Common use of Districts Responsibilities Clause in Contracts

Districts Responsibilities. 4.1 As consideration for performance of the work required herein, District agrees to pay Contractor the total contract amount of , ($ ), provided that such amount shall be subject to adjustment pursuant to written change orders signed in advance by District. 4.2 Contractor shall submit progress payment invoices to District at the end of each calendar month during the term of the Contract. All progress payment invoices shall be subject to approval by the District prior to payment by the District. Such progress payment invoices shall be made in accordance with Section 20104.50 of the California Public Contract Code, requiring District to make a determination of suitability of the payment request within seven (7) days of receipt of such request and further requiring District to make payment on properly submitted progress payment invoices within thirty (30) days in order to avoid interest payments to the Contractor upon such amounts. 4.3 When the Contractor determines that he has completed the work required herein, Contractor shall so notify District in writing and shall furnish all labor and material releases required by Section 3.3 of this Contract. District shall thereupon inspect the work and, if acceptable, shall pay to Contractor the contract price, less any amount which District may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made no later than sixty (60) calendar days after such final acceptance by District, in accordance with Section 7107 of the California Public Contract Code. Contractor is hereby alerted to provisions of Section 7107 of the California Public Contract Code, requiring Contractor to pay each of its subcontractors from whom retention has been withheld, each subcontractor's share of the retention received, within ten (10) calendar days from the time that all or any portion of such retention proceeds are received by Contractor from District. District will allow Contractor to substitute qualified securities, deposited with District or a qualified escrow agent, in lieu of contract retentions in accordance with provisions of California Public Contract Code, Section 22300. The escrow agreement used in such instance shall be substantially similar to that form set out in Section 22300 of the Public Contract Code. District will provide this form to the Contractor upon request. 4.4 To the extent required by Section 4215 of the Government Code, District shall compensate Contractor for the costs of locating and repairing damage to underground utility facilities not due to the failure of Contractor to exercise reasonable care, and removing or relocating underground utility facilities not indicated in the construction drawings and for equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of District to provide for removal or relocation of such utility facilities.

Districts Responsibilities. 4.1 As consideration for performance of the work required herein, District agrees , ($ _), to pay Contractor the total contract amount of , ($ ), provided that such amount shall be subject to adjustment pursuant to written change orders signed in advance by District. 4.2 Contractor shall submit progress payment invoices to District at the end of each calendar month during the term of the Contract. All progress payment invoices shall be subject to approval by the District prior to payment by the District. Such progress payment invoices shall be made in accordance with Section 20104.50 of the California Public Contract Code, requiring District to make a determination of suitability of the payment request within seven (7) days of receipt of such request and further requiring District to make payment on properly submitted progress payment invoices within thirty (30) days in order to avoid interest payments to the Contractor upon such amounts. 4.3 When the Contractor determines that he has completed the work required herein, Contractor shall so notify District in writing and shall furnish all labor and material releases required by Section 3.3 of this Contract. District shall thereupon inspect the work and, if acceptable, shall pay to Contractor the contract price, less any amount which District may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made no later than sixty (60) calendar days after such final acceptance by District, in accordance with Section 7107 of the California Public Contract Code. Contractor is hereby alerted to provisions of Section 7107 of the California Public Contract Code, requiring Contractor to pay each of its subcontractors from whom retention has been withheld, each subcontractor's share of the retention received, within ten (10) calendar days from the time that all or any portion of such retention proceeds are received by Contractor from District. District will allow Contractor to substitute qualified securities, deposited with District or a qualified escrow agent, in lieu of contract retentions in accordance with provisions of California Public Contract Code, Section 22300. The escrow agreement used in such instance shall be substantially similar to that form set out in Section 22300 of the Public Contract Code. District will provide this form to the Contractor upon request. 4.4 To the extent required by Section 4215 of the Government Code, District shall compensate Contractor for the costs of locating and repairing damage to underground utility facilities not due to the failure of Contractor to exercise reasonable care, and removing or relocating underground utility facilities not indicated in the construction drawings and for equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of District to provide for removal or relocation of such utility facilities.