|
o
<br /> GENERAL CONDITIONS 8. SHOP DRAWINGS OR PRODUCT DATA AND SAMPLES
<br /> 16. STOPPAGE OF WORK AND ANNULMENT OF CONTRACT 23, AIR POLLUTION IL
<br /> 1 . DEFINITIONS a. Shop drawings, product data, sample, and similar submittals are not contract
<br /> a. If the construction of the project be abandoned by the Contractor, or if at any Contractor shall comply with all air pollution control rules, re ulations, ordinances ® ®e e a e e e® �
<br /> a. Words used herein in the masculine ender include the feminine and neuter, documents. The purpose of their submittals is to demonstrate for those p Y p g ��,
<br /> g time the Owner shall be of the opinion that the performance of the Contract is and statutes which apply to an work performed pursuant to the Contract and
<br /> portions of the work for which submittals are required the way the Contractor pp Y Y p p �®�® UUMEL
<br /> NIIIIIIIIIII 11
<br /> and vice versa; the singular number includes the plural, and the plural the singular. unnecessarily or unreasonably delayed, or that the Contractor is willfully shall not dischar e smoke, dust or an other air contaminants into the a a -
<br /> The word 'person" includes a corporation, association or artnershi proposes to conform to the information given and the design concept expressed g Y 11 ( ) ) �
<br /> p p partnership. in the drawings. violating any of the conditions or covenants of the Contract, the Owner may atmosphere in such quantity as will violate the regulations of any legally � 111111�I I& ff ff A AW
<br /> notify the Contractor not to resume or to discontinue, as the case may be, all constituted authorit ���
<br /> Y �AT M M a s a�
<br /> b. Unless otherwise specifically defined herein, or unless the context requires b. The contractor shall review, approve, and submit such submittals required by the work or any part thereof contemplated under the Contract by a written notice W - - INV'
<br /> a different meaning, all words, abbreviations, symbols, terms and phrases having contract documents with reasonable promptness and in such sequence or to served upon Contractor. The Owner shall charge the expense of such equipment, 24. NOISE CONTROL
<br /> a well known or technical meaning shall be so construed cause no delay in the work. labor and materials, plus ten percent ( I O%) of the cost thereof, for administrative ©2017STARBUCKSCOFFEE COMPANY
<br /> c. Whenever in these specifications, or in any documents or instruments expense against any sums of money due or to become due the Contractor, or Contractor shall comply with all local sound control and noise level regulations and
<br /> where these specifications govern the following terms are used, the intent c. The landscape Architect's review of such submittals is for the limited purpose of against the sureties to the extent of their liability. ordinances which apply to any work performed pursuant to the Contract, and shall STARBUCKS COFFEE
<br /> and meaning thereof shall be as follows: checking for conformance with information given, and the design concept make every effort to control any undue noise resulting from the construction
<br /> expressed in the contract documents. Review of such submittals is not conducted b. In lieu of the foregoing provisions to suspend the Contract, the owner may pay operation. COMPANY
<br /> CONTRACT - Represents the entire and integrated agreement between the for the purpose of determining accuracy and completeness of other duties such the Contractor for the completed portions of the project according to the 2401 UTAH AVENUE SOUTH
<br /> Owner and the Contractor. The contract documents form the as dimensions and uantities or for substantiatin instructions for installation or provisions of the Contract and may treat the portions remaining uncompleted as SEATTLE, WASHINGTON 98134
