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

following, the submittal of which are conditions precedent to the District's obligation to disburse the Final
Payment: (i) an affidavit or certification by the Contractor that payrolls, bills for materials and other
indebtedness incurred in connection with the Work for which the District or the District's property may or
might be responsible or encumbered have been paid or otherwise satisfied; (ii) a certificate evidencing that
insurance required by the Contract Documents to remain in force after the Contractor's receipt of Final
Payment is currently in effect; (iii) a written statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover any period following Final Payment as required by the
Contract Documents; if required (iv) consent of the Surety on the Labor and Material Payment Bond and
Performance Bond, to Final Payments if required; (v) duly completed and executed forms of Conditional or
Unconditional Waivers and Releases of rights upon Final Payment of the Contractor, Subcontractors of any
tier and Material Suppliers in accordance with California Civil Code §3262, with each of the same stating
that there are, or will be, no claims for additional compensation after disbursement of the Final Payment;
(vi) Operations and Maintenance manuals and separate warranties provided by any manufacturer or
distributor of any materials or equipment incorporated into the Work; (vii) the Record Drawings; (viii) the
form of Guarantee included in the Contract Documents duly executed by an authorized representative of
the Contractor; (ix) any and all other items or documents required by the Contract Documents to be
delivered to the District upon completion of the Work; and (x) if required by the District, such other data
establishing payment or satisfaction of obligations such as receipts, releases and waivers of liens, stop
notices, claims, security interest or encumbrances arising out of the Contract to the extent and in such form
as may be required by the District.
8.4.3 Disbursement of Final Payment. Provided that the District is then in receipt of all documents and
other items in Article 8.4.2 above as conditions precedent to the District’s obligation to disburse Final
Payment, not later than sixty (60) days following Final Acceptance the District shall disburse the Final
Payment to the Contractor. Pursuant to California Public Contract Code §7107, if there is any dispute
between the District and the Contractor at the time that disbursement of the Final Payment is due, the
District may withhold from disbursement of the Final Payment an amount not to exceed one hundred fifty
percent (150%) of the amount in dispute.
8.4.4 Claims Asserted After Final Payment. Any lien, stop notice or other claim filed or asserted after
the Contractor's acceptance of the Final Payment by any Subcontractor, of any tier, laborer, Material
Supplier or others in connection with or for Work performed under the Contract Documents shall be the
sole and exclusive responsibility of the Contractor who further agrees to indemnify, defend and hold
harmless the District and its officers, agents, representatives and employees from and against any claims,
demands or judgments arising or associated therewith, including without limitation attorneys fees incurred
by the District in connection therewith. In the event any lien, stop notice or other claim of any
Subcontractor, Laborer, Material Supplier or others performing Work under the Contract Documents remain
unsatisfied after Final Payment is made, Contractor shall refund to District all monies that the District may
pay or be compelled to pay in discharging any lien, stop notice or other claim, including, without limitation
all costs and reasonable attorneys fees incurred by District in connection therewith.
8.5 Withholding of Payments. The District may decline to pay the Contractor, or reduce or withhold any
portion of a payment otherwise due the Contractor for any Progress Payment or the Final Payment on account of:
(i) In the District’s opinion, the Work cannot be completed for the unpaid balance of the Contract Price;
(ii) In the District’s opinion, the Work will not be completed within the Contract Time and the unpaid
balance of the Contract Price would not be adequate to cover liquidated damages resulting from
the anticipated delay;
(iii) Any damage has occurred to the District or any Subcontractor, Material Supplier or another
contractor, and the Contractor may be liable for such damage;
Citrus Community College District Bid Due Date: November 15, 2011 at 3:00: p.m.
Bid #01-1112 Library and Reprographics Roofing Project Page 75 of 96