Agenda - Council - 08/28/2001 - Laserfiche WebLink

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GENERAL CONTRACTUAL CONDITIONS ! ! DEFINITION~ 'Conb-actor' means CB&I Constructom, Inc.. 'Purchaser' means the person or enlAy entedng into a contract with, or giving a purchase order to, C~ntmctor for the sLructure. 'Structure" means only that portion of a fadlity required to be furnished or worked on by Contractor in accordance with the contract or purchase order signed by Purchaser. 'Contract* and 'Purchaser Order' mean the contractual undertaking between Contractor and Purchaser in accordance with the proposal made by Corm'actor, the spedflcations, the order or conb'act form signed by Purchaser, and all other documents incorporated by reference therein. All such documents are to be considered as complementary to each other but, In case of c~nflict between provisions in two or mom such documents, the doournent~ shall govern in the following order:. (1) Section O of these Genera[ Contractual ~itions, (2) the order or conb'act form, (3) the proposal, (4) the project specifications, (5} these General Contractual Cond~ions other than Section. O, and (6) any other documents incorporated by reference in any of the foregoing, in [he order of precedence of the documents in which such references are made. The conb"act or purchase order, as ~ case may be, is intended by Contractor and Purchaser as a final exp~ion of their agreement with respect to such tem-~ as are included therein and als~ as a complete and exclusive statement of the terms of the agreement. Section A- DESIGN A1 ff working drawings are furnished by Purchaser, Contractor may change details to conform to Contractor's standards of fabrication and construction. Any such changes will be shown on the plans submitted to Purchaser for approval before fabrication A2 Purchaser may request changes subject to mutual agreement and wff,.h an appropriate adjustment in price and delivery. A3 Purchaser shall indemnh'y Conb-actor against any consequence of any error or defidency in any provision of the specifications, plans, or drawings, furnished by Purchaser or any of its agent. A4 In order to use available sections or material, Contractor may substitute equivalent sections or matedal and vary p{ate widths and lengths fi-om those stated in the proposal or appiicabJe specifications and drawings. A5 The basis of the design is set forth in the proposal. The cost of any changes required by any governmental authority shall be borne by the Purchaser. A6 SLruc~res and sbedfied accessories supplied by Contractor will comply with applicable safety and health laws as amended to date of proposal. Purchaser will be responsible for spedfying items required by law which depend upon the particular service or operating methods of the Purchaser or final owner. Section B - FABRICATION B1 This section applies only to fabrication by Contractor under the contract. B2 When construc~on is not incJuded in the contract, no claim will be allowed on account of errors in shop work or difficulty experienced in assembling the material dudng constru~on unless Conb'actor is ~ in writing in ample time to send a representative to determine the validity of any such ctaim before charges are incurred. USA B3 Welding electrodes and erection tools or supplies will be furnished by Contractor only if c~nstruction by Contractor is inciuded in the contract. B4 If at Purchaser's request Contractor. agrees to work more than the standard day or week, the additional cost resulting from such overtime work including toss of efficiency shall be added to the contract pdce. Section C - CONSTRUCTION C1 This section applies only to construction by Contractor under the contract. C2 Purchaser shall provide a c~ear and open space adjacent to the consb'uction site adequate for receiving and storing material and constJ'uction equipment. C3 Purchaser shall provide and maintain an unobstructed roadway to and access around the construction site for each structure suitable for heavy trucks, b'actors and cortst;ructJon equipmenL C4 Purchaser shall furnish water at adequate pressure for construction purposes at ~e job site. C5 Purchaser shall, before construction is started and without cost to Contractor, remove or make safe any conditions at the c~nsb'-dction site which present a safety hazard to workers or equipmen~ including but not limited to electric or telephone wires, pipelines, flames, srn~ke, flammable gases, fumes, steam, poisons, asbestos, hazardous or toxic chemicals and hazards from other contractors working above or below the construction work. As a safety precaution, Contractor's construction forces do not operate hoisting equipment or install rigging wi'thin 15 feet of lye electJic power lines of 220 volts or greater. CS Purchaser shall keep the site area well--drained at all times. C7 Spedal construction procedures or devices may be required to protec~ Contractor's employees from the work of others or to protect employees of others from the work of Contractor in order t6 comply with applicable safety and health laws as amended. Except as otherwise stated in the proposal, the cost of providing such special constru~on procedures or devices will be 'Dome by Purchaser. C~ Purchaser shall secure without cost to Contractor all building permits and licenses required before construction is started. Contractor will furnish Purchaser desc~'iptions of 'the structure that may be necessary to obtain such permits or licenses. Any permits or licenses required to qualify Contractor to perform the field construction work will be the responsibility of Contractor. C9 It shall be the responsibility of Purchaser to determine the applicability of air safety regulations regarding notices to any governing aviation agency, warning beacon lights and special painting for air traffic, and othe~lse to comply will all such regulations. Unless cthenvise stated in the proposal, the giving of required notices, furnishing and installation of warning beacon lights, special painting for air traffic and other action required by the regulations are not included. C10 If Purchaser requests Contractor to work more than the standard day or week, the additional cost resulting from such overtime work including loss of efficiency shall be added to the contract pdce. C1'1 Upon completion of the construction, Contractor will remove or dispose of all scrap construction materials caused by the operations of the Contractor. Purchaser shall arrange for the safe and proper removal, transportation and disposal of any hazardous wastes and asbestos. NAC 115 (Page 1 of 4) Rev Sep 99 i ! I I ! ! I I .!