Loading...
HomeMy WebLinkAbout2885-13o T 1. DEFINfTONS o. Word: used her in the masculine gender wAtde Ilse feminine and neuter, and vice verso; the swpnla number includes the p1wal, and " plural 0110 singular. The word 'person' includes a corporation, association or pollAWship. b. Unless otherwise sp0ctiico�► defined herein, a unless 0110 cate�e requires o different mleaninp, ON wads, , vywAwk, Im it and phrases moving o wrN known or technicol wAonwq shot be so construed . C. Whenever in these :pecifiootiols, or in any documents or instruments where the" , the foNowinp Berms we used, the intent and mooning thereof sW be as 1016W •. CONTRACT - RepnsenK de emir e and inteI'- agreement between *110 Owner and 01e Contractor. The contract documents forms the Contract for construction. CONTRACT DOCUMENTS - These specifications, the drowwW, addenda issued pprrior to execution of the Contract, and *o Contract betwren the Owner and she Contractor. CONTRACTOR - The person or entity whose bid is accepted and to whom the Contract is awarded. LANDSCAPE ARCHITECT - The pnsir-.sionol 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 Cotroct Documents and includes providing all tabor, materials, equipment, transportation, tools, and incidettols necessary to complete the work in a solisfoctory manner. 2. CONSTRUCTION PROCEDURE Contnocior sholl not be relieved of ob6patiors to perform the work in accordance with the Contract Documents either by activities of duties of the Owner, Landscape Architect, or by tests, inspections or approvals required or performed by persons other thon the Contractor. 0 3. LITY NoNher the Contract 0 0maty be awarded, nor any of the monies "#,Ray become due to she Contractor under such Contract, may be assigned by said Contractor without the written consent of the Owner. 4. SERVICE OF NOTICE The delivery or moiling of any notice, waortiCtion, clown or protest, or other written communicotio u, ppeerrss�onwoNy so 1110 Contractor or to the Owner, sholl constitute service 0heteof upon the Contractor, or the Owner, respectively 5. SUBCONTRACTS a. Contractor shots set 6*in dnti bid de none and the location of each subcontractor who will perform work or tabor or render service to the Contractor in or about the construction of the work. b. Contractor must have the written consent of the Owner 'o substitute o subcontroctor other than that designated in the bid. 6. BONDS AND NVSURANCE a. Before execution of the Contract with the Owner, the Contractor shots file with the Owner sung bonds and applicable public liability and property domage insurance satisfactory to the Owner in *s amounts and for the purposes specified in the Contract. Bonds shot be duly executed by o responsible corporate surety, authorized to issue such bonds in ** opplicoble State of the project and secured through on ou*haized agent. Controctor shot pay all bond premiums, costs and incidentals. b. Chong" in the work, or extensions of time, made pursuant to the Contract, sholl in no way release the Contractor or surety from their obligations. 7. DRAWINGS AND SPECIFICATIONS a. The contractor shot keep of the project site o �P� of the drawings and specifications. In the event o disaeponcy exist between7iigures and/or drowings, the disctepolcy shot be imlmlediolely submitted so the Owner for clarification. Any odjustment mode by the Contractor without obtaining such cbrificotion from the Owner "N be at the Controc or's risk and expense and be subjec+ to removal if said adjustment does red meet the approval of the Owner. b. The Contract documents as defined herein, on intended to be rood together to 0 describe o complete and "shed piece of wok, including oN tabor, materials and equipment necessary for de proper execution of the pprroject. Anything in the specifications and not on the drawings, o on the Browing: and not in the specifications, shot be as though shown of mentioned in both. S. SHOP DRAWINGS OR PRODUCT DATA AND SAMPLES o. 