<br /> Contact for construction q g if said portions had never been included or contemplated b the Contract. 25. PESTICIDES/HERBICIDES (206) 318-1575
<br /> performance of equipment or systems, all of which remain the responsibility of the p p Y
<br /> Contractor. Contractor shall comply with all rules and regulations of the Department of Food and THESE DRAWINGS AND SPECIFICATIONS ARE
<br /> o CONTRACT DOCUMENTS - These specifications, the drawings, addenda issued
<br /> 17. TEMPORARY SUSPENSION OF WORK Agriculture, the Department of Health, the Department of Industrial Relations and all CONFIDENTIAL AND SHALL REMAIN THE SOLE
<br /> (N prior to execution of the Contract, and the Contract between the d. The Landscape Architect's review shall not constitute approval of safety other agencies which govern the use of pesticides/herbicides required in the PROPERTY OF STARBUCKS CORPORATION,
<br /> owner and the Contractor. WHICH IS THE OWNER OF THE COPYRIGHT IN
<br /> (No precautions or, of any construction means, methods, techniques, sequences or The Owner may order the Contractor to suspend the work on the project wholly or performance of the work. THIS WORK. THEY SHALL NOT BE
<br /> NI
<br /> CONTRACTOR - The person or entity whose bid is accepted and to whom the procedures. in part for such period of time as may be deemed necessary due to unsuitable REPRODUCED (IN WHOLE OR IN PART), SHARED U Contract is awarded. weather or to such other conditions as may be considered unfavorable for the 26. DUST CONTROL WITH THIRD PARTIES OR USED IN ANY MANNER
<br /> 0 9. SUBSURFACE DATA suitable prosecution of the work. Work shall be resumed when conditions are ON OTHER PROJECTS OR EXTENSIONS TO THIS
<br /> PROJECT WITHOUT THE PRIOR WRITTEN
<br /> (1) LANDSCAPE ARCHITECT - The professional services firm who prepared the project favorable or when the methods have been corrected, as directed and approved The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with CONSENT OF STARBUCKS CORPORATION.
<br /> Q p p p p J Where investigations of site conditions have been made including subsurface in writing by the Owner. water, or other means as necessary, and shall save the owner free and harmless THESE DRAWINGS AND SPECIFICATIONS ARE
<br /> drawings and specifications for the Owner. conditions in areas where work is to be performed under the Contract, such
<br /> � p from any claim for loss or damage sustained by others and resulting from INTENDED TO EXPRESS DESIGN INTENT FOR A
<br /> investigations are made only for the purpose of study and design. All soil and Operations on the project site. PROTOTYPICAL STARBUCKS STORE (WHICH IS
<br /> 06 OWNER - The person or entity identified as such in the Contract. eolo ical test hole data, water table elevations and a ricultural suitability soil 18. LAWS TO BE OBSERVED SUBJECT TO CHANGE AT ANYTIME)AND DO
<br /> g g g Y NOT REFLECT ACTUAL SITE CONDITIONS.
<br /> analyses apply only at the locations of the test and to the depths indicated. 27. UTILITIES NEITHER PARTY SHALL HAVE ANY OBLIGATION
<br /> c) WORK - The term work or project means the construction and services required The Contractor shall be fully informed of all State and National laws and municipal NOR LIABILITY TO THE OTHER (EXCEPT STATED
<br /> n by the Contract Documents and includes providing all labor, materials, ordinances or regulations which in any manner affect those engaged or employed When placing concrete around or contiguous to any utility, the Contractor shall ABOVE) UNTIL A WRITTEN AGREEMENT IS
<br /> C) equipment trans transportation, tools, and incidentals necessary to complete 10. CHANGE ORDERS in the work, or the materials used in the work, or which in an way affect the FULLY EXECUTED BY BOTH PARTIES.
