Bid Package Santa Clara County Office of Education by jennyyingdi

VIEWS: 4 PAGES: 189

									                                                              B34E-08-09 – FIRE ALARM SYSTEM
                                PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                                  SANTA CLARA COUNTY OFFICE OF EDUCATION




                           SITE PREP FOR PORTABLES
                                                                     Located at:
                                          The Foundry Community Day School
                                          258 Sunol Street, San Jose, CA 95126




Prepared By:

SANTA CLARA COUNTY OFFICE OF EDUCATION - Bid # B34E-08-09 - FIRE ALARM SYSTEM
Purchasing Services
1290 Ridder Park Drive
San Jose, CA 95131


WESTON MILES ARCHITECTS
17500 Depot Street, #120
Morgan Hill, CA 95037
408.779.6686 Fax 408.778.9417
                                                           B34E-08-09 – FIRE ALARM SYSTEM
                             PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                               SANTA CLARA COUNTY OFFICE OF EDUCATION


TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
     SECTION 002113 - INSTRUCTIONS TO BIDDERS
     SECTION 003100 - AVAILABLE PROJECT INFORMATION: INVESTIGATION REPORTS
     SECTION 003113 - PRELIMINARY CONSTRUCTION SCHEDULE
     SECTION 004100 - BID FORM
     SECTION 004101 - BID FORM INSTRUCTIONS
     SECTION 004102 - BID PACKAGE DESCRIPTIONS
     SECTION 004313 - BID SECURITY
     SECTION 005000 - NOTICE OF INTENT AND AGREEMENT
     SECTION 006516 - INSURANCE CERTIFICATES
     SECTION 007200 - GENERAL CONDITIONS
     SECTION 007300 - SPECIAL CONDITIONS

DIVISION 1 - GENERAL REQUIREMENTS
     SECTION 010000 - DSA REQUIREMENTS
     SECTION 011000 - SUMMARY OF WORK
     SECTION 012200 - UNIT PRICES: MEASUREMENT AND PAYMENT
     SECTION 012600 - MODIFICATION PROCEDURES
     SECTION 012613 - REQUESTS FOR INFORMATION
     SECTION 012663 - CHANGE ORDER PROCEDURES
     SECTION 012976 - APPLICATION FOR PAYMENT
     SECTION 013113 - PROJECT COORDINATION
     SECTION 013119 - PROJECT MEETINGS
     SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION
     SECTION 013300 - SUBMITTAL PROCEDURES
     SECTION 014500 - QUALITY CONTROL
     SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS
     SECTION 015639 - TEMPORARY TREE AND PLANT PROTECTION
     SECTION 017400 - CONSTRUCTION CLEANING & WASTE MANAGEMENT
     SECTION 017700 - CONTRACT CLOSEOUT PROCEDURES
     SECTION 017800 - CONTRACT CLOSEOUT FORMS
     SECTION 018119 - CONSTRUCTION INDOOR AIR QUALITY MANAGEMENT

DIVISION 2 - EXISTING CONDITIONS – FOR REFERENCE ONLY
      SECTION 024113 - SELECTIVE SITE DEMOLITION

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY
      SECTION 283100 - FIRE DETECTION ALARM SYSTEM
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                                                   SANTA CLARA COUNTY OFFICE OF EDUCATION



SECTION 002113 - INSTRUCTIONS TO BIDDERS
1.0   GENERAL

1.1   DEFINITIONS

      A.   The Bidding Documents Include:

           1.       Notice to Bidders

           2.       Investigation Reports

           3.       Project Manual, Specifications (Divisions 0-16)

           4.       Addenda

      B.   The Contract Documents Include:

           1.       The Accepted Bid

           2.       Addenda

           3.       Project Manual, Specifications (Divisions 0-16)

           4.       Certificate of Nondiscrimination by Seller

           5.       Non-collusion Affidavit

           6.       List of Subcontractors Form

           7.       Statement of Bidder’s Qualifications

1.2   PRE-BID CONFERENCE

      A.   The date and time of the Pre-bid Conference is found in the Notice to Bidders,
           Section 002113, Instructions to Bidders.

      B.   If a pre-bid conference has been scheduled at the site of the work, all bidders,
           subcontractors, material suppliers and others who may be working on the work of
           improvement are strongly encouraged to attend this pre-bid conference. Due to the
           facts and circumstances of this particular project, the pre-bid conference may be the
           only opportunity to conduct the pre-bid investigation of the site and satisfy the pre-
           bid obligations set forth in these Contract Documents. If a bidder (or others) attend
           the entirety of a scheduled pre-bid conference and need additional time to complete
           their investigation of the site or other pre-bid obligations set forth in these Contract
           Documents, bidder must notify the County in writing, via certified or registered mail,
           no less than five (5) days before the scheduled bid opening date, to request additional
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                                                   SANTA CLARA COUNTY OFFICE OF EDUCATION


           time. The written request must include an estimate of the amount of additional time
           required by bidder.

1.3   BIDDING DOCUMENTS

      A.   Bid documents can be reviewed at the SCCOE located at 1290 Ridder Park Drive,
           San Jose, CA 95131 or on the SCCOE website at:
           http://www.sccoe.org/depts/purchasing, commencing on Thursday, May 28, 2009. If
           you wish to purchase your own sets, they will be at San Jose Blueprint at 835 W.
           Julian Street, San Jose, CA 95120, 408-295-5770.

      B.   Bidders shall use complete sets of Bidding Documents in preparing bids. Bidders are
           responsible for ascertaining that the Bidding Documents upon which their bids are
           based are complete sets.

      C.   Requests from bidders for clarification or interpretation of the Bidding Documents
           shall be directed to the construction manager in writing and received by construction
           manager no later than seven (7) calendar days prior to bid date or at the discretion of
           the construction manager. The construction manager will consult with the County
           who is solely responsible for clarification and interpretation. The construction
           manager will prepare an addendum and will forward each addendum to the all known
           bid document holders.

      D.   Should a bidder find discrepancies, ambiguities, inconsistencies, errors or omissions
           in the documents, or should there be any doubt as to their meaning, the bidder shall at
           once notify the construction manager in writing. If bidder fails to notify the
           construction manager in writing, the bidder will be responsible for the strictest
           interpretation.

      E.   Each bidder shall acknowledge receipt of all addenda on the Bid Form. Failure by
           the bidder to acknowledge receipt of any document may result in the rejection of the
           bid.

      F.   An original of the bid form shall be filled in and submitted as the bid. All portions of
           the bid form must be completed before the bid is submitted. Failure to do so may
           result in the bid being rejected as non-responsive. Attached to and submitted with the
           Bid Form, bidder must provide the completed Certificate of Nondiscrimination by
           Seller, Non-collusion Affidavit signed by bidder, Statement of Compliance,
           Designation of Subcontractors form and Contractor’s Questionnaire submitted on the
           enclosed Bid form. Failure to submit all required documents may result in the bid
           being rejected as non-responsive.

      G.   Bidder may not withdraw the bid for a period of ninety (90) calendar days after the
           date for the opening of the bids.

      H.   Investigations of subsurface conditions or otherwise, are made for the purpose of
           design, and the County assumes no responsibility whatsoever with respect to the
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                                                   SANTA CLARA COUNTY OFFICE OF EDUCATION



           sufficiency or accuracy of borings, the log of test borings, or other preliminary
           investigations, or of the interpretation thereof, and there is no guaranty, either
           expressed or implied, that the conditions indicated are representative of those existing
           throughout the work, or any part of it, or that unanticipated conditions may not occur.
           When a log of test borings or other report is made available to Contractor or included
           in the Contract Documents, it is expressly understood and agreed that said log of test
           borings or other reports does not constitute a part of the Contract, and represents only
           an opinion of the County as to the character of the materials to be encountered, and is
           made available or included in the Contract Documents only for the convenience of
           the bidders. Bidders must satisfy themselves, through their own investigation, as to
           conditions to be encountered.

1.4   CONSTRUCTION SCHEDULE

      A.   For information regarding the Preliminary Construction Schedule, refer to Section
           003113, Preliminary Construction Schedule.

1.5   BID OPENING AND CONTRACT AWARDS

      A.   Bids will be opened publicly and read aloud at the time and date established in the
           Notice to Bidders.

      B.   Contracts shall be awarded on the basis of the lowest responsive and responsible bid
           determined by the base bid plus the sum of all of the alternates. The County reserves
           the right to prepare a contract based on any combination of base bid and alternates.
           The County intends to award contracts to the bidders who submit bids in accordance
           with the requirements of the Bidding Documents. All awards will be made in the
           County’s best interest, to the extent authorized by law.

      C.   Bid protests shall be filed in writing with the Santa Clara County Office of Education,
           1290 Ridder Park Drive, San Jose, California, 95131-2398, Purchasing Department,
           Attention: Andy Bursch by certified or registered mail, not later than three (3)
           working days after the bid opening or, if the protest is based on the selection of the
           apparent lowest responsible bidder, not later than three (3) working days after
           selection of the apparent lowest responsible bidder. The protest shall specify the
           reasons and facts upon which the protest is based.

      D.   The County reserves the right to waive any informality or irregularity in any bid.

      E.   The County reserves the right to reject any and all bids.

1.6   POST-BID INTERVIEWS

      A.   Bidders in contention for contract awards may be asked to attend post-bid interviews
           and submit post-bid documents in rough draft for review.
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                                                    SANTA CLARA COUNTY OFFICE OF EDUCATION


1.7    POST BID DOCUMENTS

       A.   The County may elect to issue a Notice of Intent to Award prior to the execution of
            County/Contractor Agreements.

       B.   Within five (5) days of receipt of Notice of Intent to Award, contractor is to provide
            the following:

            1.      Certificates of Insurance, refer to Section 006516, Insurance Certificates.

            2.      Schedule of Values.

            3.      Preliminary Construction Schedule, refer to Section 003113, Preliminary
                    Construction Schedule.

       C.   After receipt of the above post bid documents, the Santa Clara County Office of
            Education will issue a Purchase Order (PO), which is to serve as the contract
            agreement and Notice to Proceed.

       D.   Within fifteen (15) days of receipt of Notice of Intent to Award, contractor is to
            provide the following:

            1.      Samples and submittals, refer to Section 013300, Submittal Procedures.

1.8    WAGES

       A.   The schedule of prevailing rates of pay for each craft or type of workman needed to
            execute the work shall contain the minimum rate of pay, as established by the State
            Director of Industrial Relations in pursuance of the provision of the Labor Code of
            the State of California.

       B.   All bidders shall check the available source of labor supply and obtain information
            with reference to the length of the working day of various crafts and actual rates of
            wages being paid in the immediate vicinity of the place where work contemplated by
            these Documents is to be performed, particularly with reference to rates of pay that
            may be in excess of those general prevailing rates established by the County.

1.9    CONTRACTORS’ LICENSE

       A.   Bidders must be contractors, properly licensed to perform the work of this project
            with an active license in good standing as of the date of receipt of bids. License must
            be maintained in good standing throughout the term of the contract.

1.10   SUBCONTRACTOR LISTING

       A.   Pursuant to the provisions of Sections 4100 to 4114, inclusive of the California
            Public Contracts Code, every bidder shall in this bid set forth:
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             1.      The name and location of the place of business of each subcontractor.

             2.      The portion of the work that will be done by each subcontractor. If the bidder
                     fails to specify a subcontractor for any portion of the work to be performed
                     under the contract in excess of one half (1/2) of one percent (1%) of the
                     bidder’s total bid, he agrees to perform that portion himself. The successful
                     bidder shall not, without the written consent of the County, either:

                     a.      Substitute any person as subcontractor in place of the subcontractor
                             designated in the original bid.

                     b.      Permit any subcontract to be assigned or transferred or allow it to be
                             performed by anyone other than the original subcontractor listed in
                             the bid.

                     c.      Sublet or subcontract any portion of the work in excess of one half
                             (1/2) of one percent (1%) of the total bid as to which his original bid
                             did not designate a subcontractor.

2.0   FORMS FOR BIDDING

2.1   BID FORM - Refer to Section 004100, Bid Form.

3.0   PROCEDURES AND CONDITIONS FOR BIDDING

3.1   BIDDERS’ REPRESENTATIONS & ACKNOWLEDGEMENTS

      A.     In submitting a bid, each bidder represents that:

             1.      The bidder has read and understands the bidding documents.

             2.      The bid is made in accordance with the bidding documents.

             3.      The bidder has visited the Project site and is familiar with the local conditions
                     under which the Work will be performed and acknowledges that failure to
                     visit the site will not relieve the bidder of the responsibility for observing and
                     considering those conditions which a reasonable contractor would have
                     observed and considered during a site visit, estimating properly the difficulty
                     and the work without additional cost to the County.


                                          END OF SECTION
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                                                   SANTA CLARA COUNTY OFFICE OF EDUCATION



SECTION 003100 – AVAILABLE PROJECT INFORMATION:
                 INVESTIGATION REPORTS
1.0   GENERAL

1.1   INFORMATION AVAILABLE TO BIDDERS

      A.   The following reports are available to bidders for information: N/A

1.2   USE OF INFORMATION

      A.   All of these documents made available by the County are for information only and
           are not part of the Contract Documents, nor a warranty of subsurface conditions.

      B.   Bidders may review these documents at a location to be announced at the pre-bid
           conference. Bidders may purchase a copy at cost of reproduction.

      C.   The data contained in the above items have been utilized in the preparation of
           construction documents. The contractor may rely on the accuracy of the technical
           data contained in the report, but not upon non-technical data, interpretations or
           opinions contained therein, or for the completeness thereof for the contractor’s
           purposes.

      D.   Except as indicated in the preceding paragraph, contractor shall have full
           responsibility with respect to subsurface conditions at the site.


                                   END OF SECTION
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                                                   SANTA CLARA COUNTY OFFICE OF EDUCATION



SECTION 003113 - PRELIMINARY CONSTRUCTION
                 SCHEDULE
1.0   GENERAL

1.1   PRELIMINARY CONSTRUCTION SCHEDULE

      A.   The preliminary construction schedule indicates planned substantial completion dates
           for significant activities during the construction period. Substantial completion of an
           activity is considered to be attained when the work of subsequent activities can
           proceed in accordance with the Project Construction Schedule.

      B.   The contractor will be required to prepare a construction schedule in accordance with
           Section 013200, Progress Schedules and Reports. During the construction period the
           contractor is required to regularly provide information and input on scheduling and
           coordination of his work.

      C.   The contractor is required to submit a detailed schedule for the activities within his
           scope of work within five (5) working days of receipt of a Notice to Proceed from the
           County. Refer to Section 013200, Progress Schedules and Reports.

      D.   The project is to be performed in a single phase

           1.     Start date is to be within five days from receipt of Purchase Order, with
                  completion of work by upon 30 calendar days after the evacuation of The
                  Foundry Community Day School.

1.2   LIQUIDATED DAMAGES

      A.   In the event of failure on the part of the Contractor to complete it’s work within the
           time schedule, including any approved extensions thereof, the Contractor shall pay
           the County Liquidated Damages in the amount of $250 for each calendar day past the
           specified time that is required to Substantially Complete the work.


                                   END OF SECTION
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                                                        SANTA CLARA COUNTY OFFICE OF EDUCATION


BID FOR: The Foundry Community Day School Modular Buildings


TO:     Purchasing Department
        Santa Clara County Office of Education
        1290 Ridder Park Drive
        San Jose, CA 95131-2398

DATE SUBMITTED:

SUBMITTED BY: _______________________________________________________
                Name of Bidder

Address:



Phone #:                                                        Fax #:


The undersigned has carefully examined the site, the proposed contract documents consisting of
Project Manual and all addenda prepared by Weston Miles Architects Inc. pertinent to the
construction of the above referenced Project and further, being familiar with all other conditions
affecting the work, the undersigned hereby proposes and agrees to provide all labor, materials,
supervision, transportation, tools, equipment, services and other facilities necessary and required for
the expeditious completion of the work included in the bid indicated above, in strict conformity with
said conditions and contract documents.

The undersigned has reviewed the work outlined in the bid, fully understands the scope of work
required in this bid, acknowledges that the bid includes the work of all trades within the bid
documents, understands that each bidder who is awarded a contract shall be in fact a prime
contractor, not a subcontractor, to the Santa Clara County Office of Education, and agrees that the
bid, if accepted by the County, will be the basis for a contract with the County to enter into such a
contract in accordance with the intent of the contract documents.

The undersigned agrees to complete the work required within the bid package, within the time
indicated in contract documents as specified in Section 003113, Preliminary Construction Schedule.

The undersigned has notified the construction manager of any discrepancies or omissions, or of any
doubt about the meaning of any of the contract documents, and has contacted the construction
manager before bid date to verify the issuing of any clarifying addenda.
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The undersigned further acknowledges receipt of the following addenda:

       No.                             Date:

       No.                             Date:

       No.                             Date:

        No.                            Date:
(Include all addenda received)

BIDDER NAME:

BASE BID:

The undersigned proposes to provide and construct the work required for the above listed bid
number, including all allowances listed in the bid package description identified in the Project
Manual, in accordance with said contract documents for the lump sum price of:

1.     Bid Package                  - The Foundry Community Day School Modular Buildings

                                                                                       Dollars

($                                     ). INCLUDES ALL TAXES. (Amount shall be shown in
both words and figures. In case of discrepancy, the amount shown in words shall govern.)

AGREEMENT:

It is understood and agreed that if written notice of the County’s acceptance of this proposal is
mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within ninety
(90) days, or at any time thereafter before this bid is withdrawn, the undersigned will execute and
deliver to the County a contract in accordance with the bid as accepted, and will also furnish and
deliver to the County the Certificate of Insurance as specified, all within five (5) working days after
receipt of notification of intent to award, and that the work under the contract shall be commenced by
the undersigned bidder, if awarded the contract, on the date indicated in Section 003113, Preliminary
Construction Schedule, and shall be completed by the contractor in the time specified in the contract
documents.

Enclosed herewith is a listing of subcontractors and major material suppliers in accordance with
Section 4100 to 4114 of the California Public Contracts Code and the Instructions to Bidders.
The undersigned acknowledges the fact that the County reserves the right to accept or reject any and
all bids, to waive any irregularity or informality in receipt of this bid, with or without cause or
reason, and award the contract on the basis stated in the Instructions to Bidders.
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COUNTY POLICIES

Smoke Free Environment Policy

As per Education Code 48901 and Health and Safety Code 39002, the Santa Clara County Office of
Education is a Tobacco Free Environment. Smoking and the use of tobacco products by all persons
shall be prohibited on or in county school property. County property includes: school buildings,
school grounds, school owned vehicles and vehicles owned by others while on County property.

Equal Opportunity Statement

Santa Clara County Office of Education has an Affirmative Action Employment Program and
requires any organization or business we contract or trade with to adhere to the same policies.

                                         is an EEO/AA Employer and adheres to the policies.
(Bidder Company Name)

BIDDER NAME:

CERTIFICATE OF NONDISCRIMINATION BY SELLER

As a supplier of goods or services to the Santa Clara County Office of Education, the firm listed
below certifies that it does not discriminate in its employment with regard to race, religion, creed,
sex, national origin, or handicap; that it is in compliance with all Federal, State, and local directives
and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate
positively and aggressively the principal of equal opportunity in employment.

                We agree specifically:

                   1. To establish or observe employment policies which affirmatively promote
                      opportunities for minority persons at all job levels.

                   2. To communicate this policy to all persons concerned, including all company
                      employees, outside recruiting services (especially those serving minority
                      communities), and the minority communities at large.

                   3. To take affirmative steps to hire minority employees within the company.

FIRM NAME:

TITLE OF OFFICER SIGNING:

SIGNATURE:                                                                DATE:
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                                                          SANTA CLARA COUNTY OFFICE OF EDUCATION



BIDDER NAME:

NONCOLLUSION AFFIDAVIT

The contractor and/or the subcontractors, as applicable, shall comply with the California Public Code
Section 7106, which is worded as follows:

“Any public works contract of a public entity shall include an affidavit, in the following form:

State of California             )
                                ) ss.
County of Santa Clara           )

                        , being first duly sworn, deposes and says that he or she is
(Name)

                                 of
(Title)                                   (Contractor)
                 (DBA)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix
the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element
of the bid price, or of that of any other bidder, or to secure any advantage against the public
body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent
thereof, to effectuate a collusive sham bid.”

The undersigned certifies under penalty of perjury that the foregoing is true and correct;




Signature
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BIDDER NAME:


LIST OF SUBCONTRACTORS

PROJECT:        The Foundry Community Day School Relocatable Campus Expansion

Pursuant to the provisions of Sections 4100 to 4114 inclusive, of the California Public Contracts
Code, and as set forth in Instructions to Bidders, and the General Conditions, the above named
contractor hereby designates below the names and locations of the place of business of each
subcontractor. District may request subcontractor license number.

SUBCONTRACTOR                   LOCATION OF BUSINESS                               WORK/TRADE




If no subcontractors are to be used please indicate on the top line of this form
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BIDDER NAME:

STATEMENT OF BIDDER’S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. If necessary,
questions may be answered on separate attached sheets. The bidder may submit any additional
information.

1. When organized?

2. If Corporation, where incorporated?

3. How many years have you been engaged in the contracting business under your present firm or
   trade name?______________________________________________

4. Have you eve defaulted on a contract?                If so, where and why?



5. Have you ever failed to complete any work awarded to you?                    If so, where and why?


   How was it resolved?



6. List the projects currently under contract including the contract value, the scheduled completion
   date, contact person and phone number.

                       CONTRACT                COMPLETION
NAME                   VALUE                   DATE                   CONTACT & PHONE




Attach additional pages if needed.
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BIDDER NAME:

7. List experience in school construction work similar to this project. Provide a contact name and
   phone number.

PROJECT                                                       CONTACT & PHONE NUMBER




8. Do you currently have any legal action pending?     If yes, please explain:




The undersigned hereby authorizes and requests any person, firm or corporation to furnish any credit
history and financial condition or other information required by the District in verification of the
recitals comprising this Statement of Bidder’s Qualifications. I hereby certify that the above
information is true and correct to the best of my knowledge and that the District may rely on the
information provided.

THIS STATEMENT MUST BE NOTARIZED.
Attach the “California All Purpose Acknowledgement” duly notarized.

NAME OF CONTRACTOR:

BY:
       Signature                                      Title


       Type/Print Name                                                           Date


       Signature                                      Title


       Type/Print Name                                                           Date
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BIDDER NAME:

Bidder is a: (circle one)
Corporation Partnership Individual      Joint Venture Other                    ____
                                                      (Specify)
NAMES AND TITLES OF KEY MEMBERS OF FIRM:
(Name of person signing the bid on behalf of the bidder and all general partners, if a partnership,
must be included.)



NAME OF PRESIDENT IF A CORPORATION:



NAME OF SECRETARY IF A CORPORATION:




CALIFORNIA CONTRACTORS LICENSE(S):


Name of License(s):


Classification(s)                        Number                                   Expiration Date

(For Joint Ventures, list Joint Venture's license or licenses for all Joint Venture partners.)

The following documents are submitted with and made a condition of this bid:

1. Bid security in the form of                             (fill in type of bid security)

Corporation is organized under the laws of the State of

Corporate Seal:
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Name of bidder's firm:

Address:




By:                              __________________________________________________
                                 (Signature)
                                 __________________________________________________
                                 (Print or Type Name)


By:                              __________________________________________________
                                 (Signature)
                                 __________________________________________________
                                 (Print or Type Name)
                                 __________________________________________________
                                 (Print or Type Title)

(If signature is by other than the sole proprietor, general partner, or corporate officers, attach an
original Power of Attorney.)


                                          END OF SECTION
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                                                   SANTA CLARA COUNTY OFFICE OF EDUCATION



SECTION 004101 – BID FORM INSTRUCTIONS

1.0   GENERAL

1.1   BID FORMS

      A.   Bidders are required to use the Bid Form provided in Section 004100, Bid Form.
           Additional proposal forms may be obtained from the construction manager.

2.0   FORMAT

2.1   BID FORMAT

      A.   A responsive bid consists of all the following:

           1.      Completion of all pages of the Bid Form (Section 004100)

      B.   Bids shall be submitted in a sealed bid envelope. On the face of the envelope clearly
           write or type “BID PROPOSAL FOR THE FOUNDRY COMMUNITY DAY
           SCHOOL #B34E-08-09– DO NOT OPEN.

      C.   All spaces provided on the Bid Form shall be filled in. If any space provided is not
           utilized by the bidder, that space shall be filled in with the notation “N/A” (Not
           Applicable).

      D.   The Bid Form shall be type written or manually printed in ink.

      E.   Where indicated, all amounts shall be expressed in words and in figures. In case of
           discrepancy, the amount written in words shall govern.

      F.   Bidders shall not make unsolicited notations or statements on the Bid Form.
           Alteration of the Bid Form is not permitted, and may result in the bid being
           considered non-responsive.

      G.   All changes to and erasures of the bidder’s entries shall be initialed by the signer of
           the bid.

      H.   Each bid shall include the legal name of the bidder and a statement regarding whether
           the bidder is a sole proprietor, a partnership, a corporation, or other type of legal
           entity. Bids submitted by corporations shall have the state of incorporation noted.
           Any bid submitted by an agent shall have a current Power of Attorney attached,
           certifying the agent’s power to bind the bidder.
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3.0   COMPLETION OF BID FORMS

3.1   BID FORM (Section 004100)

      A.    Submit only one Bid Form.

      B.    Fill in the numbers and dates on all Addenda received and considered in the bid.
            Bids must include acknowledgement of all addenda issued prior to the bid date.

      C.    Fill out and sign the Certificate of Nondiscrimination by Seller

      D.    Fill out and sign the Non-Collusion Affidavit.

      E.    Fill in List of Subcontractors; if there will not be any subcontractors, state that on the
            top line and sign the form.

      F.    Type or print the signer’s name and title in the spaces provided below the signature.

      G.    Date the Bid Form in the spaces provided.

      H.    Place the bidder’s name on each sheet in the space provided.

      I.    Attach the “California All Purpose Acknowledgement” notarized document to the
            bid.

      J.    List contractor’s license number and expiration date. Sign and date the bid document
            in the space provided on page eleven (9). The signature is binding for all items
            within the bid except where additional signature is needed.

3.2   SUBMISSION OF BIDS

      A.    Bids shall be submitted to the County in writing, at the location stated in Section
            002113, Instructions to Bidders. Telephone and faxed proposals will not be accepted.

      B.    Bids shall be submitted by the time and date stated in Section 002113, Instructions to
            Bidders.

      C.    Bidders shall bear full responsibility for delivering bids to the location for receipt of
            bids by the time and date for receipt of bids.

      D.    No telephones will be provided by the County for use by bidders when preparing
            their bid.
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3.3   MODIFICATIONS OR WITHDRAWAL OF BIDS

      A.   A bid may not be withdrawn by the bidder following the time and date designated for
           the receipt of bids, except in accordance with Sections 5100 – 5108 of the Public
           Contract Code.

      B.   Prior to the time and date designated for receipt of bids, bids may be modified or
           withdrawn. Modifications and withdrawals shall be in writing. Telephone or fax
           modifications will not be accepted.

      C.   Withdrawn bids may be resubmitted up to the time and date designated for receipt of
           bids.


                                   END OF SECTION
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SECTION 004102 – BID PACKAGE DESCRIPTIONS

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes Bid Package Descriptions

1.2   RELATED SECTIONS

      A.   Documents affecting work of this Section include, but are not necessarily limited to,
           General Conditions, Special Conditions and Division 1 of these Contract Documents.

      B.   Section 011000, Summary of Work

1.3   BID PACKAGE DESCRIPTIONS

      A.   Bid Package title:

           Package B34E-08-09 – Fire alarm system

      B.   For the purpose of clarity, the scope of work for each Bid Package has been divided
           into three categories: "INCLUDED", "ALSO INCLUDED", and "EX CLUDED".

           1.      Items listed under "INCLUDED" are the standard and/or "conventional" work
                   scope of each Bid Package.

           2.      Information provided under "ALSO INCLUDED" points out some items
                   which may be considered less obvious or "unconventional," but which are
                   included in the work scope of each Bid Package. (Information under this
                   heading is not always necessary to delineate a Bid Package.)

           3.      Information provided under "EXCLUDED" is for the purpose of indicating
                   beginning and termination points, and/or to provide an understanding of fringe
                   involvement included in Bid Packages. (Information under this heading is not
                   always necessary to delineate a Bid Package.)

      C.   BID PACKAGES ARE THE CATEGORIES OF WORK INTO WHICH THE
           PROJECT WILL BE DIVIDED FOR BIDDING AND CONSTRUCTION.

           1.      Bid Package Descriptions are written descriptions of the Scope of Work
                   included in each of the bid packages.

           2.      Bid Package Descriptions have been written to clearly define each bid
                   package and are accessible on the SCCOE website at www.sccoe.org.
                   Contractors are encouraged to request information or clarification by calling
                   the construction manager. The County will not be responsible for a
                   contractor’s incorrect interpretation of the bid packages.
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D.   DESCRIPTIONS OF BID PACKAGES

     Bid Package B34E-08-09: Fire Alarm system

     1.    Description of Scope: Provide all required shop drawings, engineering,
           material, equipment, supervision, coordination and all related work, necessary
           for the completion of the Fire alarm Work in accordance with ALL Contract
           Documents and all applicable codes and authorities including, but not limited
           to, the following:

           A.    Furnish and install all labor and materials for fire alarm systems per the
                 plans:

                       a. Including wiring and all devices

                       b. Conduits by electrical contractor

           B.    Provide testing for all Systems

     2.    Also included, but not limited to:

           A.    Provide protection of all surrounding areas, including but not limited to,
                 buildings, landscaping, pavements, walkways, curbs, curbs and gutters,
                 driveways, noted to remain. Provide and maintain adequate barricades
                 and safety precautions required by all applicable local and state codes.

