LOS ANGELES COMMUNITY COLLEGES

770 WILSHIRE BOULEVARD, LOS ANGELES, CALIFORNIA 90017 • 213/891-2000

CITY • EAST • HARBOR • MISSION • PIERCE • SOUTHWEST • TRADE-TECHNICAL • VALLEY • WEST

 

 

SHORT FORM OF AGREEMENT

BETWEEN DISTRICT AND CONTRACTOR

FOR PROJECTS OF SMALL SCOPE

 

College:  Los Angeles Trade Technical 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:                                

 

Los Angeles Community College District

770  Wilshire Blvd.

Los Angeles, California  90017

 

                                                                                                           

and The Contractor:

Mako Mechanical, Inc.

22010 S. Wilmington Ave. #102

Carson, California 90745

(310) 513-6960

 

 

The Project is:

Repipe of the B Building/Replace Backflow Devices

 Los Angeles Trade Technical College

 

 

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  02/09/01   (respectively)

 

 

The Architect (or Engineer) is:

 

P. A. Breen Associates -- Consulting Engineers

3228 El Dorado Street

Torrance, CA 90503

(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:

Additive Alternate 1

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.

 

Additive Alternate 2

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.

 

Additive Alternate 3

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:

 

 

N/A

     

 

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