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

(xxi) Failure to properly pay prevailing wages as defined in Labor Code §§1720 et seq., failure to comply
with any other Labor Code requirements, and/or failure to comply with the District’s LCP, if one is in
force on this Project;
(xxii) Failure to properly maintain or clean up the Site;
(xxiii) Failure to indemnify, defend, or hold harmless the District;
(xxiv) Failure to make payments due to the District, including but not limited to payments for failed tests,
utilities changes, or permits;
(xxv) Failure of the Contractor to make payments when due Subcontractors or Material Suppliers for
materials or labor;
(xxvi) Contractor is otherwise in breach, default, or in substantial violation of any provision of this Contract.
In addition to the foregoing, the District shall not be obligated to process any Application for Progress Payment or
Final Payment, nor shall Contractor be entitled to any Progress Payment or Final Payment so long as any lawful or
proper direction concerning the Work or the performance thereof or any portion thereof, given by the District, the
District’s Inspector, the Architect or any public authority having jurisdiction over the Work, or any portion thereof,
shall not be fully and completely complied with by the Contractor. When the District is reasonably satisfied that the
Contractor has remedied any such deficiency, payment shall be made of the amount withheld. If the District elects
to withhold payment from the Contractor pursuant to this Article 8.5, then the District will be permitted to withhold
such amounts as the District may, in its reasonable discretion, deem necessary to (A) protect the District against
any and all liabilities to Subcontractors, Material Suppliers or any other persons as a result of the Work or any of the
Contractor’s acts or omissions, (B) correct any defective Work or remedy any breach of the Contract Documents,
(C) recover and collect liquidated damages in the event completion of the Project is delayed, (D) recover and collect
any costs or expenses paid by, or amounts advanced by, the District on behalf of Contractor, (E) collect any penalty
that may be assessed against the Contractor for violations of any applicable laws, including, without limitation, labor
laws and/or fair employment laws, and/or (F) recover any testing/inspections costs incurred by the District in
connection with failed tests or inspections. The District may apply any such withheld amount or amounts to the
payment and satisfaction of such claims or obligations at its discretion. In so doing, the District shall be deemed the
agent of Contractor and any payment so made by the District shall be considered as a payment made under the
Contract by the District to the Contractor and shall be so deducted from the Contract Price otherwise due the
Contractor. The District shall not be liable to Contractor for any such payments made in good faith. Such payments
may be made without prior judicial determination of the claim or the obligation to make such payment. The District
will render the Contractor a proper accounting of any such amounts retained or disbursed by the District on behalf
of the Contractor.
8.6 Payments to Subcontractors. The Contractor shall pay all Subcontractors for and on account of Work of
the Contract performed by such Subcontractors in accordance with the terms of their respective subcontracts and
as provided for pursuant to California Public Contract Code §10262, the provisions of which are deemed
incorporated herein by this reference. In the event of the Contractor's failure to make payment to Subcontractors in
conformity with California Public Contract Code §10262, the provisions of California Public Contract Code §10253
shall apply; by this reference, the provisions of California Public Contract Code §10253 are incorporated herein in
its entirety, except that the references in said Section 10253 to "the director" shall be deemed to refer to the District.
8.7 Computerized Job Cost Reporting System
8.7.1 Job Cost Reporting. The Contractor and each Subcontractor with a Subcontract valued at One
Million Five Hundred Thousand Dollars ($1.5M) or greater shall maintain a computerized job cost reporting
Citrus Community College District Bid Due Date: November 15, 2011 at 3:00: p.m.
Bid #01-1112 Library and Reprographics Roofing Project Page 77 of 96