Client: ALL
Contractor: LIFTEX, Inc. (Liftex)
GENERAL EXCLUSIONS
The following items are typically expressly excluded from the Liftex Scope of Work and generally shall be provided by others unless negotiated or stated otherwise:
ARCHITECTURAL DESIGN.
ARCHITECTURAL DRAWINGS. Liftex will not arrange for or commission any architectural drawings, renderings, or other special drawings or design beyond the structural drawings included in the Liftex scope.
ARCHITECTURAL ENCLOSURE DESIGN. Design elements that are not structural, such as energy, fire and life safety code compliance, aesthetics, renderings, and roof edge flashing details (provided by Client’s other professionals).
ARCHITECTURAL FEATURES AND FAÇADE. Any design or work related to architectural features of the building’s enclosure, including but not limited to exterior and interior finishes, insulation, coatings, or related items outside of those noted in the Liftex scope.
STRUCTURAL DESIGN AND SCOPE.
SECONDARY STRUCTURE & MISC. ELEMENTS. Any light gauge metal or miscellaneous structural steel design and work, such as: girts or studs, roof frames, door frames, bollards, lintels, stairs, railings, perimeter continuous angle or bent plate, used for the purposes of enclosure, demising walls, canopies, and similar, unless specifically included in the Liftex scope.
FORMAL CALCULATION PACKAGE. A formal calculation package for submission is not included in the baseline scope or proposal for Liftex, but may be furnished for an additional cost at client request.
SNOWLOAD CONSIDERATIONS. Any design and/or corresponding work required for snow drifting at portions of the structure not noted in the proposal, unless added as a mutually agreed upon change order at a later date.
JOB SITE SPECIFIC.
LOCAL OR MUNICIPAL REQUIREMENTS. Any mandated special permits, safety orientations, training sessions, paperwork, or meeting requirements of the local Authority Having Jurisdiction that apply to the job-site as a whole and/or are not trade specific to the Liftex scope of work.
CLIENT JOB-SITE REQUIREMENTS. Any jobsite requirements or guidelines imposed by the Client, such as special safety, orientation, training sessions, paperwork, or meetings, when those items have not been disclosed prior to execution of a Contract.
HOT WORK AND FUMES. Dedicated fire watch and fume removal/isolation materials and labor as they relate to Work performed by Liftex.
LANDSCAPE CONDITIONS. Removal and trimming as required of lawn, tree, fence, shrub, and other landscape architecture features to allow for both roof lift and for proper access and operation of equipment such as cranes, articulating lifts, and telehandlers. Repair of such related to incidental damage from that equipment operation.
CLIENT INVENTORY, EQUIPMENT, & WEATHER PROTECTION. Weather protection of any kind for the duration of the project. Client bears the responsibility of relocating or protecting all inventory or Client possessions that could be impacted by the results of any weather condition infiltration.
HAZARDOUS MATERIALS. Remediation of any hazardous materials, correction of any pre-existing defects, and responses to violations of building, safety, or other mandates resulting from work that is not within the scope of Liftex. Examples include lead paint and asbestos remediation and repair of gas or fuel leaks. In the event Liftex reasonably suspects a hazardous condition, Client authorizes Liftex to conduct independent third party testing, which will be reimbursed to Liftex by the Client only if a hazardous condition is found.
UNION OR PREVAILING WAGE LABOR. The project is open shop, “non-union” labor. Any provision for prevailing wage funding or unionized labor is excluded, but may be furnished by Liftex for a to be determined change order. A Liftex foreman must be present on a job site at all times, even if only in a supervisory capacity.
OTHER TRADE WORK.
SITE PREPARATION & DEMOLITION. Clearing of areas required to perform work, inclusive of all major demolition completed prior to Liftex arrival. All required demolition and removal of obstructions as directed by Liftex, including but not limited to demising walls, mezzanines, column coatings and encasements, column fixtures, roof drains, conduits, water and gas lines, fire-proofing, or other obstructions. All removal and carting of demolished items.
CONCRETE CUTTING. Any WET saw cutting, jack hammering, or rubble removal in the work area while Liftex is on-site requires a minimum of five (5) business days’ prior written notice to Liftex for coordination. Liftex reserves the right to adjust its schedule or demobilize if such work creates unsafe conditions, with associated costs addressed via change order.
MASONRY & CONCRETE WORK. All masonry/concrete scope work is to be provided by others. This work includes, but is not limited to, the release of structural members embedded in masonry, repair, fill or extension of existing foundation and/or masonry walls, and removal or repair of parapets. Grouting the top courses of existing CMU block solid may be necessary and is typically required.
