LOS ANGELES COMMUNITY COLLEGES
CITY • EAST • HARBOR •
SHORT FORM OF AGREEMENT
BETWEEN DISTRICT AND CONTRACTOR
FOR PROJECTS OF SMALL SCOPE
Contract No. 01-1006
AGREEMENT made as of the Twenty Second day of March in the year Two Thousand and One.
BETWEEN the DISTRICT:
and The Contractor:
Mako Mechanical, Inc.
The Project is:
Repipe of the B Building/Replace Backflow Devices
The Time Period for completion of work shall be 140 days, per Article 2 herein.
Liquidated Damages shall be $250 per day, as set forth in Article 2 herein.
The Contract Amount shall be $ 249,500.00 as set forth in Article 3 herein.
There is 1 addenda
The Architect (or Engineer) is:
P. A. Breen Associates -- Consulting Engineers
Throughout the Contract the term "Architect" shall mean the Architect, Engineer or other professional Consultant employed by the District to provide services for this project.
The District and the Contractor agree as set forth below.
TABLE OF CONTENTS
ARTICLE 1 THE WORK
ARTICLE 2 DATE OF COMMENCEMENT/SUBSTANTIAL COMPLETION
ARTICLE 3 CONTRACT SUM
ARTICLE 4 PROGRESS PAYMENTS
ARTICLE 5 FINAL PAYMENTS
ARTICLE 6 CONTRACT DOCUMENTS
ARTICLE 7 DISTRICT
ARTICLE 8 CONTRACTOR
ARTICLE 9 ADMINISTRATION OF THE CONTRACT
ARTICLE 10 SUBCONTRACTS
ARTICLE 11 CONSTRUCTION BY DISTRICT AND/OR BY SEPARATE CONTRACTORS
ARTICLE 12 CHANGES IN THE WORK
ARTICLE 13 TIME
ARTICLE 14 PAYMENTS AND COMPLETION
ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY
ARTICLE 16 INSURANCE
ARTICLE 17 CORRECTION OF WORK
ARTICLE 18 MISCELLANEOUS PROVISIONS
ARTICLE 19 TERMINATION OF THE CONTRACT
ARTICLE 20 OTHER CONDITIONS OR PROVISIONS
ARTICLE 21 ALLOWANCES
THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work generally described as follows and more fully described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others:
1.2 The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.3 The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the District or by separate contractors.
1.4 The work, if so identified, in the Bid Instructions or on the Drawings shall be constructed in accordance with the State of California, California Code of Regulations, Title 24, Section 14, Building Standards, Title 21, Public Works, Subchapter 1, and Title 1 Public Safety, Subchapter 1 of Chapter 1, a copy of each shall be maintained on the Site, by the Contractor, and available at all times. Should any conditions develop wherein the finished work would not comply with the Code, a Change Order detailing and specifying the required work, shall be issued and submitted to the Division of the State Architect and State Fire Marshall for approval before proceeding with the work.
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be as stated in the notice to proceed issued by the District.
2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 140 days after commencement, subject to adjustments of the Contract Time as provided in the Contract Documents. The parties agree that in the event that the Contractor fails to achieve Substantial Completion as defined in Article 14.3, the District would be damaged, but that the exact amount of the damage would be extremely difficult and impractical to determine. The parties have therefore agreed that a reasonable measure of the damages to be sustained by the District during the period of unexcused delay is the reasonable amount of TWO hundred and FIFTY dollars and no/100 Dollars ($250.00) per calendar day and shall be the total liability the Contractor shall assume for delay in achieving Substantial Completion in the required time. The District may deduct such liquidated damages amount from moneys due or to become due the Contractor, or pursue any other legal remedy to collect said liquidated damages.
3.1 The District shall pay the Contractor in current funds for the Contractor's performance of the Contract Sum of Two Hundred Forty Nine Thousand, Five Hundred Dollars and NO/100 Dollars ($249,500.00), subject to additions and deductions as provided in the Contract Documents.
3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the District:
For all work as herein specified or indicated on drawings and/or specifications for the removal and replacement of all existing trough wash sink faucets with new faucets as indicated on Sheet P-0.2, inclusive of but not limited to all work, overhead, bonds, insurance and profit.
For all work as herein specified or indicated on drawings and/or specifications for removal and replacement of all Existing Lavatory Sink faucets with new faucets as indicated on Sheet P-0.2, inclusive of but not limited to all work, overhead, bonds, insurance and profit.
