4.1. Personnel. During progress of the work, CONTRACTOR shall keep on the work Site at all times that Work is underway competent management personnel (“Personnel” equals superintendent and engineer) satisfactory to DISTRICT.
a. Before commencing the work herein, CONTRACTOR shall give written notice to DISTRICT and ARCHITECT of the name, qualifications and experience of Personnel.
b. If any one or more of the Personnel is found unsatisfactory by DISTRICT, CONTRACTOR shall replace the unsatisfactory Personnel with one or more that are acceptable to the DISTRICT.
c. Personnel shall not be changed except with written consent of DISTRICT, unless Personnel proves to be unsatisfactory to CONTRACTOR and/or ceases to be in its employ, in which case, CONTRACTOR shall notify DISTRICT and ARCHITECT in writing and replace said personnel with one or more replacement acceptable to the DISTRICT.
d. Of the assigned Site Personnel, one or more persons shall be identified to represent CONTRACTOR and all directions given to identified personnel shall be as binding as if given to CONTRACTOR. If no single person is identified to represent CONTRACTOR, all Site Personnel shall be determined to act as CONTRACTOR representatives.
e. CONTRACTOR shall provide prior to the start of the Work, telephone numbers where Personnel can be reached 24 hours a day, 7 days a week.
4.2. Project Knowledge. CONTRACTOR shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills as may be necessary to perform the work in accordance with the Project Documents.
a. Document Inconsistency. CONTRACTOR shall carefully study and compare all Plans, Drawings, Specifications, and other instructions and shall at once report to ARCHITECT any error, inconsistency or omission which CONTRACTOR or its employees may discover. The CONTRACTOR represents itself to DISTRICT as a skilled, knowledgeable, and experienced CONTRACTOR. The CONTRACTOR shall carefully study and compare the Project Documents with each other, and shall at once report to the ARCHITECT any errors, inconsistencies, or omissions discovered. The CONTRACTOR shall be liable to the DISTRICT for damage resulting from errors, inconsistencies, or omissions in the Project Documents that the CONTRACTOR recognized and which CONTRACTOR knowingly failed to report and which a similarly skilled, knowledgeable, and experienced contractor would have discovered.
b. Verify Dimensions. The CONTRACTOR shall verify all indicated dimensions before ordering materials or equipment, or before performing work. The CONTRACTOR shall take field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to the CONTRACTOR with the Project Documents before commencing work. Errors, inconsistencies or omissions discovered shall be reported to the DISTRICT at once. Upon commencement of any item of work, the CONTRACTOR shall be responsible for dimensions related to such item of work and shall make any corrections necessary to make work properly fit at no additional cost to DISTRICT.
This responsibility for verification of dimensions is a non-delegable duty and may not be delegated to subcontractors or agents.
c. Intent. Omissions from the Plans, Drawings or Specifications, or the mis-description of details of work which are manifestly necessary to carry out the intent of the Plans, Drawings
from performing such omitted or mis-described work, but they shall be performed as if fully and correctly set forth and described in the Plans, Drawings and Specifications.
d. Unknown Conditions. Save and except as hereinafter provided, CONTRACTOR agrees at CONTRACTOR’S Own Expense to assume the risk and costs of Extra Work and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements.
1. Differing Site Conditions. Differing Site Conditions are those conditions located at the Site or in Existing Improvements and not otherwise ascertainable by CONTRACTOR in the performance of its obligations that constitute: (1) hazardous materials that constitute hazardous waste, as defined in California Health and Safety Code §25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of Applicable Laws; (2) subsurface or concealed conditions at the Site or concealed conditions in Existing Improvements which differ materially from those indicated by the Contract Documents or other information available to CONTRACTOR prior to the Notice of Award; or (3) unknown physical conditions at the Site or concealed conditions in Existing Improvements of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
2. Notice of Change and Investigation. If CONTRACTOR encounters conditions it believes constitute Differing Site Conditions, then CONTRACTOR shall, before such conditions are disturbed, give notice stating, without limitation, a detailed description and precise location of the conditions encountered. Upon receipt of notice from CONTRACTOR, DISTRICT shall promptly investigate CONTRACTOR’S report of Differing Site Conditions.
