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

6.8 Indemnity. Unless arising solely out of the active negligence, gross negligence or willful misconduct of the
District, the Architect or the Project Manager, the Contractor shall indemnify, defend and hold harmless: (i) the
District and its Board of Trustees, officers, employees, agents and representatives (including the District’s
Inspector); (ii) the Architect and its consultants for the Work and their respective agents and employees; and (iii) the
Project Manager and its agents and employees from and against any and all damages, losses, claims, demands or
liabilities whether for damages, losses or other relief, including, without limitation attorneys fees and costs which
arise, in whole or in part, from the Work, the Contract Documents or the acts, omissions or other conduct of the
Contractor or any Subcontractor or any person or entity engaged by them for the Work. The Contractor’s
obligations under the foregoing include without limitation: (i) injuries to or death of persons; (ii) damage to property;
or (iii) theft or loss of property; and (iv) other losses, liabilities, damages or costs resulting from, in whole or part,
any acts, omissions or other conduct of Contractor, any of Contractor's Subcontractors, of any tier, or any other
person or entity employed directly or indirectly by Contractor in connection with the Work and their respective
agents, officers or employees. If any action or proceeding, whether judicial, administrative, arbitration or otherwise,
shall be commenced on account of any claim, demand or liability subject to Contractor's obligations hereunder, and
such action or proceeding names the District as a party thereto, the Contractor shall, at its sole cost and expense,
defend the District in such action or proceeding with counsel reasonably satisfactory to District. In the event that
there shall be any judgment, award, ruling, settlement, or other relief arising out of any such action or proceeding to
which the District is bound by, Contractor shall pay, satisfy or otherwise discharge any such judgment, award,
ruling, settlement or relief; Contractor shall indemnify and hold harmless the District from any and all liability or
responsibility arising out of any such judgment, award, ruling, settlement or relief. The Contractor's obligations
hereunder are binding upon Contractor's Performance Bond Surety and these obligations shall survive
notwithstanding Contractor's completion of the Work or the termination of the Contract.
6.9 Payment Bond; Performance Bond. Prior to commencement of the Work, the Contractor shall furnish a
Performance Bond as security for Contractor's faithful performance of the Contract and a Labor and Material
Payment Bond as security for payment of persons or entities performing work, labor or furnishing materials in
connection with Contractor's performance of the Work under the Contract Documents. The amounts of the
Performance Bond and the Payment Bond required hereunder shall be one hundred percent (100%) of the Contract
Price. Said Labor and Material Payment Bond and Performance Bond shall be in the form and content set forth in
the Contract Documents. The failure or refusal of the Contractor to furnish either the Performance Bond or the
Labor and Material Payment Bond in strict conformity with this Article 6.9 may be deemed by the District as a
default by the Contractor of a material obligation hereunder. Upon request of the Contractor, the District may
consider and accept, but is not obligated to do so, multiple sureties on such bonds. The Surety on any bond
required under the Contract Documents shall be an Admitted Surety Insurer as that term is defined in California
Code of Civil Procedure §995.120.
ARTICLE 7: CONTRACT TIME
7.1 Substantial Completion of the Work Within Contract Time. Unless otherwise expressly provided in the
Contract Documents, the Contract Time is the period of time, including authorized adjustments thereto, allotted in
the Contract Documents for achieving Substantial Completion of the Work. The date for commencement of the
Work is the date established by the Notice to Proceed issued by the District, which shall not be postponed by the
failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. The date of
Substantial Completion is the date certified by the Architect, the Project Manager and the District’s Inspector as
such in accordance with the Contract Documents. The Contract Time is as indicated in the Special Conditions.
7.2 Progress and Completion of the Work
7.2.1 Time of Essence. Time limits stated in the Contract Documents are of the essence. By executing
the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing and
achieving Substantial Completion of the Work. The Contractor shall employ and supply a sufficient force of
Citrus Community College District Bid Due Date: November 15, 2011 at 3:00: p.m.
Bid #01-1112 Library and Reprographics Roofing Project Page 65 of 96