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PCI Terms and Conditions

The Work:

Subcontractor will supply and perform only that work specifically described herein (the “Work”), It is specifically understood that the scope of work described herein shall supersede anything to the contrary provided in the Bid Documents. Any work to be done beyond that described herein shall require that a change order be executed.

Schedule:

Subcontractor will supply and perform the Work in accordance with the schedule (the “Schedule”) described herein.In the event of any significant change in the Schedule, the contract price and the Schedule shall be equitably adjusted. In the event Subcontractor is delayed in its Work or is otherwise required to accelerate or resequence its Work or work outside of normal daytime business hours for reasons other than the fault of Subcontractor or others under Subcontractor’s control, then Subcontractor shall be entitled to additional compensation.

Guarantee:

Subcontractor warrants and guarantees that its Work will be performed in compliance with all Federal, State and/or Local regulations and, at the time of Contractor’s acceptance inspection, will meet the specifications in the Contract Documents specifically relating to Subcontractor’s Work. Subcontractor’s obligation to repair or replace defective Work will expire one year from the completion of Subcontractor’s Work. THIS WARRANTY IS IN LIEU OF ANY WARRANTIES PROVIDED IN THE BID DOCUMENTS AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Protection of Work:

Subcontractor shall be responsible for protecting the Work, or portions thereof, during the time the Work or portions of it are under its control; provided, however, that during such time, Subcontractor shall not be responsible for loss or damage caused by others, nor for any damages whatsoever while Subcontractor is not on site.

Storage and Facilities:

Contractor will provide at its expense sufficient storage space to Subcontractor, which is fully protective of materials and equipment furnished for the Work Contractor will also provide all light, heat, power and water which is required by Subcontractor for performance of the Work in the custom and practice of Subcontractor’s trade.

Taxes:

Contractor will pay for any and all taxes which are now or may be imposed on the Work by any Federal, State or Local taxing authority, law, ordinance, rule or regulation, unless otherwise specified herein.

Bonds:

Upon the request and at the expense of Contractor, Subcontractor will furnish performance and payment bonds.

Indemnity:

Subcontractor will indemnify and hold harmless Contractor from all or such portion of such loss or damage to persons or property to the extent arising directly from Subcontractor’s performance of the Work and which is caused solely by the willful misconduct or negligent acts of Subcontractor, its employees, or anyone under its control. Contractor will indemnify and hold harmless Subcontractor from all or such portion of such loss or damage to persons or property to the extent arising directly from the willful misconduct or negligent acts of Contractor, its employees or anyone under its control, including other contractors.

Payments:

For Work commenced and completed in any one calendar month, Contractor will pay the full contract price in full upon the completion and acceptance of the Work. Otherwise, all progress payments for the value of the Work completed plus the amount of materials and equipment suitably stored on or off site, and final payment, shall be paid by the Contractor to Subcontractor within thirty (30) days after the Contractor’s receipt of Subcontractor’s payment application therefor.

Inspection and Acceptance:

Subcontractor’s Work shall be considered complete when Subcontractor notifies Contractor that the Work has been completed in accordance with the specifications. Contractor’s acknowledgement on the Acceptance Form shall constitute acceptance of the Work.

Retention:

Contractor shall withhold no more retention than is being withheld from it by the Owner/Upper Tier Contractor.

Late Payments and Attorney’s Fees:

All sums not paid to Subcontractor when due, shall bear an interest rate of (1½%) per month or the maximum legal rate permitted by law, whichever is less; and all costs of collection, including a reasonable attorney’s fee, shall be paid by Contractor.

Changes:

Subcontractor may only be ordered in writing by the Contractor to make changes in the Work within the general scope of the Work consisting of additions, deletions, changes to the Schedule in duration or sequence, or other revisions, and the contract price and the Schedule shall be adjusted accordingly. Before starting the changed Work, Subcontractor will submit to the Contractor a request for adjustment to the contract price and/or the Schedule. Subcontractor will not commence any such changed or revised Work until receipt of a written change order from the Contractor incorporating an adjustment to the contract price and/or Schedule in accordance with the above.

