Construction of the New Bus Maintenance Facility Project

Agency:	Tulare City School District
State:	California
Type of Government:	State & Local
NAICS Category:	236220 - Commercial and Institutional Building Construction
Posted Date:	Nov 13, 2025
Due Date:	Dec 10, 2025
Original Source:	Please Login to View Page
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Bid Documents:	Please Login to View Page

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GENERAL CONDITIONS

under

LEASE-LEASEBACK AGREEMENT

FOR THE NEW BUS MAINTENANCE FACILITY CONTRACT

TULARE CITY SCHOOL DISTRICT

NOVEMBER 7, 2025

4872-4687-0898, v. 1

SUMMARY OF CONTENTS

ARTICLE 1: GENERAL CONDITIONS .....................................................................................1

ARTICLE 2: OWNER ....................................................................................................................6

ARTICLE 3: THE CONTRACTOR..............................................................................................10

ARTICLE 4: ADMINISTRATION OF THE CONTRACT........................................................29

ARTICLE 5: SUBCONTRACTORS .............................................................................................44

ARTICLE 6: CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ..........50

ARTICLE 7: CHANGES IN THE WORK...................................................................................52

ARTICLE 8: TIME .........................................................................................................................61

ARTICLE 9: PAYMENTS AND COMPLETION .......................................................................65

ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY ...............................................74

ARTICLE 11: INSURANCE AND BONDS..................................................................................80

ARTICLE 12: UNCOVERING AND CORRECTION OF WORK .............................................85

ARTICLE 13: MISCELLANEOUS PROVISIONS .......................................................................88

ARTICLE 14: TERMINATION OR SUSPENSION OF THE CONTRACT..............................99

4872-4687-0898, v. 1

ARTICLE 1

GENERAL CONDITIONS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The “Contract Documents” consist of the Lease-Leaseback Agreement between Owner and

Contractor (the “Agreement”), the Request for Proposals and Qualifications (“RFPQ”), the Notice

of Request for Proposals and Qualifications, the Contractor’s proposal, Conditions of the Contract

(General, Supplementary and other Conditions), Drawings, Specifications, addenda, Payment

Bond, Performance Bond, the Site Lease, the Sublease, required insurance certificates, additional

insured endorsement and declarations page, list of proposed subcontractors, Non-collusion

Declaration, Roof Project Certification (where applicable), Sufficient Funds Declaration (Labor

Code section 2810), the Fingerprinting Notice and Acknowledgment and Independent Contractor

Student Contact Form, other documents referred to in the Agreement, and Modifications issued

after execution of the Agreement. A Modification is a written amendment to the Contract signed

by both parties, a Change Order, a Construction Change Directive, or a written order for a minor

change in the Work issued by the Owner. The Contract Documents are complementary, and each

obligation of the Contractor, Subcontractors, and material or equipment suppliers in any one shall

be binding as if specified in all.

1.1.2 THE CONTRACT

The Contract Documents form the Contract. The “Contract” represents the entire and integrated

agreement between the parties and supersedes prior negotiations, representations, or agreements,

either written or oral. The Contract may be amended or modified only by a written Modification.

The Contract Documents shall not be construed to create a contractual relationship of any kind

between the Architect and Contractor, between the Owner and any Subcontractor or Sub-

subcontractor, or between any persons or entities other than the Owner and the Contractor. The

terms of the Contract shall not be waived, altered, modified, supplemented or amended in any

manner whatsoever except by written agreement signed by the parties and approved or ratified by

the Owner’s governing board.

1.1.3 THE WORK

The “Work” shall include all labor, materials, services and equipment necessary for the Contractor

to fulfill all of its obligations pursuant to the Contract Documents, including, but not limited to,

punch list items and submission of documents. It may include preconstruction services, as allowed

by law. It shall include the initial obligation of any Contractor or Subcontractor, who performs

any portion of the Work, to visit the Site of the proposed Work with Owner’s representatives, a

continuing obligation after the commencement of the Work to fully acquaint and familiarize itself

with the conditions as they exist and the character of the operations to be carried on under the

Contract Documents, and make such investigation as it may see fit so that it shall fully understand

the facilities, physical conditions, and restrictions attending the Work under the Contract

Documents. Each such Contractor or Subcontractor shall also thoroughly examine and become

4872-4687-0898, v. 1

familiar with the Drawings, Specifications, and associated bid documents. The “Site” refers to the

grounds of the Project as defined in the Contract Documents and such adjacent lands as may be

directly affected by the performance of the Work.

