sunday or legally recognized holiday, such Requisition
shall be due on the next succeeding day which is not a Saturday, Sunday or
legally recognized holiday.
7.2.2
If the Contractor1s Requisition is subject to audit, or if EklecCo has any
reasonable doubt as to the validity or accuracy of the content of Contractor's
Requisition, then Contractor's right to payment for the disputed amount or any
amount necessarily relating to disputed Work or the completion of disputed Work,
may, in EklecCo's sole discretion, be denied by EklecCo. SUCH DENIAL SHALL NOT,
UNDER ANY CIRCUMSTANCES, BE THE BASIS FOR CONTRACTOR'S SUSPENSION, DELAY OR
ABANDONMENT OF THE WORK.
7.3.1
Subject to sections 7.2 1 and 7.2.2 above. Contractor shall be entitled to
receive progress payments for its Work performed during the payment periods
established in the Contract. After EklecCo receives Contractor's properly
completed and documented Requisition. and any required payment request form, and
provided EklecCo has received payment, for the work from Lender or Tenant, as
applicable, EklecCo shall mail to Contractor on or about the 15th day of the
month the amount shown on the Requisition as the value of work completed and
materials installed, less:
(a) A retainage of 10% (the "Retainage"). Notwithstanding any other
provision of the Contract, Retainage may not be released until after final
issuance of a Certificate of Occupancy and all applicable payment terms of the
Tenant's Lease or a Commercially Recognized Construction Loan Agreement (the
"Construction Loan Agreement") between EklecCo and its Construction Lender are
satisfied.
(b) The aggregate of previous payments;
(c) The Cash discount provided in section 7.4 below; and
(d) All sums considered necessary by EklecCo. in its sole discretion, to
reflect accurately: (1) The difference between the amount shown on such
Requisition and the actual value of work performed and materials installed: or
(2) To protect EklecCo, the Project and Site from any claim or loss resulting
from Contractor's failure to advance and complete the Work or otherwise to meet
the terms of the Contract.
(e)EklecCo shall not be subject to any penalty, nor shall Contractor be
entitled to any damages in the event Contractor's payment is delayed, as
applicable, by EklecCo's Lender's or Tenant's failure to timely advance a
monthly or other payment to EklecCo when and as due.
7.3.2.
Contractor shall execute and deliver such statements as to progress,
certificates of completion, payments to subcontractors and suppliers, as
EklecCo, Tenant or EklecCo's Construction Lender may request, in addition to all
other requirements of this Article 7.
7.4
EklecCo shall be entitled to a Cash Discount of two percent (2%) (the "Cash
Discount") with respect to any payment timely made to Contractor pursuant to
section 7.3.1 above. provided, EklecCo timely receives Contractor's Requisition,
properly completed and documented; and where and as applicable (for e.g. see
sections 7.2.2 and 7.9) if payment is made by EklecCo at a time other than as
provided in section 7.3.1 or after resolution of any dispute relating to
outstanding payment on a prior Requisition.
7.5
In no event shall Contractor be entitled to receive any form of payment for
Work prior to the earlier of EklecCo's actual receipt of payment from EklecCo or
Lender or Tenant, as applicable, for that Work or twenty four (24) months after
the completion of the Work.
7.6
If the day on which EklecCo is to mail a payment to the Contractor is a
Saturday. Sunday or legal holiday, such payment date shall be extended to the
next succeeding day which is not a Saturday, Sunday or legal holiday.
7.7.1
Contractor's Requisition for one-half of the Retainage may be submitted no
sooner than thirty (30) days after Final Completion of the Contract Scope of
Work, acceptance of the Work by EklecCo, and, if applicable, its Tenant or
Construction Lender. Contractor's Requisition for the balance of the retainage
may be submitted no sooner than 90 days after Final Completion of the Contract
Scope of Work and acceptance of the Work by EklecCo, and, if applicable, its
Tenant or Construction Lender, and receipt of Final Payment by EklecCo, unless
earlier directed to be paid by the Tenant or Construction Lender(see section
7.7.2 below) Payments of retainage shall also be subject to Cash Discount under
the terms of section 7.4 above.
7.7.2
In the event EklecCo's Construction Lender or Tenant requires a return of
Retainage different than provided in section 7.7.1 above. then EklecCo may
require Contractor to obtain a Bond for Warranty Work or other sufficient
security, as EklecCo chooses and deems appropriate, at Contractor's sole cost
and expense.
7.8.1
Before any payment shall be made by EklecCo, and as a condition thereof,
Contractor shall submit to EklecCo in addition to a Contractor Payment Request
(see Exhibit "N"), and any other documents reasonably required by EklecCo or
EklecCo's Tenant or Construction Lender, a "Payment Receipt and Waiver of Right
to File Lien" in a form acceptable to EklecCo with respect to labor performed,
and equipment and materials furnished, through the date of Contractor's previous
payment Requisition. Contractor also shall submit to EklecCo documentary
evidence, acceptable to EklecCo, of payment by Contractor of and to all its
subcontractors', suppliers' and vendors' bills for labor, equipment, materials
and other expenses or indebtedness incurred by Contractor in the performance of
the Work.
7.8.2
In the event there are any unpaid bills or indebtedness for such labor,
materials or other expenses, provided that no liens have been filed by any
subcontractor, vendor or materialman. EklecCo may, at its discretion, withhold
from any payment otherwise due to Contractor an amount sufficient to pay such
indebtedness or expenses. In the event any such lien has been filed by any
subcontractors, vendors or materialmen, Contractor shall within (3()) days of
the filing of such lien satisfy of record said lien either by payment or filing
are sufficient undertaking, all at Contractor's sole cost and expense (see
section 9.3 below).
1
7.8.3
Contractor shall at all times give to EklecCo sufficient evidence that the
Project is free from all liens and claims arising out of the Contractor's work
including, without limitation. estoppels or signed "Payment Receipt and Waiver
of Right to File Lien" forms from all subcontractors and suppliers. in a form
acceptable to its Construction Lender.
7.8.4
Any omission or misstatement with respect to the Contractor's requirements
of this section 7.8 shall be deemed material, and, Contractor agrees, shall
constitute sufficient grounds to vacate any lien filed by Contractor until such
time as the misstatement or omission is cured by payment in full to the
Subcontractor or vendor. Contractor shall have this same provision in all of its
subcontracts and purchase orders.
7.9
If the Work performed by Contractor is on a unit price basis, Contractor
understands that quantities of work performed as reflected on Contractor's
Requisition for Payment must agree with EklecCo's computations of the quantities
of Work performed. In any event, regardless if the Work performed is on a Lump
Sum Contract Price, or unit price basis, if there is disagreement regarding
quantities of Work performed, EklecCo may, in its sole discretion. pay the lower
quantity pending resolution of the difference to EklecCo's satisfaction. In
order to resolve such difference. Contractor promptly shall provide EklecCo with
all documents, work papers, backup and calculations relating to unit costs and
quantities upon EklecCo '5 request.
7.10
Contractor's acceptance of Final Payment for the Work shall constitute a
complete release and discharge of EklecCo from all claims and of all liability
to Contractor for all things done or furnished in connection with the Work,
including any act or neglect of EklecCo relating to or arising from the
Contract. However, payment, final or otherwise, shall not operate to release
Contractor or its surety from any obligation under the Contract, nor shall any
payment be construed to be an acceptance of defective Work or improper
materials.
ARTICLE 8
FINAL ACCEPTANCE AND PAYMENT
8.l
Final payment, constituting the entire unpaid balance of this Lump Sum
Contract Price shall be paid by EklecCo to the Contractor in accordance with
Article 7, such that Final and complete Payment will be made. provided the Work.
including all Supplementary Agreements and Change Orders, having been completed
and Backcharges deducted. the Contract fully performed, the requirements listed
in Article 6C of the General Conditions have been complied with, and the
Application for Payment, including release of funds placed on "Hold" pursuant to
Article 7, have been accepted and approved by EklecCo.
8.2
NOTWITHSTANDING ANY OTHER PROVISION OF THE CONTRACT, FINAL ACCEPTANCE AND
PAYMENT MAY NOT BE MADE UNTIL ALL TERMS OF THE CONTRACT AND CONSTRUCTION LOAN
AGREEMENT APPLICABLE TO ACCEPTANCE AND PAYMENT, ARE SATISFIED.
ARTICLE 9
INSURANCE AND BOND REQUIREMENTS
9.1
The Contractor shall carry insurance as listed below and furnish to EklecCo
a certification of insurance before construction is started. The certification
must indicate that the insurance will not be canceled when the work specified
therein is in progress without 30 days prior written notice to EklecCo. EklecCo,
and if reasonably requested by EklecCo, any local, state or federal entity
having an interest in and jurisdiction over the property and EklecCo's
Construction Lender, MUST be named as additional named insureds on ALL policies
of insurance.
TYPE LIMITS OF INSURANCE
Workers Compensation & Disability Benefits Statutory
Employers Liability $1,000,000.
Contractors General Liability
Each Occurrence (Combined Single Limit) $1,000,000.
General Aggregate (Per Project) $3,000,000.
Contractors Auto Liability
Each Occurrence (Combined Single Limit) $1,000,000.
Umbrella Coverage
Each Occurrence $3,000,000.
Aggregate (Per Project) $5,000,000.
Performance, Payment, Material As required by EklecCo
and Warranty Bonds
EklecCo's and Contractors Protective Liability
Each Occurrence $2,000,000.
** Additional Named Insured: EklecCo
The insurance shall conform with the coverage described in Exhibit "G".
9.2
Each party waives on behalf of each Party's insurer, any and all claim or
right or right of subrogation of any such insurer against the other Party for
loss or damage to the property so insured, other than loss or damage resulting
from the will full act or neglect of the other Party. Each Party agrees to
procure and maintain in force at all times during the application of this
Contract, and all extensions and renewals hereof a waiver of subrogation clause
attached to and made a part of each of its insurance policies in the following
form:
WAIVER OF SUBROGATION
This insurance shall not be invalidated should the insured waive in
writing, prior to a loss, any or all rights of recovery against any Party for a
loss occurring to the property described herein, caused by or resulting from the
hazards or perils insured by this policy.
Notice is accepted by this provision that the insured has agreed in
writing, prior to a loss, to WAIVE any or all of such rights of recovery from
EklecCo, its officers, partners, agents, employees, principals and invitees.
9.3
Contractor shall pay off and discharge any and all debts and obligations
incurred pursuant to performing the work set out in the Contract. including but
not limited to obligations owed to vendors and suppliers of materials, and to
subcontractors and
2
Subcontractors' sub-subcontractors and their suppliers. Contractor
specifically agrees to defend, indemnify and bold EklecCo, Lender and Tenant
harmless from and against any and all claims or liability arising in any way out
of or as a result of the performance of the Contract, including the reasonable
costs of EklecCo's legal counsel for advice, negotiation, drafting and
litigation, together with all lien, filing, bonding and litigation expenses.
9.4
Notwithstanding any other provision of this Agreement, if arid to the
extent EklecCo agrees to reimburse Contractor for insurance or bond requirements
under this Article 9. such reimbursement shall be at cost only. Contractor shall
not be entitled to charge profit or overhead on the cost of such insurance or
bonds.
9.5
Notwithstanding any other provision of this Agreement, EklecCo agrees it
will not take a two percent (2%) discount against the payment of any requisition
for the reimbursement cost nor will EklecCo hold any retainage on the
reimbursement cost for any such insurance or bonds.
ARTICLE 10
(Intentionally Omitted)
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1
Terms used in this Agreement which are defined in the Contract Documents
shall have the meanings designated in those Contract Documents.
11.2
The Contractor may not assign, sublet, subcontract or delegate any part or
the whole of its Work, rights or duties, nor any money due or to become due to
Contractor under the Contract. Any assignment, sublet, subcontract or delegation
of its Work, rights or duties by Contractor shall be VOID, unless upon prior
Notice to and written receipt of approval of EklecCo and, as applicable, its
Tenant or Construction Lender.
11.3
Contractor shall cooperate with EklecCo in the creation, maintenance,
storage and retrieval of all documents applicable to the Project; Contractor
shall retain all its records in retrievable form for six (6) years from the date
of final acceptance; EklecCo shall have access to all Contractor's documents
applicable to the Project upon request and no later than after 72 hours Notice.
3
11.4
Contractor shall have absolutely no claim under any circumstances
for consequential damages arising from or relating to the
Contract.
11.5
In the event EklecCo terminates Contractor's Notice to Proceed
for a reason specified in section 2.4.1(g) above, Contractor
shall have no claim for damages other than direct, actual and
necessary demobilization costs arising from EklecCo's failure to
proceed with or finish any part or all of the Project or
Contractor's Scope of Work; EklecCo shall have NO obligation
whatsoever to the Contractor in the absence of an executed Notice
to Proceed issued to Contractor by EklecCo.
11.6
Contractor shall be required to execute and deliver such
statements as to progress, certificates of completion, payments
to subcontractors and Suppliers, and the like, as EklecCo, or as
applicable, its Lender or Tenant, may from time to time request.
11.7
Where the Contract provides for the exercise of EklecCo's
judgment or discretion. such judgment or discretion shall be
reasonably exercised under all the conditions and circumstances
existing, and/or anticipated by EklecCo at the time of the
exercise of EklecCo's judgment or discretion.
ARTICLE 12
LIMITATION OF EKLECCO'S AND ITS PARTNERS' LIABILITY
12.1
Contractor, its partners, shareholders, successors and assigns are limited
solely to the estate, interest and property of EklecCo in the real property, and
improvements to the real property. upon and for which the Work is being
performed, for the satisfaction of any of Contractor's remedies, or for the
satisfaction of any liens, rights or the collection of any damages, judgment or
other judicial process with respect to any of the terms and conditions of the
Contract, or any other obligations created by, under or related to the Contract.
12.2
Contractor, shall not have any recourse to or against any other property or
assets of EklecCo or its partners affiliates, alter egos, trusts, trustees,
beneficiaries, successors, assigns, nor shall EklecCo or its agents, employees,
partners, affiliates, representatives, insurers, nor shall any of EklecCo's
banking institutions or trusts be subject to levy, execution or other
prejudgment or judgment enforcement or attachment for the satisfaction of
Contractor's remedies arising from or relating to the Contract.
4
12.3
EklecCo's partners, affiliates, trusts, trustees and beneficiaries are not
and shall not become personally liable under the Contract, nor shall they be
named in any action arising from or relating to a breach of the Contract.
ARTICLE 13
SAFETY PRECAUTIONS AND PROCEDURES.
13.1
Contractor agrees to abide by the requirements of the Occupational Safety
and Health Act of 1970, as amended, and all other federal, state, and local
laws, rules, regulations or ordinances relating to the Work, including, but not
limited to, the maintenance of records required by the Act at the Site,
immediate compliance with any OSHA officer's request or notice of violation, and
compliance with all standards of the Act now or in the future.
13.2
Contractor must comply specifically with OSHA 1910.1200 and maintain a
written Hazard Communication Program, including but not limited to the
following:
(a) proper container labeling:
(b) procuring, maintaining and submitting copies to EklecCo of all Material
Safety Data Sheets (MS DS) required on the job; and
(c) employee training and information
13.3
In addition, Contractor agrees to enact and follow its own safety policy,
including but not limited to, the following:
(a) Contractor's appointing one or more of its employees to act as a
Project Safety Committee; and
(b) Where applicable, Contractor shall follow the rules and procedures as
outlined in EklecCo's Loss Prevention Manual, including compliance with the
required Accident Reporting Procedures.
6
13.4
Contractor is solely and fully responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work and
Work Site including general Project Site conditions. Contractor acknowledges and
agrees that it is fully responsible for the supervision and control of the Work
and of Contractor's employees, subcontractors or supplies and the manner in
which the Work is performed. Contractor acknowledges that most on-the-job
accidents resulting in personal injury or property damage are related to the use
of scaffolding accidents relating to elevations, ladders, construction staging
or to the noncompliance by personnel to the OSHA rules, regulations or standards
regarding wearing of hard hats, safety helmets and safety eye-wear. Contractor
agrees that it will fully comply with all safety regulations. rules and
standards which may have application to the Work relating to the use of
scaffolding, ladders, elevations and construction staging and to the proper use
of hard hats, safety helmets and safety eye-wear, and Contractor agrees that it
shall be Contractor's sole responsibility to insure that each of its employees,
subcontractors and suppliers are also fully aware of and in compliance with all
such rules, regulations and standards at all times.
13.5
Contractor shall fully protect, defend, indemnify and save EklecCo harmless
from and against all liability, judgments damages, costs and expenses arising
from the failure, omission, or neglect of Contractor or Contractor's employees,
agents, subcontractors and suppliers to comply with the requirements of this
Article 13 and with the Occupational Safety and Health Act of 1970, as amended,
other federal and state and local safety requirements. Contractor's obligation
to defend, indemnity and save EklecCo harmless will extend to any citations(s)
and proposed penalty(ies) issued to any entity by OSHA or other governmental
agency arising out of performance of the Contract by Contractor, its employees
or any subcontractor or supplier of Contractor.
7
ARTICLE 14
ADDRESSES AND TERMS FOR NOTICES
14.1
(a) All Notices shall be delivered in one of the following ways: certified
mail, return receipt requested; telefax between the hours 5:30 a.m. and 7:00
p.m. Monday - Saturday with originating machine confirmation notice attached to
the original hard copy and produced upon demand: or hand delivered with either a
signed receipt or affidavit of service retained by the party giving Notice.
If to EklecCo:
EklecCo
0 Xxxxxxx Xxxxxx
Xxxxxxxx, Xxx Xxxx 00000
ATTN: Xxxxxx X. Xxxxxxx
Phone: (315) 422 - 0090
Fax: (315) 422 - 3569
If to Contractor:
US Bridge of New York
00-00 00xx Xxxxx
Xxxxxx, XX 00000
ATTN: Xxxxxx or Xxxxxx Xxxxxx
Phone: (000) 000-0000
Fax: (000) 000-0000
ARTICLE 15
GOVERNING LAW
15.1
The Contract shall be governed by laws of the State of New York. This
Agreement was entered into, and the place of trial of any action between EklecCo
and the Contractor relating to the subject matter of the Contract shall be In
New York Supreme Court, Onondaga County, New York.
ARTICLE 16
SAVINGS CLAUSE
16.1
Should any part of the Contract be found to be invalid or illegal by reason
of any existing or subsequently enacted legislation or by any decision of a
court of competent jurisdiction, it [illegible] that such findings shall not
[illegible] remainder of the Contract and the remaining paragraphs or parts
shall remain in lull force and effect.
8
ARTICLE 17
WAIVERS
17.1
No inspection or approval by EklecCo. Agent, the Tenant or Lender, or any
of their respective employees, nor any order or certification by EklecCo, Agent.
Tenant or Lender, nor payment shall operate as a waiver of any provisions of the
Contract.
17.2
(a) No failure of either Party to insist upon performance of any term of
the Contract shall be deemed a waiver of the effect any other term of the
Contract. unless specifically provided in the Contract.
(b) No waiver of any breach of the Contract shall be construed to be a
waiver of any other prior or subsequent breach.
17.3
To the extent allowed by law, each Party waives its right to a trial by
jury of any claims arising from a breach or interpretation of the Contract.
ARTICLE 18
INTEGRATION CLAUSE
18.1
(a) The Parties agree that there are no understandings or agreements with
respect to the Contract which are not set forth herein, that the Contract and
the Contract Documents contain the entire agreement between Contractor and
EklecCo, and that the Contract Documents shall be the sole evidence of the
content and meaning of the Contract Documents. The Contract cannot be modified
except in writing signed by the Parties hereto.
(b) All EklecCo's remedies in the Contract shall be construed as being
cumulative in addition to any other remedy.
IN WITNESS WHEREOF, the Parties have hereto set their hands and seals
effective the day and year first above written.
NOTICE: THIS IS A LEGALLY BINDING CONTRACT. IT AFFECTS SUBSTANTIAL LEGAL
RIGHTS.
THIS CONTRACT IS NOT A STANDARD AIA PRIME CONTRACT FORM. YOU SHOULD READ
EACH PART AND THE WHOLE FULLY AND CAREFULLY BEFORE YOU EXECUTE IT. IF YOU HAVE
ANY QUESTIONS, YOU SHOULD CONSULT WITH YOUR LAWYER.
EKLECCO WILL STRICTLY BIND YOU TO THE REQUIREMENTS AND OBLIGATIONS OF THIS
CONTRACT.
BID PROPOSAL FORM and INSTRUCTIONS TO BIDDER
DATE: 2/13/96
BID PACKAGE No. E-076S
SCOPE OF WORK BEING BID: STRUCTURAL SHELL ERECTION
1. PROJECT AND PROJECT LOCATION:
Palisades Xxxxx Xxxx
Xxxxx 00
Xxxx Xxxxx. Xxx Xxxx 00000
2A. PROJECT DEVELOPER
EklecCo
2B. MAILING ADDRESS:
0 Xxxxxxx Xxxxxx
Xxxxxxxx, XX 00000
000-000-0000
000-000-0000 (fax)
2C. CONTACT FOR QUESTlONS ON THIS BID PACKAGE
Xxxx Xxxxxx 000-000-0000
000-000-0000 (fax)
3. PURPOSE OF BID PROPOSAL
The EklecCo intends with this bid Proposal Form to procure a Bidder to
perform all necessary and associated work to adequately and properly
complete the Scope of Work pursuant to this Bid Proposal. Bidders are
welcome and encouraged to submit any and all potential design changes
and alternates which may result In cost savings and/or acceleration of
the schedule. Please submit base bid pursuant to the plans and
specifications, and attach separately any potential alternates or
comments. You may not change, add to or delete from the Scope of Work
described In your base bid.
