No preview available
CC RESOLUTION 921RESOLUTION NO. 921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUtvDO, CALIFORNIA, ADOPTING "SPECIFICATIONS COVERING THE FURNITURE FOR THE EL SEGUNDO PUBLIC LIBRARY, EL SEGUNDU, CALIFORNIA ". The City Council of the City of E1 Segundo, California, does hereby resolve, declare and determine as follows: SECTION 1. khat the following specifications, being and to be known as "SPECIFICATIONS COVERING THE FURNITURE FOR THE EL SEGUNDO PUBLIC LIBRARY, EL SEGuNDO, CALIFORNIA ", Be and the same are hereby adopted: "SPECIFICATIONS covering the FURNITURE for the EL SEGUNDO PUBLIC LIBRARY EL SEGUNDO, CALIFORNIA JANUARY 1948 AUSTIN, FIELD & FRY, ARCHITEC,S 629 CHAMBER OF COM:4ERCE BLDG. LOS ANGELES, CALIFORNIA. -1- "SECTION A GENEM CONDITIONS 1. QUEAAL: These general conditions, together with such modifications thereof or additions thereto as may be set forth In the 93peoial Conditions' section, are hereby made a part of each section of the specifications to the sane force and offset as if wholly embodied therein. 9. PRINCIPLES AND DEFINITIONS: Principles and definitions upon which the contract will be based are in part as follows: (a) The contract documents consist of the drawings; the specifications, the bulletins covering interpretations thereof or other instructions issued during the prenaration of bids; the agreement as executed by the Owner and the Contractor; and all subsequent modifications of the contract as agreed upon by the parties thereto. (b) The Owner, the Architect, and the Contractor are those named as such in the agreement. They are treated throughout the contract documents as if each were of the singular number and masculine gender. (c) The term 'suboontractort, as employed herein, in- oludes only those having a direct oontraot with the Contractor; it includes one who furnishes material worked to a special design in aoeordanos with the drawings or specifications for the work, but does not include one who sorely furnishes material not so worked. (d) Written notice shall be deemed to have boon duly served if delivered In person to the individual or to a member of the firm or to an officer of the corporation for whom it is Intended, or if delivered at or sent by registered mail to the last business address known to his who gives the notice. (s) The term wank includes labor or materials or both. (f) Tjft 11FI is stated in the oontr»ot documents are of the essence of the contract. - P. (g) The terms anprg mod, as dirseted, nroner, suitable, gati efaotorg, equal, and other words of similar meaning and intent, implying exercise of judgment, discretion, or decision to be made, shall refer to the judgment, discretion and de- oision of the Architect. (h) The term siallar shall apply in its general sense only and not as meaning identical, and all details of con- struction contingent thereon shall be worked out accordingly. 3. JiIRMICTION OF ARCHITECT: (a) The Architect shall decide all questions as to the Intent and meaning of the drawings, specifications, and re- lated documents, all questions as to errors and ambiguities therein or omissions therefrom and all questions as to the sufficiency of the performance of work under the contract; and both the Owner and the Contractor hereby concede and agree to such jurisdiction of the Architect. The Architect is like- wise conoeded authority to stop the work whenever such action Is deemed by him to be necessary in securing fulfillment of the requirements of this contract. (b) The satire work shall be executed under the super.. vision and control of the Architect and those duly appointed to represent him. The placing of materials on the premises, conduct of workmen, time and order in which the several parts of the work are installed, and all matters pertaining generally to the operations and orderly conduct of the Con- tractor, his subcontractors, and employses on the site of the work, shall be subject to the direction and approval of the Architect. 4. OIRM CONTRACTS: (a) The Owner reserves the right to do other work in connection with this project, either by contract or otherwise, and the Contractor shall afford such other contractors or workmen reasonable opportunity for the introduction and storage _.3- of their materials and execution of their work, and shall properly connect and coordinate his work with theirs. (b) Before starting work, the Contractor shall examine such wont of others as may affect the work under his charge, and shall report in writing to the Architect all conditions deviating from requirements of the drawings or specificationsr faulty or improper work, and all other conditions arising fros said work of others, or the doing of it, whereby his work may be impaired, and shall otherwise assure himself that all oon. ditions are, or will be, such as will permit proper execution of the work. S. INVOTI4ATIONS AND AE MENTATION : (a) The Contractor acknowledges that he has informed himself fully regarding the requirements of the drawings and specifications, these general conditions and such modifications thereof as may appear in the 'Special Conditions' section, and of all applicable laws, ordinances, and controlling regulations pertaining to the operations under the contract. (b) almiiarly, the Contractor will be held to have visited the site of the work, compared the ease with the requirements of the drawings and specifications, and to have informed him- self fully as to all existing conditions under which the work of the contract is to be performed, including topography of, approaches to, and improvements on or about the sits. (o) Any failure by the Contractor to have so acquainted himself with all available information concerning these oondi. bons, Including all other factors affecting costs or liabilities, shall not relieve the Contractor of responsibility for the full and proper performance of the work in accordance with the re. quirements of the contract documats, and for the amount of the consideration named therein or otherwise determined as herein provided. .•4. 