<br /> p Y p Y Y assume responsibility for costs to furnish and install a cushion of expansion Joint
<br /> � the work in a satisfactory manner. a. The owner may at any time prior to acceptance of the work, by written order to conduct of the work, and of all such orders and decrees of bodies or tribunals material, clear opening or sleeve, or by other suitable means shall prevent
<br /> X Contractor and without notice to sureties, increase or decrease the estimated having any jurisdiction or authority over the same. embedment in or bonding with the concrete. ARCHITECT OF RECORD
<br /> m quantity of work or material, make alterations, deviations, additions to or mcg architecture
<br /> omissions from the drawings and specifications, and make changes in the project
<br /> �I 2. CONSTRUCTION PROCEDURE as may be deemed necessary or advisable, within the general scope thereof. 19. LABOR CONDITIONS 28. PATENTS AND ROYALTIES L °' °'
<br /> M U � .-
<br /> `'/LO
<br /> i
<br /> N
<br /> U N -
<br /> 00 Contractor shall not be relieved of obligations to perform the work in accordance b. No claim for additional work or material will be allowed unless supported by Contractor shall comply with applicable Federal and State provisions of the labor The Contractor shall absorb in its bid, the patent fees or royalties on any patented "
<br /> C) with the Contract Documents either by activities or duties of the Owner, landscape written Change Order signed by the Owner and the Contractor stating their Code and Fair Employment Practices. article or process which may be furnished or used in the work. The Contractor U)
<br /> Architect, or by tests, inspections or approvals required or performed by persons 41.0
<br /> 0o agreement upon all of the following. shall indemnify and hold the Owner harmless from any legal actions that may be 15635 Alton Parkway, Suite 100, Ervine,CA 92618
<br /> (v other than the Contractor. 20. INDEMNIFICATION brought from infringement of patents. P:949.553.1117 F:949.474.7056
<br /> p1 3. NON-ASSIGNABILITY • Change in the work
<br /> U Amount of the adjustment in the Contract sum; and a. To the fullest extent permitted by law, the Contractor shall indemnify and hold 29. PAYMENTS LANDSCAPE
<br /> Neither the Contract that may be awarded, nor any of the moneys that may become Extent of the adjustment in the Contract time, if any harmless the Owner, Landscape Architect, Landscape Architect's consultants, ARCHITECT STAMP �P�osca�F
<br /> rn and agents and employees of any of them from and against m
<br /> ainst claims, damages, a. The Contract sum is stated in the Contract and, including w
<br /> authorized adjustments, �c �s
<br /> due to the Contractor under such Contract, may be assigned by said Contractor
<br /> without the written consent of the Owner. 1 1 . CONTROL OF MATERIALS losses and expenses, including but not limited to attorneys' fees, arising out of is the total amount payable by the Owner to the Contractor for performance of W �p
<br /> or resulting from performance of the work, provided that such claim, damage, the work under the Contract documents. U 2Exp. 10/31/2
<br /> p4. SERVICE OF NOTICE a. Materials, parts and equipment to be furnished by the Contractor shall be new, loss or expense is attributable to bodily injury, sickness, disease or death, or
<br /> n unless otherwise specified in these specifications or noted on the drawings. to injury to or destruction of tangible property (other than work itself) b. Before the first application for payment, the Contractor shall submit to then
<br /> The materials shall be manufactured, handled, and used in a workmanlike manner. includin loss of use resultin therefrom, but only to the extent caused in whole Owner a schedule of values allocated to various portions of the Work, prepared
<br /> The delivery or mailing of any notice, instruction, claim or protest, or other written g g y p p p qTF of \Vce,
<br /> Q)
<br /> U) communications, personally to the Contractor or to the Owner, shall constitute or in part by negligent acts or omissions of the Contractor, a subcontractor, in such form and supported by such data to substantiate its accuracy as the
<br /> service thereof upon the Contractor, or the owner, respectively. b. All materials shall be subject to rigid inspection and if, in the opinion of the owner anyone directly or indirectly employed by them or anyone for whose acts they Owner may require. This schedule, unless objected to by the Owner shall be
<br /> the same do not comply with the contract documents, said materials shall be may be liable, regardless of whether or not such claim, damage, loss or expense used as a bass for reviewing the Contractor's applications for payment.