4. GENERAL SCOPE OF WORK:
Erection and installation of structural shell including precast
concrete columns, steel columns, steel beams, floor decks, roof decks
and roof joist according to the Plans and Drawings by Xxxxxxx Xxxxx &
Associates as per the drawing list attached as (Exhibit "A"), and
Sequencing and Grading Plan by EklecCo attached as ("Exhibit C"). Also
includes all other work normally associated with the erection and
installation of structure at a shopping center, required by and
necessary for a completed project as indicated in the bid documents.
5. BID REUTRN:
Bid Due: March 1, 1996
Deliver To: Xxxx Xxxxxx
EklecCo
0 Xxxxxxx Xxxxxx
Xxxxxxxx, XX 00000
Or Via Fax: (000) 000-0000.
6. BID DRAWINGS FOR THE PALISADES POWER MALL
A. To obtain a complete set of drawings and specifications for
approximately $40, please contact:
Liverpool Blue Print
000 0/0 Xxxxxxxxxxx Xxxxxxxxx
Xxxxxxxxx XX 00000
(000) 000-0000
Contact: Xxxxx Xxxxxx
Please request drawings for bid #E-076.
B. Attached to this Bid Document are the following:
I. Drawing list attached as Exhibit "A"
II. Sample copy of a Certificate of Insurance with necessary
Project coverage requirements, attached as Exhibit "B".
III. Sequencing and Grading plan attached as Exhibit "C".
7. PERFORMANCE AND PAYMENT BONDS:
If requested by Developer, can bidder provide a performance and payment bond?
Yes No (Circle One)
YOUR COST OF BOND PER THOUSAND: $ 10.00
NAME OF YOUR BONDING COMPANY:
United American Guarantee Company Ltd. ADDRESS: 00 Xxxxxxx Xxxxxx, Xxxxxx,
Xxxxxxxxxxxxx 00000
CONTACT PERSON: Xxxxxx X. Xxxxxxxx Xx.
TELEPHONE: (617) 357 - 4470
FAX: (617) 357 - 4480
NAME OF YOUR INSURANCE AGENT: Serres, Xxxxxx & Xxxx
ADDRESS: 000 Xxxxxxxxx Xxxxxx
Xxx Xxxx, XX 00000
CONTACT PERSON: Xxxxxx DeMattina
TELEPHONE: (212) 349 - 3500
FAX: (212) 608 - 5112
8. DESCRIPTION OF WORK
Bidder will be expected and required to provide all necessary and appropriate
labor, materials, toots, equipment, supervision and coordination to erect
structural shell elements pursuant to the Plans and Specifications. The Bidder's
Scope of Work shall also include but is not limited to:
A. Bidder shall erect steel beams, columns, roof joist, shear studs, floor
decking. roof decking, and precast columns, which will be delivered to the site.
B. Bidder shall be responsible for accepting all pr~purchased steel,
decking. and precast columns, and shall unload, ~l'ake-out, inventory, and
inspect all such matenal.
C. The Work must conform to all local, state and federal codes, rules,
regulations and specifications and the directions of any agency or Authority
having jurisdiction on this Project. including but not limited to the Town of
Clarkstown, Rockland County, New York State Thruway Authority, New York State
Department of Transportation, OSHA and New York State Department of
Environmental Conservation.
D. The Project is subject to prevailing wage rates applicable to the West
Nyack and Rockland County region, and all prevailing benefits of any collective
bargaining agreements applicable to trades working on the Project. All work will
be awarded on a merit basis.
E. Bidder shall be responsible to coordinate with all other Bidders on site
during the construction of this Project to ensure the proper completion of
Bidder's scope of work within the specified time limits. Bidder's job supervisor
shall participate fully in Bidders' meetings as required and needed.
F. Bidder must supply all shear studs and erection bolts.
G. Bidder will be responsible for securing and paying for all permits,
licenses and fees required by this Scope of Work.
H. Bidder shall include all applicable tax in its Lump Sum Bid.
I. The EklecCo Prime Contract is available for review and discussion upon
request.
J. Bidder has incorporated the above items into its base bid and
acknowledges that it is in receipt and fully includes such documents and
requirements In Its Lump Sum Base Bid Price, with no exceptions.
9. COST BREAKDOWN FOR COMPARISON EVALUATIONS
A: Structural Erection $(Material)
$ 6,135,000.00 (Labor)
$ not included (tax)
$ 6,135,000.00 (TOTAL)
B. Steel Decking Installation $(Material)
$ 3,525,000.00 (Labor)
$ not included (tax)
$ 3,525,000.00 (TOTAL)
C. Steel Joist Installation $(Material)
$ 699,000.00(Labor)
$ not included (tax)
$ 699,000.00 (TOTAL)
D. Sheer Stud Supply and Installation $ 320,000.00(Material)
$ 865,000.00 (Labor)
$ not included (tax)
$ 1,185,000.00 (TOTAL)
E. Erection Bolt Supply and Installation $ 369,000.00 (Material)
$(Labor)
$ not included (tax)
$ 369,000.00 (TOTAL)
F. General Conditions and Requirements $
Mobilization $ 315,000.00
Supervision & Engineering $
Insurance $
Other $
G. TOTAL $ 689,000.00(Material)
$ 11,218,000.00(Labor)
$ not included (tax)
$ 12,222,000.00(TOTAL)
X Twelve million two hundred and twenty two thousand 00/100 Dollars
9. COST BREAKDOWN FOR COMPARISON EVALUATIONS
A: Structural Erection $(Material)
$ 5,874,000.00(Labor)
$ not included (tax)
$ 5,874,000.00(TOTAL)
B. Steel Decking Installation $(Material)
$ 2,460,000.00(Labor)
$ not included (tax)
$ 2,460,000.00(TOTAL)
C. Steel Joist Installation $(Material)
$ 565,000.00(Labor)
$ not included (tax)
$ 565,000.00(TOTAL)
D. Sheer Stud SuppIy and
Installation $ 275,000.00(Material)
$ 725,000.00(Labor)
$ not included (tax)
$ 1,000,000.00(TOTAL)
E. Erection Bolt Supply and
Installation $ 325,000.00(Material)
$(Labor)
$ not included (tax)
$ 325,000.00(TOTAL)
F. General Conditions and
Requirements $
Mobilization $ 300,000.00
Supervision & Engineering $
Insurance $
Other $
G. TOTAL $ 600,000.00(Material)
$ 9,924,000.00 (Labor)
$ not included (tax)
$ 10,524,000.00(TOTAL)
X Ten million five hundred and twenty four thousand 00/100 Dollars
10. UNIT PRICES:
A. Structural Shell Erection
1. Structural Steel $per/ton
2. Precast Concrete Columns $per/column
3 Decking Sper/square
4. Roof Joist $per/ton
5. Sheer Studs $per/stud
6. Erection Bolts $per/bolt
11. SUBSTITUTION AND/OR VALUE ENGINEERING
Bidder is welcome to submit on separate company letterhead and attach
with this Bid Proposal Form any potential substitutions for value
engineering which could result in a cost savings to the Project.
Bidder's base lump sum price should be bid pursuant to the plans and
specifications. Any cost savings found to be acceptable will be
incorporated into the final base lump sum price. Bidder is welcome to
bid breakouts or small pieces of the erection job. Please submit any
single tower price in writing on company letterhead.
12. ADDITIONAL INFORMATlON REQUESTED:
The following information must be submitted with the Bid Proposal Form:
A. Copy of Bidder's Certificate of Insurance.
B. Reference list with contacts and telephone numbers of recent
projects.
C. Critical path schedule.
13. BID SUBMITTED BY:
Firm Name: U.S. Bridge of N.Y., Inc.
Address: 00-00 00xx Xxxxx, Xxxxxx, XX 00000
Contact: Xxxx X. Xxxxx
Telephone No.: (718) 699 - 0100
Fax No.: (718) 760 - 5696
Authorized Signature:
Name: (Please Print):
Title: CAO
February 13, 1996
From: Xxxxxxx Xxxxxx
EklecCo
Four Xxxxxxx Xxxxxx
Xxxxxxxx, X.X. 00000
000 000-0000
To: All Structural Shell Erection Bidders:
Re: Cost Breakdown Addendum
Please substitute item number 9 (Cost Breakdown for Comparison Evaluations) in
bid package E076s with the following 6 page Cost Breakdown. This Addendum will
give EklecCo the flexibility to evaluate and award sections of work if feasible.
Reference the enclosed Area Map in order to breakdown the bid Into the six (6)
distinct areas for pricing. This small Area Map is identical to the larger Area
Map enclosed with the original bid.
Sincerely,
Xxxx Xxxxxx
EklecCo
(2) Enclosures
[GRAPHIC]
9. COST BREAKDOWN FOR COMPARISON EVALUATIONS
Area 1:
A: Structural Erection $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
B. Steel Decking Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
C. Steel Joist Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
D. Sheer Stud SuppIy and Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
E. Erection Bolt Supply and Installation $ (Material)
----------------
$ (Labor)
---------------
$ (tax)
----------------
$ (TOTAL)
----------------
F. General Conditions and Requirements $
Mobilization $
Supervision & Engineering $
Insurance $
Other $
G. TOTAL $ (Material)
--------------------------
$ (Labor)
--------------------------
$ (tax)
-------------------------
$ (TOTAL)
-------------------------
9
Area 3:
A: Structural Erection $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
B. Steel Decking Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
C. Steel Joist Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
D. Sheer Stud SuppIy and Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
E. Erection Bolt Supply and Installation $ (Material)
----------------
$ (Labor)
---------------
$ (tax)
----------------
$ (TOTAL)
----------------
F. General Conditions and Requirements $
Mobilization $
Supervision & Engineering $
Insurance $
Other $
G. TOTAL $ (Material)
--------------------------
$ (Labor)
----------------------------------------
$ (tax)
-------------------------
$ (TOTAL)
-------------------------
Area 4:
A: Structural Erection $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
B. Steel Decking Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
C. Steel Joist Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
D. Sheer Stud SuppIy and Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
E. Erection Bolt Supply and Installation $ (Material)
----------------
$ (Labor)
---------------
$ (tax)
----------------
$ (TOTAL)
----------------
F. General Conditions and Requirements $
Mobilization $
Supervision & Engineering $
Insurance $
Other $
G. TOTAL $ (Material)
--------------------------
$ (Labor)
----------------------------------------
$ (tax)
-------------------------
$ (TOTAL)
-------------------------
Area 5:
A: Structural Erection $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
B. Steel Decking Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
C. Steel Joist Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
D. Sheer Stud SuppIy and Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
E. Erection Bolt Supply and Installation $ (Material)
----------------
$ (Labor)
---------------
$ (tax)
----------------
$ (TOTAL)
----------------
F. General Conditions and Requirements $
Mobilization $
Supervision & Engineering $
Insurance $
Other $
G. TOTAL $ (Material)
--------------------------
$ (Labor)
----------------------------------------
$ (tax)
-------------------------
$ (TOTAL)
-------------------------
Mall Area:
A: Structural Erection $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
B. Steel Decking Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
C. Steel Joist Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
D. Sheer Stud SuppIy and Installation $ (Material)
----------------
$ (Labor)
----------------
$ (tax)
----------------
$ (TOTAL)
----------------
E. Erection Bolt Supply and Installation $ (Material)
----------------
$ (Labor)
---------------
$ (tax)
----------------
$ (TOTAL)
----------------
F. General Conditions and Requirements $
Mobilization $
Supervision & Engineering $
Insurance $
Other $
G. TOTAL $ (Material)
--------------------------
$ (Labor)
----------------------------------------
$ (tax)
-------------------------
$ (TOTAL)
-------------------------
TOTAL LUMP SUM BID FOR ALL AREAS (IF APPLICABLE) $ TOTAL
-------------------------
EklecCo
PALISADES POWER MALL PROJECT
GENERAL CONDITIONS AND REQUIREMENTS
INDEX
1 .......................... GENERAL PROVISIONS
A ........ General Provision I
B ........ Definitions 1
1 The Contract 1
2 The Contract Documents 1
3 The Work
4 The Project
C ........ Execution, Correlation, Intent and Interpretations 1
D ........ Copies Furnished and Ownership 2
2 .......................... OWNER
A ........ Definitions 2
B ........ Information to be Provided to Contractor 3
C ........ Administration of Contract 3
3 .......................... CONTRACTOR
A ........ Definitions 3
B ........ Review of Contract Documents 4
C ........ Supervision and Construction Procedures 4
D ........ Labor and Materials 4
E ........ Warranty S
F ........ Sales and Use Tax 6
G ........ Permits, Fees and Notices 6
H ........ Superintendent 7
I ........ Responsibility for Those Performing the Work 7
J ........ Progress Schedule 7
K ........ Drawings and Specifications at the Site 8
L ........ Shop Drawings, Submittals, and Samples 8
M ........ Use of Site 9
N ........ Cutting and Patching Work 9
0 ....... Cleaning Up 9
P ........ Access to Work 10
Q ........ Royalties and Payments 10
4 .......................... SUB-CONTRACTORS
A ........ Definition 10
B ........ Award of Subcontracts and Other Contracts
for Portions of the Work 10
C ........ Subcontractual Relations 11
5 .......................... SEPARATE CONTRACTS
A ........ Owners Right to Award Separate Contracts 12
B ........ Responsibility Among Contractors 12
6 .......................... PAYMENTS AND COMPLETION
A ........ Schedule of Values 13
B ........ Substantial Completion 13
C ........ Final Completion and Final Payment 13
7 .......................... PROTECTION OF PERSONS AND PROPERTY
A ........ Safety of Persons and Property 14
B ........ Fire Protection 15
C ........ Emergencies 15
8 .......................... INSURANCE
A ........ Contractor's Liability Insurance 16
9 .......................... UNCOVERING AND CORRECTION OF WORK
A ........ Uncovering the Work 16
B ........ Correction of Work 16
C ........ Acceptance of Defective or Non-Conforming Work 17
10 ......................... PERFORMANCEBOND 17
11 ......................... TESTS 17
12. PROJECT MEETINGS
A ........... General Provisions 18
1 . Purpose 18
B ........... Execution 18
I .... Meeting Schedule 18
2 .. Meeting Location 19
3 .. Project Meetings 19
13. SUBMITTALS AND SUBSTITUTIONS
A ........... General 20
1 .. Description 20
2 .. Quality Assurance 20
3 Submittals 21
4 Substitutions 21
B ........ Products 22
1 Shop Drawings 22
2 Manufacturers' Literature 22
C ........ Execution 22
1 Identification of Submittals 22
2 Grouping of Submittals 23
3 Timing of Submittals 23
4 Consultant's Review 23
14 ......................... SCHEDULE OF VALUES
A ........ Description 24
B ........ Submittals 24
15 ......................... TEMPORARY FACILITIES AND CONTROLS
A ........ General 25
1 Description 25
2 Product Handling 25
B ........ Products 25
1 Temporary Utilities 25
2 Field Offices and Sheds 26
3 Enclosures 27
4 Temporary Fencing 27
5 Communication Equipment
C ........ Execution 27
1 Maintenance and Removal 27
16 ......................... RIGHT AND REMEDIES 28
EklecCo
GENERAL CONDITIONS AND REQUIREMENTS
ARTlCLE 1 - GENERAL PROVISIONS
A. ANY PROVISION OF THESE GENERAL CONDITIONS AND REQUIREMENTS
WHICH IS IN CONFLICT WITH THE CONTRACT SHALL YIELD TO AND BE
CONTROLLED BY THE APPLICABLE PROVISION (S) OF THE CONTRACT.
B. DEFINITIONS
1.THE CONTRACT - The Contract consists of the
documents identified at Article I of the Contract.
The Contract represents the entire and integrated
agreement between the Parties and supersedes all
prior negotiations, representations or agreements,
either written or oral, including, to the extent
inconsistent, the Bid Documents.
2. THE CONTRACT DOCUMENTS - The Contract Documents
consist of all the written documents annexed to and
made a part of the Contract referred to in Article 1
of the Contract, and other documents specifically
referred to in the Contract as constituting the
Contract Documents, including without limitation:
these General Conditions and Requirements, the
Drawings, the Specifications, the Pre-Contract
Memorandum, the Instruction to Bidders and other Bid
Documents, all Addenda, the Scope of Work Form and
all Modifications by Supplemental Agreement. A
Modification or Supplemental Agreement is (I) a
written addendum or amendment to the Contract signed
by both Parties; or (2) a Back charge or Change
Order.
3. THE WORK - The term "Work" means the construction and
services required by the Contract Documents, and
includes all labor, materials, equipment,
coordination, supervision and services provided or to
be provided by the Contractor to fulfill the
Contractor's obligations under the Contract. All Work
shall be completed of the highest quality, in a good
and workmanlike manner, using only first-class new
materials free of all liens and encumbrances.
4. THE PROJECT - The Project is the total construction
developed or owned by EklecCo of which the Work
performed under the Contract and Contract Documents
may be the whole or a part.
C. EXECUTION, CORRELATION, INTENT AND INTERPRETATIONS
1. The Contract Documents shall be signed in not less than
triplicate by EklecCo and the Contractor.
2. By executing the Contract, the Contractor represents
that the Contractor has visited the Site,
familiarized itself with the local and site
conditions under which the Work is to be performed,
and correlated its observations with the requirements
of the Contract Documents.
3. The Contract Documents are complementary. and what
is required by any one shall be as binding as if
required by all. The intention of the Contract
Documents is to include all labor, materials,
equipment, services and other items necessary for
the proper execution and completion of the Work. It
is intended that work not covered under any heading,
section, branch, class or trade of the
Specifications nonetheless shall be supplied unless
it is omitted elsewhere in the Contract Documents,
or it is reasonably inferable therefrom as being
unnecessary to produce the results intended by
EklecCo.
4. The organization of the Specifications into
divisions, sections, and articles, and the
arrangements of Drawings shall not control the
Contractor in dividing the Work among
Sub-Contractors or in establishing the timing or
extent of Work to be performed by any trade.
5. Words which have well-known technical or trade meanings
are used herein in accordance with such recognized meanings.
6. Written interpretations necessary for the proper
execution or progress of the Work, in the form of
drawings or otherwise, will by issued by EklecCo or
its Agent, architects and engineers, and once
issued, shall become part of the Contract
Documents.
7. Figured dimensions will take precedence over scale
dimensions. Details shall take precedence over
scale drawings. All dimensions shall be field
verified by the Contractor whenever possible prior
to the commencement of work. The Contractor shall
immediately report all conflicts and discrepancies
in writing to EklecCo.
8. In the case of an inconsistency or other
circumstance giving rise to interpretation between
Drawings and Specifications or within any Contract
Document not clarified by addendum, the better
quality or greater quantity of Work Shall be
provided by Contractor in accordance with EklecCo'
interpretation at no additional cost to EklecCo.
D. COPIES FURNISHED AND OWNERSHIP
1. All Drawings, Specifications and copies thereof
furnished by EklecCo are, and shall remain its
property. No part or the whole of any such Drawings
and Specifications are to be used on any other
project, and, with the exception of one contract set
for each party to the Contract, any such documents
are to be returned to EklecCo on request at the
completion of the Work.
ARTICLE 2- OWNER
A. DEFINITIONS
I. The term Owner means EklecCo, or its authorized
representative, irrespective of any title or
designation given EklecCo in any contract between
EklecCo and a third party.
2. The term EklecCo is the partnership formerly known as
Pyramid Company of Rockland or its Agent, Xxxxxx X. Xxxxxxx.
B. INFORMATION TO BE PROVIDED TO CONTRACTOR
1. EklecCo will furnish surveys describing the physical
characteristics and legal limits for the Site of the Project.
2. The Contractor will be furnished one copy of
Drawings and Project Manuals for a non-refundable
fee. Additional sets will be furnished at the same
rate.
C. ADMINISTRATTON OF CONTRACT
1. EklecCo will provide general administration of the
Contract; Contractor is responsible for
administration of the Work. EklecCo is not, and will
not act in the capacity of a general contractor,
contractor or construction manager, unless, at its
sole option, it is required to do so by the breach
or default of Contractor. However, EklecCo shall
have no obligation to so act as a general
contractor, contractor or construction manager, and
under no circumstances shall any liability attach to
EklecCo for so acting, nor shall EklecCo's so acting
relieve Contractor of any of its rights hereunder.
2. EklecCo shall at all times have access to the Work
wherever it is in preparation and progress. The
Contractor shall provide adequate facilities for such
access.
3. EklecCo may make periodic visits to the Site to
familiarize itself generally with the progress and
quality of the Work and to determine in general if
the Work is proceeding in accordance with the
Contract Documents. Such visits shall not in any way
relieve Contractor from Contractor's sole and
independent obligation to assure the progress and
quality of its Work, and Contractor's coordination of
its Work with others.
4. Based on observations, and any other information
EklecCo deems appropriate, together with the
Contractor's Requisition for Payment, EklecCo shall
determine the amounts owing to the Contractor
consistent with the Contract Documents, subject at
all times to its Lender's approval.
ARTICLE 3- CONTRACTOR
A. DEFINITIONS
I. The term Contractor means the person, entity or
organization identified as such in the Contract and
is referred to throughout the Contract Documents as
if singular in number. The term Contractor means the
Contractor or its authorized representative.