1.1.4 THE PROJECT

The “Project” is the total construction of the work of improvement, and includes the Work

performed in accordance with the Contract Documents. The Project may include construction by

the Owner or by separate contractors of improvements related to, but not included in, the Work,

and the Project may include preconstruction services. The Project shall constitute a “work of

improvement” under Civil Code section 8050.

1.1.5 THE DRAWINGS

The “Drawings” are graphic and pictorial portions of the Contract Documents prepared for the

Project and approved changes thereto, wherever located and whenever issued, showing the design,

location, and scope of the Work, generally including plans, elevations, sections, details, schedules,

and diagrams as drawn or approved by the Architect.

1.1.6 THE SPECIFICATIONS

The “Specifications” are that portion of the Contract Documents consisting of the written

requirements for material, equipment, construction systems, instructions, quality assurance

standards, workmanship, and performance of related services.

1.1.7 THE PROJECT MANUAL

The “Project Manual” is the volume usually assembled for the Work which may include, without

limitation, the bidding requirements, sample forms, Agreement, Conditions of the Contract, and

Specifications.

1.1.8 OR

“Or” shall include “and/or.”

1.1.9 COMPLETION AND COMPLETE

Statutory definitions of “Completion” and “Complete” shall apply for those statutory purposes.

For all other purposes, including accrual of liquidated damages, Claims, and warranties,

“Completion” and “Complete” mean the point where (1) Contractor has fully and correctly

performed all Work in all parts and requirements, including corrective and punch list work, and

(2) Owner’s representatives have conducted a final inspection that confirmed this performance.

Substantial, or any other form of partial or non-compliant, performance shall not constitute

“Completion” or “Complete” under the Contract Documents, except to the extent that substantial

completion is required for a milestone deadline.

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1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 CORRELATION AND INTENT

1.2.1.1 Documents Complementary and Inclusive. The Contract Documents are

complementary and are intended to include all items required for the proper execution and

Completion of the Work. Any item of work mentioned in the Specifications and not shown on the

Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be provided

by Contractor as if shown or mentioned in both.

1.2.1.2 Coverage of the Drawings and Specifications. The Drawings and Specifications

generally describe the work to be performed by Contractor. Generally, the Specifications describe

work which cannot be readily indicated on the Drawings and indicate types, qualities, and methods

of installation of the various materials and equipment required for the Work. It is not intended to

mention every item of Work in the Specifications, which can be adequately shown on the

Drawings, or to show on the Drawings all items of Work described or required by the

Specifications even if they are of such nature that they could have been shown. All materials or

labor for Work, which is shown on the Drawings or the Specifications (or is reasonably inferable

therefrom as being necessary to Complete the Work), shall be provided by the Contractor whether

or not the Work is expressly covered in the Drawings or the Specifications. It is intended that the

Work be of sound, quality construction, and the Contractor shall be responsible for the inclusion

of adequate amounts to cover installation of all items indicated, described, or implied in the portion

of the Work to be performed by Contractor.

1.2.1.3 Conflicts. Without limiting Contractor’s obligation to identify conflicts for

resolution by the Owner, in the event of a conflict between provisions of the Contract Documents,

it is intended that the more stringent, higher quality, and greater quantity of Work shall apply;

except that in the event of a conflict between a Division 01 specification and a provision in a

Division 00 Contract Document (such as the agreement, general conditions, notice to bidders,

instructions to bidders, bid form, etc.), the Division 00 provision shall control.

1.2.1.4 Conformance with Laws. Each and every provision of law required by law to be

inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and

enforced as though it were included herein, and if through mistake or otherwise any such provision

is not inserted, or is not correctly inserted, then upon request of either party the Contract shall be

amended in writing to make such insertion or correction.

Before commencing any portion of the Work, Contractor shall check and review the

Drawings and Specifications for such portion for conformance and compliance with all laws,

ordinances, codes, rules and regulations of all governmental authorities and public utilities

affecting the construction and operation of the physical plant of the Project, all quasi-governmental

and other regulations affecting the construction and operation of the physical plant of the Project,

and other special requirements, if any, designated in the Contract Documents. If Contractor

observes any violation of any law, ordinance, code, rule or regulation, or inconsistency with any

such restrictions or special requirements of the Contract Documents, then Contractor shall

promptly notify Architect and Owner in writing of same and shall ensure that any such violation

4872-4687-0898, v. 1

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Construction of the New Bus Maintenance Facility Project

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