For all work as herein specified or indicated on drawings and/or specifications to paint all new piping and supports, inclusive of but not limited to all work, overhead, bonds, insurance and profit.
3.3 Unit prices, if any, are as follows:
4.1 Based upon Contract Payment Requests submitted by the Contractor and approved by the District, the District shall make progress payments within thirty (30) days of the approval of the Request, on account of the Contract Sum, to the Contractor as provided in the Contract Documents. The period covered by each Contract Payment Request shall be one calendar month ending on the last day of the month. On or about the 25th day of each month, the Contractor shall submit an itemized Contract Payment Request for work reasonably projected through the end of the month, notarized if required by the District, and with such substantiating data as may be required by the District or Architect, including but not limited to, lien releases or waivers of stop notice rights for prior payments from the Contractor, subcontractors, Sub-subcontractors and material suppliers, and reflecting retainage of ten percent (10%) of the amount due. The Architect will review and approve or direct changes for payment and forward the same to the District with recommendations within seven (7) days of receipt.
5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the District to the Contractor when the Work has been completed; the Contract fully performed, a final Contract Payment Request approved , the Board of Trustees of the Los Angeles Community College District has accepted the work; and 40 days after the recording of a Notice of Completion. The Date of Completion for Final Payment purposes shall be the date of acceptance by the Board of Trustees.
6.1 The Contract Documents shall be as enumerated in Attachment "A" attached hereto, and modifications issued after execution of the contract. A modification is (1) a written amendment to the contract signed by both parties; (2) a change order; (3) a construction change directive, or; (4) a written order for a minor change in the Work issued by the Architect.
The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. In the event of conflicts or discrepancies in the Contract Documents, interpretations will be based on the following priorities:
.1 Change Orders or Modifications issued after the signing of the agreement with those of later date having priority over those with an earlier date.
.2 Addenda issued prior to bid with those of later date having priority over those of earlier date.
.3 The agreement
.4 Supplementary conditions, if any.
.5 General conditions, if any.
.6 The Drawings (large scale over small scale).
.6a Figured dimensions over scale
.6b Written information over line drawing
6.2 The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect, and Contractor, (2) between the District and a subcontractor or Sub-subcontractor or (3) between any persons or entities other than the District and Contractor.
6.3 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site and become familiar with the local conditions under which the Work is to be performed.
7.1 The District shall furnish surveys and legal description of the site if and as required for the Work.
7.2 The District shall pay for all permits and fees of governing bodies and utilities unless specifically identified otherwise in the Contract Documents. The Contractor shall provide sufficient notice of any fee or permit required so as not to delay the Work and shall make all applications for and secure the permit.
7.3 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the District, by a written order, may direct the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the District to stop the Work shall not give rise to a duty on the part of the District to exercise this right for the benefit of the Contractor or any other person or entity. The Contract Time shall not be increased as a result of any such stop work order, except at the sole discretion of the District.
7.4 An Inspector employed by the District in accordance with requirements of Title 21 of the California Code of Regulations will be assigned to the Work. His duties are specifically defined in CCR, Title 24 PART 1, SEC. 4-342, District's obligation. All work shall be done with knowledge of the Inspector. Any work scheduled other than between the hours of 7:00 a.m. and 4:30 p.m. or any work on Saturday, Sunday or holidays requiring the presence of the District's Inspector shall be backcharged to the Contractor at the regular overtime rates current in the District unless such schedule is a requirement of the documents or at the convenience of the District.
Whenever the Contractor arranges to work at night, or at any time when work is not usually in progress, or to vary the period during which work is carried each day, he shall give the District 24-hour notice so that inspection may be provided.
7.5 The District shall select, the Testing Laboratory to perform tests. The District shall bear the costs of tests, inspections or approvals, except where such tests, inspections or approvals are due to the Contractor's failure to properly perform the Work or as specifically stated in the Contract Documents.
8.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents provide otherwise. At all times during the prosecution of the Work, the Contractor shall have a responsible, English speaking employee in charge of the work at the job site.
8.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. The Contractor shall be solely responsible for protection of the Work and the site and shall be responsible for all dewatering, erosion control and all costs for protection, repairs, or reconstruction from rising, standing, or flowing water.