3. Change Order Request. If CONTRACTOR intends to seek a contract adjustment based upon Differing Site Conditions, it shall submit a complete and timely Change Order Request setting forth its request. If DISTRICT finds that Differing Site Conditions exist, then a contract adjustment shall be made in such amounts and durations as DISTRICT determines according to a good faith determination by DISTRICT are reasonable and permitted by these general conditions.
4. Waiver by Contractor. Failure by CONTRACTOR to strictly comply with these requirements concerning the timing and content of any notice or request for contract adjustment based on Differing Site Conditions shall constitute a waiver by CONTRACTOR of the right to further recourse or recovery upon such claim.
5. Final Completion. No claim by CONTRACTOR for additional compensation for Differing Site Conditions shall be allowed if asserted after final payment.
4.3. Daily Reports by Contractor. At the close of each working day, the CONTRACTOR shall submit a daily report to the DISTRICT, ARCHITECT and the Inspector, on forms approved by the DISTRICT, together with applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and
for other services and expenditures when authorized concerning Extra Work items. An attempt shall be made to reconcile the report daily, and it shall be signed by the DISTRICT and the CONTRACTOR.
In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the CONTRACTOR.
a. Labor. The report shall show names of workers, classifications, and hours worked and hourly rate. Project Superintendent expenses are not allowed.
b. Materials. The report shall describe and list quantities of materials used and unit cost.
c. Equipment. The report shall show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable, and hourly/daily cost.
d. Inspection and Testing Activities. A list of inspections performed by name of inspector and testing company and the type of inspection, items of the Work involved and a description of the outcome of such inspection or test.
e. Visitors, Guests, Dignitaries. A list of visitors and guests by name, title, company and purpose of visit.
f. Areas of the Work. As statement of the areas of the Site on which the Work was performed and a detailed description of the stage, status and progress of the Work in each such area at the beginning and end of the Day.
g. Accidents, Delays, Defective Work. A description in detail of any injuries to the workers, accidents or delays that occurred or defective work that was encountered.
h. Payment. Timely and complete submission of daily reports by CONTRACTOR shall be a condition to CONTRACTOR’S right to payment under the contract.
4.4. Progress Meetings. CONTRACTOR shall coordinate and attend all progress meetings at the Site, at which meetings progress of the Work shall be reported in detail with reference to the then-current updated Schedule accepted by the DISTRICT. Progress meetings shall be held weekly, or at such other time or frequency as DISTRICT, in its sole and absolute discretion, deems necessary. The ARCHITECT, Inspector of Record and each Subcontractor then actively performing Work, scheduled to become active within one week (greater if determined to be in the best interest of the project) or currently a critical path activity whether or not performing, shall have a competent and knowledgeable representative present at such progress meeting to report on the condition of the Work of such Subcontractor and to receive relevant information. Meeting notes shall be taken by the CONTRACTOR and draft form distributed to the DISTRICT, all meeting attendees and all other affected parties. Meeting Minutes will become final with incorporated comments by team members upon completion of the next regularly scheduled weekly meeting.
4.5. Notice Requirements. Under no circumstances shall information contained in CONTRACTOR’S daily job reports, monthly reports or progress meeting minutes relieve CONTRACTOR of its obligations to comply with, serve as a substitute for, nor constitute a waiver by DISTRICT of its right to insist upon, CONTRACTOR’S compliance with the provisions of the Contract Documents relative to timely and
complete notice to DISTRICT of changes, delays, claims, or other matters for which written notice is required by the Contract Documents.
