Common use of Contractors Services and Responsibilities Clause in Contracts

Contractors Services and Responsibilities. 1. By this AGREEMENT, CONTRACTOR accepts the relationship of trust and confidence established between CONTRACTOR and DISTRICT. CONTRACTOR covenants with DISTRICT to furnish its professional skill and judgment in accordance with the level of care and skill exercised by members of the profession or occupation currently practicing under similar conditions and in similar locations, and under California law applicable to those specializing in providing CONTRACTOR services for projects of the type, scope, and complexity of the PROJECT in performing all services under this AGREEMENT. CONTRACTOR shall use its best professional efforts to complete the PROJECT in an expeditious and economical manner consistent with the interests and goals of DISTRICT. DISTRICT expects that CONTRACTOR shall take all precautions necessary to protect CONTRACTOR’s employees, DISTRICT’s employees, and members of the public from risk of harm arising out the nature of the work. 2. CONTRACTOR, by this AGREEMENT, agrees to complete the PROJECT known as OCC East Campus Utility Relocation Project Bid No. N/A according to all the terms and conditions set forth in the Project Documents, including, but not limited to the following documents, as applicable to the PROJECT: Notice Calling for Bids Workers’ Compensation Certificate Guarantees Information for Bidders Faithful Performance Bond Certificate Regarding Non- Asbestos Containing Materials Contractor Bid Form Payment Bond Contractor registration with DIR for Labor Compliance and prevailing wages Bid Bond or Bid Security Escrow Agreement, if applicable General Conditions Designation of Subcontractors Drug-Free Workplace Certification Special Conditions Information Required of Bidder Change orders Drawings and specifications All prequalification forms submitted pursuant to Public Contract Code 20111.5 Shop drawings and transmittals Modifications, addenda, and amendments to any of the above documents Noncollusion Affidavit Insurance certificates and endorsements Collectively, the above documents shall be referred to as the PROJECT Documents. What is called for by any one shall be as binding as if called for by all and all and each shall constitute a part of this AGREEMENT. CONTRACTOR shall secure Performance and Payment Bonds as required by DISTRICT at DISTRICT'S sole discretion. 3. CONTRACTOR shall perform within the time set forth in Paragraph 4 of Article I of this AGREEMENT everything required to be performed, and shall provide, furnish, and pay for all the labor, materials, tools, expendable equipment, taxes, utilities, and transportation services required for construction of the Project. All of said work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications, and all provisions of this AGREEMENT. CONTRACTOR shall be liable to DISTRICT for any damages arising as a result of a failure to fully comply with these obligations, and CONTRACTOR shall not be excused with respect to any failure to so comply by any act or omission of CONTRACTOR, engineers, inspectors, Division of State Architects, or representatives of any of them, unless such act or omission actually prevents CONTRACTOR from fully complying with the requirements of the Project Documents, and unless CONTRACTOR protests at the time of such alleged prevention that the act or omission is preventing CONTRACTOR from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with DISTRICT within three working days of the date of occurrence of the act or omission preventing CONTRACTOR from fully complying with the Project Documents. 4. CONTRACTOR’s work shall be commenced on or before the fifteenth day after receiving DISTRICT'S Notice to Proceed and shall be completed within _136 calendar days from the date specified in the Notice to Proceed. consecutive

Contractors Services and Responsibilities. 1. By this AGREEMENT, CONTRACTOR accepts the relationship of trust and confidence established between CONTRACTOR and DISTRICT. CONTRACTOR covenants with DISTRICT to furnish its professional skill and judgment in accordance with the level of care and skill exercised by members of the profession or occupation currently practicing under similar conditions and in similar locations, and under California law applicable to those specializing in providing CONTRACTOR services for projects of the type, scope, and complexity of the PROJECT in performing all services under this AGREEMENT. CONTRACTOR shall use its best professional efforts to complete the PROJECT in an expeditious and economical manner consistent with the interests and goals of DISTRICT. DISTRICT expects that CONTRACTOR shall take all precautions necessary to protect CONTRACTOR’s employees, DISTRICT’s employees, and members of the public from risk of harm arising out the nature of the work. 2. CONTRACTOR, by this AGREEMENT, agrees to complete the PROJECT known as OCC East Campus Utility Kinesiology Pre-Construction Communications Relocation Project Bid No. N/A according to all the terms and conditions set forth in the Project Documents, including, but not limited to the following documents, as applicable to the PROJECT: Notice Calling for Bids Workers’ Compensation Certificate Guarantees Information for Bidders Faithful Performance Bond Certificate Regarding Non- Asbestos Containing Materials Contractor Bid Form Payment Bond Contractor registration with DIR for Labor Compliance and prevailing wages Bid Bond or Bid Security Escrow Agreement, if applicable General Conditions Designation of Subcontractors Drug-Free Workplace Certification Special Conditions Information Required of Bidder Change orders Drawings and specifications All prequalification forms submitted pursuant to Public Contract Code 20111.5 Shop drawings and transmittals Modifications, addenda, and amendments to any of the above documents Noncollusion Affidavit Insurance certificates and endorsements Collectively, the above documents shall be referred to as the PROJECT Documents. What is called for by any one shall be as binding as if called for by all and all and each shall constitute a part of this AGREEMENT. CONTRACTOR shall secure Performance and Payment Bonds as required by DISTRICT at DISTRICT'S sole discretion. 3. CONTRACTOR shall perform within the time set forth in Paragraph 4 of Article I of this AGREEMENT everything required to be performed, and shall provide, furnish, and pay for all the labor, materials, tools, expendable equipment, taxes, utilities, and transportation services required for construction of the Project. All of said work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications, and all provisions of this AGREEMENT. CONTRACTOR shall be liable to DISTRICT for any damages arising as a result of a failure to fully comply with these obligations, and CONTRACTOR shall not be excused with respect to any failure to so comply by any act or omission of CONTRACTOR, engineers, inspectors, Division of State Architects, or representatives of any of them, unless such act or omission actually prevents CONTRACTOR from fully complying with the requirements of the Project Documents, and unless CONTRACTOR protests at the time of such alleged prevention that the act or omission is preventing CONTRACTOR from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with DISTRICT within three working days of the date of occurrence of the act or omission preventing CONTRACTOR from fully complying with the Project Documents. 4. CONTRACTOR’s work shall be commenced on or before the fifteenth day after receiving DISTRICT'S Notice to Proceed and shall be completed within _136 60 calendar days from the date specified in the Notice to Proceed. consecutive