8.2.1 The Contractor shall not be relieved from responsibility for deviations from requirements of the Contract Documents by the Architect’s review of Shop drawings, product data, samples, or similar submittal unless the Architect, District, and when required, the Division of the State Architect, have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, product data, samples, or similar submittals by the Architect’s review thereof.
8.2.2 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, product data, samples, or similar submittals other than those specifically requested by the Architect on previous submittals.
8.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.
8.4 The Contractor warrants to the District that materials and equipment furnished under the Contract will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes damage or defects caused by abuse to Work caused by others, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the District, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment utilized or incorporated in the Work.
8.5 The Contractor shall pay sales, consumer, use, and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received, whether or not yet effective or merely scheduled to go into effect.
8.6 The Contractor shall comply with and give notices required by all laws, ordinances, rules, regulations, and lawful orders of public authorities applicable to the Work. The Contractor shall promptly notify the Architect, and District if the Drawings and Specifications are observed by the Contractor to be at variance therewith. The Contractor shall comply with and complete all notices, reports, verifications, etc., required by Title 21 and Title 24 if the Work is subject thereto.
8.7 The Contractor shall be responsible to the District for the acts and omissions of the Contractor's employees, subcontractors and their subcontractors, agents and employees, and other persons performing portions of the Work.
8.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. When professional certification of materials, systems, or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications.
8.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste material, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials
8.10 The Contractor shall provide the District and Architect access to the Work in preparation and progress wherever located. The Contractor shall maintain a daily log of activities, weather, manpower, and significant events occurring at the project site or otherwise affecting the performance of the Work. The Contractor shall submit copies of the daily report to the District on a weekly basis.
8.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the District harmless form loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent and fails to notify the District.
8.12 To the fullest extent permitted by law, the Contractor shall, at the Contractor's sole cost and expense, fully defend, indemnify and hold harmless, the District, the Board of Trustees of the District, the Architect, and any of their respective members, officers, employees and agents, from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, anticipated losses of revenues, and expenses, including any fees of accountants, attorneys or other professionals, arising out of, in connection with, resulting from or related to, or claimed to be arising out of, in connection with, resulting from or related to, any act or omission by the Contractor or any of its officers, agents, employees, subcontractors, sub-subcontractors, any person performing any of the Work pursuant to a direct or indirect contract with the Contractor or individual entities comprising the Contractor, in connection with or relating to the Work, the Contract, or the Project, including but not limited to any costs or liability arising out of or in connection with:
.1 failure to comply with any applicable law, statute, code, ordinance, regulation, or permit;
.2 any misrepresentations, misstatement or omission with respect to any statement made or any document furnished by the Contractor;
.3 any breach of any duty, obligation or requirement under the Contract Documents;
.4 any failure to coordinate the Work with other contractors;
.5 any failure to provide notice to any party as required under the Contract Documents;
.6 any failure to act in such a manner as to protect the District and the Project from loss, cost, expense or liability; or
.7 any failure to protect the property of any utility company or property of the District.
This indemnity shall survive termination of the Contract or final payment thereunder. This indemnity is in addition to any other rights or remedies which the District and the Architect may have under the law or under the Contract Documents. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the District may in its sole discretion reserve, retain or apply any moneys due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the District may release such funds if the Contractor provides the District with reasonable assurance of protection of the District's interests. The District shall in its sole discretion determine whether such assurances are reasonable.
The obligations of the Contractor under this paragraph 8.12 shall not extend to the liability of the Architect, the Architect's Consultants, and agents and employees of any of them arising out of:
1. The preparation or approval of maps, drawings, opinions, reports, surveys, Change Order, Construction Change Directives, designs or specifications, or
2. The giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage.
8.13 Unless otherwise provided, the Contractor shall schedule such tests, inspections and approvals with independent testing laboratories or entities selected by the District, or with the appropriate public authority.
ADMINISTRATION OF THE CONTRACT
9.1 The District will provide, and the Architect will assist in, administration of the Contract (1) during construction, (2) until final payment is due and (3) with the District's concurrence, from time to time during the correction period described in Paragraph 17.1.
9.2 The Architect will determine in general that the Work of the Contractor is being performed in accordance with the Contract Documents, and will endeavor to guard the District against defects and deficiencies in the Work of the Contractor.
9.3 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations, the Architect will keep the Construction Manager and the District informed of progress of the Work and will endeavor to guard the District against defects and deficiencies in the Work.