           B.    Provide daily clean up of all trash generated by the work under this
                 contract.

           C.    Modifications to existing fence may be required in order to provide
                 access to Contractors. Contractor is to include labor and materials
                 required to modify existing fences and repair upon completion of work.

           D.    Provide as built record drawings showing original contract, addenda,
                 RFIs, change order work and additional work, including the cost of
                 reproducing those drawings for the County.



                            END OF SECTION
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SECTION 004313 – BID SECURITY

1.0   GENERAL

1.1   BID SECURITY

      A.   All bids must be valid for the time specified in Section 002113, Instructions to
           Bidders.

      B.   Each bid shall be accompanied by Bid Security, pledging that the bidder will enter
           into a contract with the County in accordance with the terms stated in the bid and will
           furnish bonds as described in Section 006516, Insurance Certificates. The Bid Bond,
           Faithful Performance Bond and the Labor and Materials Payment Bond must be
           issued by an insurance commissioner to transact surety business in the State of
           California during this calendar year. Should the bidder refuse to enter into such
           contract or fail to furnish such bonds, the amount of the bid security shall be forfeited
           to the County as damages, not as a penalty.

      C.   Bid security shall be in the amount of ten percent (10%) of the base bid.

      D.   Bid security shall be in the form of a bid bond, cashier’s check or a certified check.
           The County shall be listed as obligee on the bond or as payee on the check.

      E.   If a bid bond is submitted, the attorney-in-fact who executes the bond of behalf of the
           surety shall attach to the bond a certified, current copy of his power of attorney. The
           bid bond form supplied by the surety is adequate.

      F.   Bid security from all bidders will be retained a minimum of fifteen (15) days after
           bids have been opened. The bid security will be retained for the two lowest
           responsive bidders until the successful bidder executes a contract.

      G.   Bid security for the two lowest responsive bidders will be returned to bidders within
           ten (10) days after construction contracts with the successful bidder has been fully
           executed. If the successful bidder withdraws his bid within the period specified
           therein for acceptance, or upon acceptance thereof by the County, and fails to enter
           into the contract and provide bonds within the time specified after the forms are
           presented to him, he shall be liable for any difference by which the cost of securing
           the supplies or services exceeds the amount of bid, and the bid security shall be
           available toward offsetting such difference.


                                    END OF SECTION
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SECTION 005000 – NOTICE OF INTENT & AGREEMENT

1.0   GENERAL

1.1   NOTICE OF INTENT TO AWARD

      A.   The County may elect to issue a Notice of Intent to Award prior to execution of
           County/Contractor Agreements.

      B.   Upon receipt of such a Notice of Intent, the contractor shall review it for
           completeness and accuracy. If the Contractor has any comments regarding the
           content, they must notify the County in writing within two (2) working days.

      C.   Should a Notice of Intent to Award be issued, the Contractor shall submit all
           required post bid documents by the fifth (5th) working day following the date of
           issue of the Notice of Intent to Award. The post bid documents include:

           1.     Certificates of Insurance (Section 006516)

           2.     Schedule of Values

           3.     Preliminary

1.2   COUNTY/CONTRACTOR AGREEMENT

      A.   The Agreement between the County and each contractor will be written on the
           County’s standard Purchase Order Form.

      B.   The Purchase Order Form will be completed by the County and will be sent to the
           selected contractor.

      C.   The Purchase Order, along with all other bidding documents as defined in Section
           002113, Instructions to Bidders will be the entire, integrated contract between the
           County and each contractor.

      D.   Upon receipt of a Purchase Order, the successful bidder shall review it for
           completeness and accuracy.

      E.   The County will execute the Purchase Order after all required post bid documents
           have been submitted.

      F.   The Purchase Order will serve as the Contractor’s Notice to Proceed.


                                      END OF SECTION
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SECTION 006516 – INSURANCE CERTIFICATES

1.0   GENERAL

1.1   INSURANCE CERTIFICATES

      A.   Each contractor shall provide insurance certificates to the construction manager for
           delivery to the County indicating that all required insurance coverage is in   force
           prior to beginning work on the project.

      B.   Use a standard Insurance Certificate Form such as the “Accord” form available
                    from your insurance agent. Also include the County, the construction
           manager,        and their agents, representatives and employees to be added to the
           original        certificate as additional named insureds.

1.2   CONTRACTOR’S LIABILITY INSURANCE

      A.   The contractor shall purchase and maintain liability insurance to protect the County,
           the construction manager, and their agents, representatives and employees from
           claims set forth below which may arise out of or result from the contractor’s
           operations under the contract whether such operations be by himself or by any
           subcontractor or by anyone directly or indirectly employed by any of them or by
           anyone for whose acts any of them may be liable. The insurance required shall
           include contractual liability insurance applicable to the contractor’s obligations. The
           following claims shall be covered.

           1.    Claims under worker’s compensation, disability benefit and similar employee
                 benefits acts (with worker’s compensation and employer’s liability insurance in
                 an amount not less than those necessary to meet the statutory requirements of
                 the state(s) having jurisdiction over an portion of the work);

           2.    Claims for damages because of public liability bodily injury, occupational
                 sickness or disease, or death of this contractor’s employees, not less than three
                 million dollars ($3,000,000);

                 a.   Claims for damages because of bodily injury, sickness or disease, or death
                      of any person other than his employees arising out of any one occurrence;

                 b.   Claims for damages insured by usual personal injury liability coverage
                      which are sustained (1) by any person as a result of an offense directly or
                      indirectly related to the employment of such person by the contractor, or
                      (2) by any other person;

           3.    Claims for damage, other than to the work itself, because of injury to or
                 destruction of tangible property, including loss of use resulting therefrom in the
                 amount of not less than three million dollars ($3,000,000) against any liability
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                 arising directly or indirectly out of any activity, performance, or operation
                 under the contract;

           4.    Claims for damages because of bodily injury or death of any person or property
                 damage arising out of the ownership maintenance or use of any motor vehicle,
                 owned, hired and non-owned with minimum limits of liability, per occurrence,
                 of three million dollars ($3,000,000) for bodily injury and property damage.

      B.   All policies shall contain a provision requiring thirty (30) days written notice to be
           given to the County prior to cancellation, modification, or reduction of limits. The
           standard cancellation clause on the certificate shall be changed from:

           “Should any of the above described policies be canceled before the expiration date
           thereof, the issuing company will endeavor to mail 30 days written notice to the
           certificate holder named to the left but failure to mail such notice shall impose no
           obligation or liability of any kind upon the company, its agent or representative.”

                   to:

           “Should any of the above described policies be canceled before the expiration date
           thereof, the issuing company will mail 30 days written notice to the certificate holder
           named.”

      C.   The insurance required shall be primary and non-contributory to any insurance
           possessed or procured by the County and limits of liability shall be not less than those
           set forth.

      D.   Certificates of insurance acceptable to the County shall be filed with the County prior
           to commencement of work.

1.3   PROPERTY INSURANCE

      A.   The County will provide property insurance in accordance with the general
           conditions of the contract documents. The contractor shall be responsible for and pay
           all costs of the deductible up to a maximum of $10,000 for each claim.

      B.   The County will provide an endorsement listing the construction manager and the
           architect as additional insureds under all such policies of insurance.


                                    END OF SECTION
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SECTION 007200 – GENERAL CONDITIONS

                                     TABLE OF CONTENTS
                           SANTA CLARA COUNTY OFFICE OF EDUCATION

Article 1.    NOT USED. ........................................................................................................................
Article 2.    LAWS CONCERNING THE COUNTY A PART HEREOF .......................................... 3
Article 3.    SITE INVESTIGATION .................................................................................................. 3
Article 4.    STATUS OF CONTRACTOR ......................................................................................... 3
Article 5.    CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY......... 31
Article 6.    CONTRACTOR'S SUPERVISION ................................................................................ 31
Article 7.    SUBCONTRACTORS ...................................................................................................... 4
Article 8.    PROHIBITED INTERESTS ............................................................................................. 5
Article 9.    COUNTY'S INSPECTOR ................................................................................................ 5
Article 10.   NOT USED. ........................................................................................................................
Article 11.   NOT USED. ........................................................................................................................
Article 12.   NO ORAL AGREEMENTS ............................................................................................. 6
Article 13.   ASSIGNMENT OF ANTITRUST ACTIONS ................................................................. 6
Article 14.   OTHER CONTRACTS..................................................................................................... 6
Article 15.   OCCUPANCY ................................................................................................................ 34
Article 16.   COUNTY'S RIGHT TO DO WORK ................................................................................ 7
Article 17.   COUNTY'S RIGHT TO TERMINATE OR SUSPEND CONTRACT ............................ 7
Article 18.   CONTRACTOR'S RIGHT TO TERMINATE CONTRACT........................................... 9
Article 19.   NOT USED. ........................................................................................................................
Article 20.   NOT USED. ........................................................................................................................
Article 21.   FIRE INSURANCE .......................................................................................................... 9
Article 22.   PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE .............................. 9
Article 23.   WORKERS' COMPENSATION INSURANCE ............................................................ 10
Article 24.   PROOF OF CARRIAGE OF INSURANCE .................................................................. 10
Article 25.   PLANS AND SPECIFICATIONS .................................................................................. 10
Article 26.   OWNERSHIP OF PLANS .............................................................................................. 12
Article 27.   DETAIL DRAWINGS AND INSTRUCTIONS ............................................................ 12
Article 28.   NOT USED. ........................................................................................................................
Article 29.   LAYOUT AND FIELD ENGINEERING ...................................................................... 13
Article 30.   SOILS INVESTIGATION REPORT ............................................................................. 13
Article 31.   TESTS AND INSPECTIONS ......................................................................................... 13
Article 32.   NOT USED. ........................................................................................................................
Article 33.   VERIFICATION OF TEST REPORTS.......................................................................... 14
Article 34.   TRENCHES .................................................................................................................... 14
Article 35.   DOCUMENTS ON WORK ............................................................................................ 15
Article 36.   STATE AUDIT ............................................................................................................... 15
Article 37.   NOT USED. ........................................................................................................................
Article 38.   NOT USED. ........................................................................................................................
Article 39.   NOT USED. ........................................................................................................................
Article 40.   MATERIALS AND WORK ........................................................................................... 15
Article 41.   INTEGRATION OF WORK .......................................................................................... 17
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Article 42.   OBTAINING OF PERMITS, LICENSES AND EASEMENTS .................................... 17
Article 43.   SURVEYS ...................................................................................................................... 17
Article 44.   EXISTING UTILITY LINES; REMOVAL, RESTORATION ...................................... 17
Article 45.   WORK TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS ............. 18
Article 46.   ACCESS TO WORK ...................................................................................................... 18
Article 47.   PAYMENTS BY CONTRACTOR................................................................................. 18
Article 48.   LIENS ............................................................................................................................. 19
Article 49.   MUTUAL RESPONSIBILITY OF CONTRACTOR..................................................... 19
Article 50.   NOT USED. ........................................................................................................................
Article 51.   UTILITIES ...................................................................................................................... 19
Article 52.   SANITARY FACILITIES .............................................................................................. 19
Article 53.   CLEANING UP .............................................................................................................. 20
Article 54.   PATENTS, ROYALTIES, INDEMNITIES, AND TAXES ........................................... 20
Article 55.   GUARANTEE ................................................................................................................ 20
Article 56.   DUTY TO PROVIDE FIT WORKERS ......................................................................... 21
Article 57.   WAGE RATES, TRAVEL AND SUBSISTENCE ........................................................ 21
Article 58.   HOURS OF WORK ........................................................................................................ 22
Article 59.   PAYROLL RECORDS ................................................................................................... 23
Article 60.   APPRENTICES .............................................................................................................. 24
Article 61.   LABOR FIRST AID ....................................................................................................... 25
Article 62.   PROTECTION OF PERSONS AND PROPERTY ........................................................ 25
Article 63.   AFFIRMATIVE ACTION EMPLOYMENT PROGRAM ............................................ 27
Article 64.   SCHEDULE OF VALUES ............................................................................................. 27
Article 65.   CONTRACTOR CLAIMS.............................................................................................. 28
Article 66.   NOT USED. ........................................................................................................................
Article 67.   PAYMENTS ................................................................................................................... 31
Article 68.   CHANGES AND EXTRA WORK ................................................................................. 32
Article 69.   COMPLETION ............................................................................................................... 33
Article 70.   ADJUSTMENT TO CONTRACT PRICE ..................................................................... 34
Article 71.   CORRECTION OF WORK ............................................................................................ 34
Article 72.   EXTENSIONS OF TIME AND DELAY DAMAGES .................................................. 35
Article 73.   PAYMENTS WITHHELD ............................................................................................. 35
Article 74.   EXCISE TAXES ............................................................................................................. 37
Article 75.   TAXES ............................................................................................................................ 37
Article 76.   NO ASSIGNMENT ........................................................................................................ 37
Article 77.   NOTICE AND SERVICE THEREOF ............................................................................ 37
Article 78.   NO WAIVER .................................................................................................................. 38
Article 79.   SEVERABILITY ............................................................................................................ 38
Article 80.   HAZARDOUS MATERIALS ........................................................................................ 38
Article 81.   MATERIAL SAFETY DATA SHEETS (MSDS) .......................................................... 38
Article 82.   CONSTRUCTION MANAGEMENT ............................................................................ 38
Article 83.   TIMELY PROGRESS PAYMENTS & INTEREST ...................................................... 39
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                                GENERAL CONDITIONS
                       SANTA CLARA COUNTY OFFICE OF EDUCATION

Article 1.      NOT USED

Article 2.      LAWS CONCERNING THE COUNTY A PART HEREOF

Contract is subject to all provisions of the Constitution and laws of California governing, controlling,
or affecting the County, or the property, funds, operations, or powers of the County, and such
provisions are by this reference made a part hereof.

Article 3.      SITE INVESTIGATION

Before bidding on this Work, Contractor shall make a careful investigation of the site and thoroughly
familiarize itself with the requirements of Contract. By the act of submitting a bid for the Work
included in this Contract, Contractor shall be deemed to have made such study and investigation and
represents that it is familiar with and accepts the existing conditions of the site. If required,
Contractor will submit with its bid a Site Visit Certification, evidencing its investigation of the site.

Article 4.      STATUS OF CONTRACTOR

(a) Contractor and subcontractors are, and shall at all times be deemed to be, independent
contractors and shall be wholly responsible for the manner in which they perform the services
required of them by the terms of this Contract. Nothing herein contained shall be construed as
creating the relationship of employer and employee, principal and agent, or joint ventures between
the County or any of the County’s employees or agents, on the one hand, and Contractor or any of
Contractor’s agents, employees, or subcontractors, on the other hand. Contractor assumes
exclusively the responsibility for the acts of its agents, employees, and subcontractors as they relate
to the services to be provided during the course and scope of their work. Contractor, its agents,
employees and subcontractors shall not be entitled to any rights or privileges of the County
employees. The County shall be permitted to monitor the activities of Contractor to determine
compliance with the terms of this Contract.

(b) Contractor and subcontractors are required by law to be licensed and regulated by the
Contractor's State License Board. Any questions concerning a contractor may be referred to the
Registrar, Contractors' State License Board, 3132 Bradshaw Road, Post Office Box 2600,
Sacramento, California, 95826.

(c) The Contractor shall be responsible to the County for acts and omissions of the Contractor’s
employees, representatives and agents and those of the subcontractor, its employees, representatives
and agents, and all other persons performing any portion of the Work under a contract or at the
request of Contractor. The Contractor shall not be relieved of the obligation to perform the Work in
accordance with the Contract Documents because of activities or duties performed by the
Construction Manager, if there is one, Architect, Inspector, or by tests, inspections or approvals
required or performed by persons other than Contractor.
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Article 5.       CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY

Before Contractor makes any change in the name or legal nature of the Contractor’s entity,
Contractor shall first notify the County directly, or through the Construction Manager, if there is one,
and cooperate with the County in making such changes as in this Contract the County may request.

Article 6.       CONTRACTOR'S SUPERVISION

(a) During progress of the Work, Contractor shall keep on the premises (including both the site and
    the plant) a competent construction superintendent who is an employee of the Contractor, and is
    satisfactory to the County, as indicated directly, or through the Construction Manager, if there is
    one. Before commencing the Work herein, Contractor shall give written notice directly to the
    County, or through the Construction Manager, if there is one, of the name of such superintendent.
    The Contractor’s construction superintendent shall not be changed except with prior written
    notice to the County or Construction Manager, if there is one, unless the Contractor’s
    construction superintendent proves to be unsatisfactory to Contractor, the County, or any of the
    County’s employees or agents, in which case, Contractor shall notify the County directly, or
    through the Construction Manager, if there is one, in writing. The Contractor’s construction
    superintendent shall represent Contractor, and all directions given to Contractor’s construction
    superintendent shall be binding on the Contractor.

(b) Contractor shall give efficient supervision to Work, using its best skill and attention. Contractor
    shall carefully study and compare all drawings, specifications, and other instructions and shall at
    once report to the County, directly, or through the Construction Manager, if there is one, any
    error, inconsistency or omission that Contractor, its employees or subcontractors may discover, in
    writing with a copy to the County’s inspector. The Contractor’s construction superintendent
    shall have sole responsibility for discovery of errors, inconsistencies or omissions.

Article 7.       SUBCONTRACTORS

(a) Contractor agrees to bind every subcontractor by terms of Contract as far as such terms are
    applicable to subcontractor's work. If Contractor shall subcontract any part of this Contract,
    Contractor shall be as fully responsible to the County for acts and omissions of any subcontractor
    and of persons either directly or indirectly employed by any subcontractor, as it is for acts and
    omissions of persons directly employed by Contractor. Nothing contained in the Contract
    Documents shall create any contractual relation between any subcontractor and the County, nor
    shall this Contract be construed to be for the benefit of any subcontractor. The Divisions or
    Sections of the Contract Documents (Specifications) are not intended to control the Contractor in
    dividing the work among subcontractors or limit the work performed by any trade.

(b) The County’s consent to, or approval of, any subcontractor under this Contract shall not in any
    way relieve Contractor of any obligations under this Contract and no such consent shall be
    deemed to waive any provisions of this Contract.

(c)    Pursuant to Section 4104 of the Public Contract Code, Contractor must submit a List of
      Subcontractors with its bid. If Contractor specifies more than one subcontractor for the same
      portion of work or fails to specify a subcontractor, and such portion of the Work exceeds one-half
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    of one percent (1/2 of 1%) of the total bid, Contractor agrees that it is fully qualified and licensed
    to perform and shall perform such work itself, unless Contractor provides for substitution or
    addition of subcontractors. Substitution or addition of subcontractors shall be permitted only as
    authorized in Chapter 2 (commencing at Section 4100), Division 5, Title 1 of the Public Contract
    Code.

(d) The Contractor shall be responsible for the coordination of the trades, subcontractors and
    materialmen engaged upon the Work.

(e) The County will not undertake to settle any differences between the Contractor and its
    subcontractors or between subcontractors.

(f) In accordance with Sections 4107 and 4107.5 of the Public Contract Code, the Contractor shall
    not without consent in writing of the County: (1) substitute any person as a subcontractor in place
    of the subcontractor designated in the original bid; (2) permit any such subcontractor to be
    assigned or transferred, or allow any portion of the Work to be performed by anyone other that
    the original subcontractor listed in the bid; or (3) sublet or subcontract any portion of the Work in
    excess of one-half of one percent (1/2 of 1%) of the Contractor’s total bid as to which its original
    bid did not designate a subcontractor.

Article 8.      PROHIBITED INTERESTS

No official of the County that is authorized on behalf of the County to negotiate, make, accept, or
approve, or to take part in negotiating, making, accepting or approving any architectural,
engineering, inspection, construction or material supply contract or any subcontract in
connection with construction of Project, shall become directly or indirectly interested financially
in this Contract or in any part thereof. No officer, employee, attorney, or inspector for the
County who is authorized on behalf of the County to exercise any executive, supervisory or other
similar function in connection with construction of Project shall become directly or indirectly
interested financially in this Contract or in any part thereof. Contractor shall receive no
compensation and shall repay the County for any compensation received by Contractor
hereunder, if Contractor aids, abets or knowingly participates in the violation of this Article.

Article 9.      COUNTY’S INSPECTOR

(a) One or more inspector(s), including special inspectors, as required, will be employed and
    assigned to the Work by the County, in accordance with requirements of Title 24, Part 1, of
    the California Code of Regulations. Duties of an inspector are specifically defined in Part 1
    of Title 24.

(b) No work shall be carried on except with the knowledge and under the inspection of Inspector(s).
    Inspector(s) shall have free access to any or all parts of Work at any time. Contractor shall
    furnish Inspector reasonable opportunities for obtaining such information as may be necessary
    to keep Inspector fully informed regarding progress and manner of work and character of
    materials. Inspection of Work shall not relieve Contractor from any obligation to fulfill this
    Contract. Inspector shall be authorized to stop work whenever provisions of the Contract are
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     not being complied with and such noncompliance is discovered. Contractor shall instruct its
     employees accordingly.

(c) Contractor acknowledges that Inspector has no contractual duty to Contractor, express or
    implied, and that Contractor is not an intended beneficiary of the Inspector’s contract with the
    County.

Article 10.    NOT USED

Article 11.    NOT USED

Article 12.    NO ORAL AGREEMENTS

No oral agreement or conversation with any officer, agent, or employee of the County, either before
or after execution of Contract, shall affect or modify any of the terms or obligations contained in any
of the Contract Documents.

Article 13.    ASSIGNMENT OF ANTITRUST ACTIONS

(a) Section 4553 of the Government Code, in part, states:
    If an awarding body or public purchasing body receives, either through judgment or settlement,
    monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled
    to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the
    public body any portion of the recovery, including treble damages, attributable to overcharges
    that were paid by the assignor but were not paid by the public body as part of the bid price, less
    the expenses incurred in obtaining that portion of the recovery.

(b) Section 4554 of the Government Code, in part, states:
    Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
    reassign the cause of action assigned under this part if the assignor has been or may have been
    injured by the violation of law for which the cause of action arose and (a) the assignee has not
    been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

   Contractor, on behalf of itself and all of its subcontractors, agrees to assign to the County all
   rights, title, and interest in and to all such causes of action Contractor and/or its subcontractors
   may have hereunder. This assignment shall become effective at the time the County tenders final
   payment to the Contractor, and Contractor shall require assignments from all subcontractors in
   compliance herewith.

Article 14.    OTHER CONTRACTS

(a) The County reserves the right to employ other prime contractors to perform services for the
    County at the same time as Contractor, and the right to let other contracts in connection with this
    Work. Contractor shall afford other contractors reasonable opportunity for introduction and
    storage of their materials and execution of their work and shall properly coordinate and connect
    its work with that of such other contractors.
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(b) If any part of Contractor’s work depends for proper execution or results upon work of any
    subcontractor or any other contractor, the Contractor shall inspect and promptly report to the
    County in writing any defects in such work that render it unsuitable for such proper execution or
    results. Contractor will be held accountable for damages to the County for that work that it failed
    to inspect or should have inspected. Contractor’s failure to inspect and report shall constitute its
    acceptance of other contractor's work as fit and proper for reception of its work, except as to
    latent defects that may be discovered in the work of another contractor after the execution of
    Contractor’s work.

(c) To insure proper execution of its subsequent work, Contractor shall measure and inspect work
    already in place and shall at once report to the County in writing any discrepancy between
    executed work and Contract Documents.

(d) Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other
    contracts that have been or may be awarded by the County in prosecution of the Project to the
    end that Contractor may perform this Contract in light of such other contracts, if any.

(e) Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at
    site of Project. Contractor shall not cause any unnecessary hindrance or delay to any other
    contractor working on Project. If simultaneous execution of more than one Contract for the
    Project is likely to cause interference with performance of some other contract or contracts, the
    County shall decide which contractor shall cease or suspend work temporarily and which
    contractor shall continue or whether work can be coordinated so that contractors may proceed
    simultaneously.

(f) The County shall not be responsible for any damages suffered or extra costs incurred by
    Contractor resulting directly or indirectly from award or performance or attempted performance
    of any other contract or contracts on Project, or caused by any decision or omission of the
    County, or Construction Manager, if there is one, respecting the order of precedence in
    performance of contracts.

Article 15.     OCCUPANCY

The County reserves the right to occupy portions of the Project at any time before completion, and
such occupancy shall not constitute final acceptance of any portion of the Work or preclude the
assessment of liquidated damages after such occupancy. The Contractor will not be subject to
performing work or repairs caused by the County’s use of the occupied areas. Condition of areas to
be occupied by the County shall be mutually inspected by the County, Construction Manager (if
there is one), Architect, inspector, and Contractor. Such occupancy shall not extend the Contract
Time. The Contractor will be required to complete punch list items documented by the County,
Inspector, and Contractor prior to final payment.

Article 16.     COUNTY'S RIGHT TO DO WORK

Should the Contractor at any time during the process of construction, fail or refuse to furnish enough
materials or workmen to properly execute the Work, unless prohibited from so doing through the
action of the County or other authorized agents, the County, after giving five (5) working days
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written notice to Contractor, either directly or through the Construction Manager, if there is one, may
without prejudice to any other right it may have, proceed to furnish the materials and/or workers
necessary to proceed with or complete the Work and may deduct the cost thereof, together with
reasonable expenses arising from such procedure, from any amounts then due or that may thereafter
become due to Contractor.

Article 17.     COUNTY'S RIGHT TO TERMINATE OR SUSPEND CONTRACT

(a) If Contractor refuses or fails to execute the Work or any separable part thereof with such
    diligence as will insure its completion within the Contract Time or any extension thereof, or fails
    to complete said Work within such time, or if Contractor should file a petition for relief as a
    debtor, or should relief be ordered against Contractor as a debtor under Title 11 of the United
    States Code, or if Contractor should make a general assignment for the benefit of its creditors, or
    should a receiver be appointed on account of its insolvency, or if it should repeatedly refuse or
    should fail, except in cases for which extension of time is provided, to supply enough properly
    skilled workers or proper materials to complete the Work in the time specified, or persistently
    disregard laws or ordinances or instructions of the County, or if Contractor or its subcontractor
    should otherwise materially violate any provision of this Contract, then the County may, without
    prejudice to any other right or remedy, serve written notice upon Contractor and its Surety of the
    County’s intention to terminate this Contract, such notice to contain the reasons for such
    intention to terminate. Unless within ten (10) calendar days after the service of such notice such
    condition or violation shall cease and arrangement satisfactory to the County for the correction
    thereof be made, this Contract shall upon the expiration of said ten (10) calendar days, cease and
    terminate. In such case, Contractor shall not be entitled to receive any further payment until
    except as provided as herein.

(b) In the event of any such termination, the County shall immediately serve written notice thereof
    upon Surety and Contractor, and Surety shall have the right to take over and perform this
    Contract, provided, however, that if Surety does not give the County written notice of its
    intention to take over and perform this Contract within ten (10) calendar days after service upon
    it of said notice of termination and does not commence said performance on a timely basis
    acceptable to the County, the County may take over the Work and execute same to completion.
    The County may enter a contract with another contractor, or complete the Work by any other
    method it may deem advisable for the account and at the expense of Contractor, and Contractor
    and its Surety shall be liable to the County for any cost and/or other damages incurred by the
    County as a result of such termination, including without limitation, attorneys’ fees, all costs
    necessary to repair Contractor’s work not in compliance with the Contract Documents, and all
    costs necessary for the completion of the Work in excess of the Contract Price. Time is of the
    essence in this Contract, and therefore, Contractor and its Surety shall also be liable for any delay
    caused by such termination, consistent with the provisions of the Contract Documents pertaining
    to liquidated damages. If the County takes over the Work, as hereinabove provided, the County
    may, without liability for so doing, take possession of, and utilize in completing the Work, such
    materials, appliances, plant, and other property belonging to Contractor as may be on the site of
    the Work, in bonded storage, or previously paid for, and necessary thereof.

(c) If the unpaid balance of Contract Price exceeds the expense of finishing the Work, including, but
    not limited to, compensation for additional legal, architectural, managerial, inspection and
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    administrative services, such excess shall be paid to Contractor. If such expense shall exceed
    such unpaid balance, Contractor and/or surety shall pay the difference to the County, in addition
    to any other damages provided under this Contract and/or by law.

(d) The County may, without cause, order Contractor in writing to suspend, delay, or interrupt the
    Work in whole or in part for such period of time as the County may determine necessary. An
    adjustment shall be made for any actual, reasonable, and necessary increases in the cost of
    Contractor’s performance of the Contract caused by such suspension, delay or interruption
    unless: (1) that performance is, was or would have been so suspended, delayed or interrupted by
    another cause for which Contractor is responsible; or (2) that an equitable adjustment or claim is
    made or denied under another provision of the Contract.

(e) The County may, at any time and without cause, terminate the Contract for the County’s
    convenience. Upon receipt of written notice from the County of such termination for
    convenience, Contractor shall: (1) cease operations as directed in the notice; (2) take actions
    necessary, and such actions that the County may direct, for the protection and preservation of the
    Work; and (3) except for work directed to be performed prior to the effective date of termination
    stated in the notice, terminate all existing subcontracts and purchase orders and enter into no
    further subcontracts and purchase orders. In case of such termination for the County’s
    convenience under this provision, the Contractor shall be entitled to receive payment for work
    performed under this Contract, and actual, reasonable and necessary costs incurred by reason of
    such termination.

(f) If the Contract is terminated under Paragraph (a) of this Article, and it is subsequently determined
    for any reason that the Contractor was not in default under the provisions thereof, the termination
    shall be deemed a termination for convenience of the County under Paragraph (e) of this Article,
    and the rights of the Contractor and the County shall be determined in accordance with the
    provisions thereof.

(g) The foregoing provisions are cumulative to, and do not limit, any other rights or remedies
    available to the County.