<br /> 5. SUBCONTRACTS rejected and immediately removed from the premises at the expense of the is caused in part by a party indemnified hereunder. Such obligation shall not be CHARLES
<br /> � Contractor. construed to negate, abridge, or reduce other rights or obligations of indemnity
<br /> TROWBRIDGE
<br /> a. Contractor shall set forth in the bid the name and the location of each which would otherwise exist as to a party or person described in this Section. DRAINAGE AND ASSOCIATES
<br /> 17901 ROMELLE AVENUE
<br /> c. Manufacturers warranties which • SANTA ANA,
<br /> U 05
<br /> subcontractor who will perform work or labor or render service to the Contractor guarantees instructions sheets and parts lists a PH(714)532-36-36 633 FAX
<br /> X(714)532-3667
<br /> in or about the construction of the work. are furnished with certain articles or materials incorporated in the work, shall be b. In claims against any person or entity indemnified under this Section by an A. GENERAL LANDSCAPE ARCHITECTURE LIC.#2242
<br /> delivered to the Owner prior to acceptance of the work. employee of the Contractor, a subcontractor, anyone directly or indirectly
<br /> Q b. Contractor must have the written consent of the Owner to substitute a employed by them or anyone for whose acts they may be liable, the I . Contractor shall provide all labor, materials, and equipment to furnish and install
<br /> No subcontractor other than that designated in the bid. 12. AND TESTS SAMPLES indemnification obligation under this section shall not be limited by a limitation drainage systems as indicated on the drawings and as specified herein. W
<br /> The Contractor shall furnish such samples of all materials as requested by the Owner on amount or type of damages, compensation or benefits payable by, or for
<br /> ? G. BONDS AND INSURANCE without charge. Labor and equipment necessary for the furnishing of such samples the Contractor or a subcontractor, under worker's compensation acts, 2. Contractor shall maintain the project site throughout the progress of the work in N
<br /> Q shall be the responsibility of the Contractor. disability benefit acts or other employee benefit acts. a reasonable, dry, workable condition, free of surface water. LO
<br /> cBefore,
<br /> Ia. execution of the Contract with the Owner, the Contractor shall file > 0')o with the Owner surety bonds and applicable public liability and property damage 13. SUBSTITUTION OR EQUIVALENTS c. The obligations of the Contractor under this section shall not extend to the 3. Contractor shall be responsible for all cutting and patching of new or existing Q Q
<br /> insurance satisfactory to the owner in the amounts and for the purposes specified liability of the Landscape Architect, the Landscape Architect's consultants, walks, curbs and pavements required for proper installation of drainage systems. ,,ma�xx Uj U 0
<br /> oin the Contract. Bonds shall be duly executed by a responsible corporate surety, a. For convenience in designation on the drawings or in the specifications, certain and agents and employees of any of them arising out of ( I ) the preparation W LU
<br /> I authorized to issue such bonds in the applicable State of the project and secured articles or materials to be incorporated in the work may be designated under a or approval of maps, drawings, opinions, reports, surveys, change orders, 4. Trench bottom shall be graded and prepared to provide a firm and uniform LU �
<br /> � LL Z
<br /> a� through an authorized agent. Contractor shall pay all bond premiums, costs and trade name or the name of a manufacturer and catalogue number. Subject to designs or specifications, or (2) the giving of or the failure to give directions bearing surface throughout entire length of pipe. Q U O
<br /> incidentals. approval by the Owner or Landscape Architect, an alternative article or material or instructions by the Landscape Architect, the Landscape Architect's z LL Q Q
<br /> b. Changes in the work, or extensions of time, made pursuant to the Contract, may be utilized. consultants, and agents and employees of any of them provided such giving or 5. In order to make any necessary adjustments, connections that are to be made to U U D
<br /> 06 failure to give is the primary cause of the injury or damage. an existing pipe, catch basin or other appurtenances shall be exposed and LU U W U
<br /> shall in no way release the Contractor or surety from their obligations. O O
<br /> U b. The burden of proof as to the quality and suitability of alternatives shall be upon inspected before laying new pipe. Q
<br /> O O
<br /> U the Contractor. 00
<br /> 7. DRAWINGS AND SPECIFICATIONS 2 1 . 5AFETY OF PER5ON5 AND PROPERTY a
<br /> I B. HORIZONTAL SUBDRAINS
<br /> a. The contractor shall keep at the project site a co of the drawin sand 1 4. CERTIFICATES OF COMPLIANCE a. The Contractor shall be responsible for initiating, maintaining and supervising all
<br /> p p J copy 9 STORE #: 5470
<br /> specifications. In the event a discrepancy exists between figures and/or safety precautions and programs in connection with the performance of the I . Catch basins shall be as indicated and installed as detailed on the drawings.