9.4 The Architect will not have the power to control or have charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contract's responsibility.
9.5 The Contractor shall prepare and maintain a detailed Project Construction Schedule and coordinate the Work of all subcontractors on the Project including their use of the site. The Contractor will keep the District informed of the Project Construction Schedule.
9.6 The Architect will interpret and provide recommendations on matters concerning performance under and requirements of the Contract Documents on written request of the District or Contractor. The Architect will make initial recommendations on all claims, disputes or other matters in question between the District and Contractor, but will not be liable to the Contractor for results of any interpretations or decisions rendered in good faith. The Architect's decisions in matters relating to aesthetic effect will be final if consistent with the intent of the District and as expressed in the Contract Documents.
9.7 The Architect will recommend to the District rejection of Work which does not conform to the Contract Documents.
9.8 The Architect, within ten (10) days of receipt or such other time which is reasonably necessary and directed by the Construction Manager, will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.
9.9 All claims or disputes between the Contractor and the District arising out or relating to the Contract, or the breach thereof, less than $50,000.00 in value, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise and subject to an initial presentation of the claim or dispute to the Architect through the Construction Manager as required. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. The Agreement herein among the parties to the Agreement and any other written Agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court of competent jurisdiction. The parties agree that any arbitration arising out of or relating to the Contract shall include by consolidation, joinder or in any other manner, any additional person not a party to the Contract if;
.1 Either party requests the addition of such person; and
.2 The requesting party reasonably believes the addition of such person to be necessary to the resolution of the dispute between the parties; and
.3 The additional person is a party to a contract with the requesting party, which contract contains the agreement of such additional party to be bound by the arbitration provisions of this Contract.
The parties agree that California Code of Civil Procedure Section 1283.05 shall be incorporated into this Agreement.
9.10 Copies of all written correspondence between the Contractor and the Architect shall be sent to the District's Project Manager and to the District Director of Facilities Planning and Development.
9.11 All notices required of the Contractor to the District and copies of correspondence shall be sent to:
Los Angeles Community College District
Director of Facilities Planning and Development
770 Wilshire Blvd.
Los Angeles, California 90029
10.1 The subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.
10.2 Contracts between the Contractor and subcontractors shall (1) require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the District and Architect, and (2) allow to the subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents.
CONSTRUCTION BY DISTRICT AND/OR BY SEPARATE CONTRACTORS
11.1 The District reserves the right to perform construction or operations related to the Project with the District's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site. If the Contractor claims that delay or additional cost is involved because of such action by the District, the Contractor shall make such claim as provided elsewhere in the Contract Documents.
11.2 The Contractor shall afford the District and separate Contractors opportunity for the introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents.
11.3 If any part of the Contractor's Work depends for proper execution or results upon the work of the District or any separate Contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Construction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of the District's or separate Contractor's work as fit and proper to receive the Work, except as to defects which may only subsequently become apparent.
11.4 The District will provide for the coordination of the Work of each separate Contractor with the Work of the other separate Contractors, who shall cooperate therewith.
11.5 Should the Contractor wrongfully delay or cause damage to the Project or the property of any separate Contractor, the Contractor shall, upon due notice, promptly attempt to settle with such other Contractor by agreement, or otherwise to resolve the dispute. If such separate Contractor sues or initiates an arbitration proceeding against the District on account of any delay or damage alleged to have been caused by the Contractor, the District shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the District results therefrom, the Contractor shall pay to satisfy it and shall reimburse the District for all attorney's fees and court or arbitration costs which the District has incurred.
11.6 If a dispute arises between the Contractor and separate Contractors as to their responsibility for cleaning up as required by Paragraph 8.9, the District may clean up and charge the cost thereof to the Contractors responsible therefor as the District shall determine to be just.
CHANGES IN THE WORK
12.1 The District, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modifications. In such cases, the Contract Sum and Contract Time shall be adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the District, Contractor, Construction Manager and Architect.
12.2 The Contract Sum and Contract Time shall be changed only by Change Order.
12.3 The cost or credit to the District from a Change shall be determined by mutual agreement.
12.4 If the District and Contractor cannot agree on an amount or time from a change in the Work, the District may issue a written Construction Change Directive signed by the District and Architect, which the Contractor must comply with. The District shall compensate the Contractor for all costs incurred based on actual and necessary cost of the work, plus overhead of 10% and a profit of five percent (5%) added to the actual cost. The Contractor shall provide the District with such documentation as the District requires to support actual cost incurred.