4.6. Use of Site. CONTRACTOR shall coordinate operations with, and secure the approval of, DISTRICT before using any portion of the Site.
a. Staging Area. CONTRACTOR will be assigned staging space on or adjacent to the Site, and all field offices, materials and equipment shall be kept within this area. Unless otherwise required by the Contract Documents, CONTRACTOR shall be responsible for restoring such areas and surrounding areas to the condition they were in prior to CONTRACTOR’S commencement of the Work.
b. Existing Improvements. During the installation of the Work, CONTRACTOR shall ensure that Existing Improvements are adequately protected. Upon Final Completion of the Work, all Existing Improvements that may have been damaged shall be restored to the condition they were in prior to CONTRACTOR’S commencement of the Work.
c. Unauthorized Use. Personnel of CONTRACTOR and the Subcontractors shall not occupy, live upon or otherwise make use of the Site during any time that the Work is not being performed at the Site, except as otherwise approved by DISTRICT.
d. College Operations. CONTRACTOR shall anticipate and take all necessary and reasonable measures to minimize and control dust and noise that might interfere with the use or enjoyment of the Site by the DISTRICT and the College’s students, staff and visitors. The CONTRACTOR shall familiarize itself with the activities of the College, including, without limitation, campus functions and ceremonies and plan the Work so as to avoid interferences or disturbances therewith. The CONTRACTOR shall enclose the working area with a substantial barricade and arrange the Work to cause minimum amount of inconvenience and danger to students, faculty, staff and visitors.
e. Site Security. CONTRACTOR is responsible for the security of the Site and all of the Work.
Fences, barricades and other perimeter security shall be maintained in good condition and secured with locking devices. Damage shall be repaired immediately. Graffiti and unauthorized postings shall be removed or painted over so as to maintain a clean and neat appearance. Mobile equipment and operable machinery shall be kept locked or otherwise made inoperable whenever left unattended.
f. Persons on Site. CONTRACTOR shall not allow any person, other than the workers on the Project, or other individuals authorized by DISTRICT, to come upon any portion of the Site where the Work is being performed. Only authorized personnel will be permitted on the Site. CONTRACTOR shall at all times maintain good discipline and order among its employees and the employees of Subcontractors. Any person in the employ of CONTRACTOR or any of Subcontractor whom DISTRICT may deem, in its sole and absolute discretion, incompetent, unfit, intemperate, troublesome or otherwise undesirable shall be excluded from the Site and shall not again be employed on the Site except with written approval of DISTRICT and all losses to CONTRACTOR or DISTRICT associated therewith shall be paid at CONTRACTOR’S own expense.
g. Confinement of Operations. CONTRACTOR shall confine apparatus, the storage of materials and the operations of the workers to limits indicated by Contract Documents or as otherwise directed by DISTRICT in writing. CONTRACTOR shall confine access and parking at the Site to areas permitted by Applicable Laws and/or DISTRICT direction. CONTRACTOR acknowledges that it is experienced in performing construction within limited and confined areas and spaces such as those that are anticipated to exist on this Project and agrees to assume responsibility, without a contract adjustment, to take all special measures (including, without limitation, those related to protection, storage, staging and deliveries) as may be necessary to adapt its performance to the constraints of the Site.
h. Prohibited Substances. CONTRACTOR shall not permit (1) the possession or use of alcohol, smoking or controlled substances on the Site.
4.7. Dust, Fumes, Noise. CONTRACTOR shall take preventive measures to minimize, and eliminate wherever reasonably possible, generation of dust, fumes and noise.
a. CONTRACTOR shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three times daily during dry weather. Watering, with complete coverage of disturbed areas shall occur at least three times a day, preferably in the mid-morning afternoon and after work is done for the day.
b. The CONTRACTOR shall ensure that traffic speed on unpaved roads and Project site areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive dust haul road emissions by approximately 44%.
c. The California Air Resources Board, in Title 13, Chapter 10, Section 2485, Division 3 of the California Code of Regulations, imposes a requirement that heavy duty trucks accessing the site shall not idle for greater than five minutes at any location. This measure applies to construction traffic. Prior to grading, a sign shall be posted on-site stating that workers need to shut off engines after five minutes of idling.
d. All Rubber Tired Dozers and Scrapers shall be CARB Tier 2 Certified or better.
e. Equipment and materials shall be staged in areas that will create the greatest distance between construction related noise sources and the noise sensitive receptors nearest the construction site. Construction Equipment staging areas shall be located at least 300 feet away from Sensitive Receptors.
f. All equipment shall be equipped with properly operating and maintained mufflers. To the extent feasible, haul routes shall not pass directly by sensitive land uses.