'Shop draw,s, product data, somples, and similor submittals ore not contract documents. Tho purpose of *heir wbmi0sols a so demonstrate for those portions of the work for wrhich submiuols ore required dW way 00 Contractor proposes to conform+ to *he iniormnolion given and the design concept expressed in the drawings. b. The Contractor shot review, approve, and submit such submittals required by the contract documents 1with reasonable proatptness 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 dtock ng far eonformoneewri0h ormlotion given and the design concept expressed in e contract docvmenta. Review such submiNvls o red conducted for shthe purpose of determining accuracy and completeness of other duties such as dimensions and quantities, or for wbstottiot�i.n+p intstrwdios for insoolotion or of equipment or systems, oN of whicfn remain the responsibility of the d. The Landscape Archftds review sholl not constihrte approval of safety precautions or, of any construction means, methods, techniques, sequences a procedures. 9. SUBSURFACE DATA Where i - 11-i - mic o of site conditions how been mode including subsurface conditions in atoms wvhlere wok is to los petfotttled under the Control, such investigations ore mode ifor the purpose of study and design. AN soil and geologicol test hole data, water atable elevations and agricultural wibblity soil analyses apply only of the locations of the test and to the depths indicoted. 10. CHANGE ORDERS a. The Owner F at any lime prior to acceptance of the work, by written order to Contractor M widwut notice to sureties, increase or decrease the estimated quantty of work or material, make oberohons, deviations, additions to or omissions from dw drawings and specifications, and make chwiges in the project as may be deemed rneeeswry or advisable, within the general scope *wool - Its b. No claim for oddilioral work of material will be oNowed unless supported by a wrriNen Change Order sig a by the Owner and the Conlroclor SWN 1h if agreement upon ON of the fr ing: - Chonpe in 0110 work . • Amount of the odjustment in the Contract sum; and • Extent of the odjusiment in the Cortroct time, if any. 11. CONTROL Of MATERKS a. Mow", parts and equipment to be furnished by the Controcior shot be new, unless otherwise specified in these specifications or noted on the drawings. The materials shot be handled, and used in a workm+onllike manner. b. All materials Owl be subject to rigid inspection and 4, in the opinion of the Owner the some do not aompllr with the eontlrod documents, said wow" shots be rejected ad it remloved from the promises of de expernw of tfle Conlr+odov. c. warranties, guaranties, innstrwChos sheets and pats lists which ore furnished wish certain orf cies or mow" incorporated in d1e work, shot be delivered to the Owner prior to acceptance of the work. 12. SAAAPLFS AND TESTS The Contractor shot furnish such samples of all materials as requested by the Owner without ehwrge. labor andequipment necessary for the furnishing of such samples shah be the responsibility of the Controctor 13. SUBSTITUTION OR EQUIVALENTS a. For convenience in designation on the drawings or in the specifications, certain articles of materiols to be incorporated in the work may be designated under o e trade nomor the name of a monufocturer and catalogue number. Subject to opproval by the Owner or landscape Architect, on obernotive article or material may be utilized. b. The burden of proof os to the quality and suitability of okernotives sholl be upon the Contractor. 14. CERTIFICATES C`COMPLIAN E When- requested, Contractor shall furnish the Owner with o Certificate of Compliance sooting *hot the material substontiolly meets the specifications 15. SUFFICIENCY OF TIME Should the Contractor be obstrueied or deloyed in the prosecution or completion of the project byy the Oct, neglect, delay or defouk of the Owner, or as o result of strikes, fire, flood, IhI' storms or eorthquokes, or by unavoidable calamity or other unforeseen couses that in the opinion of the Owner, ore beyond the control of the Contractor, then the Owner may consider an extension of time for the completion of the project. 16 S"JPPAGEOF WORK AND ANNU1 MENT Of CONTRACT o. 0 the construction of the project be obondoned by the Controctor or if at any time the Owner sholl be of theopinion that the performonce W the Contract is unnecessarily or unreasonably delayed, or shot *he Contractor is willfully violating any of the conditions or covenants of the Contract, the Owner may notify the Contractor not to resume or to discontinue, as the case may be, all work or any port thereof eontempbted under the Contract by o written notice served upon Contractor. The Owner sholl chorge the expense of such equipment, labor and n►ateriols, plus ten percent (101/6) of the cost thereof, for administrative expense against any sums of money due or to become due