12.5 A Change Order shall be approved by the Board of Trustees, signed by the District; Architect, if required by the District; and the Contractor; and approved by the Division of the State Architect when subject to such jurisdiction.
13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
13.2 If the Contractor is delayed at any time in progress of the work by labor disputes beyond the Contractor's control or ability to circumvent, fire, unusual delay in deliveries, adverse weather conditions, unavoidable casualties, or any causes beyond the Contractor's control, or by other causes which justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the District may determine. Such Time Extension shall be the Contractor’s sole remedy for such delay.
PAYMENTS AND COMPLETION
14.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement.
14.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, (5) damage caused by the Contractor to the District or another Contractor; (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay, (7) persistent failure to carry out the Work in accordance with the Contract Documents, or (8) such other reasons justifying the withholding of all or part of any payment.
14.3 When the Architect agrees that the Work is substantially complete, he will issue a Certificate of Substantial Completion and recommend acceptance of the Work by the Board of Trustees. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete, in accordance with the Contract Documents, so the District can occupy and fully utilize the Work for its intended use.
14.4 Final payment shall not become due until the Contractor has delivered to the District a release for all stop notices filed for this Work; or a bond satisfactory to the District to indemnify the District against such stop notice. If such stop notice remains unsatisfied after payments are made, the Contractor shall refund to the District all money that the District may be compelled to pay in discharging such stop notice, including all costs and reasonable attorneys' fees.
14.5 The making of final payment shall not constitute a waiver of claims by the District. Acceptance of final payment by the Contractor shall constitute a waiver of claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of final Contract Payment Request.
PROTECTION OF PERSONS AND PROPERTY
15.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby:
.2 the Work and materials and equipment to be incorporated therein; and
.3 other property at the site or adjacent thereto.
The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a subcontractor a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible, except for damage or loss attributable to acts or omissions of the District or Architect or by anyone for whose acts either of the District or Architect or by anyone for whose acts either of them may be liable. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 8.12.
The Contractor shall be solely responsible for repairs or replacement of all items damaged by his activities. the contractor shall give immediate notice to the district of any damage resulting in disruption of College activities or operations.
16.1 The Contractor shall procure and maintain in effect during the term of this Agreement, the following insurance coverage with an insurance company or companies authorized to do business in the State of California and approved by the District.
16.1.1 Workers' compensation and Employers Liability insurance in accordance with the laws of the State of California and Employers Liability Insurance limits of One Million Dollars ($1,000,000.00) per accident.
16.1.2 Comprehensive General liability including Broad Form Comprehensive General Liability or Commercial General Liability including bodily injury, personal injury and property damage and, if applicable and/or if required by the District, explosion, collapse, and underground (X, C, U) coverage in the amount of a combined single limit of One Million Dollars ($1,000,000.00), each occurrence. If a general aggregate limit is used it shall be twice the occurrence limit. Coverage is to be written on an "occurrence" not claims made basis.
16.1.3 Comprehensive Auto Liability including bodily injury, personal injury and property damage in the amount of a combined single limit of One Million Dollars ($1,000,000.00). Coverage must include all automobiles utilized by the Contractor in performing the services hereunder, and must be written on an "occurrence basis".
16.1.4 Fire and extended Coverage Property Insurance including earthquake coverage (Builder's Risk Insurance) upon the entire Work to the full insurable value thereof when the District does not provide insurance in accordance with the provisions of Article 16.2. This Insurance shall be on an all-risk Policy Form and shall include the interests of the District, Contractor, Subcontractor, and Sub-subcontractors in the work, including property stored at the site, offsite or in transit, and shall insure against the perils of Fire and extended coverage (including Earthquake) and physical loss or damage including Theft, Vandalism, and Malicious Mischief.
126.96.36.199 The Contractor shall furnish the District with certificates of insurance, on forms provided by the District, with original endorsements evidencing all such coverage and certificates evidencing renewal thereof before expiration of the coverage of the policy in question. Such certificates and endorsements shall be provided on a form approved by the District. The District may also request the Contractor to provide it with copies of the actual policies for its review. In the event the Contractor fails to provide any certificate when due, the District may, but shall not be required to, obtain such coverage and deduct any costs in connection therewith from any sums due the Contractor from the District or seek reimbursement for same from the Contractor which sum shall be due and payable immediately on receipt by the Contractor of notice from the District. In the event the District has to initiate legal action for recovery of same, the Contractor shall pay all costs and reasonable attorneys' fees in connection therewith.