Article 18.     CONTRACTOR'S RIGHT TO TERMINATE CONTRACT

If through no fault of Contractor, or of anyone employed by it, (1) the Work is stopped by order of
any court or governmental authority, other than the County, or (2) the County fails to issue payment
to Contractor within sixty (60) calendar days after it is due, then Contractor may, upon ten (10)
calendar days after service of written notice to the County, stop work or terminate the Contract.
Contractor’s damages shall be limited to direct, actual, and unavoidable additional costs of labor,
materials or equipment directly resulting from (2), above.

Article 19.     NOT USED

Article 20.     NOT USED
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Article 21.     FIRE INSURANCE

The Contractor shall be responsible for securing and maintaining fire insurance and any other
appropriate insurance covering any tool, equipment, or supplies that are expected to remain its
property.

Article 22.     PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

(a) Contractor shall procure and maintain during the life of this Contract such Comprehensive
    General Liability, Automobile Liability, and Public Liability Insurance as shall protect the
    Contractor, County, County’s officers, Construction Manager, agents, and employees from all
    claims for personal injury, including accidental death, to any person (including, the County, its
    officers, ,agents, and employees, Construction Manager’s employees and Contractor’s or
    subcontractor's employees), as well as from all claims for property damage arising from
    operations under this Contract, with minimum limits, coverage, and other terms set forth in the
    Special Conditions.

(b) Contractor shall require its subcontractors, if any, to procure and maintain similar
    Comprehensive General Liability, Automobile Liability, Public Liability and Property Damage
    Insurance with minimum limits, coverage, and other terms set forth in the Special Conditions, as
    required of Contractor.

Article 23.     WORKERS' COMPENSATION INSURANCE

(a) In accordance with the provisions of Section 3700 of the California Labor Code, the Contractor
    and every subcontractor shall be required to secure the payment of compensation to its
    employees.

(b) Contractor shall provide for the duration of this Contract, Workers’ Compensation Insurance and
    Employer’s Liability Insurance for all of its employees engaged in work under this Contract, on
    or at the site of the Project, and if any of its work is subcontracted, Contractor shall require the
    subcontractor similarly to provide such insurance for all of the latter's employees. Any class of
    employee or employees not covered by a subcontractor's insurance shall be covered by
    Contractor’s insurance. In case any class of employees engaged in work under this Contract, on
    or at the site of the Project, is not protected under the Workers' Compensation Statute, Contractor
    shall provide or shall cause a subcontractor to provide adequate insurance coverage for the
    protection of such employees not otherwise protected before subcontractor commences work.
    Contractor shall file with the County certificate of its insurance protecting Workers, and a thirty
    (30) day notice shall be provided to the County before the cancellation or reduction of any policy
    of Contractor or subcontractor.

Article 24.     PROOF OF CARRIAGE OF INSURANCE

(a) Contractor shall not commence work nor shall it allow any subcontractor to commence work
    under this Contract until all required insurance and certificates have been obtained and delivered
    in duplicate to the County, and approved by the County.
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(b) Certificates and insurance policies shall include the following:

    1. A clause stating the following: "This policy shall not be canceled or reduced in required limits
       of liability or amounts of insurance until notice has been mailed to the County and
       Construction Manager, if there is one, stating date of cancellation or reduction. Date of
       cancellation or reduction may not be less than thirty (30) calendar days after date of mailing
       notice."

    2. Language stating in particular those insured, extent of insurance, location and operation to
       which insurance applies, expiration date, to whom cancellation and reduction notice will be
       sent, and length of notice period.

    3. A clause stating that the County and Construction Manager, if there is one, are named
       additional insured under the policy described and that such insurance policy shall be primary
       to any insurance or self-insurance maintained by the County.

(c) If Contractor fails to pay premiums for coverage required by the Contract Documents to any of
    its insurers in a timely manner, the County reserves the right, at its sole discretion, to elect to pay
    all future premiums and to deduct those amounts from payments due or to become due to
    Contractor.

Article 25.     PLANS AND SPECIFICATIONS

(a) Contract Documents are complementary, and what is called for in one provision, or illustrated in
    a drawing, shall be binding as if called for or illustrated by all.

(b) Materials or work described in words that have a well-known technical or trade meaning shall be
    deemed to refer to such meanings.

(c) Whenever a material, article or piece of equipment is referred to in the Contract Documents by
    brand name or catalogue number, it shall be understood that this is referenced for the purpose of
    defining the performance or other salient requirements and that other products of equal
    capacities, quality and function shall be considered. The Contractor may recommend the
    substitution of a material, article, or piece equipment of equal substance and function to those
    referred to in the Contract Documents by reference to brand name or catalogue number, and if, in
    the opinion of the County, such material, article, or piece of equipment is of equal substance and
    function to that specified, the County may approve its substitution and use by the Contractor in
    accordance with Section 3400 of the Public Contract Code. The Contractor warrants that if
    substitutes are approved, no major changes in the function or general design of the Project will
    result. Incidental changes or extra component parts required to accommodate the substitute will
    be made by the Contractor without a change in the Contract Price or contractual completion date.

    In accordance with Section 3400 of the Public Contract Code, the Contractor shall submit data to
    the County substantiating requests for substitution of "equal" items at least ten (10) calendar days
    prior to bid opening.
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(d) Trade Name or Trade Term: It is not the intention of this Contract to detail the description of any
    materials and/or methods commonly known to the trade under "trade name" or "trade term." The
    mere mention or notation of such "trade name" or "trade term" shall be considered a sufficient
    notice to Contractor that it will be required to complete, finish and render operable the referenced
    work, including any and all appurtenances and incidental and accessory items to same, consistent
    with the best practices of all trade(s) involved.

(e) The naming of any material and/or equipment shall mean furnishing and installing of same,
    including all incidental and accessory items thereto and/or labor therefore, as per best practices of
    the trade(s) involved, unless specifically noted otherwise.

(f) Interpretations: Figured dimensions on plans shall govern, but work not dimensioned shall be the
    same as similar parts that are shown or specified. Large scale details shall take precedence over
    smaller scale drawings as to shape and details of construction. Specifications shall govern as to
    materials, workmanship, and installation procedures. Plans and specifications are intended to be fully
    cooperative and to agree. In case of conflict, the specification calling for the higher quality, material
    or workmanship shall prevail. If Contractor observes that plans and specifications are in conflict,
    however, Contractor shall promptly notify the County in writing, and any necessary changes shall be
    adjusted as provided in the Article 68, entitled "Changes and Extra Work."

(g) Specifications and accompanying plans are intended to delineate and describe the Project and its
    component parts to such a degree as will enable skilled and competent contractors and
    subcontractors to intelligently bid upon the Work, and to carry said Work to a successful and
    complete conclusion.

(h) Plans and specifications are intended to comply with all laws, ordinances, rules and regulations
    of constituted authorities having jurisdiction, and where referred to in the Contract Documents,
    said laws, ordinances, rules and regulations shall be considered as a part of the Contract, within
    the limits specified. Contractor shall bear all expense of correcting work done contrary to said
    laws, ordinances, rules and regulations, if (1) Contractor or subcontractor knew or should have
    known that the work as performed is contrary to said laws, ordinances, rules and/or regulations
    and if Contractor performed same without first consulting the County for further instructions
    regarding said work or (2) if Contractor or subcontractor disregarded the County’s instructions
    regarding said work.

(i) Questions regarding interpretation of plans and specifications shall be clarified by the County in
    writing. Should Contractor commence work, or any part thereof, without seeking clarification,
    Contractor waives any claim for extra work or damage as a result of any ambiguity, conflict or
    lack of information.

(j) Contractor will be furnished, free of charge, 6 copies of plans and specifications. Additional
    copies may be obtained at cost of reproduction.

Article 26.     OWNERSHIP OF PLANS

All copies of plans, drawings, designs, specifications, and copies of other incidental architectural and
engineering work, or copies of other Contract Documents furnished by the County, are and remain
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the property of the County. They are not to be used by Contractor in any other work and, with the
exception of signed sets of Contract Documents, are to be returned to the County upon request at the
completion of Work or in the event of termination. Further, the plans and specifications may be used
by the County, as it may require, without any additional cost to the County.

Article 27.     DETAIL DRAWINGS AND INSTRUCTIONS

a)    In case of ambiguity, conflict, or lack of information, the County shall furnish additional
     instructions by means of drawings or otherwise, necessary for proper execution of Work. All
     such drawings and instructions shall be consistent with Contract Documents, true developments
     thereof, and reasonably inferable therefrom.
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(b) Work shall be executed in conformity with Contract Documents, and any additional instructions
    pursuant to Paragraph (a), above. Contractor shall do no work without proper drawings and
    instructions.

(c) Should any detail be more expensive, in the opinion of Contractor, than scale drawings and
    specifications warrant, Contractor shall give written notice thereof to the County within five (5)
    calendar days of the receipt of same. In case notice is not given to the County within five (5)
    calendar days, it will be assumed the details are a reasonable development of the scale drawings.
    In case notice is given, then the claim will be considered, and if found justified, the County will
    either modify the drawings or issue a change order for the extra work involved.

(d) All parts of the described and shown construction shall be of the best quality of their respective
    kinds and Contractor is hereby advised to use all diligence to become fully involved as to the
    required construction and finish, and in no case to proceed with the different parts of the Work
    without obtaining first from the County such directions and/or drawings as may be necessary for
    the proper performance of the Work.

(e) If it is found at any time, before or after completion of the Work, that Contractor has varied from
    the plans and/or specifications, in material, quality, form or finish, or in the amount or value of
    the materials and labor used, the County shall make a recommendation: (1) that all such
    improper work should be removed, remade or replaced, and all work disturbed by these changes
    be made good at Contractor’s expense; or (2) that the County deduct from any amount due
    Contractor, the sum of money equivalent to the difference in value between the work performed
    and that called for by the plans and specifications. The County shall determine such difference in
    value. The County, at its option, may pursue either course.

Article 28.     NOT USED

Article 29.     LAYOUT AND FIELD ENGINEERING

The Contractor shall be responsible for having ascertained pertinent local conditions such as location,
accessibility and general character of the site and for having satisfied itself as to the conditions under
which the Work is to be performed. No claim for allowances because of its error or negligence in
acquainting itself with the conditions at the site will be recognized.

Article 30.     SOILS INVESTIGATION REPORT

When a soils investigation report obtained from test holes at site is available, such report shall not be
a part of this Contract. Any information obtained from such report or any information given on
drawings as to subsurface soil condition or to elevations of existing grades or elevations of
underlying rock is approximate only, is not guaranteed, does not form a part of Contract, and
Contractor may not rely thereon. Contractor is required to make visual examination of site and must
make whatever tests Contractor deems appropriate to determine underground condition of soil.
Contractor agrees that no claim against the County will be made by Contractor for damages and
hereby waives any rights to damage in the event that during progress of Work Contractor encounters
subsurface or latent conditions at site materially differing from those shown on drawings or indicated
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in specifications, or for unknown conditions of an unusual nature that differ materially from those
ordinarily encountered in the Work of the character provided for in Contract, except as provided in
the Article 44, entitled "Existing Utility Lines; Removal, Restoration".

Article 31.     TESTS AND INSPECTIONS

(a) Tests and inspections will comply with Title 24, Part 1, California Code of Regulations, Group
    1, Article 5, Section 4-335.

(b) The County will select an independent testing laboratory to conduct the tests. Selection of the
    materials required to be tested shall be by the laboratory or the County’s representative and not
    by the Contractor. The Contractor shall notify the County’s representative a sufficient time in
    advance of its readiness for required observation or inspection.

(c) The Contractor shall notify the County’s representative a sufficient time in advance of the
    manufacture of material to be supplied under the Contract, which must by the terms of the
    Contract be tested in order that the County may arrange for the testing of same at the source of
    supply.

(d) Any material shipped by the Contractor from the source of supply prior to having satisfactorily
    passed such testing and inspection or prior to the receipt of notice from the County’s
    representative that such testing and inspection will not be required shall not be incorporated in
    the job.

(e) The County will select and pay testing laboratory costs for all tests and inspections. Costs of
    tests of any materials found not to be in compliance with the Contract shall be paid for by the
    County and reimbursed by the Contractor.

Article 32.     NOT USED

Article 33.     VERIFICATION OF TEST REPORTS

Each testing agency shall submit to the Division of the State Architect a verified report in duplicate
covering all of the tests that are required to be made by that agency during the progress of the
Project. A report shall be furnished each time that work on the Project is suspended, covering the
tests up to that time, and at the completion of the Project, covering all tests.

Article 34.     TRENCHES

(a) In accordance with Labor Code Section 6705, if Contract Price exceeds twenty-five thousand
    dollars ($25,000) and involves the excavation of any trench or trenches five (5) feet or more in
    depth, Contractor shall, in advance of excavation, submit to the County or a registered civil or
    structural engineer employed by the County a detailed plan showing the design or shoring,
    bracing, sloping or other provisions to be made for workers' protection from the hazard of caving
    ground during the excavation of such trench or trenches. If such plan varies from the shoring
    system standards established by the Construction Safety Orders, the Contractor shall submit a
    plan prepared by a registered civil or structural engineer, but in no case shall plan be less
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   effective than that required by the Construction Safety Orders. No excavation of such trench or
   trenches shall be commenced until the plan has been accepted by the County or the person to
   whom authority to accept has been delegated by the County.

(b) Public Contract Code Section 7104, in relevant part, provides:

   Any public works contract of a local public entity which involves digging trenches or other
   excavations that extend deeper than four feet below the surface shall contain a clause which
   provides the following:

   That the contractor shall promptly, and before the following conditions are disturbed, notify the
   public entity, in writing, of any:

   (1) Material that the contractor believes may be material that is hazardous waste, as defined in
       Section 25117 of the Health and Safety Code, that is required to be removed to a Class I,
       Class II, or Class III disposal site in accordance with provisions of existing law.

   (2) Subsurface or latent physical conditions at the site differing from those indicated.

   (3) Unknown physical conditions at the site of any unusual nature, different materially from
       those ordinarily encountered and generally recognized as inherent in work of the character
       provided for in the contract.

   That the public entity shall promptly investigate the conditions, and if it finds that the conditions
   do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the
   contractor's cost of, or the time required for, performance of any part of the work shall issue a
   change order under the procedures described in the contract.

   That, in the event that a dispute arises between the public entity and the contractor whether the
   conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the
   contractor's cost of, or time required for, performance of any part of the work, the contractor shall
   not be excused from any scheduled completion date provided for by the contract, but shall
   proceed with all work to be performed under the contract. The contractor shall retain any and all
   rights provided either by contract or by law which pertain to the resolution of disputes and
   protests between the contracting parties.

Article 35.    DOCUMENTS ON WORK

Contractor shall keep on the job site at all times one legible copy of all Contract Documents,
including addenda and change orders, and Titles 19 and 24 of the California Code of Regulations, the
latest edition of the Uniform Building Code, all approved drawings, plans, schedules and
specifications, record drawings (as set forth below), MSDS sheets (as set forth under Article 81,
entitled, “Material Safety Data Sheets (MSDS)”)and all codes and documents referred to in the
specifications, and made part thereof. Said documents shall be kept in good order and available to
the County, the County’s representatives, and all authorities having jurisdiction over the Project.
Contractor shall be acquainted with and comply with the provisions of said Titles as they relate to
this Project. (See particularly the duties of Contractor, Title 24, Part 1, California Code of
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Regulations, Section 4-343.) Contractor shall also be acquainted with and comply with all California
Code of Regulations provisions relating to conditions on this Project, particularly Titles 8 and 17.

Article 36.     STATE AUDIT

In accordance with the provisions of Government Code Section 10528, or any amendments thereto,
all books, records, and files of the County, Contractor, or any subcontractor connected with the
performance of this Contract involving the expenditure of state funds in excess of ten thousand
dollars ($10,000.00), including, but not limited to, the administration thereof, shall be subject to the
examination and audit of the Office of the Auditor General of the State of California and the County
for a period of three (3) years after final payment is made under this Contract. Contractor shall
preserve and cause to be preserved such books, records and files for the audit period.

Article 37.     NOT USED

Article 38.     NOT USED

Article 39.     NOT USED

Article 40.     MATERIALS AND WORK

(a) Except as otherwise specifically stated in this Contract, Contractor shall provide and pay for all
    materials, labor, tools, equipment, transportation, superintendence, temporary constructions of
    every nature, and all other services and facilities of every nature whatsoever necessary to execute
    and complete this Work within the specified time.

(b) Unless otherwise specified, all materials shall be new and the best of their respective kinds and
    grades as noted or specified, and workmanship shall be of good quality.

(c) Materials shall be furnished in ample quantities and at such times as to insure uninterrupted
    progress of Work and shall be stored properly and protected as required.

(d) For all materials and equipment specified or indicated in the plans, the Contractor shall provide
    all labor, materials, equipment, and services necessary for complete assemblies and complete
    working systems. Incidental items not indicated in plans, nor mentioned in the specifications,
    that can legitimately and reasonably be inferred to belong to the Work described, or are necessary
    in good practice to provide a complete assembly or system, shall be furnished as though itemized
    within the Contract in every detail. In all instances, material and equipment shall be installed in
    strict accordance with each manufacturer's most recent published recommendations and
    specifications.

(e) Contractor shall, after award of Contract by the County, place orders for materials and/or
    equipment as specified so that delivery of same may be made without delays to the Work.
    Contractor shall, upon demand from the County, furnish to the County documentary evidence
    showing that orders have been placed.
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(f) The County reserves the right, for any failure in complying with the above instructions, to place
    orders for such materials and/or equipment as it may deem advisable so that the Work may be
    completed at the date specified in the Agreement, and all expenses incidental to the procuring of
    said materials and/or equipment shall be paid for by Contractor.

(g) No material, supplies, or equipment for Work under this Contract shall be purchased subject to
    any chattel by which an interest therein or in any part thereof is retained by seller or supplier.
    Contractor warrants good title to all material, supplies, and equipment installed or incorporated in
    Work and agrees upon completion of all Work to deliver premises, together with all
    improvements and appurtenances constructed or placed there on by it, to the County free from
    any claims, liens, or charges. Contractor further agrees that neither it nor any person, firm, or
    corporation furnishing any materials or labor for any work covered by the Contract shall have
    any right to lien upon premises or any improvement or appurtenance thereon, except that
    Contractor may install metering devices or other equipment of utility companies or of political
    subdivision, title to which is commonly retained by utility company or political subdivision. In
    the event of installation of any such metering device or equipment, Contractor shall advise the
    County as to the owner thereof.

(h) Nothing contained in this Article, however, shall defeat or impair the rights of persons furnishing
    materials or labor under any bond given by Contractor for their protection or any rights under any
    law permitting such protection or any rights under any law permitting such persons to seek funds
    due the Contractor from and in the possession of the County, and this provision shall be inserted
    in all subcontracts and material contracts and notice of its provisions shall be given to all persons
    furnishing material for Work when no formal contract is entered into for such material.

(i) The title to new materials and/or equipment for the Work of this Contract and attendant liability
    for its protection and safety, shall remain with Contractor until incorporated in the Work of this
    Contract and accepted by the County; no part of said materials and/or equipment shall be
    removed from its place of storage except for immediate installation in the Work of this Contract;
    and Contractor shall keep an accurate inventory of all said materials and/or equipment in a
    manner satisfactory to the County or its authorized representative.

Article 41.     INTEGRATION OF WORK

(a) Contractor shall do all cutting, fitting, patching, and preparation of work as required to make its
    several parts come together properly, and fit it to receive or be received by work of other
    contractors showing upon, or reasonably implied by, the plans and specifications for the
    completed structure, and shall make good after them as the County may direct.

(b) All cost caused by defective or ill-timed work shall be borne by Contractor.

(c) Contractor shall not endanger any work by cutting, excavating, or otherwise altering work and
    shall not cut or alter work of any other contractor without the written consent of the County.
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Article 42.     OBTAINING OF PERMITS, LICENSES AND EASEMENTS

(a) Before the date of the commencement of the Work or before they are legally required to continue
    the Work without interruption, all permits, licenses, and certificates necessary for prosecution of
    Work shall be secured and paid for by Contractor, unless otherwise specified. The Contractor,
    acting in the name of the County, shall obtain and pay, only where legally required, for all
    licenses and permits, inspections and inspection certificates, required to be obtained of or made
    by any authority having jurisdiction over any part of the Work included in the Contract. All such
    permits, licenses, and certificates shall be delivered to the County before demand is made for the
    certificate of final payment. Contractor shall, and shall require subcontractors to, maintain
    contractor's licenses in effect as required by law.

(b) Easements for permanent structures or permanent changes in existing facilities shall be secured
    and paid for by the County, unless otherwise specified.

Article 43.     SURVEYS

Surveys to determine location of property lines and corners will be supplied by the County. Surveys
to determine locations of construction, grading, and site work shall be provided by Contractor
requiring the same.

Article 44.     EXISTING UTILITY LINES; REMOVAL, RESTORATION

(a) Pursuant to Government Code Section 4215, the County assumes the responsibility for removal,
    relocation, and protection of utilities located on the construction site at the time of
    commencement of construction under this Contract with respect to any such utility facilities that
    are not identified in the plans and specifications. Contractor shall not be assessed liquidated
    damages for delay in completion of the Project caused exclusively by failure of the County to
    provide for removal or relocation of such utility facilities. Locations of existing utilities provided
    by the County shall not be considered exact, but approximate within reasonable margin, and shall
    not relieve Contractor of responsibilities to exercise reasonable care nor costs of repair due to
    Contractor’s failure to do so. The County shall compensate Contractor for the costs of locating
    and repairing damage not due to the failure of Contractor to exercise reasonable care, and
    removing or relocating utility facilities not indicated in the plans and specifications with
    reasonable accuracy, and for equipment actually and necessarily idle during such work.

(b) This Article shall not be construed to preclude assessment against Contractor for any other delays
    in completion of the Work. Nothing in this Article shall be deemed to require the County to
    indicate the presence of existing service lateral or appurtenances whenever the presence of such
    utilities on the site of the Project can be inferred from the presence of other visible facilities, such
    as buildings, meter junction boxes, on or adjacent to the site of the construction.

(c) If Contractor, while performing work under this Contract, discovers utility facilities not identified
    by the County in the Contract’s plans and specifications, Contractor shall immediately notify the
    County and the utility company in writing. The cost of repair for damage to above mentioned
    visible facilities without prior written notification to the County shall be borne by the Contractor.
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Article 45.     WORK TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS

Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing
on conduct of Work as indicated and specified, including but not limited to the appropriate statutes
and Code of Regulations Sections. If Contractor observes that plans and specifications are at
variance therewith, or should Contractor become aware of the development of conditions not covered
by Contract Documents that will result in finished Work being at variance therewith, Contractor shall
promptly notify the County in writing and any changes deemed necessary by the County shall be
adjusted as provided in Contract for changes in Work. If Contractor performs any work that it knew,
or through exercise of reasonable care should have known, to be contrary to such laws, ordinances,
rules or regulations, without such notice to the County, Contractor shall bear all costs arising
therefrom.

Where specifications or plans state that materials, processes, or procedures must be approved by the
Division of the State Architect, State Fire Marshal, or other body or agency, Contractor shall be
responsible for satisfying requirements of such bodies or agencies.

Article 46.     ACCESS TO WORK

The County, its representatives, and the Division of the State Architect shall at all times have access
to the Work. Contractor shall provide safe and proper facilities for such access so that the County’s
representatives may perform their functions.

Article 47.     PAYMENTS BY CONTRACTOR

Contractor shall pay:

(a) For all transportation services and utilities not later than the twentieth (20th) day of the calendar
month following that in which such services are rendered or provided;

(b) For all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of
the cost thereof, not later than the twentieth (20th) day of the calendar month following that in which
such materials, tools, and equipment are delivered at site of Project and balance of cost thereof not
later than the thirtieth (30th) day following completion of that part of work in/on which such
materials, tools, and equipment are incorporated or used; and

(c) To each of its subcontractors, not later than the fifth day following each payment to Contractor;
the respective amounts allowed Contractor on account of work performed by respective
subcontractor to the extent of such subcontractor's interest therein.

Article 48.     LIENS

(a) Contractor agrees that as part of each payment application it will submit to the County a complete
    set of Civil Code Section 3262 waivers and releases showing the payments that have been made
    for materials and labor used in connection with the Work.
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(b) If a lien or stop notice of any nature is filed against the Work and/or any the County property by
    an entity that has supplied material or services at the request or for Contractor, Contractor shall
    promptly, on demand of the County and at Contractor’s own expense, take any and all action
    necessary to cause any such lien or stop notice to be released or discharged immediately, or
    secure and file a security bond covering one hundred twenty five percent (125%) of the amount
    of such lien or stop notice, irrespective of whether Contractor is enforcing Contract compliance
    by the subcontractor.

(c) If Contractor fails to furnish to the County within ten (10) calendar days after demand by the
    County satisfactory evidence that a lien or stop notice has been so released, discharged, or
    secured, then the County may discharge such indebtedness, by whatever means reasonably
    necessary, and deduct the amount required therefore, together with any and all losses, costs,
    damages, and attorneys’ fees and expenses incurred or suffered by the County from any sum
    payable to Contractor under the Contract.

(d) Contractor shall, at its own cost, defend, indemnify and hold harmless the County, its officers,
    agents and employees from and against any and all liability, damages, losses, claims, demands,
    actions, and costs, including attorneys’ fees and expenses, arising from or attributable to a lien or
    stop notice filed and/or served in connection with the Work.

Article 49.     MUTUAL RESPONSIBILITY OF CONTRACTOR

If Contractor or any of its subcontractors or employees cause loss or damage to any separate
contractor on the Work, Contractor agrees to settle with such separate contractor by agreement, if the
subcontractor or employee will so settle, or by arbitration. If such subcontractor sues the County, on
account of any loss so sustained, the County shall notify Contractor, who shall indemnify and save
harmless the County against any expenses or judgment arising therefrom.

Article 50.     NOT USED

Article 51.     UTILITIES

(a) All utilities, including but not limited to electricity, water, gas, and telephone, used on Work shall
    be furnished and paid for by Contractor. Contractor shall furnish and install necessary temporary
    distribution systems, including meters, if necessary to carry on the Work. Upon completion of
    Work, Contractor shall remove all temporary distribution systems.

(b) If Contract is for an addition to an existing facility, Contractor may, with written permission of
    the County, use the County’s existing utilities.

Article 52.     SANITARY FACILITIES

Contractor, at its own cost, shall provide temporary sanitary facilities in no fewer numbers than
required by law and such additional facilities as may be directed by the Inspector for the use of all
workers. The facilities shall be maintained in a sanitary condition at all times and shall be left at the
site until removal is directed by the Inspector. Use of toilet facilities in the Work under construction
shall not be permitted except by consent of the Inspector.
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Article 53.    CLEANING UP

Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess
materials and equipment caused by the Work. Contractor shall not leave debris under, in, or about
the premises, but shall promptly remove same from the premises on a daily basis. If Contractor fails
to clean up, the County may do so and the cost thereof shall be charged to Contractor. If Contract is
for an addition to an existing facility, Contractor shall perform specific clean up on or about the
premises upon request by the County as it deems necessary for the continuing education process. In
such instance, the Contractor shall comply within 24 hours after which time the County may do so
and the cost thereof shall be borne by the Contractor.

Article 54.    PATENTS, ROYALTIES, INDEMNITIES, AND TAXES

Contractor shall hold and save the County and its officers, agents, and employees harmless from
liability of any nature or kind, including cost and expense, for or on account of any patented or un-
patented invention, process, article, or appliance manufactured or used in the performance of this
Contract, including its use by the County, unless otherwise specifically provided in the Contract
Documents, unless such liability arises from the sole negligence, or willful misconduct of the
County. Contractor shall pay all applicable federal, state and local sales taxes and all other taxes
pertaining to the Work involved in this Contract.

Article 55.    GUARANTEE

(a) In addition to guarantees required elsewhere, Contractor shall, and hereby does guarantee against
    all defects for a period of one year after the recordation of the Notice of Completion, and shall
    repair or replace any and all such work, together with any other work, that may be displaced in so
    doing, that may prove defective in workmanship and/or materials within a one (1) year period
    from the date of recordation without expense whatsoever to the County, ordinary wear and tear,
    unusual abuse or neglect excepted. The County will give notice of observed defects to
    Contractor with reasonable promptness. Contractor shall notify the County upon completion of
    such repairs or replacement.

(b) In the event of failure of Contractor or Surety to commence and pursue with diligence said
    replacements or repairs within ten (10) calendar days after being notified in writing, the County
    is hereby authorized to proceed to have defects repaired and made good at expense of Contractor
    and Surety, each who hereby agree to pay costs and charges thereof immediately on demand.

(c) If, in the opinion of the County, defective work creates a dangerous condition or requires
    immediate correction or attention to prevent further loss to the County, or to prevent interruption
    of operations of the County, the County will attempt to give the notice required by this Article. If
    Contractor or Surety cannot be contacted or neither complies with the County’s request for
    correction within a reasonable time, as determined by the County, the County may,
    notwithstanding the provisions of this Article, proceed to make such correction or provide such
    attention and the costs of such correction or attention shall be charged against Contractor and
    Surety of the guarantees provided in this Article or elsewhere in this Contract.
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(d) This Article does not in any way limit the guarantees on any items for which a longer guarantee
    is specified or on any items for which a manufacturer gives a guarantee for a longer period.
    Contractor shall furnish to the County all appropriate guarantee or warranty certificates upon
    completion of the Project or upon request by the County.

(e) All guarantees required under this Article shall be in writing on the Guarantee form included in
    the Contract Documents.

(f) Nothing herein shall limit any other rights or remedies available to the County.

Article 56.     DUTY TO PROVIDE FIT WORKERS

(a) Contractor and subcontractor(s) shall at all times enforce strict discipline and good order among
    their employees and shall not employ or work any unfit person or anyone not skilled in work
    assigned to such person. It shall be the responsibility of Contractor to ensure compliance with
    this Article.