the Contractor, or against the sureties to the extent of their liability. b in lieu of the foregoing provisions to suspend the Cottroct, the Owner may poy *h+e Contractor for the completed portions of the projret 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 OF WORK The Owner may order the Contractor to suspend the work on the pro' wholly or in part for such period of time as may be deemed necessary due to uruuitabie weather or to such other conditions as may be considered unfavorable for the suitable prosecution of *he work. Work sholl be resumed when conditions ore fovoroble or when the methods have been corrected, as directed and opproved in writing by the Owner. 18. LAWS TO SE OBSERVED The Controc►or sholl be fully informed of oll Mote and National taws and municipal ordinonces or regulations which in any manner affect those engaged or employed to the work, or the materials used in the work, or which in any way o*ect 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 shot comply with applicable Federol and State provisions of the labor Code and Fair Employment Practices. 20. INDEMNIFICATION o. To the fullest extent permitted by taw, the Contractor shot indemnify and hold hornless the Owner, Londscope Architect, landscape Architect's consultorts, and ogw* and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of de work, provided that such claim, damage, loss or expense is attributable to bodily njury, sickness, disease or death, a to injury to or destruction of 66 PraP•rty $other ikon work *sA including loss of use resulting therefrom but on tothe extent caused in whole or in port by negligent octs or omissions of the Corkoctor, o subcontrocs r anyone directly a indirectly employed by them a anyone for whose ods they may be liable, regardless of whether or not such claim, donnoge, loss or axperse s caused in port by a port' itdeminified hereunder. Such obligation shot not be construed to negate, abridge, or reduce other rights of obligations of indemnity which would otherwise exist as to a party or person described in this Section. b. In claims ogoinst any person or entity indemnified under this Section by on emlpbyee ofihe Conlrockx , a subconrroctor, anyone directly a indirectly employed by them or anyone for whose ods maty be Flo", the Waomnificotion obran po* under this secular shot not be limited jr o G be on amount or type of damages, tom on or benefits payable by or for the Controctor of o subconk W,ckr under 's eompersotion octs, disability benefit octs or other employee benefit och. c. The obligations of the Controdor under this section shot not e�eend b the MUS." iy of the landscape Architect, the londscope Architect's consubonts, and ope!+�s and • employees of any of *hem oris *.ng out of (1) the preparation or opproval al mops, drawings, opinions, reports, surveys, change orders, designs or specifiootiols, a (2) the givwnp of or On failure so give directions or instructions by the Londscope Architect, lhet landscape Architect's consultants, and ogw is and em 6 of any of diem provided such giving or failure to give is the primary cause cl wo 'injury of damage. 0 n 21. SAFETY OF PERSOM AND PROPERTY a. The Contractor shot be neponsele for initialing, mnointoininhg ad ON safey precoutiw►s and proprat�s in comedian with do perfarmne�dle Conirod. b. The Caltroclor shalltake reosonchk precoutim" for safely of, and shot provide wasanoble pr�otedian b prrwrerd damage, or loss to: emhplayees on the work and other persons afro may be oAectederyreby; de work and materials ord equipanent to be ' dwr .A,wvlwow in storape an or of de Bile, under con, cWoody or oonad of the Conlrodor or the Conkochm's suboortlrod n; and oder property of de silo or od jooert dnereb, such as trees Arvin, towns walks, pov.mwts, nee str ' dei WC%M and uttfii Z not designated Vw removal, re�000tion a m course of construction. c. The Contractor sW rand ply with opplicable taws, ordinances rules, regulotiors :3"k6rwMMI9Co*rIders alis public ovlhoriliesbearing on "ivy o� persons or property or their protection from damage, injury a loss. d . The Co sroctor shall so conduct "Wohons as to offer the least possible obstruction and incotivenienee to the pubwc. The Contractor shot have under i no p�amount K work thou con be performed properly with due regard to the of the 22- PROJECT SITE AAoktMNANCE o. Throughout oN phases of construction, and until acceptance of the work, she Contractor shot keep the project site dean and free from rubbish and debris. 