16.1.5 Contractor shall be liable for all deductibles. Any deductibles or self-insured retention must be declared to and approved by the District. The insured shall reduce or eliminate such deductibles or self-insured retention in excess of $25,000.00 as respects the District or procure a bond guaranteeing payment of losses and cost related to same.
16.1.6 The following statement shall appear in each certificate of insurance provided the District by the Contractor hereunder: "It is agreed that in the event of any material change in or cancellation of this policy, thirty (30) days prior written notice will be given to:
Los Angeles Community College District
770 Wilshire Blvd.
Los Angeles, California 90017
16.1.7 The Contractor shall give prompt written notice to the District of all known losses, damages, or injuries to any person or to property of the District of third persons which may be in any way related to the Project or for which a claim might be made against the District. The Contractor shall promptly report to the District all such claims which the Contractor has noticed, whether related to matters insured or uninsured. No settlement or payment for any claim for loss, injury or damage or other matter as to which the District may be charged with an obligation to make any payment or reimbursement shall be made by the Contractor without the prior written approval of the District.
16.1.8 The insurance provided by Contractor shall be primary to any coverage available to District. The insurance policies shall name District as an additional insured (excluding workers compensation) and shall include provisions for waiver of subrogation.
16.1.9 The District may, at its option, terminate this Agreement or withhold payments as a result of non-compliance with the above insurance requirements.
16.2 The District will provide insurance in accordance with the following provisions when the contract consists of:
1. Construction of new buildings or other structures noted in Clause 9.9.1, the District shall assume the perils of Fire and Extended coverage only upon the acceptance of the completion of the Contract by the Board of Trustees, and written notice of same served upon the Contractor.
2. Demolition of existing buildings or structures, the District's insurance against the perils or fire and extended coverage shall cease on the date established for commencement of the work.
3. Alterations, repairs, reconstruction, rehabilitation, or other work on existing buildings or structures, the District shall continue in effect its Fire and Extended Coverage insurance and cover the interest of the Contractor or Subcontractors on such buildings to the extent of its coverage at time of loss but shall assume no responsibility for any additional coverage required, and the Contractor shall be liable for the deductible portion of such insurance or any uninsured perils. It shall be the responsibility of the Contractor to ascertain from the District Insurance Officer the extent of coverage, and the deductible portion thereof, of the District's Fire and Extended Coverage insurance.
4. When the contract consists of both (1) and (3) above, the District and Contractor shall assume their respective responsibilities as indicated above.
16.3 A loss insured under District's property insurance shall be adjusted with the District and made payable to the District as fiduciary for the insureds, as their interests may appear, subject to any lease requirement.
CORRECTION OF WORK
17.1 The Contractor shall promptly correct rejected Work as failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Completion of the Contract or by terms of an applicable special warranty required by the Contract Documents.
17.2 Nothing contained in this Article 17 shall be construed to establish a period of limitation with respect to the obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Paragraph 17.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work.
18.1 The Contract shall be governed by the law of the State of California.
TERMINATION OF THE CONTRACT
19.1 If the Architect fails to recommend payment for a period of 60 days through no fault of the Contractor, or if the District fails to make payment of any sums due the Contractor for a period of 60 days, the Contractor may, upon seven additional days' written notice to the District and the Architect, terminate the Contract and recover from the District payment for all Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages applicable to the Project.
19.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of the Contract, the District, after seven days' written notice to the Contractor and without prejudice to any other remedy the District may have, may make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the District's option, and upon certification by the Architect that sufficient cause exists to justify such action, the District may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the District may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor subject to the rights of the surety, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the District.
19.3 The District may at any time terminate the Contract for the District's convenience and without cause. Upon receipt of written notice from the District of such termination for the District's convenience the Contractor shall:
.1 cease operations as directed by the District in the notice, and
.2 take actions necessary, or that the District may direct, for the protection and preservation of the work
In case of such termination for the District's convenience the Contractor shall be entitled to receive payment from the District on the same basis provided in Paragraph 19.1.
OTHER CONDITIONS OR PROVISIONS
The District's acceptance shall be deemed complete only upon formal action of acceptance by the District's Board of Trustees. The work is considered acceptable when the work has been completed in all respects in accordance with the plans and specifications and any approved modifications thereof.
