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HomeMy WebLinkAbout3161-25■ GENERAL CONDMONS 1. DEFINITIONS a, Words used herein in the masculine gender include the feminine and neuter, and vice verso; the singular number includes the plural, and the plural the singular. The word "person" includes a corporation, association or partnership. b. Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, abbreviations, symbols, terms and phrases having a well known or technical meaning shall be so construed C. Whenever in these specifications, or in any documents or instruments where these specifications �overn, the following terms are used, the intent and meaning thereof shall be as foows: CONTRACT - Represents the entire and int t. oted agreement between the Ownerr and the Contractor. The contract documents form the Contract for construction. CONTRACT DOCUMENTS - These specifications, the drawings, addenda issued prior to execution of the Contract, and the Contract between the Owner and the Contractor. CONTRACTOR - The person or entity whose bid is accepted and to whom the Contract is awarded. LANDSCAPE ARCHITECT - The professional services firm who prepared the project drawings and specifications for the Owner. OWNER - Is the person or entity identified as such in the Contract. WORK - The term "work". or "project" means the construction and services required by the Contract Documents and includes providing all labor, materials, equipment, transportation, tools, and incidentals necessary to complete the work in a satisfactory manner 2 CONSTRUCTION PROCEDURE Contractor shall not be relieved of obligations to perform the work in accordance with the Contract Documents either by activities or duties of the Owner, landscape Architect, or by tests, inspections or approvals required or performed by persons other than the Contractor ■ 3. NON -ASSIGNABILITY Neither the Contract thot ma be awarded, nor any of the monies that may become due to the Contractor under suY Contract, may be asst9 Y ned b said Contractor without the written consent of the Owner. 4 SERVICE OF NOTICE The delivery or mailing of any notice, instruction, claim or protest or ether written communications,personally to the Contractor or to the Owner, shot, constitute service thereof upon the Contractor, or the Owner, respectively Pe Y 5 SUBCONTRACTS o Contractor shall set forth in the bid the name and the location of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work b. Contractor must hove.the written consent of the Owner to substitute a subcontractor other then that designated in the bid 6. BONDS AND INSURANCE o. Before execution of the Contract with the Owner, the Contractor shall file with the Owner surety bonds and applicable public liability and property damage insurance satisfactory to the Owner in the amounts and for the purposes specified in the Contract Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the applicable State of the project and secured through an authorized agent- Contractor shall pay oil bond premiums costs and incidentals - b Changes in the work or extensions of time, mode pursuant to the Contract shall in no way release the Contractor or surety from their obligations 7 DRAWINGS AND SPECIFICATIONS a. The contractor shot, keep of the project site a co of the drawings and specifications In the event o discrepancy exists between t'gures and/or drawings, tf,e discrepancy shall be immediately submitted to the Owner for clarificotion Any adjustment mode by the Contractor without obtaining such clarification from the Owner shall be at the Contractor's risk and expense and be subject to removal if said adjustment does not meet the approval of the Owner b The Contract documents, as defined herein ore intended to be read together to ■ describe o complete and finished piece of work, including all labor, materials and equipment necessory for the proper execution of theTrowings roject Anything in the specifications and not on the drawings, or on the and not in the specifications, shall be as though shown or mentioned in both 8. SHOP DRAWINGS OR PRODUCT DATA AND SAMPLES a Shop drawings, product data, samples, and similar submittols are not contract documents. The purpose of their submittals is to demonstrate for thoserte po ons of the work for which submittals are required the way the Controctof proposes to conform to the information given and the design concept expressed in the drawings. b. The Contractor shall review, approve, and submit such submittois required by the contract documents with reasonable promptness and in such sequence or to cause no delay in the work. C. The Landscape Architect's review of such submittals is for the limited purpose of checking for conformonce with information given and the design concept expressed in the contract documents. Review of such submittals is not conducted for the purpose of determining occurocy and completeness of other duties such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Controctor. d. The Landscape Architect's review shall not constitute approval of sofety precautions or, of any construction means, methods, techniques, sequences or procedures 9. SUBSURFACE DATA Where investigations of site conditions have been made including subsurface conditions in areas where work is to be performed under the Contract, such investigotions are mode oniy for the purpose of study and design All soil and geological test hole data, water toble elevations and agricultural suitabilitysoil anal ses apply y pp y only of the locations of the test and to the depths indicated. 