A. This Section of Submissions Includes: Material Content Fabrication, Finishing and Installation details of the Steel Framed Units with 22 Gauge Verco Panel HSB -36 High Shear B Deck Covers on Top Granite Green -Wash Color Below
as finished, installed products the units being the subject of Proposals 291231 dated 5/5/09 to Clark Contractors and subsequent Approval of Proposal dated 5/8/09 and should be read in conjunction with the associated illustrated CAD Shop Drawings
B. Extent of Coverage: The extent of the of Steel Framed Units with 22 Gauge Verco Panel HSB -36 is as shown on the attached Computer Assisted Colored Drawings (CAD) extracted from architectural drawings The shop drawings provided herein show units which will be fabricated in their entirety by B & C Awnings, Inc and are legal documents being “Scope Definitive” as in 1.02 and 1.04 and footnotes on the CAD Drawings hereafter, calculated to form a part of the contract –Items, sections, components herein not specifically included in these submissions or clearly referred to as “inclusions” on the attached drawings are an “exclusion” from B & C’s scope of work and if required by the Contractor (as a condition of B & C’s issue and Contractors acceptance of these submittals) it is contractually agreed that all exclusions are to be provided by others.
C- Related Sections: Section(s) related to this section include:
1. Extracts from B & C’s proposals, exclusions as they pertain
2. Extracts from Plans Details Drawings, Representations of Steel Framed Units with 22 Gauge Verco Panel HSB -36 all as reflected on B & C submittal drawings.
D- Definitions: All definitions to be those standard in the industry Reference herein to B & C –means B & C Awnings Inc or their associated companies B & C Industries LLC.
E–As a Contractual condition of B & C’s entering into a contract for this project. as 1.01 above and 1.04 above All Submissions Issued by B & C which are not out rightly rejected by Contractors, Owner or Architect become contractually definitive of B & C’s intent and agreed Scope of work notwithstanding anything elsewhere contained to the contrary.
F- Contracts Strictly in accord with the above proposal issued by B & C Awnings Inc which is the subject of these submissions if any contract was issued prior to the date of these submissions or later and does not contain the following terms then it will be amended by B & C to included them accordingly following which amendment it will be formally signed Amendment to Contract: Notwithstanding anything previously contained in this or any associated contract to the contrary this amendment is final, definitive and superseding all former and latter statements which would otherwise contradict it and inures to the benefit of SUBCONTRACTOR Mobilization limited to a single trip. Product delivery afforded clear access with continuous uninterrupted installation. SUBCONTRACTOR may stop material acquisition, fabrication or installation work without penalty and apply additional cost impact if (1) CONTRACTOR fails to make as proposed scheduled 30% timely payment to secure this fixed price contract) 50 % at point of delivery,20% due upon installation with no retention throughout. (2) CONTRACTOR incorrectly locates Tabs. Substrate Backing, Brackets where applicable on approved drawings (3) CONTRACTOR provides dangerous, inaccessible installation conditions, (4)Contractor limits access or work times.Work stoppages requiring remobilization are without penalty to B & C. Additional cost to CONTRACTOR by negotiation. Submissions which are not out rightly rejected containing Architect’s Comments, Reviews, Notations, Directives, Approvals, No Exception Taken are to be interpreted as “Submission Acceptance” becomes definitive of SUBCONTRACTOR intent and CONTRACTOR directive being the final agreed scope of SUBCONTRACTOR work exceeding former directives, plans or specifications forming the definitive part of this contact Excluded, services are Bonds, Civil/Structural Engineering, Permits, Flashing, Footings Caulking, Inspections, Independent Laboratory Welding Certification, Waiver of Subrogation.CG2010,CG2037 Blocking Backing, Substrates, Tests ,Inspections, Attachments, any Engineered Brackets to main frame, Inter Trade Coordination’s Cladding, Conditions which would negate or delay above agreed progress payments such as if/when paid clauses. Liability indemnification limited to life of SUBCONTRACTOR Warranty.CONTRACTOR or Buyer responsible for record keeping of regular inspection, expert maintenance and sealants.
All submittals are presented to fulfill the General Conditions of Contracts in Division 1 under Submittal Procedures often amended under the terms of B & C’s proposal referred in 1.01 A herein also associated B & C correspondence and 1.02 item “B“. Once submissions are returned by the Contractor, Owner, Architect, Owners Representative with no indication or requirements for B & C to re-submit, or with notations that no exceptions is taken, no re-submission required, drawings approved, correct as noted, accepted -or any other such comment implying acceptance, B & C will interpret the act of returning said drawings without “rejection”, as “prima fascia evidence of “acceptance as proposed and notated or illustrated therein constituting authorization or approval to fabricate and proceed as B & C Awnings, Inc’s.“ definitive” scope of work. In consequence B & C Awnings Inc.will proceed (conditional upon progress payments being received) with ordering materials and fabrication based on the aforesaid agreement at which time contracts will be formerly exchanged and the statement “Approved Shop Drawings, Submittals & Warranty forms part of this contract being definitive of B & C’s scope of work” added when omitted from any proposed contract, will be entered by B & C.