Force Majeure:

Subcontractors hall not be responsible for delays or defaults where occasioned by any causes of any kind and extent beyond its control, including but not limited to: delays caused by the Owner, Contractor, other subcontractors, architect and/or engineers, delays in transportation, shortages of raw materials, civil disorders, acts of the government, labor difficulties or shortages, vendor allocations, freight embargoes, fires, floods, epidemics, quarantine restrictions, accidents, unusually severe weather, and acts of God. Subcontractor shall be entitled to an equitable adjustment in the Schedule and Contract Sum for such delays as described above.ContractorSupplied Property: If the Work described herein requires Contractor to supply materials, equipment or other property, then Contractor warrants that such items shall be fit for the use for which they were intended. If such items do not conform, Subcontractor shall notify Contractor within a reasonable time after Subcontractor’s notice of the nonconformance and Subcontractor may request additional compensation by change order.

SubcontractorSupplied Property:

Whenever the Contractor, its employees, contractors and subcontractors (other than Subcontractor) use ladders, scaffolding, tools, vehicles, equipment or property of any kind, either owned or rented by Subcontractor, Contractor shall indemnify and hold Subcontractor harmless from any and all claims, demands, damages, causes of action and suits of whatsoever nature and kind, arising out of or connected with the use of such, except when caused by the sole active negligence of Subcontractor.

Differing Site Conditions:

If Subcontractor encounters conditions at the site differing materially from those indicated in the Bid Documents, or unknown physical conditions at the site of unusual nature differing materially from those ordinarily encountered by Subcontractor’s trade, then Subcontractor shall promptly notify the Contractor, stop its Work and await instructions from Contractor. If such conditions cause a change in the cost of, or the time required for, performance of any portion of the Work, an equitable price adjustment shall be made and the Schedule modified accordingly.

Notices:

Any notice or written claim required to be submitted to the Contractor on account of charges, extras, delays, acceleration, or otherwise, shall be furnished within a reasonable time period, and in a manner to permit the Contractor to satisfy the requirements of the Contract.

Liens:

Nothing shall serve to void Subcontractor’s right to file a lien or claim on its behalf in the event that any payment to Subcontractor is not timely made.

Damages:

Subcontractor will in no event be liable for any consequential, incidental or special damages of any kind for any reason whatsoever, whether arising in contract, tort or equity. This release includes but is not limited to claims of negligence.

Preparation of Work Areas:

The Contractor shall prepare all Work areas so as to be acceptable for mobilization by Subcontractor. Subcontractor will not be called upon to start Work until sufficient areas are ready to ensure continued Work until job completion.

Termination and Suspension:

If the Contractor does not pay Subcontractor in a timely manner within seven (7) days from the time payment should be made as provided herein (except where such nonpayment is due to defective Work by Subcontractor or other material breach by Subcontractor), then Subcontractor may, without prejudice to any other remedy it may have, upon two (2) additional days’ written notice to the Contractor, stop its Work until payment of the amount owing has been received. In the event Subcontractor resumes its Work, the Schedule shall be equitably adjusted, and Subcontractor shall incur no liability for such termination. Further, the contract price shall, by appropriate adjustment, be increased by the amount of Subcontractor’s reasonable costs of shutdown, delay and startup. Further, if Subcontractor’s Work is terminated or suspended for the convenience of the Contractor or any other party, then Subcontractor shall be paid for all Work performed to-date, for equipment and materials already ordered, and for Subcontractor’s costs of early termination, or in the case of suspension, Subcontractor’s costs of shutdown, delay and startup. Notwithstanding anything herein to the contrary, Subcontractor shall not be liable for any damage while Subcontractor is not onsite.

Waiver:

Subcontractor’s waiver of any term herein shall not be construed as a waiver of such terms at any subsequent time.

Cooperation and Safety:

Subcontractor’s Work shall be performed in accordance with all applicable requirements of the Environmental Protection Agency, OSHA and other Federal, State and Local regulations. Contractor shall provide adequate security, including security personnel, to prevent unauthorized entry into Subcontractor’s Work areas. Subcontractor shall provide for its Work all safety signs, direction signs and warning signs for the Project in accordance with statutory requirements. All visitors to the Work areas shall be required to comply with Subcontractor’s safety requirements.