6. SU$QONTRACTOAB: (a) Subcontractors for any and all parts of the Work must be approved by the Architect in Writing prior to exeou. %ion of their respective contracts. The Contractor shall submit in Writing the name of each and every subcontractor to Whom he proposes to make awards, and the Architect Will pass upon same With reasonable promptness. Failure of the Contractor to do so shall invalidate any or all subcontract agreements executed without such written approvnl, and the Contractor shall save harmless the Owner from all damages arising therefrom. (b) Should any action be taken by the Owner or the Architect With respect to subcontractors proposed for the Work be such as entails a greater or lesser cost to the Contractor, the consideration of the sontract shall be ad- justed accordingly under written order of the Owner as herein provided. Under no circumstances shall a contractual relationship be deemed to exist between the Owner and any subcontractor. (o) The Contractor agrees to bind every suboontrpotor, and every subcontractor agrees to be bound, by the terms of the General Conditions, Special Conditions, drawings, and specifications, insofar as applicable to their respective parts of the work. The duties and liabilities of the Con. tractor to each subcontractor shall be considered as corresponding to those which the Owner assumes toward the contractor under the provisions of the contract; of the subcontractors, the duties and liabilities assumed toward the Owner by the Contractor. (d) The Contractor will be held responsible for all subcontractors and trades working in harmony, and for the work of one not interfering With that of another, and shall so lay out the work that this end is accomplished. All ..5- subcontractors shall install their work in such mariner at such %lase as will not impede or Impair the work of other trades. (e) Suboontreotore shall accurately fit their work to all finished portions adjoining the same, and, to this and, shall take all measurements on the job as required to insure that their work fits the portion finished. Eaoh sub.. contractor shall clean up and remove from the site of the work all rubbish or loft- over materials resulting from his particular operations. 7. TIME OF M c (a) The Owner or the A rohiteet will designate the starting date when the Contractor shall begin and prosecute the work diligently to completion. The Contractor obligates himself to make the whole work complete and satisfactory on or before such date as shall be determined by the elapsed number of calendar days stipulated in the Wesson%, plus such allowance as may be approved by the Owner and Architect. (b) Days lost due to strikes, riots, inclement weather, sots or neglect of the Owner or Architect, or other extra- ordinary circumstances beyond control of the Contractor, may be added to dates for starting and completing the work, provided the Architect recommends such extensions and the extension Is approved by the Owner. Requests shall be made in writing, and will only be considered at or within seven (7) days of such delay; furthermore, the Owner shall not be liable for any damages on account of any such delay. In the case of a con� tinning cause of delay, one (1) request only will be required. 8. TIME 3 =VULEs When so directed the Contractor shall prepare and submit to the Architect for approval, a time schedule showing the time necessary to oom•)lete the entire work of the contract and each salient portion thereof. The schedule shall 5 consist of a progress chart, made in graphic fora and at suit. able scale, to appropriately indicate the percentage of work scheduled for completion at any time. 9. ffiDgR OF WORIE: The work shall be carried on at such places W in such order of precedence as may be deemed necessary by the Architect. Whenever considered advisable in the Judgment of the Architect to temporarily suspend or omit parts of the operations, framing, construction, or other work required under the contract, the Contractor shall make all necessary provisions to facilitate the continuance and completion of such work in a safe and satisfactory manner, and in the required sequence as directed. 10. X09 MOT OF IMI: (a) The Contractor shall be responsible for all work done under the oontraot including faulty or improper work of sub. contractors and others under his by contract or otherwise. The Contractor shall be responsible for the conduct of his agents and employees on the premises, and shall maintain good order In all parts of the building and premises where work under the contract is being carried on. (b) The Contractor shall diligently prosecute the work, and shall eaoloy competent supervisors and inspectors to give their personal attention and supervision to same until completed. When absent from the work, he shall leave a competent person in charge of the work or any part thereof, or any workmen working alone on the work shall be deemed to be a representative of the Contractor for the purpose of receiving and carrying out the onders of the Architect or his representatives. (o) It shall not be incumbent upon either the Owner or the Architect to notify the Contractor to attend to or have in readiness such work or materials as the progress of the opera tions may require; furthermore, the Contractor shall be 9- responsible for all delays caused by his neglect of those under him by contract or otherwise. (d) should improper work of any trade be covered by another which results in dampge or defeats, the whole work affeotad shall be made good by the Contractor without adds. tional expense to the owner. The Contractor shall anticipate the relations of the various trades to the general progress of the work, and shall see that all required anchorage, blocking, and other details of construction are furnished and set at proper times. (e) Assistance required in obtaining measurements or information on the work shall be furnished fully and efficiently by the Contractor at all times; likewise, proper facilities shall be provided at all times for &oases of the Owner, the Architect, and their representatives to conveniently examine and inspect the work. 11. MAYINGS AND SPS!4FXCATIONi: (a) These specifications and the accompanying drawings are the property of the Architect, and shall be returned to him at the completion of the contract, and before the work will be accepted. The said documents were prepared