(b) Any person in the employ of Contractor or subcontractors whom the County may deem
    incompetent or unfit shall be excluded from the Work site and shall not again be employed on it
    except with written consent of the County.

Article 57.     WAGE RATES, TRAVEL AND SUBSISTENCE

(a) Pursuant to the provisions of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division
    2 of the Labor Code, the governing body of the County has obtained the general prevailing rate
    of per diem wages and the general prevailing rate for holiday and overtime work in the locality in
    which this public work is to be performed for each craft, classification or type of worker needed
    to execute this Contract from the Director of the Department of Industrial Relations (hereinafter,
    in this Article, "Director"). These rates are on file with the Facilities Department of the County
    and copies will be made available to any interested party on request. Contractor shall obtain and
    post a copy of such wage rates at the job site.

(b) Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and
    one-half times the above specified rate of per diem wages, unless otherwise specified. Holidays
    shall be as defined in the Collective Bargaining Agreement applicable to each particular craft,
    classification or type of worker employed under Contractor.

(c) Contractor shall pay and shall cause to be paid each Worker engaged in Work on the Project not
    less than the general prevailing rate of per diem wages determined by the Director, regardless of
    any contractual relationship which may be alleged to exist between Contractor or any
    subcontractor and such workers.

(d) Contractor shall pay and shall cause to be paid to each Worker needed to execute the Work on
    the Project, travel and subsistence payments, as such travel and subsistence payments are defined
    in the applicable collective bargaining agreements filed with the Department of Industrial
    Relations in accordance with Labor Code Section 1773.8.
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(e) If during the period this bid is required to remain open, the Director of Industrial Relations
    determines that there has been a change in any prevailing rate of per diem wages in the locality in
    which the Work under Contract is to be performed, such change shall not alter the wage rates in
    the Notice to Contractors or the Contract subsequently awarded.

(f) Pursuant to Labor Code Section 1775, Contractor shall as a penalty to the County, forfeit the
    amount required for each calendar day, or portion thereof, for each Worker paid less than the
    prevailing rates determined by the Director, for such Work or craft in which such Worker is
    employed for any public work done under contract by Contractor or by any subcontractor under
    it. The difference between such prevailing wage rates and the amount paid to each Worker for
    each calendar day or portion thereof for which each Worker was paid less than the prevailing
    wage rate shall be paid to each Worker by Contractor.

(g) Any Worker employed to perform Work on the Project, which work is not covered by any
    classification listed in the general prevailing wage rate of per diem wages determined by the
    Director shall be paid not less than the minimum rate of wages specified therein for the
    classification which most nearly corresponds to work to be performed by him, and such
    minimum wage rate shall be retroactive to time of initial employment of such person in such
    classification.

(h) Pursuant to Labor Code Section 1773.1, per diem wages are deemed to include employer
    payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided
    for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by
    Section 3093, and similar purposes.

(i) Contractor shall post at appropriate conspicuous points on the site of Project, a schedule showing
    all determined minimum wage rates and all authorized deductions, if any, from unpaid wages
    actually earned.

Article 58.    HOURS OF WORK

(a) As provided in Article 3, (commencing at Section 1810), Chapter 1, Part 7, Division 2 of the
    Labor Code, eight (8) hours of labor shall constitute a legal day’s work. The time of service of
    any worker employed at any time by Contractor or by any subcontractor on any subcontract
    under this Contract upon the work or upon any part of the work contemplated by this Contract
    shall be limited and restricted by Contractor to eight (8) hours per day, and forty (40) hours
    during any one week, except as hereinafter provided. Notwithstanding the provisions
    hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours
    per day, and forty (40) hours during any one week, shall be permitted upon this public work upon
    compensation for all hours worked in excess of such hours at not less than one and one-half times
    the basic rate of pay.

(b) Contractor shall keep and shall cause each subcontractor to keep an accurate record showing the
    name of and actual hours worked each calendar day and each calendar week by each Worker
    employed by Contractor in connection with the Work or any part of the Work contemplated by
    this Contract. The record shall be kept open at all reasonable hours to the inspection of the
    County and to the Division of Labor Law Enforcement, Department of Industrial Relations of the
    State of California.
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(c) Pursuant to Labor Code Section 1813, Contractor shall pay to the County a penalty in the amount
    required by law for each Worker employed in the execution of this Contract by Contractor or by
    any subcontractor for each calendar day during which such Worker is required or permitted to
    work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar
    week in violation of the provisions of Article 3 (commencing at Section 1810), Chapter 1, Part 7,
    Division 2 of the Labor Code.

(d) Any Work necessary to be performed after regular working hours, or on Sundays or other
    holidays shall be performed without additional expense to the County.

Article 59.     PAYROLL RECORDS

(a) Pursuant to the provisions of Section 1776 of the Labor Code, Contractor shall keep and shall
    cause each subcontractor performing any portion of the work under this Contract to keep an
    accurate payroll record, showing the name, address, social security number, work classification,
    straight time and overtime hours worked each day and week, and the actual per diem wages paid
    to each journeyman, apprentice, worker, or other employee employed by Contractor in
    connection with the Work.

(b) The payroll enumerated under subdivision (a) shall be certified and shall be available for
    inspection at all reasonable hours at the principle office of Contractor on the following basis:

    1. A certified copy of an employee's payroll record shall be made available for inspection or
       furnished to the employee or his/her authorized representative on request.

    2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available
       for inspection or furnished upon request to a representative of the County, Division of Labor
       Standards Enforcement, and Division of Apprenticeship Standards of the Department of
       Industrial Relations.

    3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available
       upon request by the public for inspection or copies thereof made; provided, however, that a
       request by the public shall be made through either the body awarding Contract, Division of
       Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested
       payroll records have not been provided pursuant to paragraph (2), the requesting party shall,
       prior to being provided the records reimburse the costs of preparation by Contractor,
       subcontractors, and the entity through which the request was made. The public shall not be
       given access to the records at the principal office of Contractor.

    4. The form of certification shall be as follows: I,
                                                                (name-print)
        the undersigned, am
                                            (position in business)

        with the authority to act for and on behalf of
                                                      (name of business and/or contractor),
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        certify under penalty of perjury that the records or copies thereof submitted and consisting

        of
                        (description, number of pages)

        are the originals or true, full and correct copies of the originals which depict the payroll
        record(s) of actual disbursements by way of cash, check or whatever form to the individual or
        individuals named.

        Date:                   Signature

(c) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the
    entity that requested the records within ten (10) working days after receipt of a written request.

(d) Any copy of records made available for inspection as copies and furnished upon request to the
    public or any public agency by the County, Division of Apprenticeship Standards, or Division of
    Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent
    disclosure of an individual's name, address, and social security number. The name and address of
    contractor awarded Contract or performing Contract shall not be marked or obliterated.

(e) Contractor shall inform the County of the location of the records enumerated under subdivision
    (a), including the street address, city and county, and shall, within five (5) working days, provide
    a notice of a change of location and address.

(f) In the event of noncompliance with the requirements of this Section, Contractor shall have ten
    (10) working days in which to comply after receipt of written notice specifying in what respects
    Contractor must comply with this Section. Should noncompliance still be evident after the ten
    (10) working day period, Contractor shall, as a penalty to the County, forfeit the amount required
    by law for each calendar day, or portion thereof, for each Worker, until strict compliance is
    effectuated. Upon the request of Division of Apprenticeship Standards or Division of Labor
    Standards Enforcement, these penalties shall be withheld from progress payments then due.

(g) It shall be the responsibility of Contractor to ensure compliance with the provisions of Labor
    Code Section 1776.

Article 60.     APPRENTICES

(a) Contractor acknowledges and agrees that, if this Contract involves a dollar amount or a number
    of working days greater than that specified in Labor Code Section 1777.5, thirty thousand dollars
    ($30,000) and/or twenty (20) days, this Contract is governed by the provisions of Labor Code
    Section 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article
    and with Labor Code Section 1777.5 for all apprenticeship occupations.

(b) Apprentices of any crafts or trades may be employed and, when required by Labor Code Section
    1777.5, shall be employed, provided they are properly registered in full compliance with the
    provisions of the Labor Code.
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(c) Every such apprentice shall be paid the standard wage paid to apprentices under the regulations
    of the craft or trade at which he is employed, and shall be employed only at the work of the craft
    or trade to which he is registered.

(d) Only apprentices, as defined in Labor Code Section 3077, who are in training under
     apprenticeship standards and written apprentice agreements under Chapter 4 (commencing at
     Section 3070), Division 3 of the Labor Code, are eligible to be employed. The employment and
     training of each apprentice shall be in accordance with the provisions of the apprenticeship
     standards and apprentice agreements under which he is training.

(e) Pursuant to Labor Code Section 1777.5, if that Section applies to this Contract as indicated
     above, Contractor and any subcontractors employing workers in any apprentice-able craft or
     trade in performing any work under this Contract shall apply to the applicable joint
     apprenticeship committee for a certificate approving the Contractor or subcontractor under the
     applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed
     in performing the Work.

(f) Pursuant to Labor Code Section 1777.5, if that Section applies to this Contract as indicated
     above, Contractor and any subcontractor may be required to make contributions to the
     apprenticeship program.

(g) If Contractor or any subcontractor willfully fails to comply with Labor Code Section 1777.5,
    then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall: (1)
    be denied the right to bid on any subsequent project for one year from the date of such
    determination; and (2) forfeit as a penalty to the County the amount required by law per day for
    each calendar day of noncompliance, which shall be withheld from any payment due or to
    become due under the terms of this Contract. Interpretation and enforcement of these provisions
    shall be in accordance with the rules and procedures of the California Apprenticeship Council.

(h) Contractor and all subcontractors shall comply with Labor Code Section 1777.6, which Section
    forbids certain discriminatory practices in the employment of apprentices.

(i) Contractor shall become fully acquainted with the law regarding apprentices prior to
    commencement of the work. Special attention is directed to Sections 1777.5, 1777.6 and 1777.7
    of the Labor Code, and Title 8, California Code of Regulations, Section 200 et seq. Questions
    may be directed to the State Division of Apprenticeship Standards, 455 Golden Gate Avenue,
    San Francisco, California 94102.

Article 61.    LABOR FIRST AID

Contractor shall maintain emergency first aid treatment for Contractor’s workers on the Project that
complies with the Federal Occupational Safety and Health Act (29 United States Code, Section 651,
et seq.).
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Article 62.     PROTECTION OF PERSONS AND PROPERTY

(a) Contractor shall be responsible for all damages to persons or property that occur as a result of its
    fault or negligence in connection with the prosecution of this Contract, and shall take all
    necessary measures and be responsible for the proper care and completion and final acceptance
    by the County. All Work shall be solely at Contractor’s risk, with the exception of damage to the
    Work caused by "acts of God" as defined and in accordance with Public Contract Code Section
    7105.

(b) Contractor shall take, and require subcontractors to take, all necessary precautions for safety of
    workers on the Project and shall comply with all applicable federal, state, local and other safety
    laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to
    persons on, about, or adjacent to premises where work is being performed and to provide a safe
    and healthful place of employment. Contractor shall furnish, erect and properly maintain at all
    times, all necessary safety devices, safeguards, construction canopies, signs, nets, barriers, lights,
    and watchmen for protection of workers and the public and shall post danger signs warning
    against hazards created by such features in the course of construction. Contractor shall designate
    a responsible member of its organization on the Project, whose duty shall be to post information
    regarding protection and obligations of workers and other notices required under occupational
    safety and health laws, to comply with reporting and other occupational safety requirements, and
    to protect the life, safety and health of workers. Name and position of person so designated shall
    be reported to the County by Contractor.

   Contractor shall correct any violations of safety laws, rules, orders, standards, or regulations.
   Upon the issuance of a citation or notice of violation by the Division of Occupational Safety and
   Health, Contractor shall correct such violation promptly.

(c) In an emergency affecting safety of life or of Work or of adjoining property, Contractor, without
    special instruction or authorization from the County, is hereby permitted to act, at its discretion,
    to prevent such threatened loss or injury; and Contractor shall act as authorized or instructed by
    the County. Any compensation claimed by Contractor on account of emergency work shall be
    determined by agreement.

(d) Contractor shall provide such heat, covering, and enclosures as are necessary to protect all work,
    materials, equipment, appliances, and tools against damage by weather conditions, such as
    extreme heat, cold, dry winds, or dampness. Temporary enclosures and doors (if not glazed) shall
    be provided by Contractor. The County shall have full authority to suspend operations on Work
    when subject to damage by climatic conditions or because of insufficient curing or drying of
    surfaces or materials.

(e) Contractor shall take adequate precautions to protect existing roads, sidewalks, curbs, pavements,
    utilities, adjoining property and structures (including, without limitation, protection from
    settlement or loss of lateral support), and to avoid damage thereto, and repair any damage thereto
    caused by construction operations.
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(f) Contractor shall (unless waived by the County in writing):

   1. When performing new construction on existing sites, become informed and take into specific
      account the maturity of the students on the site; and when performing work that may interfere
      with school routine before or after school hours, enclose working area with substantial
      barricade, and arrange work to cause a minimum amount of inconvenience and danger to
      students and faculty in their regular school activities.

   2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

   3. Deliver materials to building area over route designated by the County.

   4. When directed by the County, take preventive measures to eliminate objectionable dust.

   5. Confine apparatus, the storage of materials, and the operations of workers to limits indicated
      by law, ordinances, permits, or directions of the County; and shall not interfere with the
      Work or unreasonably encumber premises or overload any structure with materials; and
      enforce all instructions of the County regarding signs, advertising, fires, and smoking and
      require that all workers comply with all regulations while on construction site. Contractor,
      Contractor’s employees, subcontractors, subcontractors' employees or any person associated
      with Contract Work shall conduct themselves in a manner appropriate for a school site. No
      verbal or physical contact with students and faculty, profanity, or inappropriate attire will be
      permitted. The County may request non-complying persons be permanently removed from
      Project site.

   6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices
      marking property boundaries or corners. If such markers are disturbed by accident, they shall
      be replaced by an approved civil engineer at no cost to the County.

Article 63.    AFFIRMATIVE ACTION EMPLOYMENT PROGRAM

(a) The Santa Clara County Office of Education will maintain a list of minority businesses and
    businesses operated by women that will ensure that such businesses received solicitations for
    bids.

(b) The Santa Clara County Office of Education will maintain a list of minority and women
    consultants and will ensure that they are afforded equal opportunity for contracts.

(c) The Santa Clara County Office of Education will notify its vendors, suppliers, and other
    contractors of its affirmative action program.

(d) The Santa Clara County Office of Education will require the inclusion of the following equal
    opportunity clauses as a condition of all contracts in excess of $10,000

   1.   The contractor will not discriminate against any employee or applicant for employment
        because of race, creed, color, sex, or national origin. Such action shall include, but not be
        limited to the following: employment, upgrading, demotion or transfer; recruitment or
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         recruitment advertising, layoff or termination; rates of pay or other forms of compensation;
         and a selection for training, including apprenticeship. The contractor agrees to post in
         conspicuous places, available to employees and applicants for employment, notices setting
         forth the provisions of this nondiscrimination clause.

        2. The contractor will, in all solicitation or advertisements for employees placed by or on
           behalf of the contractor, state that all qualified applicants will receive consideration for
           employment without regard to race, creed, color, physical handicap, sex, or national
           origin.

        3. The contractor will show evidence of compliance with all provisions of Executive Order
           11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of
           Labor.

        4. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this
           contract or with any of the said rules, regulations, or orders, this contractor may be
           declared ineligible for further contracts with this office.

Article 64.     SCHEDULE OF VALUES

(a) Within 10 days after award of the Contract, the Contractor shall submit to the Architect a
    Schedule of Values in a form approved by the County. The Schedule of Values shall reflect
    allocations to the various portions of the Work in sufficient detail and supported by data to that
    substantiates its accuracy as the County may require. This schedule, when approved, shall be
    used as a basis for the Contractor’s applications for progress payments.

(b) Contractor shall provide itemized estimates of Work completed, corresponding to the Schedule of
    Values, as part of each application for progress payment.

    Values employed in making up the Schedule of Values and estimates of Work completed will be
    used only for determining the basis of progress payments and will not be considered as fixing a
    basis for additions to or deductions from Contract Price.

Article 65.     CONTRACTOR CLAIMS

(a) In order to assert a claim for damages in connection with the Contract, sustained by reason of acts
    by or attributable to the County, Contractor shall, within five (5) calendar days after initially
    sustaining such damage, submit to the County a written statement of the damage sustained,
    including the causes thereof. On or before the fifteenth (15th) day of the month succeeding that
    in which such damage shall have been initially sustained, Contractor shall submit to the County
    an itemized statement of the details, including, but not limited to, the causes thereof, and amounts
    of such damage. Unless such statements are made as in accordance with this paragraph,
    Contractor’s claims for compensation for damages, of which it knew or should have known, shall
    be waived, forfeited and invalidated, and it shall not be entitled to consideration for payment on
    account of any such damage.
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(b) In accordance with Public Contract Code Section 20104, subdivision (c), Article 1.5, Chapter 1,
    Part 3 of the Public Contract Code is set forth below. Contractor understands and agrees that the
    provisions of Article 1.5 shall not affect the claims notice requirements set forth in these General
    Conditions.

Section 20104 of Public Contract Code.
Application of article; provisions included in plans and specifications

 (a)       (1)      This article applies to all public works claims of three hundred seventy five
                    thousand dollars ($375,000) or less which arise between a contractor and a local
                    agency.

           (2)      This article shall not apply to any claims resulting from a contract between a
                    contractor and a public agency when the public agency has elected to    resolve
                    any disputes pursuant to Article 7.1 (commencing with Section 10240) of
                    Chapter 1 of Part 2.

 (b)      (1)        "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil
                     Code, except that "public work" does not include any work or improvement
                     contracted for by the state or the Regents of the University of California.

           (2)       "Claim" means a separate demand by the contractor for (A) a time extension, (B)
                     payment of money or damages arising from work done by or on behalf of the
                     contractor pursuant to the contract for a public work and payment of which is not
                     otherwise expressly provided for or the claimant is not otherwise entitled to, or (C)
                     an amount the payment of which is disputed by the local agency.

 (c)                 The provisions of this article or a summary thereof shall be set forth in the plans
                     or specifications for any work which may rise to a claim under this article.

 (d)                 This article applies only to contracts entered into on or after January 1, 1991.

Section 20104.2     Claims; requirements; tort claims excluded

For any claim subject to this article, the following requirements apply:

 (a)                 The claim shall be in writing and include the documents necessary to substantiate
                     the claim. Claims must be filed on or before the date of final payment. Nothing in
                     this subdivision is intended to extend the time limit or supersede notice requirements
                     otherwise provided by contract for the filing of claims.

 (b)      (1)        For claims of less than fifty thousand dollars ($50,000), the local agency shall
                     respond in writing to any written claim within 45 days of receipt of the claim, or
                     may request, in writing, within 30 days of receipt of the claim, any additional
                     documentation supporting the claim or relating to defenses to the claim the local
                     agency may have against the claimant.
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      (2)   If additional information is thereafter required, it shall be requested and provided
            pursuant to this subdivision, upon mutual agreement of the local agency and the
            claimant.

      (3)   The local agency's written response to the claim, as further documented, shall be
            submitted to the claimant within 15 days after receipt of the further
            documentation or within a period of time no greater than that taken by the
            claimant in producing the additional information, whichever is greater.
(c)   (1)   For claims of over fifty thousand dollars ($50,000) and less than or equal to
            three hundred seventy-five thousand dollars ($375,000), the local agency shall
            respond in writing to all written claims within 60 days of receipt of the claim, or
            may request, in writing, within 30 days of receipt of the claim, any additional
            documentation supporting the claim or relating to defenses to the claim the local
            agency may have against the claimant.

      (2)   If additional information is thereafter required, it shall be requested and provided
            pursuant to this subdivision, upon mutual agreement of the local agency and the
            claimant.

      (3)   The local agency's written response to the claim, as further documented, shall be
            submitted to the claimant within 30 days after receipt of the further
            documentation, or within a period of time no greater than that taken by the
            claimant in producing the additional information or requested documentation,
            whichever is greater.

(d)         If the claimant disputes the local agency's written response, or the local agency
            fails to respond within the time prescribed, the claimant may so notify the local
            agency, in writing, either within 15 days of receipt of the local agency's response
            or within 15 days of the local agency's failure to respond within the time
            prescribed, respectively, and demand an informal conference to meet and confer
            for settlement of the issues in dispute. Upon a demand, the local agency shall
            schedule a meet and confer conference within 30 days for settlement of the
            dispute.

(e)         Following the meet and confer conference, if the claim or any portion remains
            in dispute, the claimant may file a claim as provided in Chapter 1 (commencing
            with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
            Division 3.6 to Title 1 of the Government Code. For purposes of those
            provisions, the running of the period of time within which a claim must be filed
            shall be tolled from the time the claimant submits his or her written claim
            pursuant to subdivision (a) until the time that claim is denied as a result of the
            meet and confer process, including any period of time utilized by the meet and
            confer process.

(f)         This article does not apply to tort claims and nothing in this article is intended
            nor shall be construed to change the time periods for filing tort claims or
            actions specified by Chapter 1 (commencing with Section 900) and Chapter 2
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                     (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
                     Government Code.

Section 20104.4     Civil action procedures; mediation and arbitration; trial de novo; witnesses

The following procedures are established for all civil actions filed to resolve claims subject to this
article:

  (a)                Within 60 days, but no earlier than 30 days, following the filing or responsive
                     pleadings, the court shall submit the matter to non-binding mediation unless
                     waived by mutual stipulation of both parties. The mediation process shall
                     provide for the selection within 15 days by both parties of a disinterested third
                     person as mediator, shall be commenced within 30 days of the submittal, and
                     shall be concluded within 15 days from the commencement of the mediation
                     unless a time requirement is extended upon a good cause showing to the court
                     or by stipulation of both parties. If the parties fail to select a mediator within
                     the 15-day period, any party may petition the court to appoint the mediator.

  (b)     (1)        If the matter remains in dispute, the case shall be submitted to judicial
                     arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title
                     3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of
                     that code. The Civil Discovery Act of 1986 (Article 3 (commencing with
                     Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure)
                     shall apply to any proceeding brought under this subdivision consistent with the
                     rules pertaining to judicial arbitration.

           (2)       Notwithstanding any other provision of law, upon stipulation of the parties,
                     arbitrators appointed for purposes of this article shall be experienced in
                     construction law, and, upon stipulation of the parties, mediators and arbitrators
                     shall be paid necessary and reasonable hourly rates of pay not to exceed their
                     customary rate, and such fees and expenses shall be paid equally by the parties,
                     except in the case of arbitration where the arbitrator, for good cause, determines
                     a different division. In no event shall these fees or expenses be paid by state or
                     county funds.


           (3)       In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
                     3 of the Code of Civil Procedures, any party who after receiving an arbitration
                     award requests a trial de novo but does not obtain a more favorable judgment
                     shall, in addition to payment of costs and fees under that chapter, pay the
                     attorney’s fees of the other party arising out of the trial de novo.

  (c)      The court may, upon request by any party, order any witnesses to participate in the
           mediation or arbitration process.
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Section 20104.6      Payment on undisputed portion of claim; interest on arbitration awards or
                     judgments

  (a)          No local agency shall fail to pay money as to any portion of a claim which is
               undisputed except as otherwise provided in the contract.

  (b)          In any suit filed under Section 20104.4, the local agency shall pay interest at the legal
               rate on any arbitration award or judgment. The interest shall begin to accrue on the
               date the suit is filed in a court of law.

Article 66.    NOT USED

Article 67.    PAYMENTS

(a) Unless otherwise specified, each month within thirty (30) calendar days after receipt of approved
    periodical estimate for partial payment, and compliance by Contractor with Section 01027,
    Application for Payment, there shall be paid to Contractor a sum equal to ninety percent (90%) of
    value of work performed and of materials delivered on the ground or stock subject to or under the
    control of the County and unused up to the last day of the previous month, less aggregate
    previous payments. Monthly payments shall be made only on the basis of monthly estimates that
    shall be prepared by Contractor on a form approved by the County and filed before the fifth (5th)
    day of the month during which payment is to be made. Work completed as estimated shall be an
    estimate only and no inaccuracy or error in said estimate shall operate to release Contractor or
    Surety from any damages arising from such work or from enforcing each and every provision of
    this Contract, and the County shall have the right subsequently to correct any error made in any
    estimate for payment.

(b) With each payment request, and prior to receiving any payment, Contractor must furnish the
    County with the following:

   (1)   Schedules in accordance with Article 39, entitled “Construction                     Schedules;”
         Waivers and releases in accordance with Article 48, entitled “Liens;” and

   (2)   An updated summary of unresolved claims (“Summary of Claims”), including, but not
         limited to, the causes thereof, that it claims it sustained by reason of acts by, or attributable
         to, the County.

   (3)   An updated schedule of values indicating Contractor’s estimate of the percentage of
         completion for each line item.

   Acceptance of a payment will constitute a release of all of Contractor’s claims for damages
   sustained by reasons of acts by, or attributable to, the County of which Contractor knew or
   should have known at the time of the payment request, except for those clearly identified claims
   for damages specified in the Summary of Claims.

(c) Contractor shall not be entitled to have any payment estimates processed or any payment for
    work performed so long as Contractor fails to materially comply with the Contract Documents or
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    any lawful or proper direction given by the County concerning the Work, including, but not
    limited to, scheduling revisions and updates.

(d) Before payment is made hereunder, the County will receive the request for progress payment and
    verification by the Architect, Construction Manager, if any, the County and Inspector that the work for
    which payment is requested has been performed in accordance with the terms of the Contract.

Architect, Construction Manager, if any, the County and Inspector shall sign the request for payment
   as verification that the work has been performed. It is understood, however, that signature of the
   Architect and Construction Manager, if any, and Inspector shall not be conclusive upon the
   County, but merely advisory.

(e) No payment by the County hereunder shall be interpreted so as to imply that the County has
    inspected, approved, or accepted any part of the Work. The final payment, if unencumbered,
    shall be made thirty-five (35) calendar days after the recordation of the Notice of Completion
    with the office of the County Recorder, subject to Article 69, entitled “Completion.”

(f) Unless otherwise provided, on or before making request for final payment of the undisputed
    amount due under Contract, Contractor shall submit to the County, in writing, all claims for
    compensation under or arising out of this Contract and a Summary of Claims, as required under
    Paragraph (b), above, that is final and cumulative. The final and cumulative Summary of Claims
    may not include any claims for damages that have been released by operation of the provisions of
    Paragraph (b), above, or Article 65, entitled “Contractor Claims.” The acceptance by Contractor
    of the payment of the final amount shall constitute a waiver of all claims for compensation and
    damages against the County under or arising out of this Contract, except those identified in the
    final and cumulative Summary of Claims.

(g) Prior to requesting final payment, Contractor must deliver the record drawings, Project
warranties, operations and maintenance manuals, a Settlement Agreement and Release of Claims
form, and all other documents required by Section 01700, Contract Closeout, to the Construction
Manager, if there is one, and the Architect.

Article 68.     CHANGES AND EXTRA WORK

(a) The County may, as provided by law and without affecting the validity of this Contract, order
    additions, deletions or revisions in the Work by issuance of written change orders or written
    directives during the progress of the Project, Contract Price and/or Contract Time being adjusted
    accordingly. All such work shall be executed under the conditions of the original Contract,
    except for changes to the Contract Time and/or Contract Price, which shall be made in
    accordance with Section 01028.

(b) In giving instructions, the County shall have authority to make minor changes in Work, not
    involving change in cost, and not inconsistent with purposes of building, by written directives.
    Otherwise, except in an emergency endangering life or property, no extra work or change shall be
    made unless pursuant to a written change order from the County, authorized by action of the
    Governing Board, and no claim for addition to Contract Time and/or Contract Price shall be valid
    unless so ordered.
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(c) Value of any such extra work, change, or deduction shall be determined at the discretion of the
    County in one or more of the following ways:

   1. By acceptable lump sum proposal from Contractor.

   2. By unit prices contained in Contractor’s original bid and incorporated in CONTRACT
      DOCUMENTS or fixed by subsequent agreement between the County and Contractor.

   3. By cost of material and labor, plus a percentage for overhead and profit. The following form
      shall be used by the Contractor to communicate proposed additions and deductions to
      Contract Price:
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   CREDIT                                                               EXTRA
     a.   Material (attach itemized quantity
          and unit cost plus sales tax).

        b.      Labor (attach itemized hours and rates).

        c.      Subtotal

        d.      Subcontractor's actual overhead and
                profit, not to exceed a combined
                10%.

        e.      Subtotal

        f.      Contractor's actual overhead and
                profit ,not to exceed a combined
                5%.

        g.      Subtotal

        h.      Bond Premium, not to
                exceed one percent (1%) of Item g.

        i.      Total

Article 69.     COMPLETION

(a) The County shall accept completion of the Work and have the Notice of Completion recorded
    when the entire Work shall have been completed to the satisfaction of the County. The Work may
    only be accepted as complete by action of the Governing Board.

(b) The County, at its sole option, may have the Notice of Completion recorded when the entire
    Work shall have been completed to the satisfaction of the County, except for minor corrective
    Work.

(c) If Contractor fails to complete the minor corrective Work prior to the expiration of the thirty-five
    (35) day period immediately following the recordation of Notice of Completion, the County shall
    withhold from the final payment an amount equal to 150 % of the estimated cost, as determined
    by the County, of the minor corrective work until such time as the Work is completed.

(d) At the end of such thirty-five (35) day period, if there are any items remaining to be corrected, the
    County may elect to proceed as provided in Article 70, entitled "Adjustment to Contract Price."

