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Bid #01-1112 Library and Reprographics Roofing ... - Citrus College

Bid #01-1112 Library and Reprographics Roofing ... - Citrus College

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5.1 Subcontracts. Any Work performed for the Contractor by a Subcontractor shall be pursuant to a written<br />

agreement between the Contractor <strong>and</strong> such Subcontractor which specifically incorporates by reference the<br />

Contract Documents <strong>and</strong> which specifically binds the Subcontractor to the applicable terms <strong>and</strong> conditions of the<br />

Contract Documents. The foregoing notwithst<strong>and</strong>ing, no contractual relationship shall exist, or be deemed to exist,<br />

between any Subcontractor <strong>and</strong> the District, unless the Contract is terminated <strong>and</strong> District, in writing, elects to<br />

assume the Subcontract. Each Subcontract for a portion of the Work shall provide that such Subcontract may be<br />

assigned to the District if the Contract is terminated by the District pursuant to Article 15.1 hereof, subject to the<br />

prior rights of the Surety obligated under a bond relating to the Contract. Upon request, the Contractor shall provide<br />

to the District copies of executed Subcontracts <strong>and</strong> Purchase Orders, including amendment thereto, to which<br />

Contractor is a party within seven (7) days of District’s request for same. The Contractor's failure or refusal, for any<br />

reason, to provide copies of such Subcontracts or Purchase Orders shall be deemed the Contractor's default of a<br />

material term of the Contract Documents.<br />

5.2 Substitution of Listed Subcontractor.<br />

5.2.1 Substitution Process. Any request of the Contractor to substitute a listed Subcontractor will be<br />

considered only if such request is in strict conformity with this Article 5.2 <strong>and</strong> California Public Contract<br />

Code §4107. All costs <strong>and</strong> fees incurred by the District in the review <strong>and</strong> evaluation of a request to<br />

substitute a listed Subcontractor shall be borne by the Contractor; such costs <strong>and</strong> fees may be deducted by<br />

the District from the Contract Price then or thereafter due the Contractor.<br />

5.2.2 Responsibilities of Contractor Upon Substitution of Subcontractor. Neither the substitution<br />

nor the District's consent to Contractor's substitution of a listed Subcontractor shall relieve Contractor from<br />

its obligation to complete the Work within the Contract Time <strong>and</strong> for the Contract Price. In the event that<br />

the District determines that revised or additional Submittals are required of the newly substituted<br />

Subcontractor, the District shall promptly notify the Contractor, in writing, of such requirement <strong>and</strong> the time<br />

for submittal. In the event that the revised or additional Submittals are not submitted by Contractor within<br />

the time specified, Contractor shall be subject to the per diem assessments for late Submittals as set forth<br />

in Article 4.8 of these General Conditions. Any revised or additional Submittals required pursuant to this<br />

Article 5.2.2 shall conform with the requirements of Article 4.8 of these General Conditions. Contractor<br />

shall reimburse the District for all fees <strong>and</strong> costs incurred or associated with the processing, review <strong>and</strong><br />

evaluation of any revised or additional Submittals required pursuant to this Article 5.2.2; the District may<br />

deduct such fees <strong>and</strong> costs from any portion of the Contract Price then or thereafter due the Contractor. In<br />

the event that additional or revised Submittals are required pursuant to this Article 5.2.2, such requirement<br />

shall not result in an increase to the Contract Time or the Contract Price.<br />

5.3 Subcontractors' Work. Whenever the Work of a Subcontractor is dependent upon the Work of the<br />

Contractor or another Subcontractor, the Contractor shall require the Subcontractor to: (a) coordinate its Work with<br />

the dependent Work; (b) provide necessary dependent data <strong>and</strong> requirements; (c) supply <strong>and</strong>/or install items to built<br />

into the dependent Work of others; (d) make appropriate provisions for dependent Work of others; (e) carefully<br />

examine <strong>and</strong> underst<strong>and</strong> the portions of the Contract Documents (including Drawings, Specifications <strong>and</strong> Field<br />

Clarifications) <strong>and</strong> Submittals relating to the dependent Work; <strong>and</strong> (f) examine the existing dependent Work <strong>and</strong><br />

verify that the dependent Work is in proper condition for the Subcontractor's Work. If the dependent Work is not in a<br />

proper condition, the Subcontractor shall notify the Contractor in writing <strong>and</strong> not proceed with the Subcontractor's<br />

Work until the dependent Work has been corrected or replaced <strong>and</strong> is in a proper condition for the Subcontractor's<br />

Work.<br />

ARTICLE 6: INSURANCE; INDEMNITY; BONDS<br />

6.1 Workers' Compensation Insurance; Employer's Liability Insurance. The Contractor shall purchase <strong>and</strong><br />

maintain Workers' Compensation Insurance as will protect the Contractor from claims under workers' or workmen's<br />

compensation, disability benefit <strong>and</strong> other similar employee benefit acts which are applicable to the Work to be<br />

<strong>Citrus</strong> Community <strong>College</strong> District <strong>Bid</strong> Due Date: November 15, 2011 at 3:00: p.m.<br />

<strong>Bid</strong> <strong>#01</strong>-<strong>1112</strong> <strong>Library</strong> <strong>and</strong> <strong>Reprographics</strong> <strong>Roofing</strong> Project Page 62 of 96

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