for the particular work mentioned, and shall not be used for the oonstruotion of any other work in whole or part. It is the Intention of these documents to require the completion of the work in a thorough and workmanlike manner in every respect. (b) In general, the drawings indicate dimensions, position, and kind of construction; the specifications, qualities of materials and methods of workmanship. Any work Indicated on the drawings and not mentioned in the specifications or vice versa, shall be furnished as though fully set forth is both. work not particularly detailed, marked, or specified shall be the same as similar parts that are detailed, marked, or specified. [n t 2 A 5 (a) mould any error appear in the drawings or spec loa- tions,_-q-r in the work done by others affecting the work of the contract. the, Contractor shall notify the Architect at once, and the Architect will issue instructions as to the procedure to be followed. If the Contractor proceeds with any such work without appropriate instructions from the Architect, the Contractor shall make good all resulting damage and defeats. This clause shall be deemed to include typographical errors is the specifications, and notational errors on the drawings where doubtful of interpretation. (d) Figured dimensions take precedence over scale measure. mente, detail drawings over general drawings, and drawings of later date over those of earlier date. In like manner, addenda to spscifioations take precedence over original specifications and earlier addenda thereto. 12. SUPPLEMENTARY DETAIi3: (a) The Architect will furnish such additional largo seals or full size detail drawings as he may deem necessary to more fully explain the work; furthermore, these suoolementary details shall be considered as a pert of the contract. Any work done before receipt of such details if not in accordance therewith, shall be removed and replaced with proper workmanship and materials, or adjusted as directed, without additional expense to the Owner. (b) Should any details be, in the opinion of the Contractor, more elaborate than scale drawings and specifications warrant, written notice thereof shall be given to the Architect within five (S) days of the receipt of the ease. The claim will then be considered, and, if justified, said drawings will be amended or the extra work authorized. Non- receipt of such notice shall be construed as relieving the Owner of any claim arising therefrom. 0 : f� (a) The Contractor shall prepare and submit, with such promptness as will cause no delay in the work, two (2) copies of all shop or setting diagrams and schedules required for the work of the various trades, and the Architect will pass upon the same with reasonable promptness. The Contractor shall make all eorreotioAs required by the Arohtt *ot, shall file with him two (2) corrected copies, and furnish such additional copies thereof as may be required to correlate the work of the several trades. (b) The Architect's apbroval of such drawings, diagram*, or schedules shall not relieve the Contractor from responsibility for deviations from the drawings or speoifiostions, unless he has in writing called the Arohiteot's attention to such devia- tions at the time of submission, nor shall it relieve his from responsibility for any errors appearing in such shop drawings. 14. DRWNGS AND SPECIFICATIONS ON THE WORE: The Contractor shall keep one (1) copy of all drawings and specifications on the work, in good order, and readily available to the Owner, the Architect, and their representatives for reference purposes. 18. DIYI$ION5 OF SPECIFICATIONS: For convenience, these specifications are arranged in several trade sections; however, such segregation shall not be considered as limiting, the work required of any sub..00ntract or trade. Except as otherwise provided heroin, the terms and conditions of such limitations shall lie solely between the Contractor and his subcontractors, 16. ADDENDA TO SPECIFICATIONS: Bulletins and instructions Issued by the Architect during the period of bidding, covering changes in or special interpretations of the drawings or specifi- oations, will be inoornorated in the contract documents by means of addenda to the s- +ooifications. Before executing the contract, 1n.. r ! l I the Contractor shall assure himself that all changes and interpretations covered by such bulletins and instructions, if any, have been correctly listed and described in the related addenda. 17. GUMBO W : (a) The Owner shall have the right at all times during the progress of the work to require changes in, additions to, or omissions from, the work contemplated by the contract documents; and the same shall in no way make void the contract. Changes, additions, or omissions so required shall be made only In pursuenos of a written order from the Owner, bearing the approval of the Architect and the acceptance endorsement of the Contractor; and the contract shall not be deemed to have been altered thereby, either as to time for completion, work to be done, or contract consideration, except as expressly stated in such written order. (b) Additions to or deductions from the amount of the contract consideration, as occasioned by the changes so described, shall be determined upon the basis of estimates and acceptance in lumc> sums unless otherwise stipulated in the agreement or the change order. The Contraotor shall prepare said estimates in such itemized form as may be directed; and such estimatea shall be accompanied by signed copies of all subcontractor's quotations involved therein. (o) Change orders shall be issued only before or at the time of change, and the expense or responsibility for any change made without said order shall rest solLy with the Con. tractor. Any change in the work shall be made in full a000rd- snoa with the original drawings and specifications insofar as such may be applied without conflict with the conditions not forth by the change order. 