Article 70.     ADJUSTMENT TO CONTRACT PRICE

(a) If Contractor defaults or neglects to carry out the Work in accordance with the Contract
    Documents or fails to perform any provision hereof, the County may, after ten (10) calendar days
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    written notice to Contractor, and without prejudice to any other remedy it may have, make good
    such deficiencies.

(b) The County shall adjust the Contract Price by reducing the amount thereof by the cost of making
    good such deficiencies. If the County deems it inexpedient to correct work defective or not done
    in accordance with Contract, the County shall make an equitable reduction in the Contract Price.

Article 71.     CORRECTION OF WORK

(a) Should it be considered necessary or advisable by the County at any time before final acceptance of
    the entire Work to make an examination of work already completed by removing or tearing out the
    same, the Contractor shall upon request promptly furnish all necessary facilities, labor and materials.
    If such work is found to be defective in any respect due to fault of the Contractor or its
    subcontractors, it shall compensate the County for all expenses of such examinations and for
    satisfactory reconstruction. If, however, such work is found to fully meet the requirements of the
    Contract Documents, the additional cost of labor and material necessarily involved in the
    examination and replacement shall be paid by County.

(b) Contractor shall promptly remove from premises all work identified by the County as failing to
    conform with the Contract Documents, whether incorporated or not. Contractor shall promptly
    replace and re-execute its own work to comply with Contract Documents, without additional
    expenses to the County, and shall bear the expense of making good all work of other contractors that
    is destroyed or damaged by such removal or replacement.

(c) If Contractor does not remove such work within a reasonable time, fixed by written notice, the
    County may remove it and may store the material at Contractor’s expense. If Contractor does not
    pay expenses of such removal and any storage within ten (10) calendar days thereafter, the County
    may, upon ten (10) calendar days written notice, sell such materials at auction or at private sale and
    shall account for net proceed thereof, after deducting all costs and expenses that should have been
    borne by Contractor.

Article 72.     EXTENSIONS OF TIME AND DELAY DAMAGES

(a) Both Contractor and the County agree that the following delays will be considered "non-
    compensable" and, therefore, neither party shall collect damages from the other should they occur:
    acts of God as defined and in accordance with Public Contract Code Section 7105, acts of public
    enemy, acts of Government, fires, floods, epidemics, quarantine restrictions, against others, and
    unusually severe weather (normal seasonal rainfall shall not be considered reason for time
    extension), or delays of subcontractors due to such causes.

(b) “Excusable delays” refers to any delay due to unforeseeable causes beyond the control and
    without the fault or negligence of Contractor, caused by acts of the County or anyone employed
    by it or acts of another contractor in performance of a contract (other than this Contract) with the
    County.

(c) In accordance with Public Contract Code Section 7102, Contractor shall not be charged for
    liquidated damages because of non-compensatory or excusable delays.
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(d) “Inexcusable delays” refers to any delay to the progress of the Work caused by events or factors
    other than those specifically identified in Paragraphs (a) and (b), above.

(e) If an inexcusable delay occurs concurrently with either an excusable delay or a non-compensable
    delay, the maximum extension of the Contract Time shall be the number of days, if any, that the
    excusable delay or the non-compensatory delay exceeds the period of time of the inexcusable delay.
    Additionally, no adjustment to the Contract Time shall be made unless such activities directly impact
    work on the critical path of the then current and updated Approved Construction Schedule as of the
    date on which such delay first occurs.

(f) Contractor shall within five (5) calendar days of the beginning of any excusable bidding or non-
    compensable delay, notify the County in writing of the causes of delay. The Contractor’s failure
    to notify the County within such five (5) calendar day period shall be deemed a waiver and
    relinquishment of such a claim of delay against the County.

(g) In the event that excusable delays cause damages to Contractor, Contractor’s damages shall be
    limited to direct, actual, and unavoidable additional costs of labor, materials or equipment
    directly resulting from such delay, and shall exclude indirect or other consequential damages.
    Except as expressly provided above, Contractor shall not have any other claim, demand, or right
    to adjustment of the Contract Price arising out of delay, interruption, hindrance or disruption to
    the progress of the Work. Adjustments to the Contract Price and the Contract Time, if any, on
    account of changes to the Work or suspension/termination for convenience of the Work shall be
    governed by the applicable provisions of the Contract Documents.

(h) Extensions of time shall apply only to the portion of Work affected by the delay, and shall not
    apply to other portions of Work not so affected.

Article 73.    PAYMENTS WITHHELD

(a) In addition to amounts that the County may retain or deduct pursuant to Articles 67 and 69 and
    Section 01027, Application for Payment, paragraph 1.04, the County may withhold a sufficient
    amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment
    may be necessary to cover the following:

   1. One hundred percent (100%) of payments made by the County on behalf of Contractor or any
      subcontractors pursuant to Articles 47 or 70, Paragraph (a).

   2. One hundred twenty-five percent (125 %) of the amount claimed by subcontractors or the
      supplier of materials in the form of a stop notice.

   3. One hundred percent (100%) of the amount of any equitable reduction in Contract Price
      pursuant to Paragraph (b) of Article 70, entitled “Adjustment to Contract Price.”

   4. One hundred and fifty percent (150%) of the estimated cost of defective work that Contractor
      has not remedied.

   5. Liquidated damages assessed against Contractor.
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    6. Penalties or assessments required by law.

    7. The cost of material ordered by the County pursuant to Article 40, entitled "Materials and
       Work."

    8. One hundred percent (100%) of the estimated cost of completing of the Contract, if there
       exists a reasonable doubt that this Contract can be completed for the balance then unpaid to
       Contractor.
    9. One hundred and fifty percent (150%) of the estimated amount of damage caused to another
       contractor.

    10. The cost of site clean-up as provided in Article 53, entitled "Cleaning Up."

    11. The costs of responding to unjustified requests for information, in accordance with Paragraph
        (b) of Article 11, entitled “Architect—Submittals and Requests for Information.”

    12. The costs of premiums that the County pays on behalf of Contractor in accordance with
        Paragraph (c) of Article 24, entitled “Proof of Carriage of Insurance.”

(b) If the above grounds are, in the opinion of the County, removed by or at the expense of
    Contractor, payment shall be made for amounts withheld because of them.

(c) The County may apply such withheld payment amount for such claims or obligations at its
    discretion. In so doing, the County shall make such payments on behalf of Contractor. If any
    payment is so made by the County, then such amount shall be considered as a payment made
    under Contract by the County to Contractor and the County shall not be liable to Contractor for
    such payments made in good faith. Such payments may be made without prior judicial
    determination of the validity of the claim or obligation. The County will render Contractor an
    accounting of such funds disbursed on behalf of Contractor.

(d) As an alternative to payment of such claims or obligations, the County, in its sole discretion,
    may reduce the total Contract Price as provided in the Article 70, entitled "Adjustment to
    Contract Price."

Article 74.     EXCISE TAXES

If under Federal Excise Tax Law any transaction hereunder constitutes a sale on which a Federal
Excise Tax is imposed and the sale is exempt from such Federal Excise Tax because it is a sale to a
State or Local Government for its exclusive use, the County, upon request, will execute documents
necessary to show (1) that the County is a political subdivision of the State for the purposes of such
exemption and (2) that the sale is for the exclusive use of the County. No Federal Excise Tax for
such materials shall be included in any bid price.

Article 75.     TAXES

Bid price, and, in turn, the Contract Price, is to include any and all applicable sales taxes or other
taxes that may be due in accordance with Section 7051 of the Revenue and Taxation Code
Regulation 1521 of the State Board of Equalization, or any other tax code that may be applicable.
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Article 76.     NO ASSIGNMENT

Contractor shall not assign this Contract, or any part thereof, without the prior written consent of the
County. Assignment without such prior written consent shall be null and void. Any assignment of
money due or to become due under this Contract shall be subject to a prior lien for services rendered
or material supplied for performance of work called for under said Contract in favor of all persons,
firms, or corporations rendering such services or supplying such material to the extent that claims are
filed pursuant to the Civil Code, Government Code, Labor Code and/or Code of Civil Procedure and
shall also be subject to deductions for liquidated damages or withholding of payments as determined
by the County in accordance with this Contract.

Article 77.     NOTICE AND SERVICE THEREOF

Any notice from one party to the other or otherwise under Contract shall be in writing and shall be
dated and signed by the party giving such notice or by a duly authorized representative of such party.
Any such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:

1. If notice is given to the County, by personal delivery thereof to the County or by depositing same
   in United States mail, enclosed in a sealed envelope addressed to the County, and sent by
   registered or certified mail with postage prepaid;

2. If notice is given to Contractor, by personal delivery thereof to Contractor or to Contractor’s
    superintendent at site of Project, or by depositing same in United States mail, enclosed in a sealed
    envelope addressed to Contractor at its regular place of business or at such address as may have
    been established for the conduct of work under this Contract, and sent by registered or certified
    mail with postage prepaid;

3. If notice is given to Surety or other person by personal delivery to such Surety or other person or
    by depositing same in United States mail, enclosed in a sealed envelope, addressed to such Surety
    or person at the address of such Surety or person last communicated by Surety or other person to
    party giving notice, and sent by registered or certified mail with postage prepaid.

Article 78.     NO WAIVER

Duties and obligations imposed by the Contract Documents, and rights and remedies available
thereunder, shall be in addition to and not in lieu of or otherwise a limitation or restriction of duties,
obligations, rights and remedies otherwise imposed or available by law. No action or failure to act
by the County shall constitute a waiver of a right or remedy afforded it under the Contract
Documents or at law, nor shall such an action or failure to act constitute approval of or acquiescence
in a breach hereunder, except as may be specifically agreed in writing.

Article 79.     SEVERABILITY

In the event any provision of the Contract Documents shall be deemed illegal, invalid, unenforceable
and/or void, by a court or any other governmental agency of competent jurisdiction, such provision
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shall be deemed to be severed and deleted from the Contract Documents, but all remaining
provisions hereof, shall in all other respects, continue in full force and effect.

Article 80.    HAZARDOUS MATERIALS

In the event the Contractor encounters on the site material reasonably believed to be asbestos or
polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall
immediately stop work in the area affected and report the condition to the County, Inspector and
Construction Manager, if there is one, in writing. The work in the affected area shall not thereafter
be resumed except by written agreement of the County and Contractor if in fact the material is
asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the
affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when
it has been rendered harmless, by written agreement of the County and Contractor.

Article 81.    MATERIAL SAFETY DATA SHEETS (MSDS)

Contractor is required to ensure Material Safety Data Sheets are available in a readily accessible
place at the Work site for any material requiring a Material Safety Data Sheet per the Federal
"Hazard Communication" standard, or Employees Right to Know Law. The Contractor is also
required to ensure proper labeling on substances brought onto the job site and that any person
working with the material or within the general area of the material is informed of the hazards of the
substance and follows proper handling and protection procedures. Two additional copies of the
Material Safety Data Sheets should also be submitted directly to the County.

Article 82.    CONSTRUCTION MANAGEMENT

(a) The Contractor understands that the County may employ a construction manager to perform
    construction management services on the Project. If the County employs a construction
    manager, the Contractor and subcontractors agree to cooperate with the construction manager; to
    coordinate work with others as required; and to furnish the construction manager without delay
    information or documentation requested.

(b) Contractor acknowledges that the Construction Manager, if any, has no contractual duty to
    Contractor, express or implied, and that Contractor is not an intended beneficiary of the
    Construction Manager’s contract, if there is one, with the County.

Article 83.    TIMELY PROGRESS PAYMENTS & INTEREST

California Public Contract Code Section 20104.50 sets forth the Legislature's intent for prompt
payment to contractors and established the following procedures for timely progress payments and
payment of interest:

1.   Any local agency which fails to make any progress payment within thirty (30) days after
     receipt of an undisputed and properly submitted payment request from a contractor on a
     construction contract shall pay interest to the contractor equivalent to the legal rate set forth in
     subdivision (a) of Section 685.010 of the Code of Civil Procedure.
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2.   Upon receipt of a payment request, each local agency shall act in accordance with both of the
     following:

     a. Each payment request shall be reviewed by the local agency as soon as practicable after
        receipt for the purposed of determining that the payment request is a proper payment
        request.

     b. Any payment request determined not to be a proper payment request suitable for payment
        shall be returned to the contractor as soon as practicable, but not later than seven (7) days,
        after receipt. A request returned pursuant to this paragraph shall be accompanied by a
        document setting forth in writing the reasons why the payment request is not proper.

3.   The number of days available to a local agency to make a payment without incurring interest
     pursuant to Section 20104.50 shall be reduced by the number of days by which a local agency
     exceeds the seven-day return requirement set forth in paragraph 2 (b), above.

4.   A "progress payment" includes all payment due contractors, except that portion of the final
     payment designated by the contract as retention earnings.

5.   A payment request shall be considered properly executed if funds are available for payment of
     the payment request, and payment is not delayed due to an audit inquiry by the financial officer
     of the local agency.


                                        END OF SECTION
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SECTION 007300 – SPECIAL CONDITIONS

Article 1. GENERAL

These Special Conditions supplement and/or modify certain provisions of the General Conditions, and both
General and Special Conditions shall be deemed to be a part of every Section of Contract Documents
(Specifications), as if wholly embodied and repeated in every Section. The Contractor and subcontractor
shall be held to have read and thoroughly familiarized themselves with their content.

Article 2. CONTRACT TIME

1. Reference: Paragraph 1.03 of Section 002113, Instructions to Bidders, Paragraph 1.02 of Section
   003113, Preliminary Schedule and Paragraph 4 of the Agreement.

2. The duration of the contract shall be as listed in Section 003113, Preliminary Schedule.

Article 3. NOT USED

Article 4. SEPARATE CONTRACTORS AND ACCESS

1. The County may award, or may have awarded other contracts for additional work, and the
   contractor shall cooperate fully with such other contractors by scheduling his/her own work so
   that it properly relates to work to be performed under other contracts. The contractor shall not
   commit or permit any act, which will adversely interfere with the performance of work by any
   other contractor.

2. Contractors shall assume all liability, financial or otherwise, in connection with his/her contract
   and shall protect and save harmless the County and the construction manager, if there is one,
   from any and all damages or claims that may arise because of inconvenience, delay, or loss
   experienced by them because of the presence and operations of other contractors working within
   the limits of the same project.

3. The contractor shall be aware that work by other contractors will occur simultaneously in any
   given area or all areas. The contractor understands, in order to maintain the project completion
   schedule, that he may not have access to a given area to continue work due to the work of other
   contractors. The construction manager reserves the right to determine what areas are accessible
   to a contractor and when it is necessary to relocate or reschedule the work of the contractor.
   Relocation and rescheduling or work will be minimized. However, if either is necessary, the
   contractor agrees that no additional compensation for costs that may be incurred shall be allowed
   or processed by the construction manager or the County. In the event that the construction
   manager relocates or reschedules the work of a contractor, and that action creates an adverse
   affect on the Contractor’s scheduled critical path for the work of the contract, an authorized
   extension of the schedule by the construction manager or the County may be granted to extend
   the scheduled contract completion date without increase in compensation.
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4. Contractor loss due to acts of another contractor:

   (a) If, through acts of neglect or unauthorized delays on the part of the contractor, any other
       contractor or any subcontractor shall suffer a loss from delays or damage to their work, this
       contractor shall settle with such other contractor or subcontractor without their involvement
       of the County or its construction manager. Settlement between contractor shall include any
       and all fiscal damages incurred as a result of delay and a joint written statement to the
       construction manager indicating the agreed upon number of calendar days of delay suffered
       by the affected contractor. The affected contractor will attach this joint letter to his request
       for the time extensions to the construction manager and must show specifically how the
       actions of the other contractor impacted his critical path activities. Such requests for a time
       extension shall be a zero (0) cost to the County. If the contractors agree that the construction
       manager (as agent for the County) shall determine a binding resolution to the dispute, both
       contractors shall submit all relevant documents and information to the construction manager
       for review. When determined in their opinion to be a fail and legitimate claim, the County
       reserves the right to backcharge on contractor for his/her delay or damage to another
       contractor. A change order will be the mechanism used to adjust contract amounts.

   (b) Failure of any contractor who is party to a dispute between separate contractors, to submit his
       facts and information regarding this position and assertions relevant to the dispute within
       sixty (60) days from discovery to the construction manager, shall not relieve such contractor
       from his obligation to abide to the resolution prescribed by the construction manager. The
       contractor making the discovery, but failing to report the dispute to the construction manager
       in writing within the prescribed time, will assume the responsibility for remedy of the
       conditions in question.

Article 5. INSURANCE REQUIREMENTS

1. Reference: Section 006516, Insurance Certificates, and Section 007200, General Conditions,
   Articles 21, 22, 23, and 24.

2. Amounts: Per Section 007200, General Conditions, Articles 22 and 23, contractor shall procure
   and maintain, and shall require all subcontractors, if any, whether primary or secondary, to
   procure and maintain:

   MINIMUM

   COMBINED

   SINGLE
                                                                       INSURED         LIMITS

                                                               Per Statutory
   a. Workers' Compensation                                    Self-Insured    Requirements

   b. Employer’s Liability                                     $3,000,000 ea. Accident
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c. Comprehensive General Liability                           $3,000,000 ea.

                                                             $3,000,000 ea. Bodily Injury
                                                             $3,000,000 ea. occurrence
                                                             Bodily Injury
                                                             $3,000,000 ea. occurrence
                                                             Property Damage

   (X)   Premises and Operations
   (X)   Contractual Liability
   (X)   Independent Contractors
   (X)   Products/Completed Operations
   (X)   Broad Form Property Damage
   (X)   Personal Injury
   (X)   Broad Form Liability Endorsement
   (X)   Explosion Hazard
   (X)   Underground Hazard
   (X)   Owned Automobiles
   (X)   Non-owned Automobiles
   (X)   Hired Automobiles

d. Automobile Liability (if not included in General Liability $1,000,000
   coverage checked above)                                    $1,000,000 ea. Bodily Injury
                                                              $1,000,000 ea. occurrence
                                                              Bodily Injury
                                                              $1,000,000 ea. occurrence
                                                              Property Damage

e. Public Liability Insurance for injuries including
   accidental death, to any one person in an
   amount not less than and,                                 $1,000,000

f. Subject to the same limit for each person,
   on account of one accident, in an amount
   not less than                                             $1,000,000



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SECTION 010000 - DSA REQUIREMENTS

1.0   GENERAL

1.1   SUMMARY

      A.     All work shall conform to the requirements of the Division of the State Architect as
             defined in Section 4-305 Part 1, Title 24, C.C.R.

1.2   SPECIAL REQUIREMENTS

      The following are from Part 1, Title 24, C.C.R.:

      A.     Section 4-305 Part 1, Title 24, California Code of Regulations is the governing Code
             for this project. The governing agency is the Office of Regulation Services, Division
             of the State Architect (DSA).

      B.     All Addenda and Change Orders shall be approved by DSA prior to beginning of
             work per Section 4-338 of Title 24.

      C.     The County shall employ an Inspector for inspection of the work. The Inspector shall
             be approved by DSA per Sections 4-333(b) and 4-342 of Title 24.

      D.     The Contractor, Inspector, Engineers and Architect shall file Verified Reports with
             DSA per Sections 4-336 and 4-343C of Title 24.

      E.     The Contractor shall not start work until DSA has been notified that work is to
             commence.

      F.     The intent of these documents is to expand the existing school facility. Should any
             conditions develop that are not covered by the Contract Documents, a Change Order
             specifying and detailing the required work shall be submitted to and approved by
             DSA before proceeding with the work.

      G.     Duties of the Architect and Engineers shall conform to Section 4-333(a) and 4-341 of
             Title 24. Duties of the Contractor shall conform to Section 4-343 of Title 24.

      H.     The Project Inspector shall keep a copy of Parts 1 and 2 of Title 24, available in the
             field during construction.

      I.     Supervision of the project by DSA shall conform to Section 4-334 of Title 24.

      J.     All tests to conform to the requirements of Section 4-335, Part 1, Title 24, and
             approved structural tests and inspections sheet.
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K.   Tests of materials and testing laboratory shall be in accordance with Section 4-335 of
     Part 1, Title 24. The County shall employ and pay the laboratory. Costs of re-test may
     be back charged to the Contractor.


                             END OF SECTION
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SECTION 011000 - SUMMARY OF WORK

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes summary of work including:

           1. Work covered by Contract Documents.

           2. Bid items, Allowances and Alternates.

           3. Work under other contracts.

           4. Work sequence.

           5. Cooperation of contractor and coordination with other work.

           6. Maintenance.

           7. Occupancy requirements.

           8. Reference Standards.

           9. Products ordered in advance.

           10. Furnished products.

1.2   WORK COVERED BY CONTRACT DOCUMENTS

      A.   Unless provided otherwise in the Contract Documents, all risk of loss to work
           covered by Contract Documents shall rest with Contractor until Final Completion and
           acceptance of the work.

      B.   This work includes construction of all site work and building interior work as noted
           as well as coordination of the installation of modular buildings on concrete
           foundations supplied by the building manufacturer. Modular buildings are to be
           supplied by manufacturer: Enviroplex, Inc., 4777 E. Carpenter Road, Stockton, CA
           95215, 1-209-922-0730:

           1. Submit drawings to the City of San Jose for an encroachment permit. The County
              will provide the cost of the permit as required.

           2. Temporary barriers, fences, guard rails, enclosures, chutes, and shoring to protect
              personnel, structures, and utilities remaining intact. In addition, erect a temporary
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    perimeter fence to protect and not interfere with ongoing activities of the
    playfields and related services.

3. Items to be demolished include, but are not limited to, irrigation system, sidewalk
   and street paving, striping, site concrete, AC paving, soil areas for new building
   pads. Safe off and removal of existing cold water and sanitary sewer lines if in
   the way, otherwise abandon in place. Tree removal and stump grinding.

4. Provide excavation, backfill, and compaction for pad; ready for the building
   manufacturer to construct the foundation with a minimum 2’ clearance all around
   to allow for installation of forming. Provide excavation, backfill and compaction
   for all concrete and asphalt paved areas. All clearing or grubbing, preparation of
   land to be filled, filling of the land, spreading compaction, and control of the fill,
   and all subsidiary work necessary to complete the grading of the filled areas to
   conform within the lines, grades, and slopes as shown on the accepted plans. The
   Contractor shall be responsible for determining line, grade elevations, or slope
   gradient. Import required structural fill.

5. Coordinate with PG&E regarding installation of new service.

6. Trench, install and backfill for utility connections: sanitary sewer and water, and
   provide hook-up to the building.

7. Trench, concrete cut, and backfill for electrical trenches and install all on-site
   electrical to the building, provide hook-up.

8. Provide and install fire alarm system, fire alarm system dialer, and coordination
   to ensure entire fire alarm system is fully functional.

9. Install phone system, data and wiring and coordinate to ensure entire phone
   system is fully functional.

10. Installation of modifications to existing irrigation system and removal of heads
    and lateral lines existing in lawn area as per specifications. Work shall include,
    but not be limited to, all connections, irrigation lines, sleeves, and equipment
    necessary for a complete irrigation system.

11. Installation of landscape planting.

12. Installation of concrete band around the building and coordination and
    installation of the underfloor vents & access provided by the Building
    Manufacturer: concrete walkways and miscellaneous site concrete.

13. Installation of patching of AC parking lot and driveway complete with pavement
    markings.

14. Installation of toilet accessories.
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1.3   BID ITEMS

      A.   Any bid item may be deleted in total or in part prior to or after award of Contract
           without compensation in any form or adjustment of other bid items or prices
           therefore.

      B.   Alternates:

           1. Alternates will be exercised per order received.

           2. Contractor must coordinate related work and modify surrounding work as
              required to complete work, including changes under each alternate designated in
              the contract documents.

1.4   WORK SEQUENCE

      A.   Construct work in stages and at times to accommodate operation requirements during
           the construction period; coordinate construction schedule and operations with
           Architect.

1.5   COOPERATION OF CONTRACTOR AND COORDINATION WITH OTHER WORK

      A.   Should construction work, or work of any other nature, be under way by other forces
           or by other contractors within or adjacent to the limits of the work, the Contractor
           shall cooperate with all such other contractors or forces to the end that any delay or
           hindrance to their work will be avoided. The cost of such cooperation will be
           considered as included in the bid amount and no direct or additional payment will
           therefore be made.

      B.   Santa Clara County Office of Education reserves the right to perform other or
           additional work, within or adjacent to the limits of the work specified, at any time by
           the use of other forces. The Contractor shall coordinate with the County and any
           forces, or other forces, engaged by the County, as required by the Contract General
           Conditions (refer to AIA Document A201-1997, Part A of these Contract
           Documents). In the event that the performance of such other or additional work
           materially increases or decreases the Contractor's costs, the work and the amount to
           be paid therefor will be appropriately adjusted as determined by the Architect.

      C.   Limit use of premises for work and for construction operations to allow for:

           1. Operation.

           2. Work by other contractors and tenants.

      D.   Coordinate use of premises and access to site with other contractors, utilities, tenants,
           and forces, as required by the Contract General Conditions (refer to AIA Document
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           A201-1997, Part A of these Contract Documents). Architect has final authority over
           coordination, use of premises, and access to site.

      E.   Cooperate with students, teachers, administrators and others who may occupy the
           building prior to completion of work of this Contract.

      F.   Cooperate with contractors for other area work, not included in Contract, but which
           may take place during construction period.

1.6   MAINTENANCE

      A.   Cost of maintenance of systems and equipment prior to Final Acceptance will be
           considered as included in prices bid and no direct or additional payment will be made
           therefore.

1.7   OCCUPANCY REQUIREMENTS

      A.   Whenever, in the opinion of Architect, work or any part thereof is in a condition
           suitable for use, and the best interest of requires such use, may take beneficial
           occupancy of and connect to, open for public use, or use the work or such part
           thereof. In such case, will request Architect to inspect the work or part thereof, and
           issue a Certificate of Substantial Completion for that part of work.

      B.   Prior to date of Final Acceptance of the work by all necessary repairs or renewals in
           work or part thereof so used, not due to ordinary wear and tear, but due to defective
           materials or workmanship or to operations of Contractor, shall be made at expense of
           Contractor.

      C.   Use of work or part thereof as contemplated by this Section shall in no case be
           construed as constituting acceptance of work or any part thereof. Such use shall
           neither relieve Contractor of any responsibilities under Contract, nor act as waiver by
           of any of the conditions thereof.

2.0   PRODUCTS

2.1   REFERENCE STANDARDS

      A.   For products specified by association or trade standards, comply with requirements of
           standard, except where more rigid requirements are specified or are required by
           applicable codes.

3.0   EXECUTION

      A.   Not applicable to this Section.


                                    END OF SECTION
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SECTION 012200 - UNIT PRICES: MEASUREMENT AND
                 PAYMENT

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes the description requirements and procedures for determining
           amount of work done and for obtaining payment for work done.

1.2   RELATED SECTIONS

      A.   Section 011000, Summary of Work

      B.   Section 012600, Modification Procedures

      C.   Section 013300, Submittal Procedures

      D.   Section 013200, Construction Progress Documentation: Schedules & Reports

      E.   Section 017700, Contract Closeout Procedures

1.3   REFERENCES

      A.   Public Contract Code.

1.4   SCOPE OF WORK

      A.   Work under Contract, or under any bid item, allowance or alternate, shall include all
           labor, materials, transport, handling, storage, supervision, administration and all other
           items necessary for the satisfactory completion of work, whether or not expressly
           specified or shown.

1.5   DETERMINATION OF QUANTITIES

      A.   Quantity of work to be paid for under any item for which a unit price is fixed in
           Contract shall be number, as determined by Architect, of units of work satisfactorily
           completed in accordance with Plans and Specifications and as directed pursuant to
           Plans and Specifications. Unless otherwise provided, determination of number of
           units of work so completed will be based, so fares practicable, on actual measurement
           or count within prescribed or ordered limits, and no payment will be made for work
           done outside of limits. Measurements and computations will be made by methods as
           Architect may consider appropriate for class of work measured.
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1.6   SCOPE OF PAYMENT

      A.   Except as otherwise expressly stipulated in Section 011000, Summary of Work, payment
           to Contractor at the unit price or other price fixed in the contract for performing the work
           required under any item, or (if the contract is on a lump sum price basis) at the lump sum
           price fixed in the contract for performing all work required under the contract, and as
           either may be adjusted pursuant to any approved change order, shall be full compensation
           for completing, in accordance with the Contract Documents, all work required under the
           item or under the contract, and for all expense incurred by Contractor for any purpose in
           connection with the performance and completion of said work, including all incidental
           work necessary for completion of the work.

      B.   The Contract Sum, whether lump sum, unit price or otherwise, shall be deemed to
           include all costs necessary to complete required work, shall also include any costs for
           loss or damage arising from nature of work or, prosecution of the work, or from
           action of elements. Unless the Contract Documents expressly provide otherwise, the
           Contract Sum shall be deemed to include:

           1. Any and all costs arising from any unforeseen difficulties which may be
              encountered during, and all risks of any description connected with, prosecution
              of work until acceptance by the County.

           2. All expenses incurred due to suspension, or discontinuance of work as provided
              in Contract;

           3. Escalation to allow for cost increases between time of Contract Award and
              completion of work.

      C.   Whenever it is specified herein that Contractor is to do work or furnish materials of
           any class for which no price is fixed in the Contract, it shall be understood that
           Contractor is to do such work or furnish such materials without extra charge or
           allowance or direct payment of any sort, and that cost of doing work or furnishing
           materials is to be included in price bid, unless it is expressly specified herein, in
           particular cases, that work or material is to be paid for as extra work.

      D.   No payment shall be made for materials or equipment not yet incorporated into the
           work, except as follows:

           NONE.