<br /> LO X drawings, the discrepancy shall be immediately submitted to the Owner for When requested, Contractor shall furnish the Owner with a Certificate of Contract. PROJECT #: 03030-052
<br /> Go clarification. Any adjustment made by the Contractor without obtaining such Compliance stating that the material substantially meets the specifications. 2. Pipe shall be as indicated on the drawings and laid and Jointed in accordance with PROFILE TYPE: CORE
<br /> clarification from the owner shall be at the Contractor's risk and expense and b. The Contractor shall take reasonable precautions for safety of, and shall provide generally accepted practice and to line and grade as designated on the drawings, ISSUE DATE: CHECKSET 2-10-20
<br /> �
<br /> be subject to removal if said adjustment does not meet the approval of the Owner. 15. SUFFICIENCY OF TIME reasonable protection to prevent damage, injury or loss to: employees on the with ends of pipe placed flush with the inside face of the catch basin. PROGRAM MANAGER: M.DREBIKA
<br /> op work and other persons who may be affected thereby; the work and materials STORE DESIGNER: M.DREBIKA
<br /> Xb. The Contract documents, as defined herein, are intended to be read together to Should the Contractor be obstructed or delayed in the prosecution or completion and equipment to be incorporated therein, whether in storage on or off the site, 3. Interior of pipe shall be thoroughly cleaned of all foreign matter prior to, during, LEED®AP: N/A
<br /> of the project b the act, ne lett, dela or default of the Owner, or as a result under care custody or control of the Contractor or the Contractor's and after installation in the trench.
<br /> D describe a complete and finished piece of work, including all labor, materials and p J y g Y y CHECKED BY: A.FELDMAN
<br /> equipment necessary for the proper execution of the project. Anything in the of strikes, fire, flood, lighting, storms or earthquakes, or by unavoidable calamity, subcontractors; and other property at the site or addacent thereto, such as
<br /> o
<br /> or other unforeseen causes that in the opinion of the Owner, are beyond the trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not 4. Invert of curb drains shall be located a minimum of one inch ( I ") above the gutter MCG PROJECT#: 18531
<br /> specifications and not on the drawings, or on the drawings and not in the
<br /> o control of the Contractor, then the owner may consider an extension of time for designated for removal, relocation or replacement in the course of construction. flow line. Drain pipe shall have a minimum clearance of two inches (2 ) from top
<br /> MCG PROJ. MANAGER: C.LEE
<br /> specifications, shall be as though shown or mentioned in both the completion of the project. of curb and terminate at least one inch ( I ") back of curb face. MCG PROJ. SPECIALIST: S.PARK
<br /> U
<br /> Q) c. The Contractor shall give notices and comply with applicable laws, ordinances,
<br /> rules, regulations and lawful orders of public authorities bearing on safety of L__ Revision Schedule
<br /> n persons or property or their protection from damage, injury or loss. C. BACKFILL
<br /> Rev Date By Description
<br /> d. The Contractor shall so conduct operations as to offer the least possible I . Backfill material shall be free from large clods, stones, and other objectionable
<br /> Obstruction and inconvenience to the public. The Contractor shall have under materials, exceeding three inches (3") in diameter.
<br /> construction no greater amount of work than can be performed properly with due
<br /> regard to the rights of the public.
<br /> 73
<br /> Q 22. PROJECT SITE MAINTENANCE SHEET TITLE:
<br /> LO
<br /> SPECIFICATIONS
<br /> LO a. Throughout all phases of construction, and until acceptance of the work, the
<br /> Contractor shall keep the project site clean and free from rubbish and debris.
<br /> SCALE: AS SHOWN
<br /> 0
<br /> No b. Costs incurred due to cleanup operations shall be as included in the prices bid for SHEET NUMBER:
<br /> N the various items of work and no separate payment will be made therefor.
<br /> N
<br /> LS-
<br />
|