Legal Effect:

This proposal offers to the Contractor the terms and conditions upon which Subcontractor will perform the Work described herein and is made without regard to any of the provisions in the Bid Documents not expressly incorporated herein by reference or otherwise agreed to in writing signed by Subcontractor. The proposal may be changed or withdrawn at any time prior to acceptance by notice to the Contractor and will be deemed withdrawn if not accepted by the Contractor within thirty (30) days from the date hereof.

Applicable to Subcontractor’s Scaffold Related Work

Supplemental & Additive to Other Proposal Terms & Conditions

Lead Time:

Unless otherwise specified, Contractor will provide Subcontractor a lead time of at least two (2) weeks prior to commencement of Subcontractor’s work.

Preparation of Work Areas:

Contractor is to ensure that the ground is reasonably level, clear from obstruction and capable of withstanding the total load to be imposed by the erection of the scaffolding. Any debris, material or machinery that may interfere with the scaffold installation shall be removed by Contractor prior to the commencement of Subcontractor’s Work.

Control of Site; Ready for Use:

Subcontractor will examine the scaffold with Contractor’s designated competent person after erection to verify its conformation to regulations and will not tag the scaffold as ready for use until Contractor has signed off on its acceptance. Once erection is complete, it is the Contractor’s responsibility to provide a competent person to inspect the scaffold daily while it is being used. Subcontractor shall at all times have the right to free access to the equipment for the purposes of inspecting and observing its use or operation or determining the nature and extent of its use.

Guarantee:

Any and all warranties and guarantees, and obligations of indemnity, shall be void and of no further force or effect if any scaffolding equipment or material is moved or altered, erected or dismantled by any other person other than under the direct employ of Subcontractor.

Protection of Work:

Subcontractor shall not be responsible for protecting the Work or portions thereof after erection is complete unless Subcontractor has been retained to perform daily inspections of the scaffolding.

Alteration or Damage:

Contractor agrees that there shall be no modification or alteration other than by Subcontractor. In the event Contractor, Owner, other contractors or subcontractors, or any other party modifies or alters the scaffold, in whole or in part (including any planks thereon), Contractor shall indemnify and hold harmless Subcontractor from and against any and all claims, actions, litigation, costs, damages, liability and expenses, including attorney’s fees, which may arise out of, directly or indirectly, or be related to any injury to persons (including death) or damage to property, caused by such modification or alteration.

Ownership of Equipment:

The scaffolding materials shall at all times remain and be the sole and exclusive property of Subcontractor. EquipmentLoss or Damage:In the event of loss, theft, modification or damage to the equipment, whether or not the fault of Contractor, Contractor shall be fully responsible therefor and shall pay to Subcontractor a sum equal to Subcontractor’s current list price for such equipment. Damaged equipment shall remain the property of Subcontractor.

Condition of Equipment upon Return:

All scaffolding must be returned to Subcontractor in a clean and reusable condition. Further, Contractor agrees to fully decontaminate all equipment exposed to asbestos, radiation, toxic or hazardous substances or any other material that would preclude its subsequent use. In the event the equipment is contaminated by any such material, Contractor agrees to pay the cost associated with or incurred for decontamination or cleanup services, or for the value of the equipment (at Subcontractor’s current list price) if it cannot be decontaminated or cleaned.

Shrinkwrapping:

Contractor will notify Subcontractor in the event any tarpaulins, netting, shrinkwrapping or other sheeting is anticipated to be attached to the scaffolding by others. Additional charges may apply. Further, and regardless of whether the netting, shrinkwrapping or other sheeting is supplied by Subcontractor or others, it is the Contractor’s responsibility to ensure that any part of a building structure used to support the scaffold shall be capable of supporting the maximum intended load to be applied. Tie-ins to buildings are based on one time use only. Subcontractor is not responsible for deck or roof damage, nor for any damage caused by tie-ins to the building structure. Tarpaulins, netting, shrinkwrap, or other sheeting cannot be installed during inclement weather, high winds, heavy rains and snow. Possible damage to the structure and/or the scaffold can occur during detachment due to periods of high wind and inclement weather. Subcontractor is not responsible for damage to the structure or the scaffold due to these conditions. Cost for repairs and replacement of the wrap and or the scaffold shall be borne by Contractor and will be invoiced on a time and materials basis.