4.8. Drainage, Erosion. CONTRACTOR shall be responsible for changes in patterns of surface water drainage resulting from, and related erosion control made necessary by, the performance of the Work. DISTRICT Projects are part of a larger common plan of development and CONTRACTOR’S are required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP) regardless of size of Project impacted area.
a. CONTRACTOR’S Responsibility. The CONTRACTOR shall (1) file and obtain the Storm Water Permit; (2) furnish all notices required under the Storm Water Permit; (3) prior to starting
any Work at the Site prepare the Storm Water Management Plans and Storm Water Pollution Prevention Plans; and (4) take all necessary steps to monitor, report, enforce and otherwise implement and comply with the requirements of the Storm Water Permit, Storm Water Management Plans and Storm Water Pollution Prevention Plans and all Applicable Laws pertaining to the elimination or mitigation of storm water pollutant discharge to separate storm sewer systems or other watercourses, including without limitation, applicable requirements of the State Water Resources Control Board, Orange County Region Water Quality Control Board and municipal storm water management programs.
b. Copies of Reports. The CONTRACTOR shall provide copies of all reports and monitoring information to the DISTRICT.
c. Violations. The CONTRACTOR recognizes and understands that failure to comply with the requirements of the Storm Water Permit is a violation of federal and state law.
d. Condition of Payment. Compliance by the CONTRACTOR with these requirements shall be a condition to the CONTRACTOR’S right to payment under its Applications for Payment.
e. Costs of Compliance. The CONTRACTOR represents and warrants that it has included in the contract sum all costs of compliance with these requirements.
4.9. Land Clearing and Excavation Activities.
a. Prior to land-clearing activities from February 1 through August 31, at the expense of the CONTRACTOR and in relationship to addressing CEQA mitigation measures, a qualified biologist shall first evaluate the type and extent of vegetation removal and the impact, if any on nesting birds. If determined necessary, the biologist shall conduct a survey and specify the appropriate mitigation measures for impacts which may include avoidance of occupied nests, working outside an established buffer area, modified scheduling of grading and clearing, and monitoring of active nests during construction.
b. Prior to any excavation, the CONTRACTOR shall compare the limits of proposed excavations with the depth and lateral extent of existing sub-surface disturbances, including foundations, utility and fill materials using information including but not limited to: as built construction plans, underground utility surveys and geotechnical information including boring and trenching logs. Should excavations exceed five feet in depth, a qualified paleontologist shall be retained to conduct additional paleontological assessment using pre-construction geotechnical surveys to better define the subsurface geological feature of the campus. Should data indicate paleontological sensitivity, District shall retain a qualified paleontologist to facilitate a preconstruction meeting and monitor all earth-moving activity with the potential to disturb previously undisturbed paleontologically sensitive sediment.
Should resources be uncovered as a result of grading or excavation shallower than five feet, work shall cease until a paleontological monitor arrives.
c. All clearing, grading, earth-moving or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
4.10. Solid Waste Management. CONTRACTOR shall comply with all provisions of Applicable Laws (including, without limitation, the requirements of the California Public Resources Code, rules and regulations of the California Integrated Waste Management Board and provisions of any Site-specific plans adopted by District) that are applicable to the activities of contractors performing construction or related activities on the Site.
a. Recycling. Without limitation to the foregoing, the Design-Build Entity shall take action to ensure that no less than ninety percent (90%) of marketable materials generated from the activities of the Design-Build Entity and Subcontractors on the Site that are not fully consumed in the performance of the Work are recycled.
b. Records. Design-Build Entity shall maintain, and make available to the District Project Manager upon request, complete and accurate records verifying its compliance with its obligations under this Section 3.23.
c. Condition of Payment. Compliance by the Design-Build Entity with these requirements shall be a condition to the Design-Build Entity’s right to payment under its Applications for Payment.
d. Costs of Compliance. The Design-Build Entity represents and warrants that it has included in the Contract Sum all costs of compliance with these requirements.
4.11. Remediation by CONTRACTOR. The provisions of this paragraph shall apply only if the Work to be
4.11. Remediation by CONTRACTOR. The provisions of this paragraph shall apply only if the Work to be