11- ld. STANDARD SPECIFICATIONS FOR MATERIAL: Where materials are epecified by reference to Federal Specifications, or to specifications of the American Society for Testing Materials (A.S.T.M.) or others, all applicable provisions of the de. signated standard specifications shall be considered as form- ing a part of the sections wherein such references are made. 19. MATERIALS: (a) Materials, exceat where stated otherwise, shall be new and the beat of the several classes and kinds specified, All materials shall be delivered in such timely manner as will insure uninterrupted progress of the work, and shall be so stored as to afford ample protection and insure that no portion of the structure is overloaded. The Contractor shall be responsible for all damage or loss, by weather or other cause, to the materials stored or in place on the site of the work. (b) All material delivered to premises with the inten- tion of forming a part of the work, shall be considered the property of the Owner, and shall not be removed without his consent; -)rovided, however, the Contractor shall remove surplus materials upon completion of the work, unless other- wise specified or directed. (o) All materials shall be subject to inspection by the Architect and his representative, both at site and in shops where the same may be in process of manufacture or pro- duction, and suitable facilities shall be furnished for the inspection of same. (d) Where materials are specified solely by reference to standard specifications, the Contractor shall prepare and submit to the Architect for approval complete lists of all such materials proposed to be incorporated in the work of the contract. The lists shall be in triplicate, and shall include IP- the names and address of the supplier of each material, the name of its manufacturer or producer, and the brand name thereof, if any. Only such of these materials as may be ,pproved in writing by the Architect shall be used in the work. 20. USE OF OPTIONAL MATERIALA AND EQUIPROT; (a) Only one (1) brand, kind, and make of material or equipment shall be used for each specific purpose throughout the entire work of the contract, notwithstanding the fact that similar materials or equipment of two (2) or more manufacturers or producers may be specified for the same purpose. (b) In all cases where the optional use of materials or equipment is specified, and before placing orders for the same, the Contractor shall advise the Architect in triplicate writings of each specific material, appliance, or piece of equipment that will be furnished for the work, and of the purpose for which it is to be used. 21. OUBSTITTRT„7ION OF HAATERMA : (a) The materials designated in these specifications are given as standards; however, this implies no right on the part of the Contractor to substitute other materials for those specified, except in the manner stated below. (b) If the Contractor desires to sake substitutions he shall so state in his bid, showing first his bid for the installation of all the materials as specified, and secondly the deduction from or addition to the contract price which he will make if the proposed substitutions are permitted. He shall list the materials he desires to substitute, stating the material each is substituted for. (e) If no substitutions are so proposed, arif the pro. posed substitutions fail to meet with the approval of the Architect, then no deviation from the materials specified 13- 1'3. ,,) will be permitted, unless in pursuance of a change order signed by the Owner and approved by the Architect as herein provided. (d) Proposed substitutes shall fulfill, to the satis- faction of the Archite *t, the fundamental requirements and identical purposes of those specified. The Arohiteot's approval of substitutions shall not be held to have relieved the Contractor of res-)onsibility for the proper joining of the various parts of the work, nor from such guarantees and maintenance provisions as may be specified herein. 22. FIE.USE Of MATERIAL6: All construction materials pre- viously used in the work and proposed to be re -used therein, shall be sorted as to class, size, and kind, and shall be piled and stored in orderly manner as approved, and kept readily accessible. Such materials shall be re -used in the work only as permitted by the Architect, and shall be thorough- ly *leaned and made acceptable in all respects for the services Intended. 23. TESTING OF MATERIALS: (a) All materials to be incorporated in the work of the contract will be subject to testing for compliance with the requirements of the specifications or plans. Testes of materials specifically required by these specification&, shall be made as directed and under the supervision of the Architect. All tests shall be made by an approved testing laboratory, and at the expense of the Contractor except as provided otherwise herebelow. Tests shall be limited to number and nature as specified herein, except when the Architect considers such action necessary to determine compliance to specifications. Tests will be made in accordance with the ap -olioable standard methods of the A.S.T.M. or other procedures designated herein. 14- ,'f k k 1 �+ (b) Toots of materials made at the direction of %be Architeot, to determine the existence of faulty material or workmanship, which fall to prove the existence of faulty workmanship or material shall be paid for by the Owner, either directly or as a credit to the Contractor. (o) Retests, which are necessary after a discovery of faulty work shall be paid for by the Contractor even though results show that the previous faulty condition has been corrected. 24. P 3§ AND INSPECTIONS- (a) Except as otherwise provided in the "Sneoial Conditions" section, all permits and inspections required for the work shall be obtained and paid for by the Contractor. The Contractor shall give all required notices to proper authorities relative to work in his charge, and shall be rospor. sible for all losses and damages occasioned by failure to give such notices. The Contractor shall procure at his own expense all required certificates covering inspection and acceptance of work by such authorities as being in conformity with controlling ordinances and regulations. (b) Should the specifications, subsequent instructions, or any law, ordinance, or other public authority require work to be inspeoted, tested and approved by the Architect, or by any local or eta "e authority having jurisdiction, the Con- tractor shall give timely notice of its readiness for such Inspection; and if the ine000tion to by another authority than the Architect, then of the date fixed for such inopoetionp Should such work be covered or concealed without approval or consent of the A rohitest, it shall be uncovered for examins. tion and recovered at the expense of the Contractor. (o) Concealed work of questionable nature may be ordered to be opened for examination by the Architect, and, if found not to be in accordance with contract requirements, all expense is- of examination and replacement shall be borne by the Contractor; however, if found to be satisfactory, such cost shall be covered by written order of the Owner, adjust- ing the consideration of the contract accordingly. 