B. REVIEW OF CONTRACT DOCUMENTS
1. The Contractor shall carefully study and compare the
Contract Documents and any Supplementary Agreement, and
shall, prior to execution, report in writing to EklecCo any
error, misstatement, inconsistency or omission in any
Contract Documents. The failure of Contractor to make such
written report shall constitute a waiver of Contractor1s
right to claim such as an error, inconsistency, omission or
misstatement in the Contract Documents or Supplementary
Agreements.
2 If the Contractor performs any construction activity knowing
it involves an error, inconsistency or omission in or from the
Contract Documents, the Contractor shall assume responsibility
for such performance and shall bear all costs for correction,
and such performance shall constitute a waiver of any claim by
Contractor against EklecCo, arising from such error,
inconsistency or omission.
3. The Contractor shall take all necessary and appropriate field
measurements and observe and identify all conditions and other
information and make them, together with the Contract
Documents, known to and understood by its construction
manager, together with the Contract Documents before
commencing activities.
C. SUPERVISION AND CONSTRUCTION PROCEDURES
1. Contractor shall organize, supervise, coordinate and direct the
Work, using its best skill and attention.
Contractor shall be solely responsible for all construction
means, methods, techniques, sequences, phasing, coordination
and procedures, and for coordinating and protecting all
portions of the Work under the Contract.
2. In relation to EklecCo, Contractor shall not be relieved of
its obligations to perform the Work in accordance with the
Contract Documents, either by activities or duties of the
Architect, Engineer or by tests, inspections or approvals
required or performed by persons other than the Contractor,
even if hired or paid for by EklecCo.
3. The Contractor shall be responsible for inspection of
portions of the Work of other contractors as well as the
Contractor's own Work already performed to determine that
such other contractor's portions are in proper condition to
receive subsequent Work, independently of any other
inspections which may be applicable to Contractor's Work.
D. LABOR AND MATERIALS
I. Unless otherwise specifically noted, the Contractor shall provide and
pay for all labor, materials, equipment, tools, construction equipment and
machinery, water, heat, utilities, transportation, and other facilities and
services necessary for the proper and timely execution and completion of the
Work.
2. The Contractor shall use whatever materials are available which can be
pre-fabricated provided such fabrication is consistent with the quality
requirements of the specifications.
EklecCo
3. The Contractor shall, at all times, enforce strict discipline, safety,
cleanliness, proper conduct and good order among its employees, representatives,
consultants, Sub-Contractors and Vendors, and shall not employ on the Project or
for the Work any unfit person or entity or anyone unskilled in the task assigned
to that person or entity.
4. The Contractor shall advise EklecCo of the source from which its labor
will be obtained. If labor is obtained by the Contractor pursuant to a
collective bargaining agreement, the Contractor shall provide a copy of such
agreement to EklecCo before the commencement of the Work at the Project.
Contractor shall not assign or subcontract any portion of the Work without first
notifying EklecCo and recovering EklecCo's written approval.
5. Whenever the Contractor shall have a cause of action in a labor dispute
against a labor organization for injunctive relief in the state or federal
court, the Contractor shall have the duty to proceed forthwith to obtain such
relief.
6. Within twenty (20) days after the Contract has been executed, Contractor
shall submit to EklecCo three (3) copies of a complete list of major products or
materials proposed for installation, tabulated by specification section number
and title, listing the following information:
a. Name and address of manufacturer/supplier
b. Trade name
c. Model and catalog number
d. Manufacturer's data, including reference standards and performance test
data.
7 EklecCo will consider only a formal written request for the substitution
of products in place of those products specified (the "Specified").
8. By making a request for substitution of material, equipment or labor
(the "Proposed Substitute"), the Contractor shall make such request in writing,
separately for each such substitution and shall:
a) represent that the Contractor has personally investigated the Proposed
Substitute and determined that it is equal or superior in all respects to that
Specified;
b) represent that the Contractor will provide the same warranty for the
Proposed Substitute that the Contractor would for that Specified;
c) certify that the cost data presented is complete and includes all
related costs under this Contract;
d) coordinate the installation of the Proposed Substitute, as accepted by
EklecCo and Tenant, making such changes at Contractor's sole cost and expense as
may be required for the Work to be complete in all respects according to
schedule duration and completion;
e) represent that the Proposed Substitute complies with all architectural,
engineering and local, state and federal requirements, rules, laws and
regulations;
f) provide a list of all effects of substitution on this Contract or other
contracts; and
g) designate, as appropriate, availability of replacement, maintenance or
repair.
E. WARRANTY
1. The Contractor warrants to EklecCo that all material and equipment
furnished under this Contract will be new unless otherwise specified, and that
all Work will be of good and workmanlike quality, free from faults and defects,
fit for its intended purposes and in conformity with the Contract Documents. All
Work not so conforming to all these standards may be considered by EklecCo as
defective. If required by EklecCo, the Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment.
2. If required by EklecCo, Contractor shall provide a Warranty Bond at the
time of acceptance of Contractor's Work, which Warranty Bond shall be at
Contractor's expense, and contain, without limitation, a provision that
attorney's fees due EklecCo as obligee under the Bond are included in the Bond
coverage.
F. SALES AND USE TAX
I. The Contractor shall pay sales, consumer, use and similar taxes for the
Work or any portions thereof provided by the Contractor which are legally,
enacted when bids are received or negotiations concluded, whether or not yet
effective or merely scheduled to go into effect.
G. PERMITS. FEES AND NOTICES
I. The Contractor shall timely secure and pay all permits, governmental
fees and licenses necessary for the proper execution and completion of the Work,
which are specified as Contractor's responsibility and applicable at the time
the bids are received or negotiations concluded.
2. The Contractor shall give all notices and comply with all laws,
ordinances, rules, regulations and orders of any governmental or public
authority bearing on the performance of the Work. If the Contractor observes
that any of the Contract Documents pertaining to the Work are at variance
therewith in any respect, it shall promptly notify EklecCo in writing, and any
necessary changes shall be adjusted by appropriate Modification, at Contractor's
sole cost and expense. If the Contractor performs the Work or any activity which
is contrary to such laws, ordinances, rules and regulations, Contractor shall
assume full responsibility therefore and shall bear all costs attributable
thereto, including indemnification of EklecCo pursuant to the Contract.
3. The Contractor shall provide all Notices and Samples required by the
Contract Documents in a timely manner, best calculated to provide actual
information and Notice to EklecCo.
4. The Contractor shall notify EklecCo five (5) days prior to achieving any
construction milestones.
5. Contractor shall notify EklecCo testing agency at least 72 hours prior
to placing of concrete to allow for inspection. Nothing contained herein shall
relieve Contractor from its sole responsibility for engineering and construction
of framework.
H. SUPERINTENDENT
1. The Contractor shall employ a competent, experienced and responsible
Superintendent and necessary assistants who shall be at the Project Site at all
times during the progress of the Work. The Superintendent shall represent the
Contractor and all communications given to or received from the Superintendent
shall be as binding as if communicated with Contractor. The Superintendent shall
be knowledgeable of all phases of the Contract and the Work and requirements
thereof.
2. The Superintendent shall carry a portable phone at all times and shall
be available to address questions or emergencies at the Site, 24 hours a day,
seven days a week for the duration of the Project.
I. RESPONSIBILITY FOR THOSE PERFORMING THE WORK
1. The Contractor shall be fully responsible for the acts and omissions of
all its employees and all its Consultants, Sub-Contractors and Vendors, their
agents and employees, and all other persons performing any of the Work under
agreement or contract with the Contractor.
J. PROGRESS SCHEDULE
1. Within 48 hours after being awarded the Work, Contractor shall submit a
detailed progress schedule ("Progress Schedule") for the Work for EklecCo's
approval. The Progress Schedule shall be related to the entire Project to the
extent required by the Contract Documents. The Project Schedule shall indicate
sequencing and the dates for the starting and completion of the various stages
of construction and shall be revised by Contractor as required by the conditions
of the Work subject to EklecCo approval, and consistent with the Contract.
Nothing contained herein shall change the actual start and completion dates for
all of the Work contained in Article 3 of the Contract. Failure to provide such
Progress Schedule at any stage shall relieve EklecCo of any responsibility for a
delay claim by Contractor, in addition to any other remedy otherwise available
to EklecCo.
2. The Contractor shall participate in all schedule and job meetings as
directed by EklecCo.
3. The Contractor shall prepare and keep current a schedule of submittals,
for EklecCo's approval, which is coordinated with the Contractor's construction
schedule and allows EklecCo reasonable time to review submittals.
4. The Contractor shall conform to the most recent written schedules for
the Project.
5. Unless otherwise specified in the Contract Documents, a normal work day
shall be considered twelve (12) hours a day, with work commencing at 6:00 X.XX.
and ending at 6.00 P.M.; six (6) days a week. Unless otherwise specified in the
Contract, only work necessary to complete the schedule beyond the Contractor's
Scope of Work Lump Sum Contract Price, may result in Contractor's request for a
Change Order, pursuant to Section 4.2.1 of the Contract.
K. DRAWINGS AND SPECIFICATIONS AT THE SITE
1. The Contractor shall maintain at the Site for EklecCo's benefit, one
copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change
Orders and other Modifications, in good order and marked to record all changes
made during performance of the Work.
2. Upon completion of the Work, As-Built Drawings in a form and content
approved by EklecCo, shall be delivered by the Contractor to EklecCo. By
submitting the "As-Built" Drawings, Contractor certifies and represents that the
Work was built as shown on the drawings. This submission shall be a condition to
EklecCo's making Final Payment.
3. EklecCo may require that the Contractor secure EklecCo's approval of the
current status of the Project Record Documents prior to submitting each request
for progress payment, at the 30%, 60% and 90% steps of Contract completion.
L. SHOP DRAWINGS. SUBMITTALS AND SAMPLES
1. Shop Drawings are drawings, diagrams, illustrations, schedules,
performance charts, brochures and other documents which are prepared by the
Contractor or any Sub-Contractor, manufacturer, supplier or distributor, and
which illustrate some portion of the Work.
2. Product Data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the
Contractor to illustrate materials or equipment for some portion of the Work.
3. Samples are physical examples furnished by the Contractor to illustrate
materials, equipment or workmanship and to establish standards by which the Work
will be judged by EklecCo.
4. The Contractor shall review, stamp with its approval and submit with
reasonable promptness and in orderly sequence, all Shop Drawings, Product Data
and Samples required by the Contract Documents or by EklecCo so as to cause no
delay in the Work or in the work of any other contractor. Shop Drawings, Product
Data and Samples shall be properly identified as specified, or as EklecCo may
require. At the time of submission, the Contractor shall inform EklecCo in
writing of any deviation in the Shop Drawings or Samples form the requirements
of the Contract Documents.
EklecCo
5. By approving and submitting Shop Drawings, Product Data and Samples, the
Contractor thereby represents that it has determined and verified all field
measurements, field construction criteria, materials, catalog numbers and
similar data, or w ill do so, and that it has checked, coordinated and conformed
each submittal with the requirements of the Work and of the Contract Documents.
6. The Contractor shall direct specific attention in writing or on
resubmitted Shop Drawings to revisions other than the correction requested by
EklecCo or its architects or engineers on previous submissions.
7. Approval of Shop Drawings, Product Data or Samples by EklecCo or its
Agent shall not relieve Contractor of responsibility for any deviation from the
requirements of the Contract Documents unless Contractor has informed EklecCo in
writing of such deviation at the time of submission and EklecCo has given
written approval to the specific deviation. In no event shall such approval by
EklecCo relieve Contractor from responsibility for errors or omissions in the
Submittals.
8. No portion of the Work requiring a Shop Drawing, Product Data or Sample
submission shall be commenced until the submission has been approved by EklecCo
and Tenant's Appropriate Consultant. All such portions of the Work shall be in
accordance with approved Shop Drawings, Product Data and Samples.
M. USE OF SITE
1. The Contractor shall confine operations at the Site to areas permitted
by law, ordinances, permits, the direction of EklecCo and the Contract Documents
and shall not unreasonably encumber the Site with materials or equipment, or
interfere with access to or use of the Site by others.
2. Upon reasonable Notice from EklecCo, or reasonable request from another
Contractor due to staging or sequencing requirements, Contractor shall move or
relocate materials or equipment as directed, at no cost to EklecCo.
N. CUTTING AND PATCHING WORK
1. The Contractor shall do all cutting, fitting or patching of its Work
that may be required to make its several parts fit together properly and shall
not endanger any Work by cutting, excavating or otherwise altering the Work or
any part of it, unless specifically noted otherwise.
O. CLEANING UP
1. On a daily basis, Contractor shall keep the areas affected by its Work,
and the Work, free from accumulation of waste materials or rubbish caused by its
operations. Throughout its Work and at the completion of the Work, Contractor
shall remove all its waste materials and rubbish from and about the Project as
well as all its tools, construction equipment, machinery and surplus materials,
and shall clean all glass surfaces and leave the Work "broom clean" or its
equivalent, except as otherwise specified. The failure of Contractor to comply
with this condition shall entitle EklecCo to arrange for such clean up and
rubbish removal services as EklecCo in its sole discretion deems necessary, and
to Back Charge Contractor for the actual or apportioned costs of same, plus all
applicable administrative charges.
P. ACCESS TO WORK
1. The Contractor shall provide EklecCo access to the Work in preparation
and progress wherever located, at all times.
Q. ROYALTIES AND PAYMENTS
1. The Contractor shall pay all royalties and license fees. Contractor
shall defend all suits and claims for infringement of any patent rights and
shall save EklecCo harmless from all loss on account thereof including
reasonable attorneys fees and litigation expenses, except that EklecCo shall be
responsible for all such loss when a particular design, process or the product
of a particular manufacturer or manufacturers is specified, but if the
Contractor has reason to believe that the design, process or product specified
is an infringement of a patent, the Contractor shall be responsible for such
loss unless it promptly gives such information to EklecCo.
ARTICLE-4 SUB-CONTRACTORS
A. DEFINITION
I.A Sub-Contractor is a person or organization who has a direct or indirect
agreement or contract with a Contractor to perform any of the Work at the Site
and includes, where appropriate, Vendors. The term "SubContractor" is referred
to throughout the contract Documents as if singular in number and means a
SubContractor or any authorized representative thereof. All subcontractors must
appear on a list submitted by Contractor pursuant to Section B4 below.
2. Nothing contained in the Contract Documents shall create any contractual
relation between EklecCo and any Sub-Contractor.
B. AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
1. Unless otherwise specified in the Contract Documents or in the bidding
requirements, the Contractor shall furnish in writing to EklecCo with its bid,
and update not later than 10 days after Notice of Award, the following: (a) a
list of the principal portions of the Work and the names of persons or entities
responsible for
each one; (b) the names of persons or entities proposed as manufacturers
for each of the products identified in the Scope of Work, and, where applicable,
the name of the installing Sub-Contractor; (c) a Sub-Contractor/Vendor
Evaluation Sheet for each Sub-Contractor or Vendor listed by Contractor pursuant
to this paragraph, and EklecCo shall promptly notify the Contractor if EklecCo
has reasonable objections to any Sub-Contractor or Supplier on such list; (d) a
copy of each contract with each Sub-Contractor or Supplier, or an abstract of
the terms of such contracts.
2. The Contractor shall not contract with any Sub-Contractor, Vendor or any
person or organization (including those who are to furnish materials or
equipment fabricated to a special design) proposed for any portions of the Work
designated in the Contract Documents, who has been rejected by EklecCo or
Tenant. The Contractor will not be required to contract with any Sub-Contractor
or person or organization against whom it has a reasonable objection.
3. If in its sole judgment and discretion, EklecCo a Tenant or municipality
or governing body having jurisdiction over work refuses to accept any
Sub-Contractor, Vendor or person or organization on a list submitted by the
Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute within three (3) business days.
4. The Contractor shall not make any substitution for any Sub-Contractor or
person or organization who has been accepted by EklecCo unless the substitution
is accepted in advance in writing by EklecCo.
5. Contractor shall not enter into any Subcontract the terms of which are
in conflict with the Contract and Contract Documents. Contractor shall make a
part of its contracts or Purchase Orders with Sub-Contractors and Vendors
respectively, all such terms and requirements as are necessary to make such
sub-contracts and Purchase Orders in compliance with the Contract Documents, and
to promote the timely, efficient and effective goals of the Contract Documents.
6. Nothing in this section shall be interpreted or construed to create any
obligation of EklecCo to any Sub-Contractor, potential Sub-Contractor, Vendor or
Supplier, except as provided under the statutory and common law of the State of
New York.
C. SUBCONTRACTUAL RELATIONS
I. All work performed for the Contractor by a Sub-Contractor shall be
pursuant to an appropriate written agreement between the Contractor and the
Sub-Contractor (and where appropriate between Sub-Contractor and
Sub-sub-contractors) which shall, at a minimum, contain provisions that:
a. Preserve and protect the rights of EklecCo under the Contract with
respect to the Work to be performed under the subcontract so that the
subcontracting thereof will not prejudice such rights; and
b. Require that such Work be performed in accordance with the requirements
of the Contract Documents; and
c. Require submission to the Contractor of applications for payments under
each subcontract to which the Contractor is a party in proper form and within a
reasonable time to enable the Contractor to apply for payment and which comply
with EklecCo's payment terms; and
d. Contain a waiver all rights the contracting parties may have against one
another for damages caused by fire or other perils covered by the property
insurance, except such rights as they may have to the proceeds of such insurance
held by EklecCo as trustee; and
e. Require as a condition of each payment, submission of a "Payment Receipt
and Waiver of Right to File Lien" to the Contractor in the format required by
EklecCo; and
f. Contain all such provisions as are required for compliance by Contractor
with the Contract, EklecCo's Construction or Permanent Loan Agreement, other
contractor's contracts, any contract with the Town of Xxxxxxxxxx, Xxxxx xx Xxx
Xxxx, Xxx Xxxxxx Xxxxxx, any lender and any Contract between EklecCo and Tenant.
ARTICLE 5- SEPARATE CONTRACTS
A. OWNER'S RIGHT TO AWARD SEPARATE CONTRACTS
I. EklecCo reserves the right to award separate contracts in connection
with separate portions of the Project under these or similar Conditions of the
Contract. This has been carefully considered by the Contractor in formulating
and submitting its bid to EklecCo.
2. When separate contracts are awarded for different portions of the
Project, the "Contractor" in the Contract Documents in each case shall be the
Contractor who signs each separate contract.
B. RESPONSIBILITY AMONG CONTRACTORS
1. The Contractor shall afford other contractors reasonable opportunity for
the introduction and storage of their materials and equipment and the execution
of their work and shall properly connect and coordinate its Work with theirs.
2. The Contractor shall inspect and promptly report to EklecCo any apparent
discrepancies or defects in such work by other contractors that render it
unsuitable for such proper execution and results. Failure of the Contractor to
inspect and report shall constitute acceptance of the other contractor's work as
fit and proper to receive the Contractor's Work, except as to defects which may
develop in the other contractor's work after the execution of the Contractor's
Work, in which case, Contractor shall be responsible to settle any dispute
between it and any such other contractor.
EklecCo
3. The Contractor shall promptly remedy any damage to the Work, or work
area of others, caused by the Contractor, to be completed prior to construction
by other contractors. All such remedial work shall be considered as part of the
Contract Work.
4. If another contractor brings a claim against EklecCo, on account of any
costs or damages alleged to have been sustained by such other contractor to its
work or by delay in the availability or access to its work area, by reason of
the act, omission or conduct of Contractor, EklecCo shall notify the Contractor,
who shall defend such proceedings at the Contractor's sole expense, and if any
judgment or award against EklecCo arises therefrom, the Contractor shall
indemnify and hold EklecCo, its partners, agents, representatives and employees,
harmless and shall promptly pay or satisfy any judgment or award, and shall
reimburse EklecCo for all reasonable litigation costs and attorney's fees which
EklecCo has incurred.
ARTICLE 6- PAYVIENTS AND COMPLETION
A. SCHEDULE OF VALUES
1. Before the Contractor commences the Work, Contractor shall submit to
EklecCo a Schedule of Values of the various portions of the Work, including
quantities, aggregating the total consideration, fairly divided so as to
facilitate payments to Contractor, prepared in such form as acceptable by
EklecCo, and supported by such data to substantiate its correctness as EklecCo
may require. Each item in the Schedule of Values shall include Contractor's
proper share of applicable taxes, overhead and profit. This schedule, when
approved by EklecCo, shall be used as a basis for the Contractor's Requisition
for Payment, but may not be used by Contractor for any other purpose.
B. SUBSTANTIAL COMPLETION
1. Substantial Completion is the stage in the progress of the Work when the
Work or designated portion thereof is sufficiently complete in accordance with
the Contract Documents so EklecCo can occupy or utilize the Work for its
intended use, and EklecCo can obtain a certificate of occupancy or other local
approval for the Work, if appropriate.
2. When the Contractor considers that the Work, or a portion thereof is
substantially complete, EklecCo shall prepare and submit to Contractor, prior to
EklecCo's acceptance, a comprehensive list (the "Punch List") of items to be
completed or corrected. The Contractor shall proceed promptly to complete and
correct items on the Punch List. Failure to include an item on the Punch List
does not alter the responsibility of the Contractor to complete all Work in
accordance with Contract Documents.
3. Upon receipt of the Contractor's Punch List, EklecCo and/or the
municipality or governing body having jurisdiction over the Work will make an
inspection to determine whether the Work or designated portion thereof is
substantially complete. If EklecCo's inspection discloses any item, whether or
not included on the Contractor's Punch List, which is not in accordance with the
requirements of the Contract Documents, the
EklecCo
Contractor shall complete or correct each such item. The Contractor shall
then submit a request for another inspection by EklecCo to determine Substantial
Completion.