FOUNDATIONS. The excavation and pouring of any required column-base footings per the proposal and final structural design.
DRAINAGE. Development & Install of a temporary storm water solution system to avoid creation of mass water build up, flooding, and ice over within the work area. Where drain pipes enter the slab next to new or existing structural steel column locations, drains must be relocated at Liftex direction down to the slab level. This scope may require concrete slab cutting, excavation, and other masonry or site work, as a prerequisite to the Liftex scope.
UTILITIES. All cutting, demolition, moving, rework, extension and repair scope for utilities as required for safely executing the roof lifting project. Includes, but is not limited to, any of the following systems: solar panel; fire protection; roof drainage & plumbing; electric, power & lighting; security, data & low voltage; and HVAC or natural gas systems. Any and all systems using wire or pipe throughout are to be either looped so that they remain in working condition as the roof is raised or properly shut down so they do not leak, spill, or create an unsafe working condition. Any lines passing onto or over the roof on the exterior shall be relocated for the roof to be raised.
ROOF WORK. All cutting, removal, and repair / re-flashing of the raised roof area(s) perimeter decking, insulation, & membrane as necessary. Any other new decking, insulation, or membrane that may be required for repairs of damaged areas unless noted otherwise. The Liftex foreman will assist in the timing and marking of any required deck cutting. If a roof resurface is planned as part of the renovation, sequencing shall be established with input Liftex before being finalized.
ENCLOSURE. Any design or work related to enclosing the structure if the add-on package noted in the Liftex proposal is not adopted.
OVERHEAD DOORS. Any detachment, temporary support, or removal of doors as required to install steel or raise the roof.
GENERAL COORDINATION
The following coordination items are to be understood and accepted by the Client:
SCOPE ASSISTANCE. Liftex shall provide information and answer questions, based on its experience, to assist in defining scopes outside of Liftex’s contracted scope that must be conducted by the Client (or others acting on Client’s behalf, such as professionals or contractors) to complete a successful roof lifting project. Liftex does not guarantee the accuracy of this information. Liftex’s provision of such information is for coordination purposes only and does not constitute a warranty, representation, or assumption of responsibility for the accuracy or completeness of scopes performed by others. Client remains solely responsible for verifying all information with its own professionals and contractors.
WORKING HOURS. Liftex shall perform all work within a 40 to 56 hour week, on days between Monday and Saturday, and within the hours of 7am to 5pm, at Liftex’s discretion. No additional provisions have been made for Client directed overtime, evening work, weekend work, or holiday work.
SAFETY & QUALITY. All work shall be completed in a workman-like manner, in accordance with OSHA regulations (Subpart R) and LIFTEX internal safety practices, according to standard practices, and contingent upon strikes, accidents, or delays beyond Liftex’s control.
GENERAL CLIENT RESPONSIBILITIES
The following items shall be the responsibility of the Client or those acting on the Client’s behalf and properly maintained throughout the duration of the project:
GOVERNMENT. Client will be responsible for obtaining a building permit, and will provide a copy to Liftex for record. Any other special permits, licenses, testing, inspections, and the costs associated specific to the Project or general Contractor are to be procured and maintained. Liftex shall comply with all state and local regulations, codes and ordinances to complete the work anticipated by this Contract.
INSPECTIONS. Client shall schedule and pay for all structural inspections as required by the AHJ, whether performed by the AHJ or a third party. Liftex shall be responsible for supplying approved shop drawings and developing an expected inspection schedule with the Client or those working on their behalf. Final inspection reports must be furnished prior to LIftex’s demobilization from the site or be subject to change order for remobilization costs.
SITE SHUTDOWNS. Any typical working days during the duration of the scope of work that the site will be closed, other than the five traditional major holidays of New Years Day, Memorial Day, July 4, Labor Day, & Christmas, must be disclosed on contract execution so Liftex may provision crew assignments accordingly. Client acknowledges and understands that notification of site shutdown days that occur after execution are subject to change order for the full price of a five man crew day, each day.
INVESTIGATIVE SERVICES. Items required by Liftex professional staff, such as test borings for soil bearing capacity or other scanning or destructive testing to determine existing conditions, if reasonable assumptions cannot be made or agreed upon. Such requirements shall be disclosed during Due Diligence.
ACCESS. Client shall make available the existing ground level loading doors for Liftex use in loading and unloading materials, tools, and equipment at any time it is required. This access point must be at least 9’x9’, with 12’ high by 10’ wide preferred. Loading dock height access doors are acceptable when disclosed prior to executing a Contract, or subject to change order without proper notification.