      E.   For the above listed materials and equipment, where Contractor requests payment on
           the basis of such materials and equipment not incorporated in the work, Contractor
           must satisfy the following conditions:

           1. The materials and/or equipment shall be delivered and suitably stored at the site
              or at another location agreed to in writing, for example, a mutually acceptable
              warehouse
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           2. Full title to the materials and/or equipment shall vest in the County at the time of
              deliver to the site, warehouse or other storage location

           3. Contractor shall obtain a negotiable warehouse receipt, endorsed over to the
              County for materials and/or equipment stored in an off-site warehouse. No
              payment shall be made until such endorsed receipts are delivered to Architect

           4. Stockpiled materials and/or equipment shall be available for the County’s
              inspection. Materials and/or equipment shall be segregated and labeled or tagged
              to specifically identify this specific Contract

           5. After delivery of materials and/or equipment, if any inherent or acquired defects
              are discovered, defective materials and/or equipment shall be removed and
              replaced with suitable materials and/or equipment at Contractor's expense

           6. At its expense, Contractor shall insure the materials and/or equipment against
              theft, fire, vandalism, and malicious mischief, as well as any other coverages
              required under the Contract Documents

           7. Contractor's application for payment shall be accompanied by a bill of sale,
              invoice or other documentation warranting that the County has received the
              materials and equipment free and clear of all liens and evidence that the materials
              and equipment are covered by appropriate property insurance and other
              arrangements to protect the County's interest therein, all of which must be
              satisfactory to the County.

1.7   BASIS OF PAYMENT

      A.   Unit Pay Quantities: When estimated quantity for specific portions of work is listed
           in Bid Form, quantity of work to be paid for shall be actual number of units
           satisfactorily completed in accordance with Plans and Specifications.

      B.   Lump Sum: When estimated quantity for specific portion of work is not indicated and
           unit is designated as lump sum, payment will be on a lump sum basis for work
           satisfactorily completed in accordance with plans and specifications.

      C.   Allowances: Allowance items will be paid for as provided in Section 011000,
           Summary of Work. Funds authorized for allowance work will not be released for
           contract payments unless additional work has been authorized in writing by the
           County.

      D.   Payment for all work included in Contract Documents shall be included in lump sum
           or unit price or prices bid, and no direct or additional payments will be made for any
           incidental work.

      E.   The County does not expressly, or by implication, agree, warrant, or represent in any
           manner, that actual amount of work will correspond with amount shown or estimated
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           and reserves right to increase or decrease amount of any class or portion of work, to
           leave out entire Bid Item or Items, or to add work not included in Bid, when in its
           judgment such change is in best interest of the County. No change in work shall be
           considered waiver of any other condition of Contract. No claim shall be made for
           anticipated profit, for loss of profit, for damages, or for extra payment whatever,
           except as otherwise expressly provided for in Contract Documents, because of any
           differences between amount of work actually done and estimated amount as set forth
           herein, or for elimination of extra Bid Items.

1.8   PROGRESS PAYMENTS

      A.   Progress payments will be made monthly.

      B.   Schedule of Values:

           1. Within thirty (30) calendar days from issuance of Notice of Award and prior to
              the Contractor's application for the first progress payment, the Contractor shall
              submit a detailed breakdown of its bid by scheduled work items and/or activities,
              including coordination responsibilities and project record document
              responsibilities. The Contractor shall furnish such breakdown, of the total
              Contract Sum, by assigning dollar values (cost estimates) to each applicable
              Progress Schedule network activity, which cumulative sum equals the total
              Contract Sum. The format and detail of the breakdown shall be as directed by the
              Architect to facilitate and clarify future progress payments to Contractor for
              direct contract work. This breakdown shall be referred to as the Schedule of
              Values.

           2. The Contractor's overhead, profit, insurance, cost of bonds and/or other financing,
              as well as "general conditions costs," (for example, site cleanup and maintenance,
              temporary roads and access, off site access roads, temporary power and lighting,
              security and the like), shall be prorated through all activities so that the sum of all
              the Schedule of Values line items equal the Contractor's total Contract Sum, less
              any allowances designated by the Architect.

           3. The Architect will review the breakdown in conjunction with the Progress
              Schedule to ensure that the dollar amounts of this Schedule of Values are, in fact,
              fair market cost allocations for the work items listed. Upon favorable review by
              the Architect, this Schedule of Values will be accepted for use by the Architect.
              The County and the Architect shall be the sole judges of fair market cost
              allocations.

           4. Any attempt to increase the cost of early activities, that is, "front loading," will be
              rejected by the County, resulting in a complete reallocation of monies until such
              "front loading" is corrected. Repeated attempts at "front loading" may result in
              suspension or termination of the work or refusal to process progress payments,
              until such time as the Schedule of Values is acceptable to the County.
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C.   Payment Requests:

     1. On or before the 25th day of each month, the Contractor shall submit to the
        Architect three (3) copies of a request for payment for the cost of the work put in
        place during the period from the 1st day of the previous month to the 30th day of
        the previous month. Such requests for progress payments shall be based upon
        Schedule of Values prices of all labor and materials incorporated in the work up
        until midnight of the last day of that one month period, less the aggregate of
        previous payments. If Contractor is late submitting its payment request, that
        payment request may be processed at any time during the succeeding one month
        period, resulting in processing of Contractor's payment request being delayed for
        more than a day for day basis.

     2. Payment requests may include, but are not necessarily limited to the following:

         a. Material, equipment and labor incorporated into the work, less any previous
            payments for the same;

         b. Up to seventy-five percent (75%) of the cost of major equipment identified in
            paragraph 1.7D above, if purchased and delivered to the site or stored off site,
            as may be approved by the Architect.

         c. Up to fifty percent (50%) of the cost of materials identified in paragraph 1.7D
            above specifically fabricated for the project that are not yet incorporated into
            the work.

     3. Contractor shall, at the time any payment request is submitted, certify in writing
        the accuracy of the payment request and that Contractor has fulfilled all
        scheduling requirements of the Contract General Conditions (refer to AIA
        Document A201-1997, included in Part A of these Contract Documents) and
        Section 013200, Construction Progress Documentation: Schedules and Reports,
        including updates and revisions. The certification shall be executed by a
        responsible officer of the Contractor.

     4. No progress payment will be processed prior to Architect receiving all requested,
        acceptable schedule update information.

     5. Each payment request shall list each Change Order executed prior to date of
        submission, including the Change Order number, and a description of the work
        activities, consistent with the descriptions of original work activities. Contractor
        shall submit a monthly Change Order status log to Architect.

     6. If Architect requires substantiating data, Contractor shall submit information
        requested by Architect, with cover letter identifying Project, payment request
        number and date, and detailed list of enclosures. Contractor shall submit one copy
        of substantiating data and cover letter for each copy Payment request submitted.
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     7. Monthly progress payments shall be made, based on total value of activities
        completed or partially completed, as determined by the County with participation
        of Contractor, and based upon approved activity costs. Accumulated retainage
        will be shown as separate item in payment summary. If Contractor fails or refuses
        to participate in construction progress evaluation with the County, Contractor
        shall not receive current payment until Contractor has participated fully in
        providing construction progress information and schedule update information for
        the County.

     8. No progress payment will be processed prior to Architect receiving all requested,
        acceptable prevailing wage and certified payroll information.

D.   Progress Payments:

     1. Upon receiving Contractor's payment request, Architect will review the payment
        request and make necessary adjustments to percent of completion of each activity. One
        copy will be returned to Contractor with description of adjustments made. All parties
        will update percentage of completion values in the same manner, that is, express value
        of an accumulated percentage of completion to date.

     2. The payment request may be reviewed by Architect, Architect/Engineer and/or
        inspectors, for the purpose of determining that the payment request is a proper
        payment request, and shall be rejected, revised or approved by the Architect
        pursuant to the cost breakdown prepared in accordance with Section 1.7B of this
        Section.

     3. If it is determined that the payment request is not a proper payment request suitable for
        payment, Architect shall return it to the Contractor as soon as practicable, but no later
        than seven (7) days after receipt, together with a document setting forth in writing the
        reasons why the payment request is not proper.

     4. Pursuant to Public Contract Code Section 20104.50, if the County fails to make
        any progress payment within thirty (30) days after receipt of an undisputed and
        properly submitted payment request from a contractor, the County shall pay
        interest to the Contractor equivalent to the legal rates set forth in subdivision (a)
        of Section 685.010 of the Code of Civil Procedure. The thirty (30) day period
        shall be reduced by the number of days by which the County exceeds the seven
        (7) day return requirement set forth herein.

     5. As soon as practicable after approval of each request for progress payment, the
        County will pay to Contractor in manner provided by law, an amount equal to
        ninety percent (90%) of Architect's estimate, or a lesser amount if so provided in
        Contract Documents, provided that payments may at any time be withheld if, in
        judgment of Architect, work is not proceeding in accordance with Contract, or
        Contractor is not complying with requirements of Contract.
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           6. Before any progress payment or final payment is made, the Contractor may be
              required to submit satisfactory evidence that Contractor is not delinquent in
              payments to employees subcontractors, suppliers, or creditors for labor and
              materials incorporated into work.

           7. The County reserves and shall have the right to withhold payment for any
              equipment and/or specifically fabricated materials that, in the sole judgment of
              the Architect, is not adequately and properly protected against weather and/or
              damage, prior to or following incorporation into the work.

           8. Granting of progress payment or payments by the County, or receipt thereof by
              Contractor, shall not be understood as constituting in any sense acceptance of
              work or of any portion thereof, and shall in no way lessen liability of Contractor
              to replace unsatisfactory work or material, though unsatisfactory character of
              work or material may have been apparent or detected at time payment was made.

           9. When the County shall charge sum of money against Contractor under any
              provision of Contract, amount of charge shall be deducted and retained by the
              County from amount of next succeeding progress payment or from any other
              monies due or that may become due Contractor under Contract. If, on completion
              or termination of Contract, such monies due Contractor are found insufficient to
              cover the County's charges against him, the County shall have right to recover
              balance from Contractor or Sureties.

1.9   RETENTION

      A.   Pursuant to provisions of Public Contract Code Section 22300, substitution of
           securities for any monies withheld under Contract to insure performance is permitted
           under following conditions:

           1. At request and expense of Contractor, securities listed in Section 16430 of the
              Government Code, bank or savings and loan certificates of deposit, interest
              bearing demand deposit accounts, standby letters of credit, or any other security
              mutually agreed to by Contractor and the County which are equivalent to the
              amount withheld under retention provisions of Contract shall be deposited with
              Controller or with a state or federally chartered bank in California, as the escrow
              agent, who shall then pay such monies to Contractor. Upon satisfactory
              completion of Contract, securities shall be returned to Contractor.

           2. Alternatively, Contractor may request and the County shall make payment of
              retentions earned directly to the escrow agent at the expense of the Contractor. At
              the expense of the Contractor, the Contractor may direct the investment of the
              payments into securities and the Contractor shall receive the interest earned on
              the investments upon the same terms provided for in this Section for securities
              deposited by the Contractor. Upon satisfactory completion of the Contract, the
              Contractor shall receive from escrow agent all securities, interest, and payments
              received by the escrow agent from the County, pursuant to the terms of this
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               Section. The Contractor shall pay to each subcontractor, not later than twenty
               (20) days after receipt of the payment, the respective amount of interest earned,
               net of costs attributed to retention withheld from each subcontractor, on the
               amount of retention withheld to insure the performance of the Contractor.

            3. Contractor shall be beneficial owner of securities substituted for monies withheld
               and shall receive any interest thereon.

            4. Contractor shall enter into escrow agreement with Controller as authorized under
               Public Contract Code Section 22300, specifying amount of securities to be
               deposited, terms and conditions of conversion to cash in case of default of
               Contractor, and termination of escrow upon completion of Contract.

1.10   FINAL PAYMENT

       A.   As soon as practicable after all required work is completed in accordance with
            Contract, including Contractor maintenance after Final Acceptance, the County will
            pay to Contractor, in manner provided by law, unpaid balance of contract price of
            work, or whole contract price of work if no progress payment has been made,
            determined in accordance with terms of Contract, less sums as may be lawfully
            retained under any provisions of Contract or by law.

       B.   Prior progress payments shall be subject to correction in the final payment.
            Architect's determination of amount due as final payment shall be final and
            conclusive evidence of amount of work performed by Contractor under Contract, and
            shall be full measure of compensation to be received by Contractor.

       C.   Contractor and each assignee under an assignment in effect at time of final payment,
            and as a condition precedent to final payment, shall release the County, its officers,
            agents, employees, Architect and all consultants from liabilities, obligations, and
            claims arising under Contract.

1.11   EFFECT OF PAYMENT

       A.   Payment will be made by the County, based on the Architect's observations at the site
            and the data comprising the Application for Payment. Payment will not be a
            representation that the Architect has:

            1. Made exhaustive or continuous on-site inspections to check the quality or
               quantity of work

            2. Reviewed construction means, methods, techniques, sequences or procedures

            3. Reviewed copies of requisitions received from subcontractors and material
               suppliers and other data requested by the County to substantiate Contractor's right
               to payment
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           4. Made examination to ascertain how or for what purpose Contractor has used
              money previously paid on account of the Contract Sum.

2.0   PRODUCTS

      A.   Not applicable to this Section.

3.0   EXECUTION

      A.   Not applicable to this Section.


                                    END OF SECTION
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SECTION 012600 - MODIFICATION PROCEDURES

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes the description of general procedural requirements for
           alterations, modifications and extras.

1.2   RELATED SECTIONS

      A.   Section 011000, Summary of Work

      B.   Section 012200, Unit Prices: Measurement and Payment

      C.   Section 012613, Requests For Information

1.3   GENERAL

      A.   Any change in scope of work or deviation from Drawings or Specifications shall be
           accomplished only when authorized in writing by Architect.

      B.   Changes in scope of work or deviation from Drawings or Specifications may be
           initiated only by the Contractor or the Architect.

           1. Contractor may initiate changes by submitting Requests For Information (RFI),
              Notice of Concealed or Unknown Conditions, or Notice of Hazardous Waste
              Conditions.

                a. RFIs shall be submitted to seek clarification of Contract Documents.

           2. Contractor shall be responsible for its costs to implement and administer RFIs
              throughout the Contract duration. Regardless of the number of RFIs submitted,
              Contractor will not be entitled to additional compensation. Contractor shall be
              responsible for both the Santa Clara County Office of Education's and Architect's
              administrative costs for answering its RFIs where the answer could reasonably be
              found by reviewing the Contract Documents, as determined by Architect; such
              costs will be deducted from progress payments.

           3. Architect may initiate changes by issuing a Supplemental Instruction.

           4. Architect may initiate changes by issuing Requests For Proposal (RFP) to
              Contractor. Such RFPs will detail all proposed changes in the work and request a
              quotation of changes in Contract Sum and Contract Times from Contractor.
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1.4   PROCEDURE

      A.   Contractor shall submit RFI to Architect. Architect shall respond by issuing a
           Clarification.

           1. If Contractor is satisfied with the Clarification and does not request change in
              Contract Sum or Contract Times, then the Clarification shall be executed without
              a change.

           2. If Contractor believes that the Clarification results in change in Contract Sum or
              Contract Times, Contractor shall notify Architect who may then deny request for
              change or issue RFP.

      B.   Contractor shall submit Notices of Concealed or Unknown Conditions to resolve
           unanticipated conditions incurred in the execution of the work. If Architect
           determines that a change in Contract Sum or contract Times is justified, Architect
           shall issue RFP. Architect shall issue Supplemental Instruction to Contractor.
           Contractor shall not proceed with Supplemental Instruction until Architect approves
           it in writing.

           1. If Contractor is satisfied with Supplemental Instruction and does not request
              change in Contract Sum or Contract Times, then Supplemental Instruction shall
              be executed without a Change Order.

           2. If Contractor believes that Supplemental Instruction results in change in Contract
              Sum or Contract Times, Contractor shall notify Architect. Architect may then
              deny request for change, cancel Clarification or issue RFP.

      C.   Responses by recipients shall be within a reasonable time.

      D.   Contractor shall respond to Architect's RFP within fifteen (15) working days by
           furnishing a complete breakdown of costs of both credits and extras; itemizing
           materials, labor, taxes, overhead and profit. Subcontract work shall be so indicated.

      E.   Upon approval of RFP, Architect will issue a Change Order directing Contractor to
           proceed with extra work.

      F.   Payment shall be made as follows:

           1. Change Orders which increase Contract Sum or Contract Times shall be included
              in next Contract Modification Form, signed by Architect, accepted by Contractor.

           2. Payment shall be made for Change Order work along with other work in progress
              payment following completion of Change Order work. Partial completion of
              Change Order work shall be paid for that part completed during the period
              covered by the monthly payment request.
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1.5   COST DETERMINATION

      A.   Total cost of extra work shall be the sum of labor costs, material costs, equipment
           rental costs and specialist costs as defined herein plus overhead and profit as allowed
           herein. This limit applies in all cases of claims for extra work, whether calculating
           Change Orders, RFPs, or calculating claims of all types, and applies even in the event
           of fault, negligence, strict liability, or tort claims of all kinds, including
           misrepresentation, concealment, strict liability or negligence. No other costs arising
           out of or connected with the performance of extra work, of any nature, may be
           recovered by Contractor. No special, incidental or consequential damages may be
           claimed or recovered against Santa Clara County Office of Education, its
           representatives or agents, whether arising from breach of contract, negligence or strict
           liability, unless specifically authorized in the Contract Documents.

      B.   Overhead and Profit:

           1. Overhead shall be as defined in paragraph 1.9, below.

           2. Overhead and profit on labor for extra work shall be 15 percent (15%).

           3. Overhead and profit on materials for extra work shall be 15 percent (15%).

           4. Overhead and profit on equipment rental for extra work shall be 15 percent
              (15%).

           5. When extra work is performed by a first tier subcontractor, Contractor shall
              receive a 10 percent (10%) markup on subcontractors' total costs of extra work.

           6. When extra work is performed by a lower tier subcontractor, Contractor shall
              receive a 10 percent (10%) markup on the lower tier subcontractors' total costs of
              extra work. Contractor and first tier subcontractors shall divide the markup as
              mutually agreed.

           7. Credit for overhead and profit on deleted work shall be 5% for the Contractor
              actually performing the work plus applicable reductions insurance and bond cost.

      C.   Taxes:

           1. Santa Clara County Sales Tax should be included.

           2. Federal and Excise Tax shall not be included.

      D.   County-Operated Equipment: When County-operated equipment is used to perform
           extra work, Contractor will be paid for equipment and operator as follows:

           1. Payment for equipment will be made in accordance with paragraph 1.6D, below.
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           2. Payment for cost of labor will be made at no more than rates of such labor
              established by State of California Department of Industrial Relations schedule of
              Prevailing Wages at the time such work was performed, whether or not the labor
              was actually covered by such an agreement.

1.6   COST BREAKDOWN

      A.   Contractor to submit complete breakdown cost proposal identifying labor hours x
           rate, material quantity x unit price, equipment rental hours x rate and subcontract cost
           proposals. Markups shall be shown as a separate line-item on the proposal in
           accordance with paragraph 1.5B, above. Subcontractors and vendors shall also
           provide cost breakdowns in accordance with the requirements of the Contract and this
           Section.

      B.   Labor: Contractor will be paid cost of labor for workers (including forepersons when
           authorized by Architect) used in actual and direct performance of extra work. Labor
           rate, whether employer is Contractor, subcontractor or other forces, will be sum of
           following:

           1. Actual Wages - Actual wages paid shall include any employer payments to or on
              behalf of workers for health and welfare, pension, vacation and similar purposes.

           2. Labor Surcharge - Payments imposed by Santa Clara County Office of Education,
              County, State and Federal laws and ordinances, and other payments made to, or
              on behalf of, workers, other than actual wages as defined in subparagraph 1
              above, such as taxes and insurances. Labor surcharge shall be as set forth in
              California Department of Industrial Relations labor rate classification schedule
              which is in effect on date upon which extra work is accomplished and which
              schedule is incorporated herein by reference as though fully set forth herein.

      C.   Material: Only materials furnished by Contractor and necessarily used in performance
           of extra work will be paid for. Cost of such materials will be cost, including sales tax,
           to purchaser (Contractor, subcontractor or other forces) from supplier thereof, except
           as the following are applicable:

           1. If cash or trade discount by actual supplier is offered or available to purchaser, it
              shall be credited to Santa Clara County Office of Education notwithstanding fact
              that such discount may not have been taken.

           2. For materials salvaged upon completion of extra work, salvage value of materials
              shall be deducted from cost, less discount, of materials.

           3. If cost of a material is, in opinion of Architect, excessive, then cost of material
              shall be deemed to be lowest current wholesale price at which material is
              available in quantities concerned delivered to Site, less any discounts as provided
              in subparagraph 1 above.
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D.   Equipment Rental: For Contractor or subcontractor-owned equipment, payment will
     be made at rental rates listed for equipment in California Department of
     Transportation official equipment rental rate schedule which is in effect on date upon
     which extra work is accomplished and which schedule is incorporated herein by
     reference as though fully set forth herein. For rented equipment, payment will be
     made based on actual rental invoices. Equipment used on extra work shall be of
     proper size and type. If, however, equipment of unwarranted size or type and cost is
     used, cost of use of equipment shall be calculated at rental rate for equipment of
     proper size and type. Rental rates paid shall be deemed to cover cost of fuel, oil,
     lubrication, supplies, small tools, necessary attachments, repairs and maintenance of
     any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise
     specified, manufacturer's ratings, and manufacturer approved modifications, shall be
     used to classify equipment for determination of applicable rental rates. Individual
     pieces of equipment or tools not listed in said publication and having a replacement
     value of one-hundred dollars ($100) or less, whether or not consumed by use, shall be
     considered to be small tools and no payment will be made therefor as payment is
     included in payment for labor. Rental time will not be allowed while equipment is
     inoperative due to breakdowns.

     1. For equipment on Site, rental time to be paid for equipment shall be time
        equipment is in operation on extra work being performed or on standby as
        approved by Architect. The following shall be used in computing rental time of
        equipment:

         a. When hourly rates are listed, less than thirty (30) minutes of operation shall
            be considered to be one-half (1/2) hour of operation.

         b. When daily rates are listed, less than four (4) hours of operation shall be
            considered to be one-half (1/2) day of operation.

     2. For equipment which must be brought to Site to be used exclusively on extra
        work, cost of transporting equipment to Site and its return to its original location
        shall be determined as follows:

         a. Santa Clara County Office of Education will pay for costs of loading and
            unloading equipment.

         b. Cost of transporting equipment in low bed trailers shall not exceed hourly
            rates charged by established haulers.

         c. Cost of transporting equipment shall not exceed applicable minimum
            established rates of California Public Utilities Commission.

         d. Payment for transporting, and loading and unloading equipment as above
            provided will not be made if equipment is used on work in any other way than
            upon extra work.
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           3. Rental period shall begin at time equipment is unloaded at Site of extra work and
              terminate at end of day on which Architect directs Contractor to discontinue use
              of equipment. Excluding Saturdays, Sundays, and legal holidays, unless
              equipment is used to perform extra work on such days, rental time to be paid per
              day shall be four (4) hours for zero (0) hours of operation, six (6) hours for four
              (4) hours of operation and eight (8) hours for eight (8) hours of operation, time
              being prorated between these parameters. Hours to be paid for equipment which
              is operated less than eight (8) hours due to breakdowns, shall not exceed eight (8)
              less number of hours equipment is inoperative due to breakdowns.

      E.   Work Performed by Special Forces or Other Special Services: When Architect and
           Contractor, by agreement, determine that special service or item of extra work cannot
           be performed by forces of Contractor or those of any subcontractors, service or extra
           work item may be performed by specialist. Invoices for service or item of extra work
           on basis of current market price thereof may be accepted without complete
           itemization of labor, material, and equipment rental costs when it is impracticable and
           not in accordance with established practice of special service industry to provide
           complete itemization. In those instances wherein Contractor is required to perform
           extra work necessitating a fabrication or machining process in a fabrication or
           machine shop facility away from Site, charges for that portion of extra work
           performed in such facility may, by agreement, be accepted as a specialist billing.
           Architect must be notified in advance of all off site work. To specialist invoice price,
           less credit to Santa Clara County Office of Education for any cash or trade discount
           offered or available, whether or not such discount may have been taken, will be added
           15 percent (15%) in lieu of overhead and profit provided in paragraph 1.5B, above.

      F.   Deleted Work and Credits: When a change request, RFI, RFP, or Construction
           Change Directive includes both additive and deductive work, the total mark-up shall
           be on the net sum of the change.

1.7   FORCE-ACCOUNT

      A.   If it is impracticable because of nature of work, or for any other reason, to fix an
           increase or decrease in price definitely in advance, a Construction Change Directive
           may be issued in accordance with Article 7.3 Construction Change Directives from
           General Conditions of the Contract for Construction, AIA Document A201-1997
           (included in Part A of these Construction Documents) to fix a maximum price which
           shall not under any circumstances be exceeded, and subject to such limitation, such
           alteration, modification or extra shall be paid for at actual necessary cost as
           determined by Santa Clara County Office of Education, which cost shall be
           determined pursuant to paragraph 1.5, above, and shall be known as Force-Account
           work.

      B.   Whenever any Force-Account work is in progress, definite price for which has not
           been agreed on in advance, Contractor shall report to Architect each day in writing in
           detail amount and cost of labor and material used, and any other expense incurred in
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            Force-Account work on preceding work day, and no claim for compensation for
            Force-Account work will be allowed unless report shall have been made.

      C.    Above described methods of determining payment for work and materials shall not
            apply to performance of work or furnishings of material which, in judgment of
            Architect, may properly be classified under items for which prices are established in
            Contract.

1.8   FURNISHED MATERIALS (by Santa Clara County Office of Education)

      A.    Santa Clara County Office of Education reserves right to furnish materials as it deems
            advisable, and Contractor shall have no claims for costs and overhead and profit on
            such materials.

1.9   OVERHEAD DEFINED

      A.    The following constitutes charges that are included in overhead for all contract
            modifications, including Force-Account work:

            1. Drawings: field drawings, shop drawings, etc. including submissions of drawings.

            2. Routine field inspection of work proposed.

            3. General Superintendence.

            4. General administration and preparation of change orders.

            5. Computer services.

            6. Reproduction services.

            7. Salaries of project engineer, project manager, superintendent, timekeeper,
               storekeeper and secretaries.

            8. Janitorial services.

            9. Temporary on-site facilities.

               a. Offices

               b. Telephones

               c. Plumbing

               d. Electrical: Power, lighting

               e. Platforms
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                f. Fencing, and so on.

                g. Home office expenses.

                h. Procurement and use of vehicles and fuel used coincidentally in base bid
                   work.

                i.   Surveying

                j.   Estimating

                k. Protection of work

                l.   Final cleanup

                m. Other incidental work

1.10   RECORDS AND CERTIFICATION

       A.   Force-Account (cost reimbursement) charges shall be recorded daily upon Cost
            Breakdown for Contract Modification Form obtained from or approved by the
            Architect. Contractor or authorized representative shall complete and sign form.
            Architect or Inspector shall sign form indicating approval of labor and equipment
            hours and material used only. Contract Modification Form shall provide names and
            classifications of workers and hours worked by each, itemize materials used, and also
            list size type and identification number of equipment, and hours operated, and shall
            indicate work done by specialists.

       B.   No payment for Force-Account work shall be made until Contractor submits original
            invoices substantiating materials and specialist charges.

       C.   Santa Clara County Office of Education shall have the right to audit all records in
            possession of Contractor relating to activities covered by Contractor's claims for
            modification of Contract, including Force-Account work, as set forth in Article 7.3
            Construction Change Directives from General Conditions of the Contract for
            Construction, AIA Document A201-1997 (included in Part A of these Construction
            Documents).

       D.   Further, Santa Clara County Office of Education shall have right to audit, inspect, or
            copy all records maintained in connection with this Contract, including financial
            records, in possession of Contractor relating to any transaction or activity occurring
            or arising out of, or by virtue of, Contract. If Contractor is a joint venture, right of
            Santa Clara County Office of Education shall apply collaterally to same extent to
            records of joint venture sponsor, and of each individual joint venture member.
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2.0   PRODUCTS

      A.   Not applicable to this Section.

3.0   EXECUTION

      A.   Not applicable to this Section.


                                    END OF SECTION
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SECTION 012613 - REQUESTS FOR INFORMATION

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes the procedures to be followed by the Contractor upon discovery
           of any apparent conflicts, omissions, or errors in the contract documents, or upon
           having any questions concerning interpretation.

1.2   PROCEDURES

      A.   Notification by Contractor: Should the Contractor discover conflicts, omissions, or
           errors in the contract documents, or have any questions concerning interpretation or
           clarification of the contract documents, or if it appears to the contractor that work to
           be done or any matter relative thereto are not sufficiently detailed or explained in the
           contract documents, then, before proceeding with the work affected, the Contractor
           shall immediately notify the Architect in writing and request interpretation,
           clarification, or additional detailed instructions concerning the work. The Contractor
           shall ask for any clarification or request for information immediately upon discovery,
           but no less than fifteen (15) days prior to the start date of the activities related to the
           clarification, based on the latest updated version of the accepted contract schedule.

      B.   Form: The Contractor shall submit all requests for clarification and/or additional
           information in writing to the Architect using the Request For Information (RFI) form
           provided by the Architect.

      C.   The Contractor will number RFIs consecutively with the date of issue, except for
           reissuance of a respective RFI in which the subscript a, b, c, and so on, will be added
           until the RFI is resolved.

      D.   Response Time: The Architect, whose decision will be final and conclusive, shall
           resolve such questions and issue instruction to the Contractor within a reasonable
           amount of time, but no less than 14 calendar days. In some cases, this time may need
           to be lengthened or shortened for emergency situations as mutually agreed upon by
           all parties. Should the Contractor proceed with the work affected before receipt of a
           response from the Architect within the response time described above, any portion of
           the work which is not done in accordance with the Architect's interpretation,
           clarifications, instructions, or decisions subject to removal or replacement and the
           Contractor shall be responsible for all losses.