20.2 JOINT VENTURE CONTRACTOR
In the event the Contractor is a joint venture of two or more Contractors, all grants, covenants, provisos and claims, rights, powers, privileges and liabilities of the Contract shall be construed and held to be several as well as joint; any notice, order, direction, request or other communication required to be or that may be given by the District or its designated representative to the Contractor under this Contract shall be well and sufficiently given to all persons being the Contractor if given to any one or more of such persons; any notice, request or other communication given by any one of such persons to the District or its designated representative under this Contract shall be deemed to have been given by and shall bind all persons on behalf of the Contractor.
20.3 WAIVER OF RIGHTS BY DISTRICT
No action or inaction on the part of the District at any time in the exercise of any right or remedies conferred upon it under this Contract shall be deemed to be a waiver on the part of the District of any of its rights or remedies.
20.4 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public and private traffic.
20.5 SIGNS AND ADVERTISING
No signs or advertising media of any nature, shall be permitted on the site of Work or enclosing structures without the written approval of the District.
20.7 EMPLOYEE PARKING
The District will provide parking for workers at locations designated by the District.
20.9 PRE-CONSTRUCTION CONFERENCE
After award to the successful bidder, a pre-construction meeting will be held at a location, date, and time to be established at the time of the award of contract.
20.10 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1867 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. Violation will be reported as required by law.
20.11 PREVAILING RATES OF WAGES
In accordance with the provisions of the California Labor Code, the District has obtained from the Director of Industrial Relations of the State of California the determination of the general prevailing rates of per diem wages in the locality in which the work is to be performed. Contractor shall forfeit as a penalty to the District $25.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft for any work done under the Contract by the Contractor, or by any subcontractor under the Contractor, in violation of the provisions of the California Labor Code. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor.
20.12 EIGHT HOUR LAW
The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive of the California Labor Code relating to working hours. The Contractor shall, as a penalty to the District, forfeit $25.00 for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay.
20.13.1 Attention is directed to the provisions of Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. The policy of the District is to encourage the employment and training of apprentices on its construction projects as may be permitted under local apprenticeship standards.
20.13.2 Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Department of Industrial Relations, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
20.14 TRAVEL AND SUBSISTENCE PAY
20.14.1 As required by Section 1773.8 of the California Labor Code the Contractor shall pay travel and subsistence payments to each workman needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
20.14.2 To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and subsistence payments whenever filed thirty (30) days prior to the call for bids.
20.15 WORKERS' COMPENSATION
20.15.1 In accordance with the provision of Section 3700 of the California Labor Code, the Contractor shall secure the payment of compensation to its employees.
20.15.2 Prior to beginning work under the Contract, the Contractor shall sign and file with the District the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract."
20.16 PAYROLL RECORDS
20.16.1 Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the
20.16.2 The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
.1 A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
.2 A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
.3 A certified copy of all payroll records enumerated shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Paragraph 188.8.131.52 the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public need not be given access to the records at the principal office of the Contractor.
20.16.3 The Contractor shall file a certified copy of the records, with the entity that requested the records within ten (10) days after receipt of a written request.
20.16.4 Any copy of records made available for inspection as copies and furnished upon request to the pubic or any public agency by the District, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated.
20.16.5 The Contractor shall inform the body awarding the contract of the location of the records including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
20.16.6 In the event of noncompliance with the requirements of this Paragraph 20.16, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after the ten (10) days period, the Contractor shall, as a penalty forfeit to the District $25.00 for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Responsibility for compliance lies with the Contractor.
20.17 PROTECTION OF WORKERS
As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 5 feet or more in depth, the Contractor shall submit for acceptance by the District or by a registered civil or structural engineer, employed by the District, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price named in the Contractor for completion of the Work as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the District, the Architect, nor any of their officers, agents, representatives, or employees.
20.18 FAIR EMPLOYMENT PRACTICES/EQUAL EMPLOYMENT OPPORTUNITY ACTS
20.18.1 In the performance of this Agreement, the Contractor shall comply with all applicable provisions of the California Fair Employment and Housing Act (FEHA) California Code Paragraph 12900 et seq. and applicable equal employment provisions under the Civil Rights Act of 1964, (42 U.S.C. Paragraph 2000a et seq. whichever is more restrictive.