DELIVERIES. All materials shall be delivered FOB to the jobsite. Areas for loading and un-loading at the Project must be determined prior to execution of a Contract, and maintained to Liftex’s satisfaction for the duration of the project.
WORK SURFACE. A finished floor concrete slab or equivalent in the Work area is to be maintained at all times unless provisioned otherwise and accepted by Liftex in writing. Work surface shall be maintained to not accumulate water or ice leading to an unsafe working condition.
ROOF SURFACE. An intact roof surface is to be maintained to limit water infiltration unless provisioned otherwise and accepted by Liftex in writing. When a resurface is planned, best practice is to resurface after Liftex has demobilized. If this is not possible, the majority of the new surface may be installed before lifting the roof, with temporary terminations made at the edges that can be undone within 2 working days prior to lift.
BATHROOMS. Client shall provide interim bathroom facilities for Liftex’s use, with sufficient cleanliness and regular service maintained, and all repairs made within a timely fashion on notification of defect.
REFUSE. Client will make a dumpster available on the jobsite for Liftex’s use at no cost to Liftex. Liftex will deposit its trash into the dumpster and will remove from the project any of its own leftover items or structural steel remnants that are too large or inappropriate for the dumpster. Liftex will keep its own work neat and orderly
LIGHTING. Client shall provide temporary lighting (5 foot-candles minimum). Liftex reserves the right to withdraw crews from the site for safety concerns, with no penalty, if the site is not adequately lit.
POWER. Liftex will provide one to three stand-mounted electrical panel [208v, 3 phase 4-wire, 200 amps] needed for the Liftex scope. All materials (including wiring and transformers) and labor related to supplying power to these panels and locating them as directed by Liftex is by others. Wiring between the power source(s) and the panel locations is be run within the roof structure and looped to accommodate the lift. No outside equipment or lighting is to be powered from these panels without the written consent of Liftex.
DUST. Project site shall be kept free of excessive dust, and professional sweeping shall be performed at no cost to Liftex upon reasonable request to maintain a safe working environment.
SITE CONDITIONS (VACANT OR OCCUPIED). “Agreed upon site conditions” means the site conditions (whether designated as vacant or occupied) as documented in writing and signed by both parties prior to mobilization. Any material deviation from those documented conditions that affects safety, access, or materially increases Liftex’s cost or time to perform the Work shall entitle Liftex to a change order for additional costs and time, including reasonable demobilization and remobilization costs. In such event, Liftex may cease operations and demobilize if, at Liftex’s sole reasonable discretion, the conditions are deemed unsafe. Liftex shall provide Client with written notice (email acceptable) as soon as practicable prior to any such cessation or demobilization, except where conditions present an imminent safety risk.
OFF-HOUR ACCESS PREVENTION. Reasonable and typical measures for a construction site and the specific project, including locking the facility or providing a construction fence if locking the site is not practical. Site specific protocols should be discussed with Liftex prior to contract execution. Client shall be liable for any damage to or loss of Liftex’s equipment or materials to the extent caused by Client’s or its agents’ negligence in failing to maintain the security protocols established prior to mobilization.
INSURANCE. Client shall, at its sole cost and expense, maintain builder’s risk insurance (also known as course-of-construction insurance) covering the Work, materials, equipment, and temporary structures on an “all-risk” or equivalent basis against physical loss or damage from the commencement of the Work until final completion and acceptance. Such insurance shall:
(a) Be written for an amount not less than the full completed value of the Work (including the Fixed Price under this Contract plus the value of any Owner-furnished materials and a reasonable contingency for escalation);
(b) Name LIFTEX, Inc. and its subcontractors as additional insureds or as insureds as their interests may appear with respect to physical loss or damage to the Work;
(c) Include a waiver of subrogation in favor of LIFTEX and its subcontractors;
(d) Be primary with respect to any insurance maintained by LIFTEX covering the same loss; and
(e) Contain a deductible not exceeding the greater of Twenty-Five Thousand Dollars ($25,000) or one percent (1%) of the limit of insurance, which deductible shall be the sole responsibility of Owner.
Soft-cost, delay-in-completion, delay-in-opening, business-interruption, or similar time-element coverages, if purchased by Owner, shall be for Owner’s sole benefit and are not required under this Contract. Owner shall provide LIFTEX with a certificate of insurance (and applicable endorsements) evidencing the required coverage prior to LIFTEX’s mobilization to the Project site. Failure of Owner to maintain the required builder’s risk insurance shall not relieve Owner of its obligations under this Contract, and LIFTEX shall have no liability for any physical loss or damage that would have been covered by such insurance.