C. FINAL COMPLETION AND FINAL PAYMENT
I. Upon receipt of Contractor's written Notice that the Work is ready for
final inspection and final acceptance, EklecCo, and such others as may be
designated by a Tenant or Lender, will make such inspection.
2. Neither Final Payment, nor any remaining retained percentage, shall
become due until the Contractor submits to EklecCo the following:
a. An affidavit or certificate that payrolls, bills for materials and
equipment and other indebtedness connected with the Work have been paid or
otherwise satisfied, including but not limited to "Payment Receipt and Waiver of
Right to File Lien" from Sub-Contractors and suppliers, other releases or
waivers of liens and claims, and releases of security interest or encumbrances
arising out of the Contract, together with an executed agreement whereby
Contractor indemnifies and holds harmless EklecCo and from any claim or matter
which might arise from a breach of Contractor's representation of payment
described herein, to the extent and in such form as may be designated by
EklecCo;
b. A one-year guarantee or warranty of the Work which runs from midnight of
the day upon which all the Work was finally accepted;
c. All guarantees, warranties and service manuals for equipment installed,
in a form approved by EklecCo;
d. Project Record or "As-Built" drawings approved by EklecCo and Tenant;
and
e. Final acceptance of the Work by the Owner, Construction Lender and
Tenant, as applicable.
ARTICLE 7- PROTECTION OF PERSONS AND PROPERTY
A. SAFETY OF PERSONS AND PROPERTY
1. The Contractor shall take all reasonable precautions for the safety of,
and shall provide all reasonable protection to prevent damage, injury or loss
to:
(a) all employees of the Contractor or who are performing the Work, and all
other persons who may be affected thereby; and
(b) all the Work and all materials and equipment to be incorporated
therein, whether in storage on or off the Site, under the care, custody or
control of the Contractor or any of its Sub-Contractors; and
EklecCo
(c) other property at the Site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of construction.
2. Contractor shall comply with all applicable laws, ordinances, rules,
regulations and lawful orders of any public authority having jurisdiction for
the health and safety of the public, persons or property or to protect the
public, persons or property from damage, injury or loss. Contractor shall erect
and maintain, as required by existing conditions and progress of the Work, all
necessary safeguards for health, safety and protection, including the erection
and maintenance of barriers and the posting and maintenance of danger signs and
other warnings against hazards, as promulgating safety regulations and notifying
owners and users of adjacent utilities.
3. When the use or storage of explosives or other hazardous materials or
equipment is necessary for the execution of the Work, the Contractor shall
exercise the utmost care and shall carry on such activities under the
supervision of properly qualified personnel, and in compliance with all laws,
rules and regulations;
4. All damage or loss to any property referred to in Article 7 A-I (b)
above, shall be remedied by the Contractor. All damage or loss to any property
referred to in Article 7A-l (c) above, caused by the Contractor, its employees
or agents shall be remedied by the Contractor, at Contractor's cost and expense.
5. Contractor shall designate a responsible member of its organization at
the Site whose duty shall be the prevention of accidents. This person shall be
the Contractor's superintendent unless otherwise designated in writing to
EklecCo by the Contractor.
6. Contractor shall not load or permit any part of the Work to be loaded so
as to endanger its safety.
7. Contractor shall be responsible for identifying and giving EklecCo, in
writing, Notice of any safety hazards immediately upon discovery.
B. FIRE PROTECTION
1. Contractor is to develop and follow a fire fighting program through out
all phases of any construction and demolition Work involved. The program shall
provide for Contractor to maintain at the Site of the Work effective fire
fighting equipment (the "Fire Fighting Equipment") Sufficient to meet all fire
hazards related to the Work as they occur.
2. The Fire Fighting Equipment shall be conspicuously located and readily
accessible at all times, and be maintained in operating condition. The Fire
Fighting Equipment shall include, but is not limited to, a fire extinguisher of
a type suitable for extinguishing all types of fire that may ignite from the
combustible materials and equipment in the Contractor's scope of Work.
C. EMERGENCIES
1. In any emergency affecting the safety of persons or properly, Contractor
shall act, using its discretion reasonably applied, to prevent threatened
damage, injury or loss.
ARTICLE 8- INSURANCE
A. CONTRACTOR'S LIABILITY INSURANCE
1. Original Certificates of lnsurance, in accordance with the requirements
of the Contract Documents, acceptable to EklecCo shall be filed with EklecCo
prior to commencement of the Work. These certificates shall contain a provision
that coverages afforded under the policies will not be canceled until at least
forty-five (45) days after written Notice has been given to EklecCo. Where
required by Tenant or Lender, Tenant and/or Lender shall be named as an
Additional Named Insured. In addition, where required by Tenant or Lender,
Contractor shall purchase and keep in force, Contractor's Liability Insurance in
Contractor's name insuring any of Contractor's Indemnification obligations to
EklecCo under the Contract.
2. In the event Contractor shall fail to obtain or maintain any Insurance
required by the Contract, EklecCo shall have the right, but not the obligation,
without notice immediately to purchase such Insurance, all of the costs of which
shall be reimbursed to EklecCo by Contractor either directly, or through
non-contestable Back charge, at EklecCo's option.
ARTICLE 9- UNCOVERING AND CORRECTION OF WORK
A. UNCOVERING THE WORK
1. If any Work should be covered by Contractor ("Covered Work"), (or by
another as a result of Contractors direction, acts or omissions) prior to any
necessary inspection, including an inspection by EklecCo, or any building
inspector having appropriate jurisdiction, Contractor must, if required by
EklecCo or such inspector, uncover the Covered Work for inspection, and recover
it at the Contractor's sole expense, without Modification Agreement, and, if at
all possible, without change in Contract duration or schedule.
B. CORRECTION OF WORK
1. Contractor shall promptly correct all Work rejected by EklecCo, Tenant
or Lender as defective or as failing to conform to the Contract Documents.
Contractor shall bear all cost of correcting such rejected Work,
including the cost of the architect's, engineer's, consultant's EklecCo's
additional services thereby made necessary.
2. If, within one year after the Date of Final Completion and Acceptance by
EklecCo or within such longer period of time as may be prescribed by law or by
the terms of any applicable conditions required by the Contract Documents, any
of the Work is found to be defective or not in accordance with the Contract
Documents, Contractor shall correct it promptly after receipt of a written
notice from EklecCo to do so, unless EklecCo has previously given Contractor a
specific written acceptance of such condition of defect or non-compliance.
3. All defective or non-conforming Work shall be removed from the Site if
necessary and the Work shall be corrected to comply with the Contract Documents
without cost to EklecCo. The Contractor shall bear the cost of making good all
work, including work of others destroyed or damaged as a result of such removal
or correction.
4. If Contractor fails to remove and correct such defective or
non-conforming work, EklecCo may remove and correct it, at the Contractor's
expense, pursuant to the Contract Documents.
C. ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK
1. If EklecCo prefers to accept defective or non-conforming work, it may do
so instead of requiring removal and correction, in which case a Change Order
will be issued to reflect an appropriate reduction in the Contract Sum, or, if
the amount is determined after final payment, it shall be paid promptly by
Contractor.
ARTICLE 10-PERFORMANCE BOND
A. Contractor shall indicate that it can furnish bonds covering the
faithful performance of the Contract and the payment of all obligations arising
thereunder, including performance of its Work, payment of its bills. removal of
liens and warranty of work, if; and as required in the Contract Documents.
ARTICLE 11 -TESTS
A. If the Contract Documents, or any applicable laws, ordinances, rules,
regulations, orders or permit or approval conditions of any public authority
having jurisdiction require any Work to be inspected, tested or approved,
Contractor shall give EklecCo and such public authority timely notice of
readiness and of the date arranged, so EklecCo and such public authority may
make such inspection, testing or approval. Unless the Contract Documents
specifically provide otherwise, Contractor shall bear all costs of such
inspections, tests and approvals, and any Work necessary after inspection, to
gain any required approvals.
B. If EklecCo reasonably determines that any Work requires special
inspection, testing, or approvals which Article II, Subparagraph A above does
not include, EklecCo will instruct Contractor to order such special inspection,
testing or approval. If such special inspection or testing reveals a failure of
the Work to comply (I) with the requirements of the Contract Documents or (2)
with any applicable laws, ordinances, rules, regulations, orders or permit or
approval conditions of any public authority having jurisdiction, Contractor
shall bear all costs thereof; including any architect's, engineer's,
consultant's or agent's additional services made necessary by such failure. If
such special testing or inspection reveals that the Work complies with the
Contract and applicable laws, EklecCo shall bear all costs thereof.
C. Contractor shall timely provide to EklecCo all certificates of
inspection and testing pursuant to its Scope of Work, based upon inspection of
the Work; inspection to be done by others. EklecCo shall provide inspection and
testing services, as outlined in Section 2.10 of this Contract.
D. Neither an inspection, nor observations by EklecCo of inspections, tests
or approvals by Contractor or any other persons shall relieve Contractor from
its obligations to perform the Work in accordance with the Contract Documents.
E. Contractor shall indemnify, defend and hold harmless EklecCo and its
agents, employees, partners, representatives. successors, attorneys, insurers
and assigns from any and all claim, causes of action, cross claims,
counterclaims, third-party actions or matters, whether in law or in equity,
arising from or relating to EklecCo's usage or reliance upon tests or documents
required and secured under this section.
ARTICLE 12- PROJECT MEETINGS
A. GENERAL PROVISIONS
1. PURPOSE
To provide a forum for the Contractors on the Project to have an orderly
daily review during progress of the Work, for systematic discussion of
coordination, scheduling and details. EklecCo will require Contractors
participation at project meetings throughout the construction period, to meet
their contractual obligations and to take all necessary action to keep the Work,
the Project and Site operating smoothly and efficiently, without delay or
interruption, during construction of the Project.
2. For those persons designated by the Contractor to attend and participate
in project meetings. Contractor shall provide required authority to commit the
Contractor to solutions agreed upon in the project meetings.
B. EXECUTION
1. MEETING SCHEDULE
a. Project meetings will be held daily at 6:30 a.m. or at such other or
additional time as designated by EklecCo.
b. Contractor will be subject to a fine of S200 for each missed meeting.
2. MEETING LOCATION
a. EklecCo will establish a meeting location. To the maximum extent
practicable, meetings will be held on the job site, at a location to be
determined by EklecCo.
3. PROJECT MEETINGS
a. Attendance
i. Contractor's Superintendent is required to attend each and every
meeting.
ii. To the maximum extent practicable, Contractor will assign the same
person or persons to represent the Contractor at project meetings throughout
progress of the Work. Whoever is assigned is expected to be sufficiently
knowledgeable and experienced to provide meaningful participation.
iii. Subcontractors, materials suppliers, and others may be invited to
attend those project meetings in which their aspect of the Work is involved.
b. Typical agenda
i. Contractors' Review progress of the Work since last meeting, including
status of submittals for approval.
ii. Contractors' Review coordination of work with other trades.
iii. Contractors' Review schedules.
iv. Contractors' Identify problems which impede planned progress.
v Contractors' Develop corrective measures and procedures to regain planned
schedule.
vi. Contractors' Review quality issues
vii. Contractors' Review safety issues
viii. Complete other current business.
c. EklecCo's participation in Project meetings
1. EklecCo may, but need not have a representative attend Project meetings.
Such attendance at a Project meeting by a EklecCo representative shall be for
informational purposes only unless intervention by EklecCo is required pursuant
to the terms of the Contract.
ARTICLE 13- SUBNTITTALS AND SUBSTITUTIONS
A. GENERAL
1. DESCRIPTION
a. Work included: Create submittals required by the Contract Documents, and
revise and resubmit as necessary to establish compliance with the specified
requirements.
b. Related Work:
i. Documents affecting work of this Article include, but are not
necessarily limited to, the General Conditions, Supplementary Conditions, and
Division I of these Specifications.
ii. Individual requirements for submittals also may be described in
pertinent Articles of the Specifications.
iii. Contractor must submit Material Safety Data Sheets (MSDS) for all
potentially hazardous chemicals or materials to be used in Contractor's scope of
work.
c. Work not included:
i. Non-required submittals will not be reviewed by EklecCo or its
Consultants.
ii. The Contractor may require its subcontractor to provide drawings,
setting diagrams and similar information to help coordinate the Work, but such
data shall remain between the Contractor and its subcontractors and will not be
reviewed by EklecCo or its Consultant.
2. QUALITY ASSURANCE
a. Coordination of submittals:
i. Prior to each submittal, carefully review and coordinate all aspects of
each item being submitted.
ii. Verify that each item and the submittal for it conform in all respects
with the specified requirements. Contractor is solely responsible for
correctness of dimensions and quantities and fitting to other work; verification
of physical interrelation of elements of the Work from plans and specifications
and in the field; fabrication procedures; construction methods; techniques and
sequences.
iii. Contractor is to review, sign and stamp each submittal. By affixing
the Contractor's signature and stamp to each submittal, Contractor certifies
that coordination has been performed. Submittals will not be reviewed by EklecCo
or Consultant without prior review by the Contractor.
b. Substitutions:
i. The Contract is based on the standards of quality established in the
Contract Documents. EklecCo reserves the right to decline Substitutions which
are not listed at time of bidding.
ii. The following products do not require further approval except for
interface with the Work:
A) Products specified by reference to standard specifications such as ASTM
and similar standards.
B) Products specified by manufacturer's name and catalog model number.
iii. Do not substitute materials. equipment. or methods unless such
substitution has been specifically approved in writing, in advance, for this
Work by EklecCo.
c. "Or equal":
i. Where the phrase "or equal", or "or equal as approved by the
Consultant", occurs in the Contract Documents, do not assume that the materials,
equipment, or methods will be approved as equal unless the item has been
specifically so approved for this Work in advance, in writing by the Consultant,
offer notice to EklecCo.
ii. The decision of the Consultant as approved by EklecCo shall be final.
SUBMITTALS
a. Make submittals of Shop Drawings, Samples, substitution requests and
other items in accordance with the provisions of this Section.
EklecCo
4. SUBSTITUTIONS
a. All substitution recommendations will also require the submittal of a
complete listing of all other work areas which may be affected by the
substitution along with a list of costs savings potential before and after all
affected areas have been factored. EklecCo will rely on such listing.
B. PRODUCTS
1. SHOP DRAWINGS
a. Scale and measurements: Shop Drawings are to be made accurately to a
scale sufficiently large to show all pertinent aspects of the item and its
method of connection to the Work.
b. Types of prints required:
i. Submit Shop Drawings in the form of one sepia transparency of each sheet
plus three blue line or black line prints of each sheet.
ii. Blue prints alone will not be acceptable.
c. Review comments of the Consultant will be shown on the sepia
transparency when it is returned to the Contractor. The Contractor may make and
distribute such copies as are required for its purposes.
2. MANUFACTURERS' LITERATURE
a. Provide Sample(s) identical to the precise article proposed to be
provided. Identify per Section C. I. below.
b. Number of Samples required:
i. Unless otherwise specified, submit Samples in the quantity which is
required to be returned, plus two which will be retained by EklecCo and
Consultant.
ii. By written pre-arrangement in specific cases, a single Sample may be
submitted for review and, when approved, be installed in the Work at a location
agreed upon by EklecCo.
PRIVILEGED CONFIDENTIAL
MEMORANDUM
TO: E-076S File Steel Erection
FROM: Xxx Bold
DATE: June 12, 1996
RE: A meeting between Xxx Xxxxxx, Xxx Xxxxxx, and Xxx Bold
The purpose of the meeting was to discuss the US Bridge of New York, Inc
proposal relating to Palisades Center
Xxx and Xxx Xxxxxx presented their revised pricing, which reflected some
revised union work rule changes and some additional aggressive pricing on their
part from a management stand point. Their revised price at the on set of the
meeting was $8,500,000.00. We continued the discussions relative to schedule,
specifically discussing Tower I and our need for accelerating their proposed
schedule for Tower I as it relates to the turn over of the Home Depot space. The
issue of accelerating the Tower I schedule ended up as shift work using two
shifts on Tower I of seven hours each with a make up day on Saturday. Xxx
discussed with both the Operating Engineer's union and the Iron Workers Union
the proposed arrangement. They both agreed that the shift work for the steel
would be at straight time, plus the make up on Saturday at straight time. The
operating engineers agreed to man both shifts at straight time. We finalized the
negotiation at $8 200.000.00. Xxx responded that was agreeable, but with a
two-week pay cycle. I took it back to the group and the group countered saying
we would only be able to make one intermediate payment to US Bridge of New York,
Inc. relating only to the Tower I portion.
Our final agreement is $8,200,000.00 with one intermediate payment and our
previously agreed upon payment terms that are invoice on the 25th, pay on the
15th with a 2% discount.
MEMORANDUM
TO: E-0765 File. Steel Erection
FROM: Xxxxx Xxxxxx
DATE: June 12, 1996
RE: A meeting between Xxx and Xxx Xxxxxx of US Bridge of New York, Inc.
ATTENDEES:
EklecCo: Xxxxx Xxxxxx
Xxxx Xxxxxx
Xxx Bold
Xxxx Xxxxxx
Xxxx started the meeting by explaining that prior to this award we wanted
to go through a few additional issues We may have covered some of those issues
already and some may not have been, but we just wanted to clarify them. Once
discussed, Xxxxx will dictate a memorandum and this memorandum will be an
exhibit to the contract should we award to US Bridge of New York, Inc.
The first issue was the union situation. US Bridge of New York, Inc. is a
union contractor and Xxxx Xxxxxx stated that we do not want any problems on the
site, EklecCo does not want disharmony. EklecCo has no problem with US Bridge of
New York, Inc. functioning as a union contractor, but did not want any problems
with any of the other contractors on the site. For example, if US Bridge of New
York, Inc. has a master mechanic on site, this will not effect any other
contractors working there. This is not a union job, it is an open shop with a
prevailing wage agreement. If there were any union trouble makers on the site,
we would expect them to be removed. Xxx Xxxxxx responded, "My workers on the
site are iron workers, not organizers, so we will remove them if necessary". Xxx
also added, "There will be a two gate system in place if needed and my workers
will honor a two-gate system and continue to work if necessary because my
workers will use it if there are pickets."
Xxxx Xxxxxx then explained he thought it was a good time to bring up the
prevailing wage agreement that EklecCo has signed with the unions. The unions
and EklecCo have agreed to work in harmony. Xxxx Xxxxxx stated that if the
unions were to picket this job for any reason, it would then void this
prevailing wage agreement. Xxx responded, "I know how the agreement was put
together."
Xxxx Xxxxxx then asked Xxxx Xxxxxx to review his discussions on flexibility
and schedule, realizing we have covered it several times but also this morning.
Xxxx exclaimed that due to possible land problems in Phase lit may be necessary
to do some of the erection, possibly area 7 and area 8, out of sequence or at a
later date. Xxx Xxxxxx agreed that they had discussed this earlier and whatever
areas that EklecCo needs US Bridge of New York, Inc can adjust the timing
on areas 7 and 8. He can do the other areas out of sequence as long as the
fabricator can supply his two cranes that he will have in each area Xxx also
stated, "If necessary, we would shut down the cranes and remobilize
Xxx Xxxxxx then brought up the roadways he is expecting to see out on the
site. He needs two strips down the pad. I noted that the entire building pad has
a 3.5' lift of stone, geogrid, and fabric serving as a construction mat and this
should be sufficient. Xxxx Xxxxxx brought up the soft area that we recently
encountered near Tower 3, where the mud wave occurred, and that it would be a
good idea to avoid this area when erecting. Xxx Xxxxxx stated, "That is what
Xxxx Xxxxxxx does out on the site and we can work around it."
Xxxx Xxxxxx then asked Xxx Bold to review the shift work that was
negotiated earlier today for Tower 1. Xxx explained that basically the agreement
was that US Bridge of New York, Inc. would employ two seven hour back to back
shifts each day and that they would have a make up day on Saturdays. This
agreement went for iron workers as well as operators. Saturdays will serve as a
rain day make up. This allows us to accelerate the Tower 1 schedule beyond what
is shown in the contract schedule but we are unable to ascertain the effect it
will have on the schedule at this point. Xxx Xxxxxx agreed with this assessment.
Xxx stated, "I can only agree to durations at this point for schedule. Only
after I meet with the foundation contractor, fabricators, and see the site
progress can I nail down the exact dates."
Xxxx Xxxxxx thought it was a good time to bring up the contract
administrators that EklecCo has out in the field are basically out there to
administer the contract. They really do not have a tremendous amount of
knowledge of construction, so EklecCo is relying heavily on US Bridge of New
York, Inc. as experts in the steel erection area." Xxx stated, "I understand".
Xxxx Xxxxxx stated, "I hope that I can say with a straight face that US
Bridge of New York, Inc. has had adequate time to review the drawings as the
negotiations have been going on since March." Everyone laughed and Xxx Xxxxxx
responded, "Yes. we have had plenty of time and we know the drawings very well."
US Bridge of New York, Inc. has had plenty of time to review the plans,
accepts them, and are comfortable with the plans. Xxx Xxxxxx asked about the
survey on the site, what would be provided. I explained to Xxx Xxxxxx that
EklecCo has provided a benchmark and two column lines that intersect at one
column point. The foundation contractor then takes it to do all of his layout
that US Bridge of New York, Inc. will then survey and continue. US Bridge has
been told that the responsibility for the survey is theirs and the
responsibility for the anchor bolts is handed from the foundation contractor to
them and it is US Bridge of New York, Inc.'s responsibility to review and accept
them if they are correct or work out any problems directly with the foundation
contractor.