      E.   Reason for Submission: The Contractor may submit RFIs if one of the following
           conditions occur:

           1. The Contractor discovers an unforeseen condition or circumstance that is not
              described in the contract documents.
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     2. The Contractor discovers an apparent conflict or discrepancy between portions of
        the contract documents and appears to be inconsistent or is not reasonably
        inferred from the intent of the contract documents.

     3. The Contractor discovers what appears to be an omission from the contract
        documents that cannot be reasonably inferred from the intent of the contract
        documents.

F.   Rejections: RFIs will not be recognized or accepted if in the opinion of the Architect
     one of the following conditions exists:

     1. The Contract submits an RFI as a submittal.

     2. The Contractor submits the RFI under the pretense of a contract documents
        discrepancy or omission without thoroughly reviewing the documents.

     3. The Contractor submits the RFI in a manner that suggests that specific portions of
        the contract documents are assumed to be excluded, or taken as an isolated
        portion of the contract documents in part rather than whole.

     4. The Contractor submits an RFI in an untimely manner without proper
        coordination and scheduling of work or related trades.

G.   Subject: Each RFI shall be limited to one subject.

H.   Additional Detailed Instructions: The Architect may furnish additional detailed
     written instructions to further explain the work, and such instructions shall be a part
     of the contract documents. Should additional detailed instructions in the opinion of
     the Contractor constitute work in excess of the scope of the contract the Contractor
     shall submit notification immediately and written notification thereof to the Architect
     no more than seven calendar days following receipt of such instruction, and in any
     event prior to the commencement of work thereon. The Architect will then consider
     such notice, and if the Architect considers it justified, the Architect's instructions will
     be revised or a proposed change order will be issued. The Contractor shall have no
     claim for additional compensation or extension of the schedule because of any such
     additional instructions unless the Contractor provides the Architect written notice
     thereof within the time frame specified above. In addition, the Contractor shall within
     15 days from the date of notification provide detailed justification and analysis as
     well as compete pricing and schedule CPM network analysis to support any request
     for time extension. For more details, see Article 7 Changes in the work from General
     Conditions of the Contract for Construction, AIA Document A201-1997 (Part A of
     these Construction Documents).


                               END OF SECTION
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SECTION 012663 - CHANGE ORDER PROCEDURES

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes the following:

           1.     Submittals.

           2.     Documentation of change in Contract Sum and Contract Time.

           3.     Change procedures.

           4.     Execution of change orders.

           5.     Correlation of Contractor submittals.

1.2   RELATED SECTIONS

      A.   Documents affecting this Section include, but are not necessarily limited to, General
           Conditions, Special Conditions and Division 1 of these Contract Documents.

           a.     General Conditions: Governing requirements for changes in the Work, in
                  Contract Sum, and Contract Time.

           b.     Section 013300, Submittal Procedures

           c.     Section 017700, Contract Closeout Procedures

1.3   SUBMITTALS

      A.   Submit name of the individual authorized to receive change documents, and be
           responsible for informing others in Contractor's employ or Subcontractors of changes to
           the Work.

      B.   Change Order Forms: Forms approved by Construction Manager.

1.4   DOCUMENTATION OF CHANGE IN CONTRACT SUM AND CONTRACT TIME

      A.   Maintain detailed records or work done on a time and materials basis. Provide a
           complete description of the proposed change together with complete information
           required for evaluation and to substantiate costs of all changes in the Work.

      B.   Document each quotation for a change in cost or time with sufficient data to allow
           evaluation of the quotation.
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      C.   On request, provide additional data to support computations:

           1.     Quantities of products, labor and equipment.

           2.     Taxes, insurance and bonds.

           3.     Justification for any change in Contract Time.

           4.     Credit for deletions from Contract, similarly documented.

      D.   Submit each claim for additional costs, and for work done on a time and material basis,
           with additional information:

           1.     Origin and date of claim.

           2.     Dates and times work was performed, and by whom.

           3.     Time records and wage rates paid.

           4.     Invoices and receipts for products, equipment, and subcontracts, similarly
                  documented.

1.5   CHANGE PROCEDURES

      A.   The Architect will advise of minor changes in the Work not involving an adjustment
           to Contract Sum or Contract Time by issuing supplemental instructions.

      B.   The Architect or Construction Manager may issue a Price Request which includes a
           detailed description of a proposed change with supplementary or revised Drawings
           and Specifications, a change in Contract Time for executing the change, and the
           period of time during which the requested price will be considered valid. Contractor
           shall prepare and submit an estimate within 5 days.

      C.   The Contractor may propose a change by submitting a request for change to the
           Construction Manager describing the proposed change and its full effect on the Work,
           with a statement describing the reason for the change, and the effect on the Contract
           Sum and Contract Time with full documentation.

1.6   EXECUTION OF CHANGE ORDERS

      A.   Upon the County’s approval of a Change Order Proposal, the Architect will issue a
           Change Order for signatures of the County and Contractor, as provided for in the
           General Conditions. The executed Change Order will be submitted by the Architect
           to the Division of the State Architect for their review and approval per California
           Code of Regulations, Title 24, Part 1, Section 4-338.
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      B.   The Change Order constitutes an accord and satisfaction, releasing any claims arising
           out of the extra work.

1.7   CORRELATION OF CONTRACTOR SUBMITTALS

      A.   Promptly revise Schedule of Values and Application for Payment forms to record
           each authorized Change Order as a separate line item and adjust the Contract Sum.

      B.   Promptly revise progress schedules to reflect any changes in Contract Time, revise
           sub-schedules to adjust time for other items of work affected by the change, and
           resubmit.

      C.   Promptly enter changes in Project Record Documents.


                                   END OF SECTION
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SECTION 012976 – APPLICATION FOR PAYMENT

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes procedures for preparation and submittal of Applications for
           Payment.

1.2   RELATED SECTIONS

      A.   Documents affecting work of this Section include, but are not necessarily limited to,
           General Conditions, Special Conditions and Division 1 of these Contract Documents.

      B.   Section 005000, Notice of Intent & Agreement: Contract Sum

      C.   Section 007000, General Conditions: Progress Payments & Final Payment

      D.   Section 013000, Submittal Procedures.

      E.   Section 017700 – Contract Closeout Procedures: Final Payment

1.3   SCHEDULE OF VALUES

      A.   Submit to the construction manager a Schedule of Values allocated to the various
           portions of the work broken down by building and trade, supported by data to
           substantiate its accuracy as the construction manager, architect, inspector of record
           and the County may require. This schedule, when approved, shall be used as a basis
           for the contractor’s application for payment.

      B.   Schedule of Values Form follows this Section.

      C.   Coordinate the Schedule of Values with the Progress Schedule requirements defined
           in Section 013200, Construction Progress Documentation: Schedules and Reports.

1.4   FORMAT

      A.   Application for Payment Form follows this Section, and is titled “Contractor’s
           Request for Payment”.

1.5   PREPARATION OF APPLICATIONS FOR PAYMENT

      A.   Present required information in typewritten form or on electronic media printout.

      B.   Execute certification by signature of authorized officer.
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      C.   Use data from approved Schedule of Values. Provide dollar value in each column for
           each line item for portion of work performed.

      D.   List each authorized change order as an extension to the Schedule of Values, listing
           change order number and dollar amount as for an original item of work.

      E.   Prepare Application for Final Payment as specified in Section 017700, Contract
           Closeout Procedures.

1.6   SUBMITTAL PROCEDURES

      A.   Submit one copy of your pencil draft to the construction manager on the 20 th day of
           the month, projecting work to be complete through the end of that month.

      B.   Construction manager will return pencil draft with comments and signature.

      C.   Once pencil draft is approved, contractor is to submit five (5) copies of each
           Application for Payment.

      D.   Submit at monthly intervals, on or before the 28th day of each month.

      E.   Submit lien waivers with each copy of the Application for Payment.

1.7   SUBSTANTIATING DATA

      A.   When construction manager requires substantiating information, submit data
           justifying dollar amounts in question.

      B.   Provide one copy of data with cover letter for each copy of submittal. Show
           Application number, date and line item by number and description.

1.8   PAYMENT PERIOD

      A.   If the contractor has made a request for payment as stated above, the County will,
           with reasonable promptness, issue payments to the contractor on the next standard
           monthly payment schedule, for such amount as the County, architect, inspector and
           construction manager determine to be properly due. If there are no problems with
           that month’s progress billing, reimbursement for compensation shall be paid to the
           contractor no later than thirty (30) days from the approved progress billing.


                                    END OF SECTION
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SECTION 013113 - PROJECT COORDINATION

1.0   GENERAL

1.1   SUMMARY

      A.   Coordinate the work; do not delegate the responsibility for coordination to any
           Subcontractor.

           1. Resolve differences or disputes concerning coordination, interference, or extent
              of work of the various Sections.

           2. The Contractor's decisions regarding work by subcontractors, if consistent with
              the requirements of the Contract Documents, shall be final.

      B.   Coordinate work to assure efficient and orderly sequence of installation of
           construction elements.

      C.   Perform and complete checking and coordination before commencing work in the
           affected areas.

      D.   Verify characteristics of interrelated operating equipment are compatible; coordinate
           work having interdependent responsibilities for installing, connection to, and placing
           such equipment in service.

      E.   Provide basic layouts of grid lines and station points on subfloors as necessary to
           facilitate coordination and layout of partitions and work at and above ceilings.

      F.   Make provisions for accommodating work to be provided by others.

1.2   COORDINATION

      A.   Coordination scheduling, submittals, and work of the various Sections of these
           Contract Documents to assure efficient and orderly sequence of work with provisions
           for accommodating items to be installed later and for accommodating items to be
           installed by the County and other Bid Division Contractors.

      B.   Resolve differences or disputes concerning coordination, interference, or extent of
           work of the various Sections of these Contract Documents. Contractor’s decisions if
           consistent with the requirements of the Contract Documents shall be final.

      C.   Coordinate completion and clean-up of work of separate Sections in preparation for
           Final Completion.

      D.   Coordinate requests for substitutions to assure compatibility of space, of operating
           elements, and effect on work of other Sections.
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      E.   Coordinate sequence of work to accommodate County occupancy as specified in
           Section 00210, Preliminary Schedule and Liquidated Damages.

1.3   COORDINATION DRAWINGS

      A.   Prepare large-scale coordination drawings before beginning fabrication or delivery of
           materials and equipment to the job site.

           1. Drawings shall clearly indicate coordination of mechanical, electrical, and
              equipment installations with structural and architectural elements.

      B.   Keep copies of coordination drawings at the job site.

      C.   The Architect will verify that coordination drawings have been made, but no review
           of the drawings will be made.

1.4   MECHANICAL AND ELECTRICAL COORDINATION

      A.   Use coordination drawings of mechanical and electrical work, together with Shop
           Drawings and layout drawings of affected work to check; coordinate and integrate the
           work to prevent interferences.

      B.   Coordinate space requirements and installation of mechanical and electrical work
           which are indicated diagrammatically on Drawings.

      C.   Routing shown for pipes, ducts, and conduits is diagrammatic only; make runs
           parallel with lines of building.

      D.   Utilize spaces efficiently to maximize accessibility for other installation, for
           maintenance, and for repairs.

      E.   Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated;
           coordinate locations of fixtures and outlets with finish elements.

2.0   PRODUCTS

      A.   Not applicable to this Section.

3.0   EXECUTION

      A.   Not applicable to this Section.


                                    END OF SECTION
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SECTION 013119 - PROJECT MEETINGS

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes the following:

           1. Pre-Construction Conference

           2. Progress Meetings

           3. Billing Meetings

           4. Pre-Installation Conference

           5. Schedule Approval Meetings

1.2   RELATED SECTIONS

      A.   Documents affecting this Section include, but are not necessarily limited to, General
           Conditions, Special Conditions and Division 1 of these Contract Documents.

      B.   Section 017700, Contract Closeout Procedures

1.3   PRE-CONSTRUCTION CONFERENCE

      A.   Prior to commencement of work, a pre-construction conference shall be held to
           discuss procedures to be followed during the progress of the work.

           1. The preconstruction conference will be held at a location designated by the
              Architect.

      B.   Attending the conference shall be:

           1. Santa Clara County Office of Education's representatives.

           2. Architect's representatives.

           3. Santa Clara County Office of Education's consultants.

           4. Architect's subconsultants.

           5. Contractor's representatives.

           6. Contractor's superintendent.
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           7. Designated major Subcontractors.

           8. Others requested by the Architect.

      C.   The Agenda of the meeting shall include:

           1. Submission of executed bonds and insurance certificates.

           2. Distribution of Contract Documents.

           3. Submission of Schedule of Values and Progress Schedule.

           4. Designation of personnel representing the parties in Contract, the Construction
              Manager and the Architect.

           5. Procedures and processing of field decisions, submittals, substitutions,
              Applications for Payments, proposal requests, Change Orders and Contract
              Closeout Procedures.

           6. Hazardous Materials Abatement.

1.4   PROGRESS MEETINGS

      A.   Weekly progress meetings shall be held throughout the progress of the work; location
           shall be in Architect's field office.

      B.   The Architect will prepare agenda with copies for participants, preside at meetings,
           record minutes and distribute copies within three (3) work days to the Architect,
           meeting participants, and those affected.

      C.   Attendance and Participation: Project superintendent, Santa Clara County Office of
           Education, Architect, Architect's subconsultants, Santa Clara County Office of
           Education's consultants, and major subcontractors as appropriate to agenda topics for
           each meeting.

      D.   Suggested Agenda:

           1. Review of minutes of previous meetings

           2. Review of work progress

           3. Field observations, problems and decisions

           4. Identification of problems which impede planned progress

           5. Review of submittals schedule and status of submittals
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           6. Maintenance of progress schedule by Bid Package A Contractor

           7. Corrective measures to regain projected schedules

           8. Planned progress during succeeding work period

           9. Coordination of projected progress

           10. Maintenance of quality and work standards

           11. Effect of proposed changes on progress schedule and coordination

           12. Status of progress CPM schedule and adjustments

           13. Delivery schedules

           14. Review of RFIs

           15. Review of pending changes and substitutions.

      E.   Special Meetings: Schedule and administer other meetings as required by the
           progress of the work and to review provisions and tests specified elsewhere in the
           Contract Documents.

           1. Schedule special meetings when so requested by the Architect.

1.5   BILLING MEETINGS

      A.   As part of the last progress meeting each month, schedule and hold a billing meeting,
           with the Architect in attendance.

           1. Purpose of billing meeting is for agreeing on the percentage of work completed to
              that date and to establish the sum to be requested in the Application for Payment.

      B.   Prepare an itemized draft of the month's proposed billing for review at the meeting.

1.6   PRE-INSTALLATION/APPLICATION MEETINGS

      A.   Meetings to review installation and application shall be scheduled a minimum of
           fourteen (14) days prior to the start of installations and applications.

           1. Attending shall be Project superintendent, Santa Clara County Office of
              Education, Architect, manufacturers' representatives and installers of products
              involved, other installers whose work may affect or be affected by the work to be
              reviewed, and Testing Laboratory Inspector.
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      B.   Review in detail the Contract Documents and manufacturers' requirements,
           Specifications, installation drawings and details, and Drawings and Details of
           affected work.

           1. Resolve discovered and anticipated conflicts, incompatibilities, and inadequacies
              at the conference.

      C.   Review in detail Project conditions, schedules, construction sequence, requirements
           for applications and qualities of completed applications, and protection of adjacent
           work and property.

      D.   Review in detail means of protecting the completed applications during the remainder
           of the construction period.

1.7   SCHEDULE APPROVAL MEETINGS

      A.   Prior to approval of the CPM schedule, the Architect may require that the Contractor
           and its Subcontractors attend meetings to ascertain information for approval of the
           CPM schedule.

      B.   This information may include, but will not be limited to, productivity, manpower
           loading, equipment planning, activity durations, logic, cost loading, and other
           pertinent matters.

      C.   Attending shall be the Contractor, Subcontractors as appropriate, suppliers as
           appropriate, and others as appropriate.

2.0   PRODUCTS

      A.   Not applicable to this Section.

3.0   EXECUTION

      A.   Not applicable to this Section.


                                    END OF SECTION
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SECTION 013200 - CONSTRUCTION PROGRESS
                 DOCUMENTATION: SCHEDULES AND
                 REPORTS

1.0   GENERAL

1.1   SUMMARY

      A.   Scheduling of work under this Contract shall be performed by Contractor in
           accordance with requirements of this Section.

      B.   Upon Award of Contract, Contractor shall immediately commence development of
           the Schedule to ensure compliance with schedule submittal requirements.

      C.   Contract schedule shall be based on and incorporate Contract milestone and
           completion dates specified in Contract Documents.

      D.   Overall time of completion and time of completion for each milestone shown on
           Contract schedule shall adhere to times specified in the Contract Special Provisions.

           1. The Architect is not required to accept an earlier (advanced) schedule.

           2. Contractor shall not be entitled to any compensation for any field or home office
              overhead in event agreement is not reached on an earlier (advanced) schedule and
              Contractor completes its work, for whatever reason, beyond completion date
              shown in earlier (advanced) schedule.

           3. A schedule showing the work completed in less than the Contract time, which has
              been accepted by the Architect, shall be considered to have Project Float. The
              Project Float is the time between the scheduled completion of the work and
              Contract Substantial Completion.

           4. Project Float is a resource available to both the Architect and the Contractor.

      E.   Contract schedule shall be basis for evaluating job progress, payment requests, and
           time extension requests. Responsibility for developing Contract CPM schedule and
           monitoring actual progress as compared to schedule rests with Contractor.

      F.   Failure of Contract schedule to include any element of the work or any inaccuracy in
           Contract Schedule will not relieve Contractor from responsibility for accomplishing
           the work in accordance with the Contract.

      G.   Float Ownership: Neither the Santa Clara County Office of Education nor the
           Contractor owns float.
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           1. The Project owns the float. As such, liability for delay of the Substantial
              Completion Date rests with the party whose actions, last in time, actually cause
              delay to the Substantial Completion.

              a. For example, if Party A uses some, but not all of the float and Party B later
                 uses remainder of the float as well as additional time beyond the float, Party
                 B shall be liable for the time that represents a delay to the Substantial
                 Completion Date.

              b. Under this scenario, Party A would not be responsible for the time since it did
                 not consume all of the float and additional float remained; therefore, the
                 Substantial Completion Date was unaffected.

      H.   Progress Schedule shall be the basis for evaluating job progress, payment requests,
           and time extension requests. Responsibility for developing Contract schedule and
           monitoring actual progress as compared to Progress Schedule rests with Contractor.

      I.   Failure of Progress Schedule to include any element of the work or any inaccuracy in
           Progress Schedule will not relieve Contractor from responsibility for accomplishing
           the work in accordance with the Contract. Santa Clara County Office of Education's
           acceptance of Schedule shall be for its use in monitoring and evaluating job progress,
           payment requests, and time extension requests, and shall not, in any manner, impose
           a duty of care upon Santa Clara County Office of Education, or act to relieve
           Contractor of its responsibility for means and methods of construction.

1.2   ORIGINAL CPM SCHEDULE

      A.   Within thirty (30) calendar days after the Notice to Proceed date, submit a detailed
           proposed Original CPM Schedule presenting an orderly and realistic plan for
           completion of the work, in conformance with requirements as specified herein.

      B.   Contract schedule shall furnish or comply with following requirements:

           1. Time-scaled CPM schedule.

           2. No activity on schedule shall have duration longer than fifteen (15) workdays,
              with exception of submittal, approval, fabrication and procurement activities,
              unless otherwise approved by the Architect.

              a. Activity durations shall be total number of actual work days required to
                 perform that activity excluding consideration of weather impact on
                 completion of that activity.

           3. Procurement of major equipment, through receipt and inspection at jobsite,
              identified as a separate activity.
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     4. County-furnished materials and equipment, if any, identified as separate
        activities.

     5. Dependencies (or relationships) between activities.

     6. Processing/approval of submittals and shop drawings for all Contract-required
        material and equipment. Activities that are dependent on submittal acceptance or
        material delivery shall not be scheduled to start earlier than expected acceptance
        or delivery dates.

        a. The duration for review and approval of submittals and shop drawings shall
           be as specified in Section 013300, Submittal Procedures. Contractor shall be
           responsible for all impacts resulting from resubmittal of Shop Drawings and
           submittals.

     7. Twenty (20) workdays for developing punch list(s), completion of punch list
        items, and final clean-up for the work or any designated portion thereof.

        a. No other activities shall be scheduled during this period.

     8. Interface with the work of other contractors (and agencies such, as but not limited
        to, utility companies).

     9. Show detailed Subcontractor work activities.

     10. Activity durations shall be in work days.

C.   Adjustments to Original CPM Schedule: Within fourteen (14) calendar days after
     receipt of the Architect's response to the Contractor's Original CPM Schedule, the
     Contractor shall have adjusted the Original CPM Schedule submittal to address all
     review comments and resubmit for the Architects review.

     1. The Architect, within ten (10) calendar days from date that Contractor submitted
        the revised schedule, will either (1) accept schedule as submitted, or (2) advise
        Contractor in writing to review any part or parts of schedule which either do not
        meet Contract requirements or are unsatisfactory for the Architect to monitor
        Project's progress, resources and status or evaluate monthly payment request by
        Contractor.

     2. The Architect may accept schedule with conditions. At the first monthly meeting the
        CPM schedule update shall be revised to correct deficiencies identified.

     3. When schedule is accepted, it shall be considered as the "Original CPM
        Schedule" which will then be immediately updated to reflect the current status of
        the work.
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           4. The Architect reserves right to require the Contractor to adjust, add to, or clarify any
              portion of schedule which may later be discovered to be insufficient for monitoring
              of work or approval of partial payment requests. No additional compensation will be
              provided for such adjustments, additions, or clarifications.

      D.   Acceptance: Acceptance of Contractor's schedule by the Architect will be based
           solely upon schedule's compliance with Contract requirements.

           1. By way of Contractor assigning activity durations and proposing sequence of
              work, Contractor agrees to utilize sufficient and necessary management and other
              resources to perform work in accordance with the schedule.

           2. Upon submittal of schedule update, updated schedule shall be considered
              "current" CPM schedule.

           3. Submission of Contractor's schedule to the Architect shall not relieve Contractor
              of total responsibility for scheduling, sequencing, and pursuing work to comply
              with requirements of Contract Documents, including adverse effects such as
              delays resulting from ill-timed work.

      E.   Submittal of Original CPM Schedule, and subsequent schedule updates, shall be
           understood to be Contractor's representation that the Schedule meets requirements of
           Contract Documents and that work shall be executed in sequence indicated on the schedule.

      F.   Contractor shall distribute Original CPM Schedule to Subcontractors for review and
           acceptance.

1.3   MONTHLY CPM SCHEDULE UPDATE SUBMITTALS

      A.   Following acceptance of Contractor's Original CPM Schedule, Contractor shall
           monitor progress of work and adjust schedule each month to reflect actual progress
           and any anticipated changes to planned activities.

           1. Each schedule update submitted shall be complete, including all information
              requested for the Original CPM Schedule submittal.

           2. Each update shall continue to show all work activities including those already
              completed.

           3. These completed activities shall accurately reflect "as built" information by
              indicating when activities were actually started and completed.

           4. Within seven (7) calendar days of receipt of above noted update, the Architect
              will either accept or reject monthly schedule update submittal.

               a. If accepted, percent complete shown in monthly update will be basis for
                  Application for Payment by the Contractor. The schedule update shall be
                  submitted as part of the Contractor's Application for Payment.
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               b. If rejected, update shall be corrected and resubmitted by Contractor before the
                  Application for Payment is submitted.

1.4   SCHEDULE REVISIONS

      A.   Updating the Schedule to reflect actual progress shall not be considered revisions to
           the Schedule. Since scheduling is a dynamic process, revisions to activity durations
           and sequences are expected on a monthly basis.

      B.   If the Contractor's revision is not accepted by the Architect, and the Contractor
           disagrees with the Architect's position, the Contractor has seven (7) calendar days
           from receipt of the Architect's letter, to provide a written narrative explaining its
           position. If the Architect still does not agree with the Contractor's position, the
           Architect's position shall govern, and the schedule shall be updated in accordance
           with the Architect's request. The Contractor's failure to respond in writing within
           seven (7) calendar days shall be contractually interpreted as acceptance of the
           Architect's position, and the Contractor waives its rights to subsequently dispute or
           file a claim regarding the Architect's position.

      C.   At the Architect's discretion, the Contractor can be required to provide subcontractor
           certifications for revisions affecting said subcontractors.

1.5   RECOVERY SCHEDULE

      A.   If the Schedule Update shows a substantial completion date fourteen (14) calendar
           days beyond the Contract Substantial Completion date, the Contractor shall submit to
           the Architect the proposed revisions to recover the lost time within seven (7) calendar
           days. As part of this submittal, the Contractor shall provide a written narrative for
           each revision made to recapture the lost time.

      B.   If the Contractor's revisions are not accepted by the Architect, the Contractor shall
           follow the procedures in Paragraph 1.4, above.

      C.   At the Architect's discretion, the Contractor can be required to provide subcontractor
           certifications for revisions affecting said subcontractors.

1.6   TIME IMPACT EVALUATION FOR CHANGE ORDERS, AND OTHER DELAYS

      A.   When the Contractor is directed to proceed with changed work, the Contractor shall
           prepare and submit, within fourteen (14) calendar days from the direction to proceed,
           a Time Impact Evaluation (TIE) which includes both a written narrative and a
           schedule diagram depicting how the changed work affects other schedule activities.
           The schedule diagram shall show how the Contractor proposes to incorporate the
           changed work in the schedule, and how it impacts the current schedule update critical
           path. The Contractor is also responsible for requesting time extensions based on the
           TIE's impact on the critical path. The diagram must be tied to the main sequence of
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            schedule activities to enable the Santa Clara County Office of Education to evaluate
            the impact of changed work to the scheduled critical path.

      B.    The Contractor shall be required to comply with the requirements of Paragraph 1.6A,
            above, for all types of delays such as, but not limited to, Contractor/Subcontractor
            delays, adverse weather delays, strikes, procurement delays, fabrication delays, and
            so on.

      C.    The Contractor shall be responsible for all costs associated with the preparation of
            Time Impact Evaluations, and the process of incorporating them into the current
            schedule update.

      D.    Once agreement has been reached on a TIE, the Contract Times will be adjusted
            accordingly. If agreement is not reached on a TIE, the Contract Times may be
            extended in an amount the Santa Clara County Office of Education allows, and the
            Contractor may submit a claim for additional time claimed by contractor.

1.7    TIME EXTENSIONS

       A.   The Contractor is responsible for requesting time extensions for time impacts that, in
            the opinion of the Contractor, impact the critical path of the current schedule update.
            Notice of time impacts shall be given in accordance with Article 4 and 8 of the
            Contract General Conditions (refer to AIA Document A201-1997, included in Part A
            of these Construction Documents).

       B.   Where an event for which the Santa Clara County Office of Education is responsible
            impacts the projected Substantial Completion date, the Contractor shall provide a
            written mitigation plan, including a schedule diagram, which explains how (for
            example, increase crew size, overtime, and so on) the impact can be mitigated. The
            Contractor shall also include a detailed cost breakdown of the labor, equipment and
            material the Contractor would expend to mitigate the Santa Clara County Office of
            Education caused time impact. The Contractor shall submit its mitigation plan to the
            Santa Clara County Office of Education within fourteen (14) calendar days from the
            date of discovery of said impact. The Contractor is responsible for the cost to prepare
            the mitigation plan.

       C.   Failure to request time, provide TIE, or provide the required mitigation plan will result in
            Contractor waiving its right to a time extension and cost to mitigate the delay.

       D.   No time will be granted under this Contract for cumulative effect of changes.

       E.   The Santa Clara County Office of Education will not be obligated to consider any
            time extension request unless requirements of Contract Documents are complied
            with.
       F.   Failure of the Contractor to perform in accordance with the current schedule update
            shall not be excused by submittal of time extension requests.
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      G.   If the Contractor does not submit a TIE within the required fourteen (14) calendar
           days for any issue, it is mutually agreed that the Contractor does not require a time
           extension for said issue.

      H.   Santa Clara County Office of Education will grant day-for-day non-compensable time
           extensions for delays to the critical path due to inclement weather.

2.0   PRODUCTS

      A.   Not applicable to this Section.

3.0   EXECUTION

      A.   Not applicable to this Section.


                                         END OF SECTION
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SECTION 013300 - SUBMITTAL PROCEDURES

1.0   GENERAL

1.1   SUMMARY

      A.   This Section describes general requirements for submittals for the work specified in
           these Contract Documents.

           1. Procedures.

           2. Safety Plan.

           3. Progress Schedule.

           4. Shop Drawings.

           5. Samples.

           6. Quality Control Submittals.

              a. Design Data.

              b. Test Reports.

              c. Certificates.

              d. Manufacturers’ Instructions.

           7. Operations and Maintenance Manuals.

           8. Project Record Documents.

1.2   RELATED SECTIONS

      A.   Section 011000, Summary of Work

      B.   Section 012200, Unit Prices: Measurement and Payment

      C.   Section 012600, Modification Procedures

      D.   Section 017700, Contract Closeout Procedures

1.3   PROCEDURES

      A.   Provide at minimum the following quantity of submittals:

           1. Five (5) sets of Submittals and Shop Drawings (two sets will be returned to
              Contractor).

           2. Two (2) sets of Operation and Maintenance Manuals.
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B.   Submit at own expense Schedule of Shop Drawing and Sample Submittals, Safety
     Plans, Progress Schedule, Product Data, Shop Drawings, Samples, Operations and
     Maintenance Manuals, and Project Record Documents required by the Contract
     Documents.

