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LOS ANGELES COMMUNITY COLLEGES
CITY • EAST • HARBOR •
SHORT FORM OF AGREEMENT
BETWEEN DISTRICT AND CONTRACTOR
FOR PROJECTS OF SMALL SCOPE
College:
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.
(310) 513-6960
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
dated
The Architect (or Engineer) is:
P. A. Breen Associates -- Consulting Engineers
(310) 787-8689
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
ARTICLE 1
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.
ARTICLE 2
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.
ARTICLE 3
CONTRACT SUM
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:
ARTICLE 4
PROGRESS PAYMENTS
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.
ARTICLE 5
FINAL PAYMENT
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.
ARTICLE 6
CONTRACT DOCUMENTS
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.
ARTICLE 7
DISTRICT
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.
ARTICLE 8
CONTRACTOR
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.
ARTICLE 9
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
ARTICLE 10
SUBCONTRACTS
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.
ARTICLE 11
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.
ARTICLE 12
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.
ARTICLE 13
TIME
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.
ARTICLE 14
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.
ARTICLE 15
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.
ARTICLE 16
INSURANCE
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.
16.1.4.1 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
Contracts
Section
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.
ARTICLE 17
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.
ARTICLE 18
MISCELLANEOUS PROVISIONS
18.1 The Contract shall be governed by the
law of the State of California.
ARTICLE 19
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.
ARTICLE 20
OTHER CONDITIONS OR PROVISIONS
20.1 ACCEPTANCE
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 APPRENTICES
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 20.17.2.2 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
CONTRACTOR:
by:
___________________________________________
Title
_________________________________________
by:
___________________________________________
Title
_________________________________________
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.
ATTACHMENT
"A"
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
CONTRACT DOCUMENTS
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
Certificate Dated:
8.
Contract Specifications Dated:
12/15/00
9. Any
Addenda as listed in the
bidder's proposal Dated: 02/09/01
10.
Modifications of the Contract Documents
as provided in writing by the District
11. Contract Drawings as set forth in the Index
of Drawings
listed below:
INDEX OF
DRAWINGS:
|
Sheet No. |
Sheet Title |
|
T-0.1 P.0.1 P-0.2 P-1.0 P-1.1 P-1.2 P-1.3 P-1.4 P-1.5 P-2.0 P-2.1 P-2.2 P-2.3 P-2.4 P-2.5 P-3.1 P-3.2 P-4.1 |
Title Sheet 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 Roof Plan Domestic Hot and
Cold Water Riser Diagram Industrial Cold
Water Riser Diagram Plumbing Details |