25. FAULTY OR AMMOTIVE WQM jj ,,,`�3H1P AMA MAT$RE Lam: (a) Faulty or defective workmanship and materials or work failing in any manner to conform to the requirements of contract documents, shall upon order of the Architect, be pronotly removed from promisee and replaced with satisfactory workmanship and material as required, and at no additional expense to the owner. The Contractor shall bear the expense of making good all work of other contractors destroyed or damaged by such removal and replacement. (b) Neither the final oertifioate nor payment, nor any provision in the contract documents shall relieve the C©ntraotor of responsibility for faulty materials or workmanship, and unless otherwise specified, he shall remedy all defects due thereto, and pay for any damage to other work resulting there- from, which shall appear within the period of the guaranty herein provided for. The Owner will give notice of observed defeats with reasonable promptness. 26. 4AMPLIMs Samples of materials or articles, where and as required by the specifications, shall be submitted for tests or examinations and oonsubration before incorporation in the work. The Contractor shall be responsible for delays due to samples not being submitted in time to permit proper testing. Acceptance or rejection will be expressed in writing. Mater.. Saks furnished shall be equal to the tested and approved samples in every respect. Samples which are of value after testing will remain the property of the Contractor. 2?. kPD9W• Xodels of all carved or precast ornamental and decorative work, where so indicated on the drawings or Far specified, shall be prepared and submitted to the Architect for approval. These shall be made in olay%s conform to the requirements of the drawings and supplementary details to fellow, and shall be executed by skilled modelers acceptable to the Architect. Models shall be made subject to the direction and criticism of the Architect, and shall be worked and re- worked as directed until satisfactory results are obtained. all models shall be oonsidered as the property of the Owner, and shall be destroyed upon completion of the work unless otherwise directed. 28. 'W'ORKKAN5UP: (a) V'orkmanship shall be the best of its respective kind for each of the several trades employed. All labor *hail be especially skilled for each kind of cork, thorough and first—class in all respects, and shall perform the work under the direction of an experienced superintendent and competent foremen. The workmanship of apprentices and helpers will not be acceptable where that of journeymen and master sochaniss is necessary in the opinion of the Architect . (b) The Contractor, and his subcontractors, reprssenta. tines, and workmen will be admitted to the promises only for the proper execution of the work, they having no tenancy. Any employee of the Contractor, or his subcontractors, whom the Architect may does as being incompetent, disorderly, or Improper to be employed, shall be promptly discharged upon order of Architect, and shall not be re- employed on the work In similar capacity. 29. f,VTTING AND F'ITTINO: The Contractor shall advise all trades as to features of construction reasonably required in their work to receive, engage and support the various parts of his work, and of all easements and tolerances re- quired to properly clear the some. The Contractor shall 17.. CJ� ✓1 aseertain all clearances, cutting, fitting and features of construction required to clear, receive, engage, or support other parts of the work which are in any manner related to or contingent upon his work, and shall make all necessary provisions in, and do all cutting and fitting of, such work as may be required for the same. 30. AMPA1R Or WORK 110 PM(X -: Mhenever any cutting, removal, or alteration of work in place is required to form oonneetions with new work or otherwise most the requirements of the draw- ings or specifications, such work shall be so performed as to damage as little as possible the work that will remain in place; and all patching and repairs occasioned thereby shall be made in a workmanlike manner, using materials, construction, details, and finishes matching those of the existing work as closely as possible. 31. PRMOTTI -00 Or WORK: (a) Protection of work shall be continuously maintained by the Contractor, and shall be of such suitable forms as will protect all parts of the work and adjacent property from accident, injury, or damage of every nature from any pause whatsoever. The Contractor shall properly protest the work with lights and guard rails, provide excavations with proper enclosures, and shall brace and secure all parts of the work against storm and accident. (b) Any and all portions of the work that may be broken or damaged by accident or otherwise, at any time between the finishing of same and the acceptance by the Owner of the work as a whole, shall be neatly repaired or re- constructed, and the entire work left whole and without blemi gh . (a) Should the Contractor fail to start repair or re- placement of such damaged work within three (3) days after receipt of written notice from the Architect to do so, or I& to complete the same within a reasonable time thereafter, the Owner may cause such work to be done at expense of the Contractor.. 