PRIVILEGED & CONFIDENTIAL
MEMORANDUM
TO: E-076S File: Steel Erection
FROM: Xxxx Xxxxxx
DATE: June 4,1996 (10:00 a.m.)
RE: Phone conversation with Xxx Xxxxxx of US Bridge
ATTENDEES:
EklecCo: Xxxxx Xxxxxx
Xxxx Xxxxxx
Xxx Bold
I asked Xxx Xxxxxx to give us an update on his phone conversation with Xxxx
Xxxxxx of the local union that was scheduled to take place earlier this morning.
Xxx went on to explain the phone conversation. The unions are very concerned
that if they give special treatment for this project the entire prevailing wage
for this entire region would be affected in the same manner. Xxxxx Xxxxxx jumped
in and explained that this job is not a prevailing rate wage job per say, but we
have agreed to pay the prevailing wage rates. Xxx went on to explain that the
unions are not allowed to have two rates. If they were to give us favoritism on
the rate then the State could go to court and get the same rate Xxx then
explained that Xxxx Xxxxxx said he is still thinking about the rate. I then
reaffirmed our meeting with Xxx at the site tomorrow at 3:00 p.m. with Xxxxx and
Xxxx Xxxxxx.
cc: Xxxxx Xxxxxx
Xxxx Xxxxxx
Xxx Bold
Xxx Xxxxxxx
COMMITMENT
MEMORANDUM
TO: Steel Erection File
FROM: Xxxxx Xxxxxxxx
DATE: May 31, 1996
RE: Meeting with US Bridge and EklecCo
Present from US Bridge via teleconference are Vice President, Xxx Xxxxxx,
President, Xxx Xxxxxx and on Site Supervision, Xxxx Xxxxxxx. Xxxxxxx Xxxxx and
Xxxxx Xxxxxxxx are present from EklecCo. US Bridge representatives understand
that they can interrupt the dictation of this memorandum at any time to make any
additions and/or changes to the dictation.
I started the meeting out by explaining to US Bridge that EklecCo is
obtaining a Commitment Memo from the top three bidders for steel erection. Once
the memos are complete they are presented to the group along with the bids. U.S.
Bridge understands the Commitment Memo is evaluated seriously by the group in
order to determine who will be awarded this Contract.
I next asked US Bridge, putting price aside what can they offer EklecCo for
the erection of steel that would convince EklecCo to award the steel erection
contract to them9 Xxx Xxxxxx stated "We are committed to service and
coordination. We will handle all of the coordination for this Project." Xxx also
stated, "We have access to our own men. I have guys setup from Canada currently
and I also have men from the local unions." Xxx continued by stating, "I am the
co-chairman of the union funds in the area".
Xxx stated, "If awarded this job, I would have Xxxx Xxxxxxx set up an
Advance Shipment List which would be given to our fabricators." Xxx stated, "We
divide the building up into subdivided areas and we basically build the building
on paper to give to the fabricator."
Xxx stated, "We continually check with the fabricator to make sure that he
will be able to meet the schedule that we have given them. We order the steel
from the fabricator."
I asked Xxx, Xxx and Xxxx about their coordination with the fabricator and
how would they handle any possible field conflicts. Xxx stated, "We will
coordinate very closely with the fabricator and detailer to get the job done in
a fast time."
Xxx wanted to add to the memo, that he has requested if they are awarded
this project that they want an immediate meeting with our fabricator and the
detailer so they can be brought up to speed and put on the same page as one
another and work together harmoniously.
PRIVILEGED & CONFIDENTIAL
I explained to US Bridge that we have Contract Administrators on site and
have no Construction Managers or General Contractors. I also explained that our
Contract Administrators have no previous construction experience, and this was
done purposely, so their opinions are unbiased. I asked US Bridge how they would
handle filling in any gaps that would develop on site due to this condition. Xxx
stated, "We will coordinate with the other trades. We will also copy the
Contract Administrators on any of the information that develops between this
coordination to make them aware of what is happening." Xxx also stated, "We are
ready and willing to take on this responsibility." I explained to Xxx that we
have a morning meeting every morning at approximately 7.30 and at least one
representative from each Scope of Work attends that meeting to put any issues on
the table that they may have to coordinate the overall Project. Xxx stated,
"This would work good for us." He also said that they have a surveying crew that
will continually be on site and one member from the survey crew will attend the
meeting along with Xxxx Xxxxxxx.
I next explained to US Bridge, that if EklecCo were to hire their company,
it would be because of their expertise. EklecCo, as the Developer, looks to the
people we hire to have all of the expertise. Xxx stated, "The main thing we have
to offer is our expertise. I have been trying to get this across for the past
two months. One of our strongest suits is coordinating and getting the entire
package together using our expertise." Xxx then wanted to add, "The expertise is
used best in the early part of the Project when the fabricator, detailers and
erectors meet to get everyone on the same page and start the coordination
process on the right foot."
I next asked, "What is the last mall project that US Bridge worked on9" Xxx
stated, "It was the Concourse Plaza, and we used three cranes on this project
and erected approximately 5,000 to 6,000 tons of steel." Xxx stated, "We have
built numerous buildings in the past and I have been in the business since 1956
and opened my own business in 1966, so I have a lot of experience under my
belt."
I next told Xxx since he has worked on many projects in the past, he
understands that flexibility is key in any project. Xxx stated, "You have to be
flexible. As long as the steel is not missing in the building and access is
still available, we will be able to move around at your direction and be very
flexible".
If for some reason the Scope of Work changes and a Change Order becomes
necessary, US Bridge is not to go ahead with any work without written
authorization. Xxx stated "we use what is called a XXX form. Which is a
notification form given to EklecCo which shows any changes that have evolved,
and if they affect or do not affect our project, we even flag any drawing
changes and make EklecCo aware of the changes."
In closing I asked US Bridge if they could sum up their overall commitment
to us. Xxx stated, "We are very, very interested in getting this work. We are
the people for this Project. We are willing to give a full commitment for this
work and do the best job for you."
PRIVILEGED & CONFIDENTIAL
MEMORANDUM
TO' Steel Erection File E-076(S)
FROM. Xxxx Xxxxxx
DATE. May 24,1996 at 2:00 p.m.
RE: Phone Conversation with Xxx Xxxxxx from US Bridge
I opened the phone conversation by explaining that we would be sending U.S.
Bridge the newest and most revised plans dated 5/22/96, two blue line copies, in
addition to one set of sepias. Xxx asked that they be delivered on Tuesday, May
28,1996 rather than Saturday.
I explained to Xxx that there are changes on these plans, however, we
expect no cost impact from the changes. I explained that changes are really the
nature of our business and I am sure that there will be more changes as tenancy
progresses. I then explained to Xxx that US Bridge's pricing and Contract are
"in line" and the next step is to make sure that their Scope of Work is equal to
their competitors.
I then explained to Xxx that it is EklecCo's intent when awarding the Scope
of Work to include everything necessary to complete the structural steel and
accessories. We are buying a Structural Erection package for all the steel
required to erect the structure. As I said earlier, "Plans are in progress and
there will be changes as design and tenancy progress."
I then continued by reviewing a checklist of EklecCo's expectations from US
Bridge and other steel erection bidders that we would award the work to.
+ The Erector would be responsible for accepting the anchor bolts from the
foundation contractor. Xxx explained that US Bridge has survey included in their
price. US Bridge will survey the anchor bolts to make sure they are correct. If
they are not correct, it will not be US Bridge's responsibility to fix them. l
explained to Xxx that it will not be US Bridge's responsibility to fix, however,
it will be US Bridge's responsibility to coordinate with the foundation
contractor to get the work completed correctly and Xxx agreed.
+ I said, "As you know, Xxx the plans are in progress and there may be
additional changes. It will be the erector's responsibility to coordinate all
changes at no additional cost." Xxx explained, "I understand 100% and like I
told you at the meeting in Syracuse, US Bridge will coordinate everything." Xxx
explained that once they are awarded the job, they will put together an entire
schedule from the delivery of joist, deck and steel all the way out to
PRIVILEGED & CONFIDENTIAL
completion of each section. Once the detailed schedule is agreed upon with
EklecCo, they will coordinate and facilitate all deliveries of all material and
accept all material on site and take responsibility for it. The only time
EklecCo will get involved is after US Bridge has exhausted everything that they
can do to make sure the suppliers respond and they don't. Xxx agreed, and
explained that he doesn't think that will happen on this job
+ It will be the erectors responsibility to relocate all x-bracing at no
additional cost, as necessary Xxx explained that he has no problem with that and
for the record, it makes it a lot easier if we can give the erector a lead time
with these relocation type issues.
+ It will be the Steel Erectors obligation to clean any mud off the steel
before it is erected. Xxx said, "That is no problem, before it goes up, they
pick it up with a lift and hit the edge with a jammer, and all of the mud just
falls off. " I explained to Xxx that the steel will be painted after it is
erected. If that is clean enough to paint, that's fine I explained.
+ I explained to Xxx that it would be the Erectors responsibility to
schedule and coordinate with the joist supplier, deck supplier, steel
fabricators and concrete column suppliers as well as many others. Xxx said, "I
thought I already took care of this back in Syracuse during our meeting, but we
are very willing to coordinate with all suppliers." Xxx explained that they will
give a "pre-schedule". Then Xxx explained the "pre-schedule" to me as a
durational schedule and stated once the durational schedule is put together, US
Bridge contacts all of the suppliers so they have plenty of lead time in order
to deliver the needed material to site. Xxx explained that they do this for each
xxxxxxx right down to the truck and right down to the piece
+ I explained to Xxx that access around the site will be the erectors
responsibility whether it be on mats, a rock pad, or whatever is out there. Xxx
explained that US Bridge needs clear access to the building and once they have
that they take care of the rest.
+ I explained to Xxx that our schedule is paramount and EklecCo needs the
capability to speed up or slow down the erection process. US Bridge's
flexibility will include mobilization of additional cranes Xxx said, "That is no
problem, put it in the Contract." Xxx continued by saying if the steel is ready,
they could mobilize one or two more rigs in addition to the four they have
scheduled. I explained to Xxx in addition to mobilization of another crane, in
order to meet the job schedule, it may be necessary for the erector to add
shifts, or overtime in order to meet the schedule. Xxx said, "That's fine and it
is included in our Bid." I next explained to Xxx that we are always looking for
ways to speed up the schedule, but for any reason EklecCo chooses to slow down
the schedule, they also need that flexibility. Xxx said. "I am glad that you
told me that up front so l can negotiate a price for this with his erectors
(sub-contractors to US Bridge)." I explained to Xxx that the speed or slow down
will be at no cost to EklecCo. Xxx said, "I can handle that."
I asked Xxx to explain the guide wire system for stability that they will
be using. Xxx started to explain the guide wire system and I interrupted Xxx and
explained to him that we would need additional guide wires from a normal job so
we will have the capability to erect precast panels before the building is
totally erected. Xxx explained that once US Bridge gets the new structural
plans, they will put together a guide drawing for EklecCo's approval. I
concurred.
I explained to Xxx that there are changes on the plans. One of the changes
that we know about is
PRIVILEGED & CONFIDENTIAL
in Tower 1, BJ's. The changes are the BJ's TMA, which is a Tire Maintenance
Area, the Loading Dock and the BJ's Entrance These will all be changing and I
explained to Xxx whatever erector gets this portion, we will have to erect
something different than what is on the plans. Xxx explained that he has no
problem with that as long as they have access back to the point so they can get
a Cherry Picker into that area. Xxx also said there would be no cost to EklecCo
for this change. Xxx also said, "With all of the changes that are going to
happen, it is all going to come down to communication and coordination and that
is US Bridge's strong point."
The erector will have to be responsible for sequencing the work. EklecCo
will have the ability if they choose to dictate as to where the erector will be
working. Xxx explained that they are flexible and don't have a problem with
moving around as long as they can access the portion of work Xxx explained that
they cannot bring in helicopters to erect the steel on the inside of the
building at no cost, but as long as they can access it there are no problems.
Xxx then explained a discussion that we had in Syracuse in a prior meeting,
in sequencing US Bridge is willing to take our xxxxxxx schedule and is willing
to break it into smaller derricks that will be easier to work with. He will
relabel the xxxxxxx schedule and coordinate with the fabricator so the derricks
are sequenced and delivered correctly for erection.
I explained to Xxx that EklecCo wants a commitment from US Bridge that we
don't want to be nickeled and dimed and no Change Orders for moving X-Braces,
loading docks, or change in steel size. Xxx explained the only time there is a
Change Order, is if the change is significantly more work than the original work
that was replaced. Xxx also explained that the only cost associated with going
with much heavier steel is the added connecting materials. Xxx explained that a
"pick is a pick," and it won't cost us any more.
I explained to Xxx that it is the erectors responsibility to include all
coordination, facilitation of deliveries, coordination of erection drawings,
derricking, deliveries and acceptance of deliveries. Xxx explained that he has
covered this several times, but agrees 100%.
The last point Xxx and I covered was safety cable. Xxx explained that they
will install one cable for their iron worker obligation at 60". The 60" inch
cable or high cable is permanent and meant to stay in place for the future. Xxx
explained that if EklecCo wishes, we could tie all of our net into this wire and
make it permanent, lift up the net when the slabs are poured and then tack it
down. I explained to Xxx that I did not understand this 100% and this issue
along with several others that Xxxxx and I will want to cover Tuesday morning,
after Memorial Day weekend when Xxxxx is back in the office. Xxx said, "that is
fine" and he expects a call along with Xxx.
Before we hung up, Xxx asked how they looked for the job. I explained to
Xxx their pricing is in line and their Contract is now in line, the only things
we have to put behind us on Tuesday are the remainder of the Scope of Work
issues, and to finalize the unit prices and we will move on from there to the
commitment memorandum. Xxx said, "Great."
cc: Xxxxx Xxxxxx
Xxx Xxxxxx
Xxx Xxxxxx
Xxx Bold
PRIVILEGED & CONFIDENTIAL
Scope of Work
Structural Steel Erection for the Palisades Center
Contractor shall furnish and install all, but not limited to, necessary and
appropriate labor, materials, equipment, supervision, coordination,
mobilization, and taxes necessary to erect the structural steel for Palisades
Center as per plans and specifications
1. Contractor shall be responsible for all coordination with the structural
steel fabricators, detailers, joist and deck suppliers, structural engineer,
foundation contractors, precast column suppliers and all other contractors that
affect the structural steel erection scope of work.
2. Contractor shall be responsible to coordinate and schedule all
deliveries of the structural steel elements that are necessary for the
structural steel erection scope of work.
3. Contractor agrees to provide, all but not limited to, erection bolts,
shear studs, welding material, etc. necessary to complete the structural steel
erection scope of work.
4. Contractor agrees to install all pour stop, deck closure, metal decking,
and shear studs as necessary and indicated on the Contract plans.
5. Contractor has provided a deduct price for the erection of areas 7 and 8
of $957,000.00 if EklecCo elects not to erect this portion of work.
6. Contractor agrees to provide all necessary matting for the safe
operation of a crane, if necessary
7 Contractor has included in his lump sum contract price the coordination
and erection of all precast columns.
8. Contractor has included the erection of the joist, joist girders, and
bridging as shown on the contract plans
9. Contractor agrees to examine all delivered materials prior to accepting
them to ensure that they are in proper condition after shipping and report any
discrepancies in writing directly to the suppliers.
10. Contractor agrees to coordinate all necessary testing and inspection
and accommodate all scheduling necessary for any owner, state, local, or federal
inspections as may be necessary
11. Contractor understands that the intent of this contract is a 100% turn
key erection package for Tower I and the entire mall.
10
MEMORANDUM
TO: E-076(S) US Bridge File
FROM: Xxxx Xxxxxx
DATE: May 23, 1996 5:40 p.m.
RE: Phone Conversation with Xxxxxx Xxxxxx
Xxxxxx Xxxxxx called to explain a couple of schedule changes and that they
would be using four cranes starting on July 7,1996
He also explained that he talked to Xxxxx Xxxxxx earlier this afternoon and
that they were hoping to get a Letter of Intent tomorrow I explained that I did
not know the content of his and Jason's conversation, but in my opinion we have
a lot of issues to work through before there is a Letter of Intent or Contract
signed. Xxxxxx asked, "What things need to be complete9" I explained. "We have
to go through all Unit Price Schedules and both need to be comfortable with the
numbers as well as a business memo " I also explained to Xxxxxx that the
business memo is what we expect from both parties once the Contract is signed.
Xxxxxx replied by saying "Okay, what we will do is spend the whole day on it
tomorrow and go through everything, and then we will go from there."
cc: Xxxxx Xxxxxx
Xxx Xxxxxx
PRIVILEGED & CONFIDENTIAL
MEMORANDUM
TO: E-0765 File: Steel Erection
FROM: Xxxx Xxxxxx
DATE: May 23,1996
RE: Phone Conversation with Xxx Xxxxxx of U.S. Bridge
Xxx Xxxxxx called me and we proceeded to go through the schedule that I
faxed him earlier this afternoon. He explained to me the dates that he would be
expecting to be capable of obtaining.
Area Start Finish
1 6/3/96 7/7/96
2, 3, 4 7/10/96 9/12/96 (plus adding two weeks for deck and studs)
5, 6, 7,8 9/13/96 11/12/96 (deck an additional two weeks to final completion date of 11/25/96)
I explained to Xxx that these dates are promising, however there are areas
that are subject to very strict scheduling. I explained to Xxx these areas are
Xxxx 0, the beginning of Area 3, and the finish date for Areas 7 and 8. Xxx said
he understood and he would take a look at what he would have to do to get closer
to our proposed schedule in these areas especially. I then explained to Xxx that
I had been going through picks and piece counts all day and I see that our
schedule could be obtained with no less than five cranes. Xxx explained that he
would be using 3 cranes for his schedule. I stated that I was impressed that
they could get that amount of work done in that short of time with only 3
cranes, I had expected them to use more. Xxx explained that the only way they
can accelerate the schedule is to actually add more man power and more cranes.
The reason they are not willing to do that is because of cash flow. Xxx
explained if we could help them out with cash flow in the beginning of the job
they can add more cranes and obtain our schedule. I told Xxx I would go back to
the group and explain this to them and we would go from there but until then we
need to do the best we can with the 3 and 4 crane scenario that we have been
moving and talking about the entire time. Xxx said that is great.
I then apologized to Xxx for any misunderstandings that we may have had
with the job in the past and I explained that there are several issues we must
clear up before we can award the job. I told Xxx that Xxxxx and I would be
contacting him tomorrow to work through all the open issues. Xxx said there is
no hard feelings and we will move forward tomorrow.
Xxx Xxxxxx, U.S. Bridge (via facsimile)
Xxxxx Xxxxxx, EklecCo
MEMORANDUM
TO E-076S File: Steel Erection
FROM. Xxxx Xxxxxx
DATE: May 22, 1996
RE: Phone conversation with Xxx Palito of U.S. Bridge
In the phone conversation I explained to Xxx that there are several open
issues that we have to close before EklecCo can make the final decisions on the
steel erection award. First of which is the price breakdown for Tower VII and
Tower VIII. Xxx explained that he has guys working on it and we will be getting
it tomorrow. The second open issue is the area schedule breakdown for the job
schedule. Xxx then explained that I would need to send him our target dates for
each area for him to evaluate whether or not our schedule is still realistic. I
told him that I would send over our revised schedule breakdown and the
sequencing that we were targeting today and he would evaluate it and have his
revised schedule, or the agreement to our schedule, answered by tomorrow. The
other two areas that we have to complete are the business memorandum. which is
an outline of everything that is included and excluded in the entire business
deal. I explained to Xxx that both myself, him, and Xxxxxx would have to be
included in that conversation and that it would have to be documented fully so
that we can evaluate the bids "apples to apples". The memorandum we have to
complete is the commitment memorandum, which is apart from the business deal and
explaining and detailing what U.S. Bridge will be committing to in order to get
this job. I explained to Xxx that EklecCo weighs this commitment memorandum very
heavily and all of these things have to be completed before we can make a final
determination of who is awarded the Scope of Work.
Target Dates
Job Schedule Area Breakdown
Area 1(commonly known as Tower I): includes Walmart, Sam's Club, and Home Depot.
Start Date: June 3,1996
Finish Date: July 5,1996
Area 2: includes column lines 1 - 10
Start Date: June24, 1996
Finish Date: July 20,1996
Area 3: includes column lines 10 - 19
Start Date: June 17,1996
Finish Date: September 14,1996
Area 4: includes column lines 19 - 28
Start Date: July29, 1996
Finish Date: October 19,1996
Area 5: includes column lines 28 - 38 and column lines C - S,
Excluding Tower 7 and Tower 8.
Start Date: August 26,1996
Finish Date: November 2,1996
Area 6: includes column lines 30 - 38 and column lines S - Z.
Start Date: September 16,1996
Finish Date: November 2, 1996
Area 7: includes Tower 7
Start Date: July 29,1996
Finish Date: August 31,1996
Area 8: includes Tower 8
Start Date: July 29,1996
Finish Date: August31. 1996
MEMORANDUM
TO Steel Erection & Fabrication File
FROM: Xxxx Xxxxxx
DATE; 4/9/96
RE: Meeting with US Bridge in Syracuse
Present at the meeting were Xxxxx Xxxxxx and Xxxx Xxxxxx of EklecCo and Xxx
and Xxxxxx Xxxxxx of US Bridge.