Cooperation and Safety:

Working scaffold platforms are not to be used for building ingress and egress except as otherwise specifically approved by Subcontractor.

Accident Notification:

Contractor agrees to notify Subcontractor immediately of any accident involving the equipment and of any accident causing injury, death or property damage. Contractor understands that time is of the essence after an accident to promptly investigate, and isolate the physical evidence(including the taking of photographs and other measures to prevent the spoliation of physical evidence).

Safety Awareness Training:

If requested by Contractor, and agreed to by Subcontractor, Subcontractor shall conduct basic scaffold safety awareness training for such of Contractor’s employees as Contractor may designate. The purpose of such training will be to instruct such employees on the basics of hazard awareness regarding the use of scaffolding systems. It is fully understood and agreed that any such training shall NOT be for the purpose of qualifying or certifying any such employee as a “competent person” or scaffold builder, or providing any other designation, certification or qualification. ANY SUCH DESIGNATION, CERTIFICATION OR QUALIFICATION SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR/EMPLOYER as per OSHA Subpart L 1926.450 and 1926.454. Any such safety awareness training shall be at an agreed upon extra cost to Contractor as designated as a line item on the Proposal or by a Change Order.

Tender of Custody and/or Control:

At such time as Subcontractor tenders custody and/or control of the scaffold, Subcontractor shall record the condition of the scaffold in writing and photographically. Contractor shall execute an inspection to acknowledge the Work is properly performed for its intended purpose. A record of such inspection and photos shall be maintained by the parties. Documentation maintained by Subcontractor shall be kept in confidence and stored in compliance with the National Institutes of Standards and Technology (NIST) Special Publication (SP) 800-171; as adopted by the Defense Acquisition Regulations System.

 

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Standard Insurance Requirements

The insurance in force for Performance Contracting, Inc. provides one of the most comprehensive coverages available. Evidence of coverage will be provided on the standard ACORD Certificate of Insurance form. This standard, approved form is issued in compliance with requirements of the Insurance Service Office of the United States and is a recognized document used to provide evidence of insurance coverage in force. NO OTHER DOCUMENT IS APPROVED BY ISO FOR THIS PURPOSE, AND NO OTHER FORM WILL BE PROVIDED.

PCI STANDARD COVERAGE

I. Commercial General Liability (1986 occurrence form), including broad form extensions and contractual liability.

  • $4,000,000 General Aggregate
  • $2,000,000 Products/Completed Operations Aggregate
  • $2,000,000 Personal/Advertising Injury
  • $2,000,000 Each Occurrence
  • $500,000 Fire Damage
  • $10,000 Medical Expense

II. Business Automobile Liability (provides coverage for all autos owned, non-owned, leased or hired.)

  • $2,000,000 Combined Single Limit

III. Workers Compensation (statutory)

  • $1,000,000 Employers Liability

IV. Umbrella (This policy provides additional coverage over General Liability, Automobile Liability, and Employers Liability.)

The General Contractor and/or the Owner can be named as additional insureds on our policy and can be named as primary, as long as the coverage is limited to the extent of PCI’s contractual obligations.

ANY REQUIREMENTS ADDITIONAL TO THE ABOVE COVERAGE, INCLUDING BUT NOT LIMITED TO THE FOLLOWING, ARE HEREBY EXCLUDED FROM THIS PROPOSAL:

  • Waivers or exclusions of subrogation.
  • Providing more than 30 days prior notice of cancellation.
  • Any requirement for prior notice of expiration or changes in coverage.
  • Project-specific aggregate limits.
  • Any indemnification/hold harmless clauses which require that PCI hold other parties harmless for their own acts.