4-. Instrument of Change- Other than formal change orders hen” When “ Architects or Owners comments, notes or others remarks” appear as a notation on returned B & C shop drawings and indicate change, directive or clarification and B & C do not request “additional money” for the changes, then the approved B & C shop drawing and submissions become” the instrument of change” and supersede original plans or specifications or the need for any written change order which otherwise the general contractor would usually submit under the terms of the contract
B. Product Data: The contents of all these submittals herein constitute complete “Product Data” for the specified units including detailed specifications, materials applied and the manner of fabrication together with installation and maintenance instructions from the manufacturer B & C and installation company namely B & C Awnings Inc.
C. Shop Drawings: Shop drawings show layout, profiles and product components, including anchorage, accessories, finish colors, patterns and textures (where selected).
1.Includes in addition to information necessary for fabrication and installation of Steel Framed Units with 22 Gauge Verco Panel HSB -36 as indicated the material content, sizes, thickness, fastenings welds(when applicable) and profiles.
2.Upon receipt from the Buyer of a change order and an actual “Paint Chip” for B & C to match to following which B & C will , Generate two samples Chips of the Color Selected applied to specified material without which procedure finishes, will be as provided as stated without redress an be simply as Standard Color Powder Coat
D. Quality Assurance & Warranty Content At the end of Section 3, attached is found B & C’s Warranty Submission which contains the following:
1. Warranty Review– B & C Provides a “conditional” written warranty (4.00) to owner that all the products will be free of defective materials or workmanship for a period of one year from date of installation The warranty does not guarantee that B & C Shade Devices or products grant weather protection from drips, rain or moisture or water penetration vertically or horizontally in the units or through wall penetrations. The General Contractor is responsible to have the units and penetrations professionally sealed following installation to the owners approved standards. In the case of iron based materials B & C offer no Warranty against wall stains from product internal corrosion, leakage or water laden rust run off. Regarding the material content and finishes supplied by B & C provided by others the performance of these is excluded from B & C’s warranty and reference should be made to those individual provider warranties or extended warranties secured..
2. Performance requirements – B & C provide assurances that the units have been manufactured, fabricated and installed by one manufacturer namely B & C Awnings Inc and their subsidiaries to withstand loads in accord with local conditions codes and standards and will maintain performance criteria stated without defects, damage, or failure.
3. Engineering – Both Civil and Structural Engineering are excluded and only when provided for as an Addendum or as an Attachment to the CAD drawings will B & C provide Civil Engineering Calculations for the none structural Aluminum & Steel Awnings with Fabric Valance and Mounting Brackets(s), prepared by a Civil Engineer registered in the State of California. Structural Engineering is not available and is always excluded.
In proceeding to install this project B & C Awnings Inc rely that a fully licensed qualified Engineer and Architect designed the final units for weight and Seismic and loads. B & C take no responsibility and give no Warranty or Assurance as to the suitability safety, durability of the units other than those assurances contained in the attached B & C Warranty especially when any form of engineering is omitted.
A.General: In compliance with typical Submission Requirement and Sections modified to include B & C’s accepted proposal, these submissions become the subject of any contract together with the letter accompanying these submittals as follows:
B. Ordering: B & C will comply with Statements and manufacturer’s ordering instructions and lead-time statements shown on B & C’s letter accompanying these submittals especially as they relate to progress payments and Section 01 -B above.
C. Delivery: B & C propose to Deliver and Install units of all finished materials in undamaged condition with factory identification marks for unit Installer Identification all intact subject to 1.01 -B above (See 1.04)
B & C will provide, store and handle products to avoid any distortion or damage due to moisture, physical abuse or other cause the Steel Framed Units with 22 Gauge Verco Panel HSB -36 shall be free from nicks, scratches and blemishes or will be refinished or touched up as necessary and will replace defective or damaged materials with new
A. Site Conditions Contractor is to provide clear equipment access without obstruction to each, location for standard ladder, boom or scissor lift installation. B & C make no provision for the necessity to hirer or use Cranes or overhead lifting devices or to protect ground surfaces against tire wheel marks. It is agreed by General Contractor that no tile or sensitive roof membranes or flooring materials will be installed by Contractor prior to are to B & C performing their work of installation. Any consequent damage by B & C installers as a result of General Contractor breaking this covenant will become the responsibility of the General Contractor.
Field Measurements: Measurement shown on submissions are subject to&n field verification by B & C Awnings Inc unless the units are to be shipped only for installation by others. Architectural changes or approvals of submissions is required before fabrication can proceed and usually shows measurements as original plans. As a condition of submission and acceptance special attention should be given by the Contractor and Architect to the dated introductory letter accompanying these submittals which clearly indicates a production time schedule for B&C to fabricate and install. By approving these submissions Contractor agrees to this schedule and to coordinate his work accordingly to avoid delays. Not with standing anything to the contrary contained within the contract these submissions when approved become definitive of B & C’s intent and scope of work