The meeting started out with an introduction of EklecCo and the Project as
well as the status. We then moved on to an explanation of US Bridge, the
company. Xxx explained that he has been on his own since 1966 doing this type of
business. He was the largest steel erector in the City for several years.
In the late 1980's, they did $45,000,000 a year in just erection. Xxx
explained that he is the cochairman of the union funds. He is also on the New
York City's Safety Committee. He is also the Council President of the Building
Congress and Chairman of the Steel Institute. He remains extremely active in
these groups and in turn, allowing him to have no problem xxxxxxx any size job.
He can get as much manpower as he needs.
Xxx explained the key to the job is setting the job up in the beginning by
making sure that steel is on site and making sure that steel gets to the site
banded and derricked correctly.
Xxx also explained his company has always liked doing their own
coordination by making sure the steel is trucked and fabricated correctly and
that details make sense up front and correctly.
Xxx continued by explaining his fabrication business. He showed us a
brochure. It is 4.5 acres of building under the roof with a 13 acre yard. It is
located in Waldorf, Maryland. It is approximately 6 hours from the site. They
are very familiar with supplying the NY area.
Their last largest erection job recently was in 1993, approximately 4,000
tons at the Manhattan Repair. It is very similar to our job, it was four levels.
Seacrest did that job and the contact is Xxxxx Xxxxxxxxxxx. They will provide us
with the number so we can give them a call. They also
did Concourse Shopping Plaza. There was approximately 7,000 tons and was
completed in 1990. This was very similar to our Project as well. They ran 3
cranes on that Project. They will provide me with Xxxxx Xxxxx'x number as well.
Xxx stated that they would man the job with a coordinator who would be
their top guy, a surveying crew, a general xxxxxxx, walking boss, which Xxx
called the "whip", he just walks around making sure that everyone is on their
toes, a xxxxxxx for each crane crew, a deck crew and they sub that out. They
have done decking in the past themselves, but for this Project they would sub
They pull from the union hall for a lot of their work and also get help
from other workers as well.
I asked what average picks they would get per crane crew per day. Xxx
explained it would most likely be 60 picks per day per rig. However, it depends
on what they are erecting. Columns they average about 40 per day and Concrete
columns they average about 15 a day.
Xxx then continued by explaining that their experience would save them time
and a lot of steps. US Bridge estimated about 260,000 bolts while Xxxxx Xxxxxxx
estimated 225,000 although all of them are in their price.
Xxxxx then asked about schedule. Xxx explained it is on 6 month schedule
with approximately 150 working days, plus inclement weather, that is working
with about 3 rigs. However, they said they have the capability, as long as the
steel is there and there is room, to move up into more rigs to accomplish the
schedule. Xxx explained on the World Wide Project, they ran 6 rigs. US Bridge's
key to success in erecting is coordination with the fabricator.
Their insurance coverage is $2,000,000 up to $10,000,000.
They do different types of work, bridges, lead and asbestos abatement and
demolition.
Xxxxx asked if US Bridge was in litigation a jot. Xxx responded, they have
been in litigation with the schools that they did work for in the past.
US Bridge is supplying us with several references after the meeting for us
to call. They will be breaking down their bid into different categories and will
get us a price on the fabrication of steel.
Xxx thought it was necessary to re-xxxxxxx and renumber the derricks in
order to make the job run smoothly so they can erect two floors at a time.
We looked at the possibility of some problems that we may have to overcome
at the wall connections and beam to beam connections.
Their cranes weigh about 168 tons each.
They do all engineering in house on their own. They would put two trailers
on site acting as air
compressor and welding banks. They would also supply a welding bank for
their deck installer.
Xxxxx reviewed our terms as well as payment terms of requisition on the
25th and payment on the 15th and the 2% discount and 10% retainage, 5% released
after 30 days and the other 5% after 6 months.
Xxx continued to explain that for fabrication, they really could use a job
quickly and we would have to make a decision quickly so they can respond in a
timely fashion for fabrication.
They did break down a price for us as follows:
Phase 1 is $5,250,000
Phase 2 is $4,139,000
Tower 1, which they referred to as Phase 3 is $1,140,000
Tower I, Phase I, & Phase II Structural Drawing List
Revised: 5/22/96
Engineer: Xxxxxxx Xxxxx & Associates. Inc.
Phase I & Phase II Structural (Palisades Center)
Drawing # Drawing Date Latest Revision
--------- ------------ ---------------
SG-1 10/02/95 05/22/96
SD-1 10/02/95 05/22/96
SD-2 10/24/95 05/22/96
SF-1 10/02/95 05/22/96
SF-2 10/02/95 05/22/96
SF-3 10/24/95 05/22/96
SF-4 11/15/95 05/22/96
SF-5 02/15/96 05/22/96
SF-6 03/21/96 05/22/96
S-1 10/02/95 05/22/96
S-2 10/02/95 05/22/96
S-3 10/02/95 05/22/96
S-4 10/02/95 05/22/96
S-5 10/02/95 05/22/96
S-6 10/02/95 05/22/96
S-7 10/02/95 05/22/96
S-8 10/02/95 05/22/96
S-9 10/24/95 05/22/96
S-10 10/24/95 05/22/96
S-11 10/02/95 05/22/96
S-12 10/02/95 05/22/96
S-13 10/02/95 05/22/96
S-14 11/15/95 05/22/96
S-15 01/08/96 05/22/96
S-15A 05/08/96 05/22/96
S-16 11/15/95 05/22/96
S-17 05/08/96 05/22/96
S-18 11/15/95 05/22/96
S-19 11/15/95 05/22/96
S-20 11/15/95 05/22/96
S-21 11/15/95 05/22/96
S-22 11/15/95 05/22/96
S-23 02/15/96 05/22/96
S-24 04/08/96 05/22/96
S-25 01/18/96 05/22/96
S-26 01/19/96 05/22/96
S-28 02/06/96 05/22/96
S-29 02/06/96 05/22/96
S-30 02/08/96 05/22/96
Drawing # Drawing Date Latest Revision
--------- ------------ ---------------
S-31 04/03/96 05/22/96
S-32 04/03/96 05/22/96
S-33 04/08/96 05/22/96
S-33A 04/08/96 05/22/96
S-34 04/08/96 05/22/96
S-35 04/08/96 05/22/96
S-36 04/03/96 05/22/96
S-36A 05/22/96 05/22/96
S-37 04/03/96 05/22/96
S-38 05/08/96 05/22/96
S-39 05/06/96 05/22/96
S-40 05/06/96 05/22/96
S-41 05/06/96 05/22/96
S-42 04/08/96 05/22/96
S-43 05/01/96 05/22/96
S-44 05/08/96 05/22/96
Tower I, Structural Drawing List
Revised: 6/5/96
Engineer Xxxxxxx Xxxxx & Associates. Inc.
Tower 1(Walmart.The Home Depot. Xxxx Club drawings)
Drawing # Drawing Date Latest Revision
--------- ------------ ---------------
SG-1 01/24/96 03/27/96
SF-1 11/08/95 06/05/96
SF-2 08/11/95 06/05/96
SF-3 08/11/95 06/05/96
S-1 08/11/95 06/05/96
S-2 08/11/95 06/05/96
S-3 09/20/93 06/05/96
S-4 09/20/93 06/05/96
S-5 09/20/93 06/05/96
S-6 09/20/93 01/24/96
S-7 08/11/95 01/24/96
S-8 08/11/95 06/05/96
S-9 11/08/95 06/05/96
SECTION 05120 - -STRUCTURAL STEEL
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including
General and Supplementary Conditions and Division 1
Specification sections, apply to work of this Section.
1.2 DESCRIPTION OF WORK
A. Extent of structural steel work is shown on drawings,
including schedules, notes and details to show size and
location of members, typical connections, and type of
steel required.
B. Structural steel is that work defined in American
Institute of Steel Construction (AJSC) "Code of Standard
Practice" and as otherwise shown on drawings. It includes
steel columns, base plates7 beams, and other steel items
which are a part of the building structure.
C. In addition, furnish to the installer involved, such items
as bolts, anchor bolts, inserts, clip angles, and sleeves,
required for attachment of items specified in this
Section, together with placement drawings and tolerances.
This includes all plates and beam anchorage.
D. Related Work Specified Elsewhere:
1. Section 03300 - Setting anchor bolts and embedded
plates in concrete.
2. Section 05400 - Cold-formed metal framing.
3. Section 05500 - Loose steel lintels and other
miscellaneous metal fabrications.
4. Section 07250 - Sprayed-on fireproofing.
5. Section 09900 - Painting - Touch up painting.
E. Work Provided by Others:
I. By the Owner - Payment of costs for testing and
inspection as described hereinafter.
1.3 QUALITY ASSURANCE
A. Source Quality Control: Materials and fabrication procedures are subject
to inspection and tests in mill, shop, and field, conducted by a qualified
inspection agency. Such inspections and tests will not relieve Contractor of
responsibility for providing materials and fabrication procedures in compliance
with specified requirements. Promptly remove and replace materials or fabricated
components which do not comply.
1. The structural steel supplier shall certify that
high strength bolts have been manufactured in the United
States and meet the designated ASTM specifications.
2. High strength bolts without the manufacturer's
identifying symbol shall not be used.
B. Design of Members and Connections: Details shown are typical; similar
details apply to similar conditions, unless otherwise indicated.
C. Codes and Standards: Comply with provisions of the following:
1. AISC "Code of Standard Practice for Steel Buildings
and Bridges".
2. AISC "Specifications for the Structural Steel for
Buildings", including the "Commentary" and Supplements
thereto as issued.
3. AISC "Specifications for Structural Joints using
ASTM A 325 or A 490 Bolts" approved by the Research Council
on Riveted and Bolted Structural Joints of the Engineering
Foundation.
4. AWS D1.1 "Structural Welding Code".
5. ASTM A 6 "General Requirements for Delivery of
Rolled Steel Plates, Shapes, Sheet Piling and Bars for
Structural Use".
6. AISC "Architecturally Exposed Structural Steel".
D. Qualifications for Welding Work: Qualify welding processes and welding
operators in accordance with AWS "Standard Qualification Procedure". Provide
certification that welders to be employed in work have satisfactorily passed AWS
qualification tests. If recertification of welders is required, retesting will
be Contractor's responsibility.
A. Product Data: Upon Engineer's request submit producer's or
manufacturer's specifications and installation instructions for following
products. If requested, submit laboratory test reports and other data to show
compliance with specifications, including specified standards.
1. Structural steel and high strength bolt
certification as noted in quality assurance.
2. Structural steel (each type), including certified
copies of mill reports covering chemical and physical
properties.
3. High strength bolts (each type), including nuts and
washers.
4. Structural steel primer paint.
5. Shrinkage-resistant grout.
B. Shop Drawings:
1.Submit shop drawings prepared under supervision of a
registered structural engineer, including complete details
and schedules for fabrication and assembly of structural
steel members, procedures and diagrams. Include details of
cuts, connections, camber, holes, and other pertinent data.
2. Indicate welds by standard AWS symbols, and show
size, length, and type of each weld. Provide setting
drawings, templates, and directions for installation of
anchor bolts and other anchorages to be installed by others.
Provide calculations used for designing connections.
3. AISC standard double angle connection details shall
be used for all connections that are not otherwise detailed
on the drawings. Where the reactions of beams and girders
are not shown on the drawings, the connections shall be
designed to support the maximum allowable uniform load as
indicated in the load tables of the AISC Manual of Steel
Construction for the given beam size and span.
4. Shop drawings shall indicate the date of the
structural drawings that were used to prepare the shop
drawings.
5. Shop drawing submittals shall consist of a direct
reading transparency plus 2 prints of each drawing.
PRIME CONTRACT PRE-CONTRACT MEMORANDUM
PROJECT: Palisades Center MEETING DATE: Syracuse
OWNER: EklecCo MEETING PLACE: Model Room
DEVELOPER: EklecCo PEOPLE PRESENT: Xxxx Xxxxxx
CONTRACTOR: US Bridge Xxx Bold
Xxx Xxxxxx
Xxx Xxxxxx
1. DISCUSSION ON PURPOSE OF MEETING
AND MEMORANDUM X__YES __ NO
Discussion: (see attached)
2. CHECKLIST ON DISCUSSION OF NATURE AND CONTENT OF CONTRACT
X YES NO (A) LUMP SUM CONTRACT (6.1 and 6.2)
----- -----
X YES NO (B) THE DOCUMENTS THAT CONSTITUTE THE CONTRACT
(1.1)
X YES NO (C) SCOPE OF WORK
(D) INDEPENDENT CONTRACTOR DILIGENCE IN EXAMINING (2.1):
X YES __ NO
(i) the site
X YES __ NO
(ii) plans and specifications
X YES __ NO
(iii) EklecCo review and acceptance of plans & specs
revised
X YES __ NO
(iv) local, state, federal laws, rules, ordinances,
codes (zoning, building, health, electrical, plumbing,
sanitary, etc.)
X YES __ NO
(v) environmental laws ----- X YES NO (vi) other (see
attached) ---- -----
X YES __ NO (E) WORK MUST BE DONE TO EKLECCO'S SATISFACTION (2.2.1)
---
X YES __ NO
(i) All disputes resolved by EklecCo's judgment ---
C. Test Reports: Submit copies of reports of tests conducted
on shop and field bolted and welded connections. Include
data on types of tests conducted and test results.
D. Certification: Where sprayed fireproofing is required on
steel surfaces to be painted, coordinate with
fireproofing installer by providing certification of
compatibility and performance of primer paint used
relative to the fireproofing material.
1.5 DELIVERY, STORAGE AND HANDLING
A. Deliver materials to site at such intervals to insure
uninterrupted progress of work. Deliver anchor bolts and
anchorage devices, which are to be embedded in
cast-in-place concrete or masonry, in ample time to not
delay work.
B. Store materials to permit easy access for inspection and
identification. Keep steel members off ground, using
pallets, platforms, or other supports. Protect steel
members and packaged materials from corrosion and
deterioration.
C. Do not store materials on structure in a manner that might
cause distortion or damage to members or supporting
structures. Repair or replace damaged materials or
structures as directed.
PART 2- PRODUCTS
2.1 MATERIALS
A. Metal Surfaces, General: For fabrication of work which will be
exposed to view, use only materials which are smooth and free of
surface blemishes including pitting, seam marks, roller marks, rolled
trade names and roughness. Remove such blemishes by grinding, or by
welding and grinding, before cleaning, treating and applying of
surface finishes.
B. Structural Steel Shapes, Plates and Bars: ASTM A 36 or ASTM A
572, grade 50 as noted on drawings.
C. Cold-Formed Steel Tubing: ASTM A 500, Grade B.
D. Steel Pipe: ASTM A 53, Type B or S, Grade B, black, except
where indicated to be galvanized. Provide Type S (seamless) where
exposed to view.
E. Anchor Bolts: ASTM A 36, nonheaded type unless otherwise
indicated.
F. High Strength Threaded Fasteners: Heavy hexagon structural
bolt, heavy hexagon nuts, and hardened washers, of quenched and
tempered medium carbon steel, complying with ASTM A 325. All bolts
shall be marked with the manufacturer's identifying symbol.
G. Electrodes for Welding: Comply with AWS Code.
H. Structural Steel Primer Paint:
1.Fabricator's standard, fast-curing, lead-free, universal
primer, selected for good resistance to normal atmospheric corrosion,
for compatibility with finish paint systems indicated and for
capability to provide a sound foundation for field-applied topcoats
despite prolonged exposure; complying with performance requirements of
FS TT-P-645.
2. Where prime painted steel is to receive sprayed-on
fireproofing, steel shall be furnished un-primed.
3. Primer paint shall be compatible with finish coats on
architecturally exposed steel.
I. Nonmetallic Shrinkage-Resistant Grout: Pre-mixed, noncorrosive,
nonstaining product containing selected silica sands, portland cement, shrinkage
compensating agents, plasticizing and water reducing agents, complying with
CE-CRD-C62 1.
2.2 FABRICATION
A. Shop Fabrication and Assembly: Fabricate and assemble
structural assemblies in shop to greatest extent possible.
Fabricate items of structural steel in accordance with AISC
Specifications and as indicated on final shop drawings.
Provide camber in structural members where indicated.
Properly xxxx and match-xxxx materials for field assembly.
Fabricate for delivery sequence which will expedite erection
and minimize field handling of materials.
B. Connections:
1. Weld or bolt shop connections, as indicated.
2. All field connections shall be bolted. Only use
field welded connections where detailed on
structural drawings. Each field welded connection
shall be fully detailed on erection drawings.
3. Provide high strength threaded fasteners for all
bolted connections.
C. High Strength Bolted Construction: Install in accordance with
AISC "Specifications for Structural Joints using ASTM A 325 or A 490
Bolts".
D. Welded Construction: Comply with AWS Code for procedures,
appearance and quality of welds, and methods used in correcting
welding work.
E. Equipment Supports and Mechanical Opening Framing: Framing
shown on structural drawings is for general arrangement only and may
require modification to suit the actual purchased equipment.
Coordinate with mechanical trades for necessary certified drawings
before starting fabrication. Steel Fabricator shall provide a complete
job ready for installation of equipment, and Contract price shall
cover this requirement regardless of subsequent modifications to
framing shown on drawings, at no extra cost to the Owner.
F. Holes for Other Work: Provide holes required for securing
other work to structural steel framing, and for passage of other work
through steel framing members, as shown on final shop drawings.
Provide threaded nuts welded to framing, and other specialty items as
indicated to receive other work. Cut, drill, or punch holes
perpendicular to metal surfaces. Do not flame cut holes or enlarge
holes by burning. Drill holes in bearing plates.
2.3 SHOP PAINTING
A. General: Shop prime structural steel exposed to view which is
not to be spray fire proofed, except those members or portions of
members to be embedded in concrete or mortar. Paint embedded steel
which is partially exposed on exposed portions and initial 2" of
embedded areas only.
1. Do not paint surfaces which are to be welded or
high-strength bolted with friction-type connections.
B. Surface Preparation: After inspection and before shipping,
clean steelwork to be painted. Remove loose rust, loose mill scale,
and spatter, slag or flux deposits. Clean steel in accordance with
Steel Structures Painting Council (SSPC) as follows.
1. All interior steel exposed to view 5P6 commercial blast
cleaned.
2. All exterior steel exposed to weather SPIO near white
blast cleaned.
3. All other steel 5P3 power tool cleaned.
C. Painting: Immediately after surface preparation, apply
structural steel primer paint in accordance with manufacturer's
instructions and at a rate to provide dry film thickness of not less
than 2.0 mils. Use painting methods which result in ~l] coverage of
joints, corners, edges and exposed surfaces.
D. Paint Systems: Review painting specifications for finish paint
systems. Coordinate surface preparations of steel and type of primer
used with specifications and the manufacturer's recommendations to
insure compatibility.
PART 3 - EXECUTION
3.1 INSPECTION
A. Before starting erection of structural steel, verily all
bearing elevations and anchor bolt locations. Report any
discrepancies to the Engineer. Do not proceed until
corrections have been made.
3.2 ERECTION
A. Temporary Shoring and Bracing: Provide temporary shoring and
bracing members with connections of sufficient strength to
bear imposed loads. Remove temporary members and connections
when permanent members are in place and final connections
are made. Provide temporary guy lines to achieve proper
alignment of structures as erection proceeds.
B. Temporary Planking: Provide temporary planking and working
platforms as necessary to effectively complete work.
C. Anchor Bolts: Furnish anchor bolts and other connectors
required for securing structural steel to foundations and
other in-place work. Furnish templates and other devices as
necessary for presetting bolts and other anchors to accurate
locations.
D. Setting Bases and Bearing Plates:
1. Clean concrete and masonry bearing surfaces of
bond-reducing materials and roughen to improve bond to surfaces
Clean bottom surface of base and bearing plates.
Set loose and attached base plates and bearing
plates for structural members on wedges or other
adjusting devices.
2. Tighten anchor bolts after supported members have
been positioned and plumbed. Do not remove wedges
or shims, but if protruding, cut off flush with
edge of base or bearing plate before packing with
grout.
3. Pack grout solidly between bearing surfaces and
bases or plates to ensure that no voids remain.
Finish exposed surfaces, protect installed
materials, and allow to cure. For proprietary
grout materials, comply with manufacturer's
instructions.
E. Field Assembly:
1. Set structural frames accurately to lines and
elevations indicated. Align and adjust various
members forming a part of a complete frame or
structure before permanently fastening. Clean
bearing surfaces and other surfaces which will be
in permanent contact before assembly Perform
necessary adjustments to compensate for
discrepancies in elevations and alignment.
2. Level and plumb individual members of structure
within specified AISC tolerances. For beams which
support steel joists, maintain such tolerances as
will assure specified minimum joist bearing.
Tolerances shall not be accumulative. Temperature
corrections shall be applied so that the structure
will be plumb and will have clearances specified
at 70 degrees F.
3. Splice members only where indicated on structural
drawings or as accepted on shop drawings.
4. Tighten friction bolts in accordance with AISC by
the turn-of-the-nut method, by the direct tension
indicator or by properly calibrated wrenches.
5. Bearing bolts shall be tightened such that all
plies of connecting material have been brought into
snug contact with a minimum torque of 75 to 100
if-lbs.
F. Erection Bolts: on exposed welded construction, remove erection
bolts, fill holes with plug welds and grind smooth at exposed surfaces.
G. Comply with AISC Specifications for bearing, adequacy of
temporary connections, alignment, and removal of paint on surfaces
adjacent to field welds. Do not enlarge unfair holes in members by
burning or by use of drift pins. Xxxx holes that must be enlarged to
admit bolts.
