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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
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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.
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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:
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- 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
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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
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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.
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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.
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CITY OF FONTAMA,I CALIFfIRNIA
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