32. RESPONSI9ILITX FOR DAXA4ES: The Contractor shall be re- sponsible for all damages that may occur to the adjoining im- provements or streets and any accident to any person or persons in and about the site of the work or adjacent streets, and for all damage done to adjoining property, during the progress of the work under the contrltot, and caused by any act or omission of the Contractor or his employees. The Contractor shall defend, at his own expense and risk, any and all actions, suits, or other legal proceedings that may be brought or instituted against the Owner on any such claim or demand, and shall pay or satisfy any judgment that may be rendered against the Owner in any such action, suit, or legal proceedings arising from damages se occasioned. 33. n OF PUBLIC THOROUGHFARES AND ROADS: The Contractor shall make his own investigation of the condition of available public thoroughfares and roads sad of the clearances, restrictions, bridge load limits, and other limitations affecting transporta- tion to, and ingress and egress at, the site of the work. -Where materials are transported in the prosecution of the work, vehicles shall not be loaded beyond the capacity recommended by the manu. fsoturer of the vehicle or prescribed by any state or local law or regulation applicable thereto. 34. A=P1xT PpiEVENTION : (a) All operations under the contract shall be performed with an* regard to adequate safety, and in strict compliance with all applicable state and local safety laws and ordinances, and with the rules and regulations of all boards, commissions, and departments having jurisdiction. All plant and equipment shall be maintained in such condition as will permit the same to be safely operated. 19. (b) The Contractor shall conform to the ourrent safety engineering practioes as set forth in the 'Manual of Accident Prevention in Construction' published by the Associated General Contractors of America, and in the publications of the National Safety Council, to the extent that such practices are not in contravention with applicable law or regulation. (a) The safety measures taken shall be such as the nature of the work and the conditions under which it is to be performed may demand, and shall include the following: 1. Adequate first -aid facilities and equipment. 2. Adequate artifidal illumination during all hours that, and at all places where, natural illumination is in. adequate for the work being performed. 3. Instructions in accident prevention to reach all employses, and the posting of bulletins relating thereto. 4. Such machinery guards, sate scaffolds, runways, ladders, railings, and gangplanks, including such other safety devices, equipment, and apparel as are necessary to prevent accidents or injuries_ 5. Keeping all passageways and paths normally used by workmen free from lumber, wire, debris, and other obstaoles, and keeping the job as a whole in an orderly and safe condition. 35. Elm PRRVNNT19 : (a) All operations under the contract shall be so performed that no fire hazards will be needlessly created or permitted to exist. To this end, all necessary precautions shall be taken with particular reference to the following: 1. Clearance of the site in the vicinity of structures and combustible materials, including temporary construction, trees, shrubs, vegetable growths, and other matter that fright communicate fire to such structures or materials. ME 2. storage and handling of explosives, gasoline, oil, and other fuels, lubricants, chemicals, and all similar materials of an inflammable nature. 3. Segregation and spacing of temporary structures and storage piles of lumber and other combustible con. struction materials, 4. Disposition of waste materials resulting from the operations, the accumulation of which, by the nature of the materials and their location and quantity, might create or increase a fire hazard. 38. COtWIJANCX WITH BUILDING LAMS: The entire work of the contract shall be performed in accordance with all appli- cable local and state building laws, ordinances, and statutes, and with the rules and regulations of all constituted authorities having jurisdiction of the work. 37. CLUNING AND DISP-03AL OF Rti9HI§H: The Contractor shall properly clean the work as it progresses. The Contractor is required, where necessary, or at the direction of the Archi. tect, to locate and arrange for proper Hump facilities, labor, transportation, fees, and all other costs connected with fulfilling the conditions of the specifications. He Is further required to insure proper loading of rubbish to prevent scattering of refuse on the streets while in transit to point of disposal, As directed during construction, rubbish shall be removed, and, at completion, the whole work shall be oleaned and all temporary construction, equip. ment, and rubbish shall be removed from the site, and the entire work left in a neat, clean, and satisfactory condition as approved by the Architect. 38. PATILNT ROY L ES, FEES, AND LICI SES: Patent royalties, foss, and licenses made necessary by use of patented methods 21- of construction, appliances, equipment, or devices in the contract work shall be paid by the Contractor, who shall defend, indemnify, and save harmless the Owner against any and all claims of those holding or claiming to hold letters patent covering features of construction, appliances, equip- ment, or devices so used. Before final payment is made on account of the contract, the Contractor shall furnish the Owner releases and acquittances from all such known claims, In approved written form. The Contractor shall also grant, or cause to be granted to the Owner, the perpetual free use of all patented features which may be used in or connected with the work, and the right to replace or repair any and all parts of same. 39. BILLS, S TATENOrO AND VOUCH RB: The Contractor shall maintain a complete record file of all bills, statements, reoeipts, vouchers, invoices, proposals, subcontracts, and like data pertaining to the work and covering the kinds, quality, quantities, costs, and nature of the materials furnished and services performed thereunder: said record file and all date therein or related thereto shall be kept and made available to the Owner, the Architect, or their repre- sentatives at any and all times for purposes of inspection and verification in matters pertaining to the contract payments and performance. !O. CP 5H ALLOWANCES: The Contractor shall include in the contract amount all cash allowances named in the contract documents, and shall cause the work so covered to be done by such oontrectors and for such sums as the Owner and the Architect may direct, the contract consideration being ads justed in conformity therewith. The Contractor declares that the contract consideration Includes such sums for exnenses and profit on account of cash allowances as he deems proper. No demand for expenses or profit in addition to those so included in the contract amount will be allowed. 