H. Cutting and Fitting: Should any difficulties be encountered,
the Contractor shall request written instructions from the Engineer,
before proceeding with the work. No cutting of sections, either
flanges, webs, stems or angles shall be done without permission of the
Engineer, unless cutting is shown.
I. Touch-Up Painting: All touch-up painting of steel to receive
finish paint shall be by painting contractor. Touch-up of steel not
receiving finish paint is not required.
3.3 QUALITY CONTROL
A. An independent testing and inspection agency shall be
engaged to inspect high-strength bolted connections and
welded connections and to perform tests and prepare test
reports. Testing agency shall conduct and interpret tests
and State in each report whether test specimens comply
with requirements, noting any deviations therefrom.
B. Testing work shall be done under supervision of a registered
engineer. After completion of the work of this Section,
testing agency shall certify that work conforms to
structural drawings. This certification shall bear
registered engineer's seal.
C. Provide access for testing agency to places where structural
steel work is being fabricated or produced so that required
inspection and testing can be accomplished. Testing agency
may inspect structural steel at plant before shipment;
however, Engineer reserves right, at any time before final
acceptance, to reject material not complying with specified
requirements.
D. Correct deficiencies in structural steel work which
inspections and laboratory test reports have indicated to be
not in compliance with requirements. Perform additional
tests, at Contractor's expense, as may be necessary to
reconfirm any noncompliance of original work, and as may be
necessary to show compliance of corrected work.
E. Field Bolted Connections: Inspect in accordance with
AISC specifications. Check at least one bolt on every
connection. Bearing Bolts tightened to a snug fit
condition only require a visual inspection. Friction
bolts require a turn of the nut or calibrated wrench
method inspection.
F. Shop and Field Welding: Inspect and test during
fabrication and/or erection of structural steel.
Certify welders and conduct inspections and tests as
required. Record types and locations of defects found
in work. Record work required and performed to
correct deficiencies. Perform visual inspection of
all welds, and perform ultrasonic tests of full
penetration welds in accordance with ASTM E 164.
END OF SECTION
SECTION 05210- STEEL JOISTS
95130 030496
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including
General and Supplementary Conditions and Division 1
Specification sections, apply to work of this Section.
1.2 DESCREPTION OF WORK
A. Extent of steel joists is shown on drawings, including
basic layout and type of joists required. The work
includes steel joists, bridging, headers, erection bolts
and joist end anchors.
B. Definition: The term "Steel Joists" as used herein includes
not only the applicable Series units as classified by Steel
Joist Institute, but also joist girder units, all as
indicated.
C. Related Work Specified Elsewhere:
1. Section 05120 - Structural steel including loose
individual or continuous bearing plates, and bolts or
anchors for such plates.
D. Work Provided by Others:
1. By the Owner - Payment of costs for testing and
inspection as described herein.
1.3 QUALITY ASSURANCE
A. Standards: Provide joists fabricated in compliance with Steel Joist
Institute (STI) Standard Specifications, Load Tables and Weight Tables for
types of joists indicated, and as herein specified.
B. Qualification of Field Welding:
1. Quality welding processes and welding operators in
accordance with the American Welding Society (AWS)
Standard Qualification Procedure.
2. Joists welded in place are subject to inspection
and testing. Expense of removing and replacing any
portion of steel joists for testing purposes will
be borne by Owner if welds are found to be
satisfactory. Remove and replace work found to be
defective and provide new acceptable work.
1.4 SUBMITTALS
A. Product Data: Upon Engineer's request submit
manufacturer's specifications and installation
instructions for each type of joist and accessories.
Include manufacturer's certification that joists comply
with SJI Specifications.
B. Shop Drawings:
1. Submit detailed drawings showing layout of joist units,
special connections, jointing and accessories. Include xxxx,
number, type, location and spacing of joists and bridging.
Provide design calculations and section properties for all joist
girders and for joists with special loading requirements.
2 Provide templates or location drawings for installation of
anchor bolts and/or bearing plates.
3. Shop drawings shall indicate the date of the structural
drawings that were used to prepare the shop drawings.
4. Shop drawing submittals shall consist of a direct reading
transparency plus 2 prints of each drawing.
1.5 DELIVERY, STORAGE AND HANDLING
A. Deliver, store and handle steel joists as recommended in SJI
Specifications. Handle and store joists in a manner to avoid
deforming members and to avoid excessive stresses.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Steel: Comply with SJI Specifications.
B. Bolts:
1. High strength threaded fasteners shall conform to ASTM
A325.
2. All erection bolts shall conform to ASTM A325.
C. Steel Primer Paint: Comply with SJI Specifications;
asphalt type coating not permitted. Primer paint shall be
compatible with finish coats on architecturally exposed
joists. See Architectural Specification's for additional
requirements.
2.2 FABRICATION
A. General: Fabricate steel joists in accordance with SJI
Specifications. Joists in place shall be capable of resisting
uplift loads as indicated on drawings.
B. Holes in Chord Members: Provide holes in chord members
where shown for securing other work to steel joists; however,
deduct area of holes from the area of chord when calculating
strength of member per AISC Section 1.14.
C. Extended Ends: Provide extended ends on joists where
shown, complying with manufacturer's standards and requirements
of applicable SJI Specifications and load tables.
D. Bridging: Provide horizontal and diagonal type bridging
for open web joists, complying with SJI Specifications. Provide
bridging anchors for ends of bridging lines terminating at walls
or beams. (For joist girders, provide bottom chord bracing as
shown or as required by manufacturer.)
E. End Anchorage: Provide end anchorages to secure joists to
adjacent construction, complying with SJI Specifications.
F. Header Units: Provide header units to support tail joists
at openings in floor or roof system not framed with steel shapes.
G. See Architectural Specifications for surface preparation,
and required primer for compatibility with the final paint
finish. Paint system shall be in strict accordance with
Architectural Paint Specifications.
H. Identification: Use manufacturer's standard method to
identify steel joists before leaving shop, attached in manner to
be visible alter erection. Show identification code on shop
drawings.
PART 3 - EXECUTION
3.1 INSPECTION
A. Before starting erection of steel joists, verily all bearing
elevations and that minimum bearing tolerances specified by
SJI are provided. Report any discrepancies to the
Architect/Engineer. Do not proceed until corrections have
been made.
3.2 ERECTION
A. General: Place and secure steel joists in accordance with
SJI Specifications, final shop drawings, and as herein specified.
B. Placing Joists:
1. Do not start placing steel joists until supporting
work is in place and secured. Place joists on supporting
work, adjust and align in accurate locations and spacing
before permanently fastening.
2. Provide minimum 2-1/2" bearing for K-series joist on
steel.
3. Provide minimum 4" bearing for K-series joist on
masonry or concrete.
4. Provide minimum 4" bearing for LH and DLH series
joist and joist girders on steel.
5. Provide minimum 6" bearing for LH and DLH series
joist and joist girders on masonry or concrete.
6. Provide temporary bridging, connections, and anchors
to ensure lateral stability during construction. Where open
web joist lengths are 40 feet and longer, install a center
row of bolted bridging to provide lateral stability before
slackening of hoisting lines.
C. Bridging: Install bridging simultaneously with joist
erection, before construction loads are applied. Anchor ends
of bridging lines at top and bottom chords where terminating
at walls or beams.
D. Fastening Joists:
1. Field weld joists to supporting steel framework in
accordance with SJI Specifications for type of joists used.
Coordinate welding sequence and procedure with placing of joists.
E. Touch-Up Painting For Joist That Receive Finish Coats:
After joist installation, paint field bolt heads and nuts,
and welded areas, abraded or xxxxx surfaces on joists and
steel supporting members. Wire brush surfaces and clean
with solvent before painting. Use same type of paint as
used for shop painting.
3.3 QUALITY CONTROL
A. An independent testing and inspection agency shall be
engaged to inspect welded connections and to certify that
the work is in accordance with structural drawings.
Testing agency shall conduct and interpret tests and state
in each report whether test specimens comply with
requirements, noting any deviations therefrom.
B. Testing work shall be done under supervision of a
registered engineer. After completion of the work of this
Section, testing agency shall certily that work conforms
to structural drawings. This certification shall bear
registered engineer's seal.
END OF SECTION
SECTION 05300 - METAL DECKING
PART l - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and Division 1 Specification sections, apply to work of
this Section.
1.2 DESCRIPTION OF WORK
A. Extent of metal decking is indicated on drawings, including basic layout
and type of deck units required.
B. Related Work Specified Elsewhere:
1. Section 09900 - - Field painting of underside where exposed.
C. Work Provided by Others:
1. By the Owner - Payment of costs for testing and inspection as
described hereinafter.
1.3 QUALITY ASSUAANCE
A. Codes and Standards: Comply with provisions of the following codes and
standards, except as otherwise indicated or specified:
1. MSI 'Specification for the Design of Cold-Formed Steel Structural
Members".
2. AWS Dl.3 "Structural Welding Code"
3. SDI "Design Manual for Floor Decks and Roof Decks".
B. Qualification of Field Welding: Quality welding processes and welding
operators in accordance with AWS "Welder Qualification" procedures of AWS Dl.1.
C. Testing: Welded decking and shear connectors in place are subject to
inspection and testing. Remove work found to be defective and replace with new
acceptable work.
E. Composite Floor Deck Units: Fabricate deck units with integral embossing
or raised pattern to furnish mechanical bond with concrete slabs. Fabricate open
beam deck units with fluted section having inter locking side laps; of metal
gauge and depth as shown.
2.4 ACCESSORIES
A. Roof Sump Pans: Fabricate from single piece of 14 gage galvanized sheet
steel with level bottoms and sloping sides to direct water flow to drain.
Provide sump pans of adequate size to receive roof drains and with bearing
flanges not less than 4" wide. Recess pans not less than 4" below roof deck
surface, unless otherwise required by deck configuration. Holes for drains will
be cut in the field.
B. Metal Closure Strips: Fabricate metal closure strips, for openings
between decking and other construction, of 13 gage sheet steel. Form to provide
tight-fitting closures at open ends of flutes and sides of decking.
C. Provide metal pour stop at all edges of concrete construction (including
floor openings) except where edge angle is detailed. Pour stop shall be of gage
as recommended by manufacturer for specific conditions with a minimum of 20
gage.
2.5 SHOP PAINTING
A. Chemically clean and phosphate treat (nongalvanized) metal roof deck
units and accessories, and apply 1 coat of paint baked-on by manufacturer's
standard method. Paint primer shall be in strict conformance with architectural
specifications.
PART 3 - EXECUTION
3.1 INSTALLATION
A. General: Install deck units and accessories in accordance with
manufacturer's recommendations and final shop drawings, and as specified herein.
B. Placing Deck:
1. Place deck units on supporting steel framework and
adjust to final position with ends accurately
aligned and bearing on supporting members before
being permanently fastened. Do not stretch or
contract side lap interlocks.
2. Coordinate and cooperate with structural steel
erector in locating decking bundles to prevent
overloading of structural members.
3. Do not use deck units for storage or working platforms
until permanently secured
C. Fastening Deck:
1. Fasten deck units to steel supporting members by welding
as noted on drawings.
2. Comply with AWS requirements and procedures for
manual shielded metal arc welding, appearance and
quality of welds, and methods used in correcting
welding work. Use welding washers where indicated
on drawings.
3. Mechanically fasten side laps of adjacent deck units as
noted on drawings.
D. Cutting and Fitting: Cut and neatly fit deck units and
accessories around other work projecting through or
adjacent to the decking, as shown.
E. Reinforcement at Openings: Provide additional metal
reinforcement and closure pieces as required for strength,
continuity of decking and support of other work shown.
F. Roof Sump Pans: Place over openings provided in roof
decking and weld to top decking surface. Space welds not
more than 12" oc with at least one weld at each corner.
G. Hanger Slots or Clips: The use of hanger slots or clips to
receive hangers for support of ceiling construction, air
ducts, diffusers or lighting fixtures, is not permitted.
H. Closure Strips: Provide metal closure strips at open
uncovered ends and edges of decking, and in voids between
decking and other construction. Weld into position to
provide a complete decking installation.
I. Touch-Up Painting: Alter decking installation, wire brush,
clean and touchup scarred areas, welds and rust spots on
top and bottom surfaces of decking units and supporting
steel members. Use same type as shop paint.
3.2 QUALITY CONTROL
100295 STRUCTURA~5S1T20EEL9 F
A. An independent testing and inspection agency shall be
engaged to inspect deck installation including deck
welding, and to certify that the work is in conformance
with Contract Documents.
B. Inspection work shall be done under supervision of a
registered engineer. After completion of the work of this
Section, testing agency shall certify that work conforms
to Contract Documents. This certification shall bear
registered engineer's seal.
END OF SECTION
PC-38
----------------------------------------------------------
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Area 1: (Tower I): $ 1,049,222.0O $ 73,00000 $ 7,778.00 $1,130,000.00
Includes Walmart, BJ's and Home Depot
----------------------------------------------------------
----------------------------------------------------------
General Conditions $ 100,00000 $ $ 100,000.00
----------------------------------------------------------
----------------------------------------------------------
Area 2: (Phase I) includes column lines 1 - 28 inclusive. $ 3,683,894 $234,000.00 $ 18,106.00 $3,936,000.00
----------------------------------------------------------
----------------------------------------------------------
General Conditions $ 300,000.00 $ - $ - $ 300,000.00
----------------------------------------------------------
----------------------------------------------------------
Area 3: (Phase II) Includes column lines 28-45 inclusive. $ 2,441,88400 $ 180,00000 $ 12,11600 $2,634,000.00
----------------------------------------------------------
----------------------------------------------------------
General Conditions $ 100,00000 $ - $ - $ 100,000.00
----------------------------------------------------------
----------------------------------------------------------
TOTALS: $ 7,675,000 GO $ 481,00000 $ 38,000 GO $8,200,000.00
----------------------------------------------------------
U.S. BRIDGE OF N.Y., INC. PALISADES P0WER MALL:
May 29 1996
UNIT PRICES E-076(S)
Revision I - 5/24/96
Revision 2 - Added price 5129/96
Floor Deck Erection $ 0.58 Per Sq. ~.
Roof Direct Erection S 0.15 Per Sq. Ft
Joint Erection $125.00 Per Piece
-------
Steel Erection $268.00 Per Ton
-------
Precast Column Erection $300.00 Per Piece
Added X. Brace Erection s790.00 Per X Brace (wind brace 2 pcs. Angles)
Hourly Rate
Standard Overtime
Xxxxxxx $ 80.00 Per Hour $115.00 Per Hour @ Ii
----------- -----------
Crane & Operator $225.00 Per Hour $420.00 Per Hour @ D.T.
----------- -----------
Welder S 85.00 Per Hour $125.00 Per Hour @ 11/2
--------- --------
Iron worker S 77.50 Per Hour S~10.00 Per Hour 1 1/2
--------- --------
Shear Stud $1.30
Roof Frame lnstallation 250.00
(HVAC Unit Frame)
Roof Drain Frame)
U.S. Bridge of N.Y., Inc.
[Graphic]
U.S. Bridge of N.Y., Inc.
[Graphic]
EXHIBIT "G~ - CERTIFICATE OF INSURANCE
PC-38
Contractor acknowledges and agrees that they will provide to EklecCo an
original Certificate of Insurance with all terms in accordance with the attached
Sample Certificate of Insurance no later than Wednesday, June 19,1996.
[Graphic]
EKLECCO
HOW TO GET PMD
FIRST PAYMENT:
1. Included in the Contract is a sample of the "Contracror Requisition for
Payment Form", annexed as Exhibit N, which you will use to invoice each month.
This sample form will contain the "Schedule of Values" for the Scope of Work to
be completed.
2. Within ten (10) days afier execution of the Contract, you will receive an
actual "Contractor's Requisition for Payment Form" completed with the Schedule
of Values which were agreed to in the Contract. You should fill-in the values
completed to date, percent completed to date and the gross amount claimed due
with cash requisition. Return to EklecCo ("EkiecCo") by the 25th of the month
for processing.
3. Be certain that an authorized officer of the company signs and has the
signature notarized. In addition, if an architect's or engineer's certification
or approval is required, be certain that this is also done. The submitted
Requisition constitutes Contractor's sworn certification of the amount and value
of Work it claims it has completed to the date of the Requisition.
4. This Requisition will be reviewed and processed by EklecCo personnel.
5. Along with each payment check, EklecCo will prepare a "Contractor Waiver of
Lien" form. This form must be signed and notarized prior to EklecCo releasing
your check on or about the 15th of the month.
6. Additional amounts added to the Requisition will be paid for the Work
completed, ONLY if a Change Order, in compliance with Section 4.2.1 of the
Contract, has been executed.
7. Any time the 25th falls on a weekend or holiday, the due date for "Contractor
Requisition for Payment Form" will be the next business day. Likewise, the due
date for checks will be the next business day if the 15th falls on a weekend or
holiday.
NEXT AND EVERY ADDITIONAL PAYMENT:
1. Prior to the 25th of each month, you will receive from EklecCo a new
"Contractor Requisition for Payment Form". The form will show current contract
values, as well as prior payments.
2. You will need to fill in the blank Requisition form and then the cycle
described above will start again.
FIRST RETAINAGE PAYMENT:
1. Prior to issuance of the first Retainage payment on the Contract, Contractor
must sign and submit a "Job Completed Memorandum of Understanding", a "Written
Guarantee" and a completed "Punch List" to be signed by an authorized EkiecCo
representative. The first retention payment cannot be requested at the same time
as the final payment. EklecCo will not issue the "Contractor Requisition for
Payment Form" for retention payment. Please request retention on your o~vn
invoice form, showing project, contract number, scope of work, date completed
and amount requested.
R E M E M B E R ~
1. YOU MUST XXXX YOUR REQUISITION FILLED OUT, SIGNED, NOTARIZED AND IN EKLECCO'S
HANDS AT THE ADDRESS STATED BELOW BY 4:00 PM, THE 25TH OF THE MONTH, IN ORDER TO
BE PAID ON THE 15th OF THE FOLLOWING MONTH.
2. PAYMENT WILL BE MADE ONLY ON CHANGE ORDERS IN COMPLIANCE WITH SECTION 4.2.1
OF THE CONTRACT AND TIMELY SUBMITTED BY THE 25TH OF THE MONTH.
3. YOU MUST SIGN AND HAVE NOTARIZED THE "CONTRACTOR'S WAIVER OF LIEN" FORM AND
ALL RELATED DOCUMENTS PRIOR TO RECEIVING YOUR CHECK.
4. ONLY ORIGINALS WILL BE ACCEPTED. FAX COPIES WILL NOT BE ACCEPTED.
Mail to: EklecCo
0 Xxxxxxx Xxxxxx
Xxxxxxxx, Xxx Xxxx 00000
Attn: Financing Department
Questions should be addressed to EklecCo at the above address
or phone (000) 000-0000.
PARTIAL PAYMENT RECEIPT, GUARANTEE AND
WAIVER OF RIGHT TO FILE LJEN
CONTRACT NO:
CONTRACT DATE:
CONTRACT SCOPE:
PROJECT:
REQUISITION DATE:
PAYMENT DATE:
FROM:
TO:
Original Contract Amount Total Contract Adjustments to Date Revised
Contract Amount to Date
Amount Paid to Date Including this Payment Total Net Amount Paid to Date
The undersigned Contractor, Subcontractor or Supplier hereby acknowledges
receipt this date of _______________ and the aggregate payments received to date
as stated above.
The undersigned hereby certifies that the amounts set forth above are true and
correct. The undersigned also represents, warrants and certifies that: all of
its employees, Suppliers and Vendors have been paid all amounts which are due
and owing as of the date hereof, that there are no liens filed and/or lien
rights claimed by any Suppliers, Vendors or Subcontractors; and all necessary
executed lien waivers and/or releases have been obtained by Contractor.
In consideration for the amount paid to the undersigned to date, on account of
all Work, labor, equipment, material or services furnished or performed pursuant
to the above Contract and relating to EklecCo and the Project, the undersigned
WAIVES and RELEASES, to the extent allowed by Law, all liens or rights of liens
the undersigned now has or may be entitled to claim or assert, arising from or
in any way relating to the Work to date in connection with Contract No. as of
the date of execution of this instrument.
The undersigned hereby CERTIFIES that;
1. For the period above, the Contractor or its Supplier and/or
Subcontractors performed no Work on the Project beyond the Scope of
Work set forth in the Contract or for which Contractor or its Suppliers
and/or Subcontractors are or may be entitled to claim additional
compensation from EklecCo, nor did Contractor or its Suppliers or
Subcontractors make any changes in, or additions to the Work to be
performed and material to be furnished or installed by the Contractor
under the Contract, and
[Graphic]
EXHIBIT "J"
COST BREAKDOWN
This document may be requested from EklecCo's Construction Lender at a later
date, and Contractor understands that they may be required to supply such
information.
EXHIBIT "K"
ASSIGNMENTOF PROJECT DOCUMENTS
This document may be requested from EklecCo's Construction Lender at a later
date, and Contractor understands that they may be required to supply such
information
EXHIBIT "L
CONSTRUCTION CONSENT FORM
This document may be requested from EklecCo's Construction Lender at a later
date, and Contractor understands that they may be required to supply such
information
[Graphic]
MEMORANDUM
TO: E-0765 File: Steel Erection
FROM: Xxxxx Xxxxxx
DATE: June 12, 1996
RE: A meeting between Xxx and Xxx Xxxxxx of US Bridge of New York, Inc.