20.18.2 The Contractor shall not willfully discriminate against any employee or applicant for employment and all applicants for employment and current employees shall be treated equally without regard to their race, color, age, religion, ancestry, sex, national origin, creed, pregnancy, marital status, medical condition (cancer related), handicap, veteran status, or sexual orientation.
1. The Contractor shall advise unions and other organizations which represent employees of the provisions of this Agreement and post in a conspicuous place an equal employment opportunity sign.
2. Violation by the Contractor of this Article, or the FEHA, shall be cause under which the District may terminate this Contract.
.3 The Contractor agrees to forfeit to the District, as a penalty, $25.00 for each person for each calendar day or portion thereof, upon determination of noncompliance with this Article.
.4 None of the provisions of the Contract shall be used to preclude the District from pursuing other remedies available under law for noncompliance with these provisions.
20.19 CONCRETE FORMS, FALSEWORK, AND SHORING
The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents.
20.20 REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES
20.21.1 In accordance with Section 4215 of the California Government code the Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the District or any utility to identify such utilities in the plans and specifications and to provide for the removal or relocation of such utilities, if not as identified as part of the Work.
20.21.2 Should utilities be encountered that are not indicated on the plans and specifications, the Contractor shall be compensated for the cost of repairing and/or relocating the utilities in accordance with Article 13, provided such costs are not incurred due to the failure of the Contractor to exercise reasonable care.
20.22 SECURITIES IN LIEU OF RETAINAGE
At the request and expense of the Contractor and within five (5) days of the award of contract, securities equivalent to the amount withheld may be deposited with the public agency, or with a state or federally chartered bank as the escrow public agency, or with a state or federally chartered bank as the escrow agent, who shall then pay such moneys to the Contractor. Upon satisfactory completion the securities shall be returned to the Contractor. Securities eligible for investment under this section shall include those listed in Section 16430, of the Public Contracts Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the District.
The Contractor shall be the beneficial District of any securities substituted for moneys withheld and shall receive any interest thereon.
The escrow agreement if used, is attached as Attachment "B":
20.23 PUBLIC WORKS CONTRACTS: ASSIGNMENT TO AWARDING BODY
In accordance with Section 4551 of the Government Code, the Contractor and subcontractors agree to assign to the District all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions code), arising from purchase of goods, services or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment of the parties.
20.24 PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement 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 the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.
This Agreement is entered into as of the day and year first written above and is executed in at least two original copies of which one is to be delivered to the Contractor and the remainder to the District.
LOS ANGELES COMMUNITY COLLEGE DISTRICT
DIRECTOR, approved to form by General Counsel
FACILITIES PLANNING and DEVELOPMENT
by W. Andrew Dunn
Note: if Contractor is a Corporation, signatures of two corporate officers are required or a certified copy of the Corporation By-laws or a certified copy of a resolution of the Board of directors showing authority of the single officer signing this agreement to execute contracts on behalf of the Corporation.
This is Attachment "A" attached hereto and made a part of the Standard Form of Agreement between District and Contractor dated March 22, 2001.
For: REPIPE OF THE B BUILDING/REPLACE BACKFLOW DEVICES,
AT LOS ANGELES TRADE TECHNICAL COLLEGE
The "Contract Documents" consist of the following:
1. Notice to Bidders Dated: 01/24/01
2. Instructions to Bidders Dated: Provided at Bid Walk 01/24/01
3. Bid Form Dated: 02/14/01
4. Bid Bond Dated:
5. Agreement between District
and Contractor Dated: 03/22/01
6. Performance Bond/Payment Bond
7. Employer's Workers' Compensation
8. Contract Specifications Dated: 12/15/00
9. Any Addenda as listed in the
10. Modifications of the Contract Documents
as provided in writing by the District
11. Contract Drawings as set forth in the Index of Drawings
INDEX OF DRAWINGS:
Legend, Symbols $ Requirements
Plumbing Calculations & Schedules
Demolition Site Plan Building “B”
Partial Site Demolition Plan
Bldg. B First Floor Demolition Plan
Bldg B Second Floor Demolition Plan
Bldg. B Third Floor Demolition Plan
Bldg. B Roof Demolition Plan
Site Plan Building “B”
Partial Site Plan
First Floor Plan
Second Floor Plan
Third Floor Plan
Domestic Hot and Cold Water Riser Diagram
Industrial Cold Water Riser Diagram