41. AXGNS_AND ARVERTI51NG. No signs or advertising media of any nature, except those of the Architect and the Contractor, and such additional signs as may be designated by the Owner, shall be permitted to appear on the site of the work, or enclosing structures; provided, however, manufacturers' removable marks of identification may remain on their products until ordered removed by the Architect. 42. 2'WNER05 PIGHT TU —WORK.- Should the Contractor neglect to prosecute the work proporly, or fail to perform any provision of the contract, the Owner, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies, and may deduct the cost thereof from any payment then or thereafter due the Contractor: provided, however, that both such action and the amount charged to the Contractor shall not be 8ffeeted without the written recommendation of the Architect thereon. 43. COATRACTOR'S RIGHT TO STOP YORK OR TERiiIMAT.E CONTRACT. Should the workbe ■to,,pod under an order of any court, or other public authority, for a period of three (3) months$ through no act or fault of the Contractor or of anyone em- ployed by him, or if the Architect should fail to issue any certificate for payment within seven (7) days after it is due, or If the Owner should fail to pay the Contractor within seven (7) days of its maturity and presentation, any sum certified by the architect; then, the Contractor may, upon seven (7) days' written notice to the Owner and the Architect, stop work or terminate this contract and recover from the Owner payment for all work executed and any lose sustained upon any plant or materials, together with reasonable profit and damages. 21- 44. E : Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of the contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien eoul d be filed, however, the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify him against any lien. If any lien remains unsatisfied after all nayments are made, the Contractor shall refund to the Owner all money* that the latter may be compelled to pay in discharg- ing such lien, including all costs and a reasonable fee for attorneys services. 46. ACOEPTAM: (a) The work will be accepted in writing only when it shall have been completed satisfactorily to the Owner and the drohiteot. Partial payments shall in no wise be construed as an acceptance of any part of the work. In judging the work , no allowance for deviations from the drawings and speoifica- tions will be made, unless already approved in writing at the time and in the manner as called for heretofore. (b) Should it become necessary, due to developed conditions, for the Owner to occupy any portion of the work, or operate any part of any equipment, before the contract is completed, such occupancy or use shall not constitute an acceptance of any Aart of the work, unless so agreed to in writing, by the Owner upon recommendation of the Architect. 46. DEI�,iVERY OF RECORD DRAWINGS: As a condition precedent to the certifying of the final payment under the oontract,the Contractor shall obtain and deliver to the Architect all record drawings, 24- if any, required to be prepared and maintained by the sub. oontraotor# as specified in the severaal sections bound herewith. 47. 64AYARM OF_dUBCONTRACTOM : As a condition precedent to the certifying of the final payment under the contract, the Contractor shall obtain and deliver to the Architect, for transmittal to the owner, all written guaranty# required to be furnished by the subcontractors as specified in the several sections bound herewith. Eaoh of such guarantys shall be underwritten by the Contractor for the full period prescribed therein, and shall bear his endorsement to such effect. 48. GUARANTY OF Q0$TMACxQiI As a condition precedent to the oertifying of the final payment under the contract, and in addition to such other guaranty* as may be required by the several specification sections bound herewith, the Contractor shall furnish the Owner a Witten guaranty, in form approved by Architect, covering the prompt and proper repair and /or re;alsoement of all workman#hia and materials that may prove defectiveaithin a period of one (1) year from date of acceptance. 40. NON_VAIM OF DEFAULTU. Any failure by the Owner at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms or condi- tions of the contract shall not constitute a waiver of such terms or conditions, nor shall it affect or impair the same In any way, or the right of the Owner to avail himself of such remedies as he may have for any breach or breaches of such terms or conditions. 25- ago i��rd SECTION AA SPECIAL CONDI'T'IONS 1. SCOPE: The work contemplated under this contract consists of all furniture including tables, chairs, cases, cabinets, racks and shelving for the E1 Segundo Public Library, E1 Segundo, California, for the City of E1 Segundo, California_ 2. DRAWINGS An SPECIFICATIONS: Drawings and specifications for this work have been prepared by the Architect and shall remain the property of the Architect. Bidders and Contractors shall return these documents to the office of the Architect upon opening of bids and completion of the work. 3. SURVEY OF EXISrIvu CONDITIONS: Contractors shall examine the site to ascertain and verify dimensions and existing dimensions and conditions affecting the furniture outlined herein. 4. PROT.CrION OF WORK IN PLACE: This Contractor shall be respon- sible for any damage to existing work which may result from the installation of the furniture and shall make such repairs as are necessary to restore damaged parts to their original condition. SECTION B FURNITURE 1. GENERAL: All work included in the following specifications shall be subject to the General Conditions included herein and this Contractor shall read and examine them thoroughly, familiar- ize himself with the relation of his work to that of others currently performing work on this project. 