ATTENDEES:
EklecCo: Xxxxx Xxxxxx
Xxxx Xxxxxx
Xxx Bold
Xxxx Xxxxxx
Xxxx started the meeting by explaining that prior to this award we wanted to go
through a few additional issues. We may have covered some of those issues
already and some may not have been, but we just wanted to clarify them. Once
discussed, Xxxxx will dictate a memorandum and this memorandum will be an
exhibit to the contract should we award to US Bridge of New York, Inc.
The first issue was the union situation. US Bridge of New York, Inc. is a union
contractor and Xxxx Xxxxxx stated that we do not want any problems on the site,
EklecCo does not want disharmony. EklecCo has no problem with US Bridge of New
York, Inc. functioning as a union contractor, but did not want any problems with
any of the other contractors on the site. For example, if US Bridge of New York,
Inc. has a master mechanic on site, this will not effect any other contractors
working there. This is not a union job, it is an open shop with a prevailing
wage agreement. If there were any union trouble makers on the site, we would
expect them to be removed. Xxx Xxxxxx responded, "My workers on the site are
iron workers, not organizers, so we will remove them if necessary. Xxx also
added, There will be a two gate system in place if needed and my workers will
honor a two-gate system and continue to work if necessary because my workers
will use it if there are pickets."
Xxxx Xxxxxx then explained he thought it was a good time to bring up the
prevailing wage agreement that EklecCo has signed with the unions. The unions
and EklecCo have agreed to work in harmony. Xxxx Xxxxxx stated that if the
unions were to picket this job for any reason, it would then void this
prevailing wage agreement. Xxx responded, ~l know how the agreement was put
together."
Xxxx Xxxxxx then asked Xxxx Xxxxxx to review his discussions on flexibility and
schedule, realizing we have covered it several times but also this morning. Xxxx
explained that due to possible land problems in Phase lit may be necessary to do
some of the erection, possibly area 7 and area 8, out of sequence or at a later
date.
Xxx Xxxxxx agreed that they had discussed this earlier and whatever
areas that EklecCo needs US Bridge of New York. Inc. can adjust the timing
on areas 7 and 8. He can do the other areas out of sequence as long as the
fabricator can supply his two cranes that he will have in each area Xxx also
stated, "If necessary, we would shut down the cranes and remobilize
Xxx Xxxxxx then brought up the roadways he is expecting to see Out on the site.
He needs two stripes down the pad. I noted that the entire building pad has a
3.5' lift of stone, geogrid, and fabric serving as a construction mat and this
should be sufficient. Xxxx Xxxxxx brought up the soft area that we recently
encountered near Tower 3, where the mud wave occurred, and that it would be a
good idea to avoid this area when erecting. Xxx Xxxxxx stated, "That is what
Xxxx Xxxxxxx does out on the site and we can work around it."
Xxxx Xxxxxx then asked Xxx Bold to review the shift work that was negotiated
earlier today for Tower 1. Xxx explained that basically the agreement was that
US Bridge of New York, Inc. would employ two seven hour back to back shifts each
day and that they would have a make up day on Saturdays. This agreement went for
iron workers as well as operators. Saturdays will serve as a rain day make up.
This allows us to accelerate the Tower 1 schedule beyond what is shown in the
contract schedule but we are unable to ascertain the effect it will have on the
schedule at this point. Xxx Xxxxxx agreed with this assessment. Xxx stated, "I
can only agree to durations at this point for schedule. Only after I meet with
the foundation contractor, fabricators, and see the site progress can I nail
down the exact dates."
Xxxx Xxxxxx thought it was a good time to bring up the contract administrators
that EklecCo has out in the field are basically out there to administer the
contract. They really do not have a tremendous amount of knowledge of
construction, so EklecCo is relying heavily on US Bridge of New York, Inc. as
experts in the steel erection area." Xxx stated, "I understand".
Xxxx Xxxxxx stated, ~l hope that I can say with a straight face that US Bridge
of New York, Inc. has had adequate time to review the drawings as the
negotiations have been going on since March." Everyone laughed and Xxx Xxxxxx
responded, "Yes, we have had plenty of time and we know the drawings very well."
US Bridge of New York, Inc. has had plenty of time to review the plans, accepts
them, and are comfortable with the plans. Xxx Xxxxxx asked about the survey on
the site, what would be provided. I explained to Xxx Xxxxxx that EklecCo has
provided a benchmark and two column lines that intersect at one column point.
The foundation contractor then takes it to do all of his layout that US Bridge
of New York, Inc. will then survey and continue. US Bridge has been told that
the responsibility for the survey is theirs and the responsibility for the
anchor bolts is handed from the foundation contractor to them and it is US
Bridge of New York, Inc.'s responsibility to review and accept them if they are
correct or work out any problems directly with the foundation contractor.
1
MEMORANDUM _____
An EklecCo Project
TO: Xxx Xxxxxx, Xxx Xxxxxx, Xxxx Xxxxxxx
Xxxxx Xxxxxx, Xxxxx Xxxxxx and Xxxx Xxxxxxxxx
FROM: Xxx Xxxxxxx
DATE: June 18, 1996
RE: U.S. Bridge - PC-38
Steel Erection
We are sitting with Xxx & Xxx Xxxxxx and Xxxx Xxxxxxx of U.S. Bridge. Xxxxx
Xxxxxx, Xxxxx Xxxxxx and Xxxx Xxxxxxxxx of EklecCo and Xxx Xxxxxxx is dictating
the memo, but everyone understands they can jump in at any point and make a
correction or addition or subtraction. When we started out this morning Xxxx was
not able to be with us because he was on another job. Xxx and Xxx were kind
enough to wait until 12:00 p.m. to get started. I was late even for that
appointment. I explained to Xxx, Xxx and Xxxx that this was my only project and
that I had invested ten years of my life in it. I further explained that if we
were to sign with U.S. Bridge we would be paying more than we would for another
contractor and we had to make sure that we had their full commitment. I stated
that it was especially important to have Xxxx, U.S. Bridge's superintendent at
the meeting.
During some light conversation, we got some unfortunate news and found out that
Xxx could have been a doctor but chose to be a steel erector and we are
questioning his entire decision making process and everything he has said so far
today, we are not sure if it is true. Of course we are kidding. Joe's background
is as a civil engineer and so is Ron's. Xxx got in the steel erection business
in the late fifties and has had several companies and, his latest U.S. Bridge,
is a publicly owned company. Xxx well understands the problems with the banking
industry today and that was one of the reasons he went public. Going public made
it much easier for him to raise capital.
I explained to Xxx that one of our problems is that since 1991, the banks and
real estate developers have a little bit of a different relationship than they
did in the 1980v5 and the banks are not so liberal anymore with change orders.
In addition I explained to Xxx, that we were looking
at this to be a no-change order job. Xxx stated that he has looked at the plans
and doesn't see any problems with the plans. He looks at this as a repetitive
job that is no problem and doesn't see the need for any change orders. Of course
the exceptions to that would be if there were any material tenant changes.
Xxxx who has been with Xxx since 1968, is going to be the supervisor on site, he
will be here everyday. Xxxx runs the job from top to bottom. Basically he builds
the job first on paper. One of the things Xxxx said was that as soon as possible
he needs Xxxxxxx plans so that he can get his schedules together. He showed us
an example of the schedule that he produces for the erection procedure. In
effect, he puts the project together on paper from beginning to end. Xxxx says
that he likes to keep guys doing one kind of work for a period of time so that
they improve on the job. That gives him an opportunity to determine whether or
not he has any bad eggs. Xxx stated that they have a mule driver named Mario who
comes in and determines whether or not people are working up to par and if not
Mario fires them. Xxx stated that typically they fire and rehire about 20% of
the work force. Xxxx stated that the biggest issue for him is making sure that
he gets sequencing down correctly and as he said earlier getting the plan down
on paper so that the job proceeds smoothly. Xxxx also said he works very well
with other trades, union and non-union. He said that he would rather cooperate
than fight.
The next thing we talked about was coordination. Xxx understands that we are
dealing with two fabricators, a deck supplier, and a joint supplier, and also a
supplier of precast columns. Xxx says that U.S. Bridge will take the
responsibility for all coordination with those suppliers, such that, U.S. Bridge
will be sending shipping lists to the fabricators stating the pieces that they
need and the rough schedule that they need them from beginning to end. Xxx
stated that Xxxx will be copied on all of the correspondence.
Xxxx will also be at the morning meeting every morning with the other
contractors. Xxxx also requested, and Xxxxx and Xxxxx agreed, that both
fabricators should be at the morning meetings. Xxxx agrees and he will see to it
that they are present. Xxx stated that they are used to dealing with the
fabricators and often times they have a job where they will be the fabricators.
He said that this job will be treated in the same manner. Xxx stated that in
looking at potential problems that can come up with the fabricator that minor
mistakes would be handled by U.S. Bridge in the field such as where there is a
mispunched hole in a piece they would either cut in another hole or rough hang
it. He stated that he cannot take the financial responsibility for major
problems, but will take the responsibility for making sure the fabricator
corrects any major problems. Overall Xxx understands that U.S. Bridge is going
to take overall responsibility for making sure that the fabricator gets the
steel On-site in the proper sequencing and at the proper time.
Xxx stated that he needs a hammer in order to enforce that the fabricator
produces on time and properly. Xxxx said that we would have U.S. Bridge put
together a schedule and have everybody
including the fabricators agree to it and then after that if the fabricators
were off schedule, U.S. Bridge could impose penalties on the fabricators that
are stated within our contract with the fabricators. EklecCo will empower U.S.
Bridge to impose the penalties on the fabricators if they do not live up to
their obligations.
Again we talked about the fact that we were looking at this as a no-change order
job. Again Xxx reiterated he didn't see any reasons for change orders and
further said that he was the expert and we were not and we were also looking for
a no problem job. (Xxx said that I was the one who said I wasn't an expert and
I'm willing to testify in court that I am not.)
We talked about the fact that there was going to be a potential for relocating
X-braces. Xxx said that as long as we were moving the X-braces prior to
installation that wasn't a problem. Other more significant changes that would
result because of a material change from a tenant or a change that we make would
result in a change order.
We talked about flexibility and the fact that often with a retail development
there are situations that result either because of government, a lender, or a
tenant, that might require priorities changing from one area to another. Xxx did
not believe that was going to be a problem. We also talked about the potential
for slow downs. Xxx believed that slow-downs were a problem and that rather than
slowing down he would rather stop he stated that there would not be a problem if
we had to stop for a week and then come back.
We then talked about the start-up and Xxx stated in talking to the Tower 1
foundation contractor it looked like there was a problem that would result in
not being able to start until two weeks from Wednesday. On further discussion
about this we have concluded that by the middle of next week the precast columns
could start in the middle of the building and we were going to see if we could
further affect the foundation contractor to make that start date move up.
Not later than Monday the Tower 1 delivery list for the fabricator would be
prepared. Xxx talked about doing that in pieces and getting parts of that
fabrication & shipping list done sooner. The list that would be ready on Monday
would be just for Tower 1 and the rest of the job would go in sequence building
by building based on EklecCo's schedule. Xxx talked about the fact that he would
like to have sixty men on the job as optimum in terms efficiency. He said that
works well with the unions having giving them the concession on the "four tens"
and the make up day on the fifth day.
In that regard we talked about past memos and Xxx said that the commitments that
were made in the prior memos were still all good except the only issue in one of
the previous memos dealt with shift work and that would have to change. Xxx
feels that doing it this way would work better because he feels that working
with the sixty men would be a lot better than working with one
Xxx would like to thank us for the job. I reminded him that I didn't sign it
yet. hundred and twenty because of the time it would take to build up to one
hundred and twenty.
We talked about schedule and Xxxx stated that they were looking at something
between a six to an eight week schedule with the last two weeks being "clean up"
without the crane (X-bracing, etc.), but Xxxx needed the Xxxxxxx plans in order
to finalize this. Xxxxx said that the drawings would get out to them as soon as
possible along with a list of contacts from the suppliers. Xxx stated that if we
needed an extra rig as long as they got a weeks worth of work out of the rig,
there would be no problem providing the extra crane. Xxx stated that he had
spoken to the site contractor and Xxx and Xxxx were aware of site conditions.
Xxx said that certainly the Tower 1 area presented no problem and he was aware
of the site conditions out on the rest of the property and that he understood
that there was a soft spot that could be worked around in the Tower 3 area. I
mentioned I wanted to make sure that we were not going to be hit for extras for
matting or other problems related to the site conditions. Xxx said that he
didn't see that as a problem. Xxx stated that he will coordinate with the site
contractor and be able to work around the site contractor and with the site
contractor. They have already had discussions with the site contractor and both
Xxxx and Xxx think that he is doing a very good job and believe that they can
work with them.
Xxx also understands that we may have a timing problem with the lumber yard and
agrees that they might have to come back and complete the steel erection on the
lumber yard properly.
As far as weather is concerned if it becomes an issue in later months in
November the contract provides for a make-up day when weather does not permit
them to work. Xxx educated me that you can't do iron work in the rain or the
snow at all.
We talked a little bit about the union situation, Xxx says that he has been
having good cooperation from the operators and the iron workers and his men
should be no problem in terms of working along with non-union contractors.
PRIVILEGED & CONFIDENTIAL
COMMITMENT
MEMORANDUM
TO: Steel Erection File
FROM: Xxxxx Xxxxxxxx
DATE: May 31,1996
RE. Meeting with US Bridge and EklecCo
Present from US Bridge via teleconference are Vice President, Xxx Xxxxxx,
President, Xxx Xxxxxx and on Site Supervision, Xxxx Xxxxxxx. Xxxxxxx Xxxxx and
Xxxxx Xxxxxxxx are present from EklecCo US Bridge representatives understand
that they can interrupt the dictation of this memorandum at any time to make any
additions and/or changes to the dictation.
I started the meeting out by explaining to US Bridge that EkelcCo is obtaining a
Commitment Memo form the top three bidders for steel erection. Once the memos
are complete they are presented to the group along with the bids. U.S. Bridge
understands the Commitment Memo is evaluated seriously by the group in order to
determine who will be awarded this Contract.
I next asked US Bridge, putting price aside what can they offer EklecCo for the
erection of steel that would convince EklecCo to award the steel erection
contract to them? Xxx Xxxxxx stated ~We are committed to service and
coordination. We will handle all of the coordination for this Project." Xxx also
stated, "We have access to our own men. I have guys set up from Canada currently
and I also have men from the local unions." Xxx continued by stating, -~ am the
co-chairman of the union funds in the area
Xxx stated, "If awarded this job, I would have Xxxx Xxxxxxx set up an Advance
Shipment List which would be given to our fabricators." Xxx stated, "We divide
the building up into subdivided areas and we basically build the building on
paper to give to the fabricator."
Xxx stated, "We continually check with the fabricator to make sure that he will
be able to meet the schedule that we have given them. We order the steel from
the fabricator."
I asked Xxx, Xxx and Xxxx about their coordination with the fabricator and how
would they handle any possible field conflicts. Xxx stated. "We will coordinate
very closely with the fabricator and detailer to get the job done in a fast
time."
Xxx wanted to add to the memo, that he has requested if they are awarded this
project that they want an immediate meeting with our fabricator and the detailer
so they can be brought up to speed and put on the same page as one another and
work together harmoniously.
I explained to US Bridge that we have Contract Administrators on site and have
no Construction Managers or General Contractors. I also explained that our
Contract Administrators have no previous construction experience, and this was
done purposely, so their opinions are unbiased. I asked US Bridge how they would
handle filling in any gaps that would develop on site due to this condition. Xxx
stated, "We will coordinate with the other trades. We will also copy the
Contract Administrators on any of the information that develops between this
coordination to make them aware of what is happening.~ Xxx also stated,- We are
ready and willing to take on this responsibility." I explained to Xxx that we
have a morning meeting every morning at approximately T30 and at least one
representative from each Scope of Work attends that meeting to put any issues on
the table that they may have to coordinate the overall Project. Xxx stated,
"This would work good for us." He also said that they have a surveying crew that
will continually be on site and one member from the survey crew will attend the
meeting along with Xxxx Xxxxxxx.
I next explained to US Bridge, that if EklecCo were to hire their company, it
would be because of their expertise. EklecCo, as the Developer, looks to the
people we hire to have all of the expertise. Xxx stated, "The main thing we have
to offer is our expertise. I have been trying to get this across for the past
two months. One of our strongest suits is coordinating and getting the entire
package together using our expertise." Xxx then wanted to add, "The expertise is
used best in the early part of the Project when the fabricator, detailers and
erectors meet to get everyone on the same page and start the coordination
process on the right foot."
I next asked, "What is the last mall project that US Bridge worked on?" Xxx
stated, "It was the Concourse Plaza, and we used three cranes on this project
and erected approximately 5,000 to 6,000 tons of steel." Xxx stated, "We have
built numerous buildings in the past and I have been in the business since 1956
and opened my own business in 1966, so I have a lot of experience under my
belt."
I next told Xxx since he has worked on many projects in the past, he understands
that flexibility is key in any project. Xxx stated, "You have to be flexible. As
long as the steel is not missing in the building and access is still available,
we will be able to move around at your direction and be very flexible".
If for some reason the Scope of Work changes and a Change Order becomes
necessary, US Bridge is not to go ahead with any work without written
authorization. Xxx stated "we use what is called a XXX form. Which is a
notification form given to EklecCo which shows any changes that have evolved,
and if they affect or do not affect our project, we even flag any drawing
changes and make EklecCo aware of the changes."
In closing I asked US Bridge if they could sum up their overall commitment to
us. Xxx stated, "We are very, very interested in getting this work. We are the
people for this Project. We are willing to give a full commitment for this work
and do the best job for you.
Scope of Work
Structural Steel Erection for the Palisades Center
Contractor shall furnish and install all, but not limited to, necessary and
appropriate labor, materials, equipment, supervision, coordination,
mobilization, and taxes necessary to erect the structural steel for Palisades
Center as per plans and specifications.
1. Contrac~or shall be responsible for all coordination with the structural
steel fabricators, detailers, joist and deck suppliers, structural engineer,
foundation contractors, precast column suppliers and all other contractors that
affect the structural steel erection scope of work.
2. Contractor shall be responsible to coordinate and schedule all
deliveries of the structural steel elements that are necessary for the
structural steel erection scope of work.
3. Contractor agrees to provide, all but not limited to, erection bolts,
shear studs, welding material, etc. necessary to complete the structural steel
erection scope of work.
4. Contractor agrees to install all pour stop, deck closure, metal decking.
and shear studs as necessary and indicated on the Contract plans.
5. Contractor has provided a deduct price for the erection of areas 7 and 8
of $957,000.00 if EklecCo elects not to erect this portion of work.
6. Contractor agrees to provide all necessary matting for the safe
operation of a crane if necessary
7. Contractor has included in his lump sum contract price the coordination
and erection of all precast columns.
8. Contractor has included the erection of the joist, joist girders, and
bridging as shown on the contract plans.
9. Contractor agrees to examine all delivered materials prior to accepting
them to ensure that they are in proper condition after shipping and report any
discrepancies in writing directly to the suppliers.
10. Contractor agrees to coordinate all necessary testing and inspection
and accommodate all scheduling necessary for any owner, state, local, or federal
inspections as may be necessary.
11. Contractor understands that the intent of this contract is a 100% turn
key erection package for Tower I and the entire mall.
X YES __ NO (ii) Contractor will be held to highest standards
X YES __ NO (iii) EkiecCo's rights on Contractor's failure to satisfy ( ),
including liquidated damages (2.2.3) Supplementation (2.2.3(a)) and termination
(2.4.1)
X YES __ NO (F)RISKS TO CONTRACTOR OF LUMP SUM BID (2.6)
X YES __ NO (G) TIME OF THE ESSENCE FOR COMPLETION OF THE WORK (3.1)
X YES __ NO (H) MODIFICATIONS TO THE WORK
(i) By written agreement in advance only (4.0)
(ii) Basis for payment (4.1.2)
(I) CONTRACTOR'S REPRESENTATION
X YES __ NO(i) Experience and capacity (5.2(a))
X YES __ NO(ii) Financial Solvency (5.2(b))
X YES __ NO(iii) Quality of Work (5.1)
X YES __ NO(iv) Compliance with all laws (5.2(c))
(J) PAYMENT PROCEDURE
X YES __ NO(i) Timing (7.2.1)
X YES __ NO(ii) Requisition documents (7.8)
X YES __ NO(iii) Payment (or part) withheld (7.3.1, 7.32, 7.4, 7.5)
X YES __ NO (K) FINAL ACCEPTANCE AND PAYMENT (Art. 8)
X YES __ NO (L) INSURANCE AND PAYMENT (Art. 9)
X YES __ NO (M) XXX PROJECT/SALE AND USE TAX EXEMPTION (Art. 10)
X YES __ NO (N) LEGALLY BINDING CONTRACT/STRICTLY ENFORCED
DISCUSSION
1. Purpose of Meeting and Memorandum:
2. Nature and Content of Contract:
Read and Understood Agreed:
Contractor Date
EKLECCO Date
NOTICE TO PROCEED
DATE: June 12,1996
PROJECT: Palisades Center
CONTRACTOR: U.S. Bridge of New York Inc.
CONTRACT NO.: PC-38
CONTRACT AMOUNT: $8,200,000
CONTRACTOR SHALL PROCEED WITH ITS WORK IN ACCORDANCE WITH AND SUBJECT TO THE
ABOVE CONTRACT UPON RECEIPT OF THIS NOTICE TO PROCEED.
Dated:
Xxxxxx X. Xxxxxxx, Partner
