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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.
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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.
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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.
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