4 b. Costs incurred due to cleanup operations shot be as included in the prices bid for the various items of work and no separate payment wiN be mode therefor . 23. AIR POLLUTION Controctor shot cglnply with a$ oir pollution control rules,re�ubtions, ordinances and statutes which oppiy to any work performed pursuant to the Contract and shot not discharge snake, dust or any other air eortominort: into the otnosphere in such quantity as will violate the regulations of any legally constituted authority. 24. NOISE CPIfROL Contractor shotom with oN local sound control and noise level regulations and ordinances which App r b any work performed pursuant so the Contract, and sholl make every effort to con+rol on undue noise resulting from she construction operation. 25. PESTICIDES/ JERIMCIDES Contractor shah c,>mply with all rules and regulations of the Deportment of Food and Agriculture, the D%,wimert of Hieokh, the Deportment of Industrial Relations and all other agencies which gc vern the use of pesticides/herbicides required in the performonce of the work. 26 DUST CONTRO The Contractor sH oll obate dust nuisance by cleoning, sweeping and sprinkling with WOW, or other myons as necessary, and shot save the Owner free and harmless From any claim for loss or domoge sustained by others and resulting from opwotions on the Project site. 27. VTILITIES When plocing concrete around or contiguous to any utility, the Contractor shot assume responsibility for costs to furnish and instal a cushion of expansion joint material, clear opening or sleeve, or by other suitable means sholl prevent embedment in or bonding with *fie concrete. 28. PATENTS AND ROYALTIES The Contractor shots absorb in its W. the potent fees or royvhies on any patented orticle or process which may be furnished or used in the work. The Cottroc*or shot indemnify and hold the Owner harmless from ony legal ocwm that may be brought from infringement of potents. 29. PAYMENTS a. The Contract sum is stated in the Contract and, including authorized adjustments, is the *otol amount payable by the Owner to *he Contractor for performonce of the work under the contract documents. b. Before the first opplico►ion for payment, the Contractor shop submit to *he Owner a schedule of values allocated to various portions of the Work prepared in such form and supported by such dojo to substantiote its occur as t�10 Owner may require. This scf,edule, unless objected to by the Owner shall be used as o basis for reviewing the Contractor's applications for poyment. DRAINAGE A. GENE l . Contractor shot provide all bbot, materials, and equipment to furnish and install drainage systems as indicated on the drawings and as specified herein. 2. Contractor shoN mpintoin the project site throughout she progress of the work in a reasonable, dry, workable condition, free of surface wow. 3. Cotroctor shall be for all tuning andof new or existing wol ks, curbs and paympioid required for proper mstoNdan of drainage systems. A. Trench bo*tom std a eroded and prepared to provide o firm and uniform bearing surface ooough ow let of pipe 5. In order to make ony necessary adjustments, connections that ore to be made to on existing pipe, catch basin a other oppurtenonces shot be exposed and inspected before hying new pipe. 6. HORIZONTAL SUBDRAINS 1. Catch basins shot be as indieo*ed and installed as detailed on the drawings. 2. Pipe std be as indicated an the drawings and bid and jointed in accordance with 9«� end: d n and to line and rode as desonoted on the drawings, with of pipe flush with the face of the catch bosin. 3 . interior ofpipe shot betFtonouphmoverniy cleaned of oN foreigmover prior b, during, and often instoNvtion in the trench. 11 A. Invert of curb drains shoN be booted o minimum of one inch (1') above de gutter Row line. Drain pipe shot have a minimum clearance of two Mhdes (20) ftnrn top of curb and terminate of least one inch (1') bock of curb loco. C. &A LKFIU boddtR ttroteri J sholl be fret from longe cods, sones, and other objedio noble materials, exceeding three inches (3') in diometer. o 0 n Y ■ CITY OF FONTANAt CALIFORNIA OAAIIN sY: 7 srstarto sr � AMONO ED BY: CITY ENGINEER R.0 E. 25121 EV CAN 12 11 ! owc rW Ll CITY OF FONTANAt CALIFORNIA OAAIIN sY: �CAIf: srstarto sr oAa. AMONO ED BY: CITY ENGINEER R.0 E. 25121 EV CAN 12 11 ! owc rW Ll w 2 0,< $7-10(.