10 CHANGE ORDERS t. a. The Owner mo at any time prior to occeptor Ce of the work, by written order to Contractor ono without notice to sureties, increase or decrease thet' es emoted quantity of work or material, make alterations, deviations, additions to or omissions from the drawings and specifications, and make changes in the project as may be deemed necessary or advisable, within the general scope thereof. ■ ■ b. No claim for additional work or material will be allowed unless supported by a written Change Order signed by the Owner and the Contractor stating their agreement upon all of the following: 9 - Change in the work. - Amount of the adjustment in the Contract sum; and - Extent of the adjustment in the Contract time, if any. 11. CONTROL OF MATERIALS a. Materials, parts and equipment to be furnished by the Contractor shop be new, unless otherwise specified in these specifications or noted on the drawings. The materials shall be manufactured, handled, and used in a workmanlike manner. b. All materials shall be subject to rigid inspection and if, in the opinion of the Owner the some do not comply with the contract documents, sold materiols shall be rejected and immediately removed from the premises of the expense of the Contractor. c. Monufocturers warranties, guoronties, instructions sheets and ports lists, which are furnished with certain articles or materials incorporated in the work, -sholl be delivered to the Owner prior to acceptance of the work 12. SAMPLES AND TESTS The Contractor shall furnish such samples of all materials as requested by the Owner without charge labor and equipment necessary for the furnishing of such samples shall be the responsibility of the Contractor 13 SUBSTITUTION OR EQUIVALENTS a. For convenience in designation on the drawings or in the specifications certain orticles or materials to be incorporated in the work may be delinoted under a trade name or the name of a manufacturer and catalogue number Subject to approval by the Owner or landscape Architect, an alternative article or material may be utilized b The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor 14 CERTIFICATES OF COMPLIANCE When requested, Contractor shall furnish the Owner with a Certificate of Compliance s►oting that the material substantially meets the specifications 15 SUFFICIENCY OF TIME Should the Contractor be obstructed or delayed in the prosecution or com letion of the project byy the act, neglect, delay or default of the Owner, or as a result o�strikes fire, flood, Ii hting, storms or earthquakes orb unavoidable calami or other unforeseen Y calamity e u esee causes t at in the opinion of the Owner, are beyond the control of the Contractor then the Owner may consider on extension of time for the completion of the project 16 STOPPAGE OF WORK AND ANNULMENT OF CONTRACT o If the construction of the protect be abandoned by the Contractor, or if at any time the Owner shall be of the oTleioyed inion that the pperformance of the Contract is unnecessarily or unreasonably or that tF�e Contractor is willfull violating g any of the conditions or covenants of the Contract, the Owner may notify the Controctor not to resume or to discontinue, as the case may be, all work or any port thereof contemplated under the Contract by a written notice servedupon Contractor The Owner shall charge the expense of such equipment, lobor and materials, plus ten percent (10°o) of the cost thereof, for administrative expense against an sums of mo due or to become due the Contractor, or against he sureties to the extent of their liability b In lieu of the foregoing provisions to suspend the Contract, the Owner may pay the Contractor for the completed portions of the projdct according to the provisions of the Contract and may treat the portions remaining uncompleted as if said portions hod never been included or contemplated by the Contract 17 TEMPORARY SUSPENSION Or WORK The Owner may order the Contractor to suspend the work on the projject wholly or in part for such period of time as may be deemed necessary due to unsuitable weather or to such other conditions as may be considered unfavorable for the suitable prosecution of the work Work sholl be resumed when conditions ore favorable or when the methods hove been corrected, as directed and approved in writing by the Owner 18 LAWS TO BE OBSERVED The Contractor shall be fully informed of ali State and No-,onol laws and municipal ordinances or regulations which in any manner alfe,_i those engo ed or employed in the work, or the materials used in the work, or which in any way atiect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the some 19 LABOR CONDITIONS Contractor shall comply with applicable Federal and State provisions of the labor Code and Fair Employment Practices 20 INDEMNIFICATION a To the fullest extent permitted by law, the Controctor shall indemnify and hold harmless the Owner, landscape Architect, Landscape Architect's consultants, and cigents and employees of any of tf►em from and ogoinst claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily in1ury, sickness, disease or death, or to injury to or destruction of tongible property (other than work itself) including loss of use resulting therefrom but only to the extent caused in whole or in port by negligent octs or omissions of If* Contractor, a subcontractor, anyone direcOy or indirectly employed by them -or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder: Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person. described in this Section b. In claims against any person or entity indemnified under this Section by on employee of the Contractor, a subcontractor, o one direct or ender 1 on fy ectiy employed p o yed by them or anyone for whose octs may be liable, the indemnification obligation under this suction shall not be limited a Iirni ti n b o on amount or type of damages, com tion or benefits payable by or for the Contractor or a subcontractor under wo er's compensation acts, disabilitybenefit acts or other employee pbyee benefit acts C. The obligations of the Contractor under this section shall not extend to the liability of the Landscape Architect, the landscape Architect's consultants, and agents and employees of any of them oris ng out of (1 ) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the givenof or the failure to give directions or ients pnstructions by the Landscape Architect, the landscape Architect's consultants, and o and em I g oYles of any of them provided such giving or failure to give is the primary cause of the injury or damage. ■ 21. SAFETY OF PERSONS AND PROPERTY - a. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Wormonce of the Contract. b. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent domoge, injury or loss to: employees on the work and other persons who may be affected thereby; the work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's subcontractors; and other property at the site or odjacent thereto, such as trees, shrubs, towns walks, pavements, roodw , structures and utilities not designated for removal, refocotion or replacement in course of construction c The -Contractor shop ive notices and comp with applicable Daws, ordinances, rules, regulations a lawful orders of publicauthorities 9 p bearing on safety of persons or property or their protection from damage, injury or bis. d The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the ublic The Contractor shall hove under construction no greater amount of work on can be performed properly with due regard to the rights of the public 22 PROJECT SITE MAINTENANCE a Throughout all thones of construction, and until acceptance of the work, the Contractor shalleep the project site clean and free from rubbish and debris b Costs incurred due to cleanup operations shall be as included in the prices bid for the various items of work and no separate payment will be mode. therefor 23 AIR POLLUTION Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which op 1•y to any work performed pursuant to the Contract and shall not discharge smoke dust or any other air contaminants into the quantity atmosphere in such as will violate the regulations of any 69olfy constituted authority p q ty 24 NOISE CONTROL Contractor shall comly with all local sound control and noise level regulations and ordinances which of p to on work performed pursuant to the Contract, and shall make every effort to control on undyue noise resulting from the construction operation 25 PESTICIDES/HERBICIDES Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Deportment of Health the Deportment of Industrial Relations and all other .agencies which govern the use of pesticides/herbicides required in the performance of the work 26 DUST CONTROL The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water or other means as necessary, and shall save the Owner free and harmless from any claim for loss or-, damage sustained by others and resulting from operations on the project site 27 UTILITIE S When elating concrete around or contiguous to any utility, the Contractor shall assume responsibility for costs to furnish and install a cushion of expansion joint material, clear opening or sleeve, or by other suitable means shall prevent embedment in or bonding with the concrete - 28 PATENTS AND ROYALTIES The Contractor shall absorb in its bid, the patent fees or royalties on any patented article or process which may be furnished .or used in the work The Contractor shall indemnify and hold the- Owner harmless from any legal actions that may be brought from infringement of patents 29 PAYMENTS o The Contract sum is stated in the Contract and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the work under the contract documents b. Before the first application for payment, the Contractor sholl submit to the Owner a schedule of values allocated to vorious portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Owner may require This schedule, unless objected to by the Owner shall be used as a basis for reviewing the Contractors applications for payment D"INAGE A GENERAL I- Controctor Shop provide all lobar, moteriols, and equipment to furnish and install drainage systems as indicated on the drawings and as specified herein. 2 Contractor shall maintain the project site throughout the progress of the work in a reosor►able., dry, workable condition, Free of surface water. 3. Controcrtor sfx!! be responsible for all cutting and poising of new_ or existing walks, curbs and pavements required for proper installation of drainage systems. 4, Trench bottom shop be eroded and prepared to -provide a firm and uniform bearing surface throughout entire length of pipe 5. In order to make any necessory adjustments, connections that are to be mode to on existing pipe, catch basin or other appurtenances shall be exposed and inspected before laying new pipe. B HORIZONTAL SUBDRAINS 1 . Catch basins shall be as indicated and installed as detailed on the drawings. 2. Pipe shall be as indicated on the drawings and laid and jointed in accordance with generally accepted practice and to line and rade as designated on the drawings, with ends of pipe lace flush g p p placed us with the inside face of the cutch basin. . 3 Interior of Pipe shall be thoroughly cleaned of all foreign matter prior to, during, and after installation in the trench A. Invert of curb drains shall be located a minimum of one inch (1 `} above` the gutter flow line.. Drain pipe shall have a minimum clearance of two inches -(2")%from top of curb and terminate at least one inch (1 } bock. of curb face. C. BACKFILL Backfill material shall be free from large clods, stones, and other objectionable materials, exceeding three inches (3") in diameter. Y CIT*- CITY OF FONTAMA,I CALIFfIRNIA ■ ■ Y om ? 3I�Ot 25 oF2 9 {