2. SCOPE OF WORK: Includes the furnishing of all labor, mater- ials, appliances, transportation, ecc., necessary for the proper fabrication and installation of furniture as indicated by the plans and as specified herebelow. 26- 3. MATERIAL AND WORKMANSHIP: (a) Design or Tyne: The design, materials, quality and workmanship of the furniture shall be similar or equal to items manufAetured by the Library Bureau Division of Remington Rand, Inc. Catalogue numbers of Remington Rand, Inc., are used herein for the guidance of bidders and contractors in establishing the standards of the various items included in the work. Similar and approved equal items of other manu- facturers will be acceptable in lieu of the items specified herein. (b) Material and Fiala h: (1) Shall be as described in Catalogue Literature of the Remington Rand, Inc., except as modified herein. Bidders shall submit, with their proposals, illustrations and catalogue material or drawings and specifications, to clearly show what the bidder proposes to furnish as items required by these specifications. (2) Table and counter tops shall be of natural finish hardwood as described by catalogue. Linoleum inserts will not be acceptable_ (3) All tables, chairs, cases, racks, counters and exposed ends of shelving units in reading room shall be of light finish on select oak wood. Shelves of cases, racks and shelving units shall be of light finish select hard oak or maple. (4) Items for alcove and stock room shall be of finish and material as specified under paragraph 3 (b) (3) above, or shall be entirely of light finished hard maple. Exposed surfaces of furniture shall be entirely of oak, or of maple and the use of both woods in an exposed relation will not be acceptable. (5) This Contractor shall accurately fit wall cases and shelving to spaces designated and secure single shelving 27- unite to walls in an approved workmanlike manner. Knocked down units shall be rigidly assembled. 4. GUARANTEE: This Contractor shall furnish to the Owner, a written guarantee to replace or repair without expense to the Owner, any items of furniture which prove defective within a period of three years. Defects shall include loose Joints, solid wood splits, plywood separations, etc., which occur during normal use and proper care. 5. LIST OF FURNITURE: Item #1 Benches, children LB #7254 (2 thus) Item #2 Chairs, children (14 ")LB #7282 (16 thus) Item #3 Chairs, reading room (1811) LB 471941 (64 thus) Item #4 Chair, high, charging desk LB #7287 (1 thus) Item #5 Chair, low, charging desk LB #7286 (1 thus) Item #6 Tables, sloping top, childredsLB #7110.1 (2 thus) Item #7 Tables, individual reading LB #7112 (2 thus) Item #8 Tables, reading room (30" high) (6 thus) LB #7100.4 Item #9 Tables, reading room (30" high) (6 thus) LB #7100.3 Item #10 Charging counter, including: (a) Charging section LB #7000.1 (1 thus) (b) Portfolio section LB #7400.2 (1 thus) (c) Corner section LB #7400.7 (2 thus) (d) Shelf section LB #7400.4 (1 thus) (e) End section LB 7400.9 (f) Cupboard section LB ##7400.6 (1 thus) 28— r y (g) Typewriter section LB #7400.10 (1 thus) This unit shall be a sunken typewriter desk with overall dimension of 51" x 26" x 39" high. Desk top to be 26" high and similar to LB #7380.2L ( modified) without drawer or apron support. (2) Two units of sloped shelves, each unit to consist of six (6) slop- ing adjustable shelves similar to LB #7034 without flat shelves. (1) 4 sections 8" deep 82" high LB #7031 (j) 2 sections 8" " 82" " LB #7031 Item #17 Shelving, 8" deep 82" high as follows: (a) 2 sections (single) LB #7031 (b) 5 sections (single) LB #7031 (c) 26 sections (double) LB #7037 29- (h) Drawer trays LB #1207.1 (2 thus) Item #11 Rack, double faced display LB #7075 (1 thus) Item #12 Stand pedestal, dictionary 4 LB #7086 thus) Item #13 Case, atlas LB #7095.1 (1 thus) Item #14 Cabinet, card catalogue, LB #93515R S15 tray ll thus Item #15 Truck book, with bumpers 11 ) LB #L607RB thus Item #16 Shelving as follows: (a) 5 sections 8" deep 60*" high LB #7042 (b) 5 " 10" " 601" " LB #7043 (o) 2 " 10" " 60P " LB #7043 (d) 2 " 12" 0 60}" " LB # Special (e) 2 " 8" n 82" " LB #7031 (f) 4 " 8" " 82" " LB #7031 (g) 3 " 8" " 82" " LB #7031 (h) 3 units (1) Newspaper unit consisting of 1 pair newspaper racks, 1 hinged bulletin board and 1 flat shelf similar toLB #7035; LB #7000.110; and LB #7000.106. (2) Two units of sloped shelves, each unit to consist of six (6) slop- ing adjustable shelves similar to LB #7034 without flat shelves. (1) 4 sections 8" deep 82" high LB #7031 (j) 2 sections 8" " 82" " LB #7031 Item #17 Shelving, 8" deep 82" high as follows: (a) 2 sections (single) LB #7031 (b) 5 sections (single) LB #7031 (c) 26 sections (double) LB #7037 29- Item #18 Shelving, 39" high as follows: (a) 3 sections 39" deep (double) (1 thus) (b) 2 sections 8" deep (double) (2 thus) Item #19 1 Section (double) 10" deep, 82" high (2 thus) - 6� p,, ! 4 LB #7023 LB #7022 LB ,#7039 Item #20 1 Section (double) 82" high including: (a) 1 side 8" deep LB #7031 (b) 1 side 12" deep LB #7010 with common ends similar to LB #7039 (2 thus) Item #21 Shelving 8" deep 82" high LB #7031 2 sections (single) (1 thus) " SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of resolutions of the City of E1 Segundo, California, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 11th day of February, A. D., 1948. i Mayor of the City o 1 Segundo, California. ST: 1 ty (SEAL) 30- STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, )) SS. CITY OF EL SEGUNDO. ) I, Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said city is five; that the foregoing resolution, being Resolution No. 921, was passed and adopted by the said City Council, approved and signed by the Mayor of said city, and attested by the City Clerk of said city, all at a regular meeting of the said Council held on the 11th day of February, 1948, and that the same was so passed and adopted by the following vote: Ayes: Councilmen Baker, Peterson, Skelley, Thompson and Mayor Selby; Noes: Councilmen None; Absent:Councilmen None. (SEAL)