C.   Transmit each item with a standard letter of transmittal in form approved by
     Architect.

D.   Identify project, Contractor, subcontractor, major supplier, pertinent drawing sheet
     and data number, and specification Section number as appropriate. Provide space for
     Contractor and Architect review stamps.

E.   Where manufacturer's standard drawings or data sheets are used, they shall be marked
     clearly show those portions of the data which are applicable to this project.

F.   Submit Shop Drawings, Samples and other submittals to Architect for review and
     approval in accordance with accepted Contract Schedule. If no such schedule is
     agreed upon, then all Shop Drawing, Samples and product data submittals shall be
     completed within thirty (30) days after receipt of Notice to Proceed from the County.
     The data shown on the Shop Drawings shall be complete with respect to quantities,
     dimensions, specified performance and design criteria, materials and similar data to
     show Architect the materials and equipment Contractor proposes to provide and to
     enable Architect to review the information for the limited purposes specified below.
     Samples shall be identified clearly as to material, supplier, pertinent data such as
     catalog numbers and the use for which it is intended and otherwise as Architect may
     require to enable Architect to review the submittal. The number of each sample to be
     submitted will be as specified in the Section.

G.   At the time of each submission, Contractor shall give Architect specific written notice
     of all variations, if any, that the Shop Drawing or sample submitted may have from
     the requirements of the Contract Documents, and the reasons therefore. This written
     notice shall be in a written communication separate from the submittal. In addition,
     Contractor shall cause a specific notation to be made on each Shop Drawing and
     sample submitted to Architect for review and approval of each such variation.
     If the County accepts deviation, the County shall issue appropriate Contract
     Modification.

H.   Submittal coordination and verification is responsibility of Contractor; this
     responsibility shall not be delegated in whole or in part to subcontractors or suppliers.
     Before submitting each Shop Drawing or sample, Contractor shall have determined
     and verified:

         a. All field measurements, quantities, dimensions, specified performance
            criteria, installation requirements, materials, catalog numbers and similar
            information with respect thereto
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         b. All materials with respect to intended use, fabrication, shipping, handling,
            storage assembly and installation pertaining to the performance of the work

         c. All information relative to Contractor's sole responsibilities and of means,
            methods techniques, sequences and procedures of construction and safety
            precautions and programs incident thereto.

I.   Contractor shall also have reviewed and coordinated each Shop Drawing or sample
     with other Shop Drawings and Samples and with the requirements of the work and
     the Contract Documents.

J.   Contractor's submission to Architect of a Shop Drawing or sample submittal will
     constitute Contractor's representation that it has satisfied its obligations under the
     Contract Documents, and as set forth immediately above, with respect to Contractor's
     review and approval of that submittal.

K.   Designation of work "by others," if shown in submittals, shall mean that work will be
     responsibility of Contractor rather than subcontractor or supplier who has prepared
     submittals.

L.   After review by Architect of each of Contractor's submittals, one of set of duplicates
     of material will be returned to Contractor with actions defined as follows:

     1. NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future
        submittals and additional partial submittals for portions of the work not covered
        in this submittal. Does not constitute approval or deletion of specified or required
        items not shown on the submittal.

     2. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same
        as above, except that minor corrections as noted shall be made by Contractor.

     3. AMEND AND RESUBMIT - Rejected because of major inconsistencies or errors
        which shall be resolved or corrected by Contractor prior to subsequent review by
        Architect.

     4. REJECTED - RESUBMIT - Submitted material does not conform to Plans and
        Specifications in major respect, that is, wrong size, model, capacity, or material.

M.   It is considered reasonable that Contractor shall make a complete and acceptable
     submittal at least by second submission. The County reserves the right to deduct
     monies from payments due Contractor to cover additional costs of Architect's review
     beyond the second submission. Illegible submittals will be rejected and returned to
     Contractor for resubmission.

N.   Favorable review will not constitute acceptance by the County or Architect of any
     responsibility for the accuracy, coordination and completeness of the submittals.
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O.   Accuracy, coordination, and completeness of submittals shall be sole responsibility of
     Contractor, including responsibility to backcheck comments, corrections, and
     modifications from the County's or Architect's review before fabrications. Submittals
     may be prepared by Contractor, subcontractors, or suppliers, but Contractor shall
     ascertain that submittals meet requirements of Contract Documents, while
     conforming to structural space and access conditions at point of installation.
     Architect's review will be only to determine if the items covered by the submittals
     will, after installation or incorporation in the work, conform to the information given
     in the Contract Documents and be compatible with the design concept of the
     completed Project as a functioning whole as indicated by the Contract Documents.
     Favorable review of submittal, method of work, or information regarding materials
     and equipment Contractor proposes to furnish shall not relieve Contractor of
     responsibility for errors therein and shall not be regarded as assumption of risks or
     liability by Architect or the County, or any officer or employee thereof, and
     Contractor shall have no claim under Contract on account of failure or partial failure
     or inefficiency or insufficiency of any plan or method of work or material and
     equipment so accepted. Favorable review shall be considered to mean merely that
     Project Management or the County has no objection to Contractor using, upon his
     own full responsibility, plan or method of work proposed, or furnishing materials and
     equipment proposed.

P.   Architect's review will not extend the means, methods, techniques, sequences or
     procedures of construction or to safety precautions or programs incident thereto. The
     review and approval of a separate item as such will not indicate approval of the
     assembly in which the item functions.

Q.   Submit complete initial submittal for those items where required by individual
     specification Sections. Complete submittal shall contain sufficient data to
     demonstrate that items comply with specifications, shall meet minimum requirements
     for submissions cited in technical specifications, shall include motor data and seismic
     anchorage certifications, where required, and shall include necessary revisions
     required for equipment other than first named. If Contractor submits incomplete
     initial submittal, when complete submittal is required, submittal may be returned to
     Contractor without review.

R.   It shall be Contractor's responsibility to copy, conform and distribute reviewed
     submittals in sufficient numbers for Contractor's files, subcontractors and vendors.

S.   After Architect review of submittal, revise and resubmit as required. Identify changes
     made since previous submittal.
     1. Begin no fabrication or work which require submittals until return of submittals
         not requiring resubmittal.

     2. Normally, submittals will be processed and returned to Contractor within fifteen
        (15) working days of receipt.
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      T.   Distribute copies of reviewed submittals to concerned persons. Instruct recipients to
           promptly report any inability to comply with provisions.

1.4   SAFETY PLAN

      A.   Submit two (2) copies of Safety Plan specific to this Contract to Architect within
           fifteen (15) calendar days after Start Date of the Contract Times.

      B.   Submit one (1) copy of accepted Safety Plan will be returned to Contractor.

      C.   No on-site work shall be started until Safety Plan has been reviewed and accepted by
           Architect and/or Local Building Official. Acceptance of Safety Plan shall not affect
           Contractor's responsibility for maintaining a safe working place and instituting safety
           programs in connection with project.

1.5   PROGRESS SCHEDULE

      A.   See Section 013200, Construction Progress Documentation: Schedules and Reports,
           for schedule and report requirements.

      B.   Submit three (3) print copies of schedule at each of the following times:

           1. Original CPM (Critical Path Method) Schedule within thirty (30) days of the
              Notice to Proceed.

           2. Adjustments to the CPM Schedule as required.

           3. CPM Schedule updates monthly, five (5) days prior to monthly progress meeting.

      C.   Progress Schedules and Reports shall be submitted on floppy disks in addition to hard
           copies specified above.

1.6   SHOP DRAWINGS

      A.   Minimum Sheet Size: 8-1/2 inches by 11 inches. All others: Multiples of 8-1/2 inches
           by 11 inches, 34 inches by 44 inches maximum.

      B.   For 8-1/2 inch by 11 inch and 11 inch by 17 inch sheets, submit number of copies
           which Contractor requires, plus three (3) copies which will be retained by Architect.

      C.   For 17 inch by 22 inch through 34 inch by 44 inch sheets, submit 1 reproducible
           transparency and three (3) prints. After review, reproduce and distribute.

      D.   Original sheet or reproducible transparency will be marked with Architect's review
           comments and returned to Contractor.
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      E.   Mark each copy to identify applicable Products, models, options, and other data;
           supplement manufacturers' standard data to provide information unique to work.

      F.   Include manufacturers' installation instructions when required by specification Section.

1.7   SAMPLES

      A.   Submit full range of manufacturers' standard colors, textures, and patterns for
           Architect's selection.

      B.   Submit samples to illustrate functional and aesthetic characteristics of Product, with
           integral parts and attachment devices. Coordinate submittal of different categories for
           interfacing work.

      C.   Include identification on each sample, giving full information.

      D.   Submit two (2) samples unless otherwise specified. One (1) will be retained.

      E.   Sizes: Unless otherwise specified, provide the following:

           1. Paint Chips: Manufacturers' standard.

           2. Flat or Sheet Products: Minimum 6 inches square, maximum 12 inches square.

           3. Linear Products: Minimum 6 inches, maximum 12 inches long.

           4. Bulk Products: Minimum 1 pint, maximum 1 gallon.

      F.   Full size samples may be used in work upon approval.

      G.   Mock-ups:

           1. Erect field samples and mock-ups at project site in accordance with requirements
              of specification Sections.

           2. Modify or make additional field samples and mock-ups as required to provide
              appearance and finishes approved by Architect.

           3. Approved field samples and mock-ups may be used in work upon approval.

1.8   QUALITY CONTROL SUBMITTALS

      A.   Design Data: N/A.

      B.   Test Reports: Three (3) copies. One (1) copy will be marked with Architect's review
           comments and returned to Contractor.

           1. Indicate that material or product conforms to or exceeds specified requirements.
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           2. Reports may be from recent or previous tests on material or product, but must be
              acceptable to Architect. Comply with requirements of each individual
              specification Section.

      C.   Certificates: Three (3) copies. One (1) copy will be marked with Architect's review
           comments and returned to Contractor.

           1. Indicate that material or product conforms to or exceeds specified requirements.

           2. Submit supporting reference data, affidavits, and certifications as appropriate.

           3. Certificates may be recent or from previous test results on material or product,
              but must be acceptable to Architect.

      D.   Manufacturers' Instructions: Three (3) copies. One (1) copy will be marked with
           Architect's review comments and returned to Contractor.

           1. Include manufacturer's printed instructions for delivery, storage, assembly,
              installation, startup, adjusting, and finishing.

           2. Identify conflicts between manufacturer's instructions and Contract Documents.

1.9   OPERATIONS AND MAINTENANCE MANUALS

      A.   Submit 2 copies of manufacturers' operations and maintenance manuals.
           If necessary, both copies will be marked with Architect's review comments and
           returned to Contractor for correction until satisfactory information is provided. The
           County will retain satisfactorily corrected manuals for its own use.

      B.   Operations and maintenance manuals shall include the following as appropriate:

           1. Operating instructions.

           2. Preventive maintenance instructions.

           3. Cleaning instructions.

           4. Safety precautions.

           5. Trouble shooting procedures.

           6. Theory of operation to discrete component level.

           7. Schematic diagrams, flow diagrams, wiring diagrams, logic diagrams, and so on,
              to discrete component level.
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            8. Parts lists showing all discrete components with part number, current prices and
               availability.

            9. List of replaceable supplies; paper, ink, ribbon, etc. with part numbers, current
               prices and availability.

            10. Recommended levels of spare parts and supplies to keep on hand.

            11. Manufacturers' service and maintenance technical manuals.

            12. Names, addresses and telephone numbers of service and repair firms for the
                equipment.

       C.   Manuals shall be the same as are used by manufacturers' authorized technicians to
            completely service and repair the equipment.

1.10   PROJECT RECORD DOCUMENTS

       A.   Submit one copy of each of the Project Record Documents listed in Section 017700,
            Contract Closeout Procedures.

1.11   DELAY OF SUBMITTALS

       A.   Delay of submittals by Contractor is considered avoidable delay. Liquidated damages
            incurred because of late submittals will be assessed to Contractor.

2.0    PRODUCTS

       A.   Not applicable to this Section.

3.0    EXECUTION

       A.   Not applicable to this Section.


                                     END OF SECTION
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SECTION 014500 – QUALITY CONTROL

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes the following:

           1.      Quality assurance and control of installation

           2.      References

           3.      Inspection and testing laboratory services

           4.      Project Inspector

1.2   RELATED SECTIONS

      A.   Documents affecting this Section include, but are not necessarily limited to, General
           Conditions, Special Conditions and Division 1 of these Contract Documents.

1.3   QUALITY ASSURANCE/CONTROL OF INSTALLATION

      A.   Monitor quality control over suppliers, manufacturers, products, services, site
           conditions, and workmanship to produce Work of specified quality.

      B.   Comply fully with manufacturers' instructions, including each step in sequence.

      C.   Should manufacturers' instructions conflict with Contract Documents, request
           clarification from Construction Manager before proceeding.

      D.   Comply with specified standards as a minimum quality for the Work except when
           more stringent tolerances, codes or specified requirements indicate higher standards
           or more precise workmanship.

      E.   Perform work by persons qualified to produce workmanship of specified quality.

      F.   Secure Products in place with positive anchorage devices designed and sized to
           withstand stresses, vibration, physical distortion or disfigurement.

1.4   REFERENCES

      A.   A copy of Parts I & II of Title 24 shall be kept on the site and be available in the field
           during construction.

      B.   Conform to reference standards in effect on date of Contract Documents unless
           otherwise specified in product Sections.
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      C.   Obtain copies of standards when required by Contract Documents.

      D.   The contractual relationship of the parties to the Contract shall not be altered from the
           Contract Documents by mention or inference otherwise in any reference document.

1.5   INSPECTION AND TESTING LABORATORY SERVICES

      A.   The County will appoint, employ and pay for services of an independent firm to
           perform inspection and testing.

      B.   The independent firm will perform inspections, tests, and other services specified in
           individual specification Sections of these Contract Documents and as required by the
           Architect.

      C.   Reports will be submitted by the independent firm to the Architect and Construction
           Manager in writing indicating observations and results of tests and indicating
           compliance or non-compliance with Contract Documents.

      D.   Cooperate with independent firm; furnish samples of materials, design mix,
           equipment, tools, storage and assistance as requested.

           1. Notify Inspector and Construction Manager 48 hours prior to expected time for
              operations requiring services.

           2. Make arrangements with independent firm and pay for additional samples and
              tests required for Contractor's use.

1.6   PROJECT INSPECTOR

      A.   County will employ a building inspector, to serve as Project Inspector for the County
           in accordance with the regulations of the Division of the State Architect and subject
           to the provisions of Part 1, Title 24, CCR.

      B.   Project Inspector's authority, rights and duties shall be as set forth in Section 4-342,
           Part 1, Title 24, CCR.

      C.   The Project Inspector shall notify the Division of the State Architect:

               1.   When work is started on project.

               2.   When work is suspended for period of more than two weeks.

      D.   The Project Inspector shall keep records of certain phases of construction that shall be
           maintained on the project site until completion. Upon completion, these records shall
           be copied, with the original delivered to the County for the permanent school records
           and the copy forwarded to the Architect.
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E.   The Project Inspector shall monitor the work of Special Inspectors and testing
     laboratories to ensure testing program is satisfactorily completed.

F.   The Project Inspector shall notify the Contractor in writing of deviations from
     Contract Documents. Copies of such notice shall be forwarded immediately to the
     Architect and Division of the State Architect.

G.   Cooperate with Inspectors. Provide access to the work at all times whether it is in
     preparation or progress. Provide proper facilities for access and inspection.

H.   Perform work with the knowledge of the Inspectors. Cover no work prior to
     inspection.

I.   Notify Inspectors in writing at least 48 hours prior to expected time for operations
     requiring inspection.

J.   If work is performed on Saturdays, Sundays, holidays or beyond normal working
     hours, the Inspectors will be paid at overtime rates by the County. The cost of the
     Inspectors' premium time will be deducted by the County from the Contract Sum by
     Change Order.


                             END OF SECTION
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SECTION 015000 – CONSTRUCTION FACILITIES AND
                 TEMPORARY CONTROLS

1.0   GENERAL

1.1   SUMMARY

      A.   Provide the following temporary facilities and controls as required by job conditions
           for the proper performance of the work under this Contract:

           1.      Temporary Utilities: Electricity, lighting, heat, ventilation, telephone service,
                   water service and sanitary facilities.

           2.      Temporary Controls: Barriers, fencing, water, noise and vibration control,
                   dust and mud control, traffic control, interior and exterior enclosures,
                   protection of installed work, security and fire protection.

           3.      Construction Facilities: Access roads, parking, progress cleaning, project
                   identification, field offices, and storage sheds, and construction aids.

                   a.      Construction aids such a ladders, ramps, railings, scaffolds, hoists,
                           chutes, barricades, enclosures, and so on.

           4.      First aid, fire protection and other temporary facilities in accordance with
                   legal requirements.

      B.   Costs of installation and operation: The Contractor shall pay all costs related to the
           procurement, use, maintenance, and removal from the job site when no longer
           needed.

1.2   RELATED SECTIONS

      A.   Documents affecting this Section include, but are not necessarily limited to, General
           Conditions, Special Conditions and Division 1 of these Contract Documents.

      B.   Section 017700, Contract Closeout Procedures

1.3   REFERENCES

      A.   ASTM E84 - Surface Burning Characteristics of Building Materials.

      B.   ASTM E90 - Laboratory Measurement of Airborne-Sound Transmission Loss of
           Building Partitions.
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1.4   SUBMITTALS

      A.   Comply with provisions of Section 013300, Submittal Procedures.

1.5   TEMPORARY ELECTRICITY

      A.   Contractor shall provide all the materials required for temporary power (e.g. spider
           boxes, temporary panels and feeder cables) and to provide labor to relocate the panels
           as required for the project phasing. Contractor shall provide the labor to tie in the
           temporary panels to the main switchboard and to provide periodic service and
           maintenance to the temporary panels.

      B.   The County will pay cost of energy used. Exercise measures to conserve energy.

      C.   Permanent convenience receptacles may be utilized during construction, when
           appropriate.

      D.   Power consumption shall not disrupt County's need for continuous service in other
           areas of the phased construction. Ensure use of existing outlets and panels does not
           interfere with use and function of County.

      E.   Should the existing electrical power not be sufficient, Contractor will arrange with
           the utility company to provide the additional service required and pay the costs
           associated with providing the additional service; the County will pay cost of energy
           used.

      F.   Contractor must provide main service disconnect and overcurrent protection at
           convenient location feeder switch at source distribution equipment.

1.6   TEMPORARY LIGHTING

      A.   Bid Package A Contractor shall be responsible for providing temporary lighting as
           required for safety in the areas of work.

      B.   The County will pay cost of energy used.

      C.   Maintain lighting and provide routine repairs.

      D.   Permanent building lighting may be utilized during construction.

1.7   TEMPORARY TELEPHONE SERVICE

      A.   Each Bid Package Contractor will be responsible to contact the local telephone utility
           and order the number of phone lines that he deems necessary for his own use to carry
           out the terms of the contract. The Contractor will be responsible for all costs incurred
           in procuring phone lines.
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       B.   Telephone usage shall not disrupt the County’s need for continuous service. Ensure
            that the use of existing boards and terminations does not interfere with use and the
            function of the County’s phone system.

1.8    TEMPORARY WATER SERVICE

       A.   Contractor shall be responsible for connecting to an existing water source to provide
            water to all sub-contractors during construction. Prior to making connection, submit
            plan with proposed means of connection to Construction Manager for review and
            approval.

       B.   The County will pay cost of water used. Exercise measures to conserve water.

       C.   The Contractor shall extend branch piping with outlets located so that water is
            available by hoses with threaded connections.

1.9    SANITARY FACILITIES

       A.   Contractor shall provide and maintain proper, adequate, sanitary toilet facilities for
            use of its workers and also for those employed by the Package B and C contractors on
            the Project, in accordance with State and Local health departments.

       B.   Existing and permanent facilities shall not be used.

1.10   BARRIERS

       A.   Contractor shall provide temporary barriers as detailed below and shown on the
            Drawings to continuously maintain protection in such suitable form as will protect
            the Work as a whole and in part, and adjacent property and improvements from
            accidents, injuries or damages. Temporary barriers shall furthermore prevent
            unauthorized entry to construction areas and shall protect existing facilities.

       B.   Contractor shall provide all forms of temporary protection to protect the building and
            its content against damages which may be caused by the construction activities under
            this Contract or by the elements.

            1.     Protection shall be substantial and constructed in accordance with regulations
                   of legally instituted authorities, when such apply.

       C.   Provide as required to prevent public entry to construction areas, to allow for County
            use of site, and to protect the work, existing facilities and adjacent properties from
            damage from construction operations.

       D.   Provide barricades as required by governing authorities for public rights of way and
            for public access.

       E.   Provide barriers around trees and plants designated to remain. Provide temporary
            fencing around drip line of trees designated to remain. Protect against vehicular
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            traffic, stored materials, dumping, chemically injurious materials and puddling or
            continuous running water. Replace damaged plant life. Maintain existing tree and
            plant barriers and at the conclusion of construction operations remove temporary tree
            and plant barriers as directed by the Construction Manager.

       F.   Provide barricades around trenches. Barricade trenches less than 6 inches deep with
            warning tape. Cover trenches 6 inches deep and greater subject to pedestrian traffic
            with plywood covers or barricade with chain link fence as specified below. Cover
            trenches subject to vehicular traffic with suitable steel cover or barricade with chain
            link fence as specified below.

       G.   Relocate barriers as required by progress of work.

       H.   Maintain temporary barriers in a structurally sound condition with a neat, orderly
            appearance. Observe temporary barriers daily for safety compliance.

       I.   Protect non-owned vehicular traffic, stored materials, site and structures from damage.

       J.   Walkways and Barricades: If Contractor's portion of work interferes with pedestrians
            on the streets, provide pedestrian walkway protection and wood barricades
            conforming to City standards and requirements.

       K.   School Operations: The County intends to maintain school operations during the
            normal school calendar. The Contractor shall erect temporary barriers to protect the
            safety, eyesight and hearing of students, teacher's, staff or other occupants of the
            school.

1.11   TEMPORARY FENCING

       A.   Contractor shall provide labor to relocate perimeter chain link fence and gates
            (provided by others) for all phases of work as detailed below.

       B.   The Contractor shall remove and replace portions of the fence to accommodate their
            scope of Work and all phases of the work.

       C.   The Contractor shall ensure the site is secured during operations which breech the
            perimeter fence.

       D.   Damaged or lost panels shall be paid for by the Contractor responsible.

       E.   The Contractor shall be responsible to ensure the fence is secure and gates locked
            daily. The Contractor shall provide labor to relocate and add additional fence as
            required.

1.12   CONTROL OF WATER

       A.   Contractor shall be responsible for water control as detailed below.
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            1.     Rainwater, surface or subsurface water, or other fluid, shall not be permitted
                   to accumulate in excavations or under or about the structures. Should such
                   conditions develop or be encountered, the areas affected shall be de-watered
                   with temporary pumps, piping, ditches, dams or other methods at the expense
                   of the Contractor.

            2.     Grade site to drain. Maintain excavations free of water. Provide, operate and
                   maintain pumping equipment.

            3.     Protect site from puddling or running water. Provide water barriers as
                   required to protect site from soil erosion.

1.13   NOISE AND VIBRATION CONTROL

       A.   Contractor shall comply with applicable regulatory requirements for the operation of
            powered equipment as detailed below.

       B.   Equipment and impact tools shall have intake and exhaust mufflers.

       C.   Secure written permission from County at least three working days prior to using
            noisy and vibratory equipment, such as jackhammers, concrete saws, impact tools
            and high frequency electrical equipment.

       D.   Cooperate with County if the use of noisy and vibratory equipment becomes
            objectionable.

       E.   Outside speakers will not be permitted.

1.14   DUST AND MUD CONTROL

       A.   Contractor shall be responsible for controlling dust and mud during construction.

            1.     Execute Work by methods to minimize raising dust from construction
                   operations.

            2.     Conform with applicable local ordinances concerning dust control.

       B.   Provide positive means to prevent airborne dust from dispersing into atmosphere.

       C.   Remove mud originating from construction site from city streets and sidewalks.

1.15   TRAFFIC CONTROL

       A.   Contractor shall obtain and pay for permits and inspections necessitated by the use of
            public streets, sidewalks, curbs, and paving. Post guarantees and bonds that may be
            required, and repair and make good any damages thereto, acceptable to the authorities
            having jurisdiction.
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       B.   Contractor will furnish, erect and maintain sufficient warning and directional signs,
            barricades and warning lights and sufficient flag people to give adequate warning of
            construction to vehicular traffic at all times.

       C.   Coordinate lane closures with appropriate government agencies.

       D.   Maintain a minimum number of travel lanes for traffic specified by appropriate
            government agencies.

       E.   Construct and maintain temporary walks and bridges for pedestrians. Keep streets
            adjacent to the site open to vehicular and pedestrian traffic.

1.16   EXTERIOR ENCLOSURES

       A.   Contractor shall be responsible for exterior enclosures as detailed below.

       B.   Provide temporary insulated weather-tight closures of openings in exterior surfaces to
            provide acceptable working conditions and protection for materials, to allow for
            temporary heating and maintenance of ambient temperatures identified in individual
            Sections of these Contract Documents and to prevent entry of unauthorized persons.
            Provide doors with self-closing hardware and locks.

       C.   Provide temporary roofing.

1.17   INTERIOR ENCLOSURES

       A.   Contractor shall be responsible for interior enclosures as detailed below.

       B.   Provide temporary partitions and ceilings as required to separate work areas from
            County occupied areas, to prevent penetration of dust and moisture into County
            occupied areas, and to prevent damage to existing materials and equipment.

       C.   Construction: Framing and gypsum board sheet materials with closed joints and
            sealed edges at intersections with existing surfaces; insulated to R-11; STC rating of
            35 in accordance with ASTM E90; maximum flame spread rating of 75 in accordance
            with ASTM E84.

1.18   PROTECTION OF INSTALLED WORK

       A.   Contractor shall be responsible for protection of installed work as detailed below.

       B.   Protect installed work and provide protection where specified in the Sections of these
            Contract Documents.

       C.   Provide temporary protection for installed products. Control activity in immediate
            work area to minimize damage.
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       D.   Provide protective coverings at walls, projections, jambs, sills and soffits of openings.

       E.   Protect finished floors, stairs and other surfaces from traffic, dirt, wear, damage and
            movement of heavy objects by protecting with durable sheet materials.

       F.   Prohibit traffic and storage on waterproofed and roofed surfaces. If traffic or activity
            is necessary, protect roofed surfaces with minimum 3/8 inch thick asphalt coated
            fiberboard laid over minimum 6 mil plastic sheeting with ends and edges lapped 6
            inches. Where roofed surfaces are used as staging areas, protect with minimum 3/8
            inch plywood over minimum 3/8 inch asphalt coated fiberboard over minimum 6 mil
            plastic sheeting with ends and edges lapped minimum 6 inches; offset plywood and
            fiberboard joints. Protect waterproofed surfaces in accordance with waterproofing
            manufacturer's recommendations.

       G.   Prohibit traffic from landscaped areas.

1.19   PROTECTION OF EXISTING FACILITIES

       A.   Each Bid Package Contractor shall be responsible for protection of existing facilities
            as detailed below.

       B.   Provide temporary protection for existing facilities as specified for installed work.

       C.   Maintain existing irrigation, plumbing, mechanical, electrical, security, intercom and
            fire alarm systems operational at all times.

       D.   Replace or repair pipes, conduits and conductors broken or severed as a result of
            construction activities by the end of the work day in which they were broken or severed.

       E.   Become familiar with existing conditions of systems. Provide temporary tie-in pipes,
            conduits and conductors as required to maintain systems completely operational
            during construction.

       F.   Provide protective covers to protect intercom components from dust.

       G.   Remove, salvage, store and reinstall existing equipment removed to expedite
            construction operations. Remove in manner to prevent damage and to permit
            reinstallation in kind. Restore to original location and condition.

1.20   SECURITY

       A.   Contractor shall be responsible for the security of their own equipment and materials
            on the jobsite.

       B.   Provide sufficient security program and facilities to protect work, existing facilities
            and County operations within construction area from unauthorized entry, vandalism
            and theft.
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       C.   Secure, maintain and protect the work, stored materials, equipment and temporary
            facilities until time of acceptance, or such earlier time as County may choose to
            assume such responsibility.

       D.   Contain and secure construction equipment and materials to satisfaction of County.

       E.   Submit security program to Construction Manager for review and coordination.

1.21   TEMPORARY FIRE PROTECTION

       A.   Contractor to provide and maintain fire extinguishers, fire hoses and other equipment
            necessary for fire protection.

       B.   Designate use and use such equipment for fire protection only.

1.22   ACCESS ROADS

       A.   Contractor shall be responsible for access as detailed below.

       B.   Construct and maintain temporary roads accessing public thoroughfares to serve
            construction area.

       C.   Extend and relocate as work progress requires. Provide detours necessary for
            unimpeded traffic flow.

       D.   Provide and maintain access to fire hydrants, free of obstructions.

       E.   Designated existing on-site roads may be used for construction traffic.

1.23        PARKING

       A.   Designated existing paved surfaces may be used. Some parking may have to be off site.

       B.   Existing unpaved surfaces shall not be used for parking.

1.24   PROGRESS CLEANING

       A.   Contractor shall provide waste bins for use by all sub-contractors and personnel on
            site. Remove and legally dispose of all surplus, excavated or left over material and
            debris, keeping the project area and public rights of way clean.

       B.   Contractor shall maintain all work areas free of waste materials, debris and rubbish.
            Maintain site in a clean and orderly condition by removing waste materials weekly.
            Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces and other
            closed or remote spaces, prior to enclosing the space. Broom and vacuum clean
            interior areas prior to start of surface finishing and continue cleaning to eliminate
            dust.
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       C.   Contractor shall supply labor for a general job site cleanup each Friday. The
            buildings shall be brought to a broom clean condition and all debris shall be removed.

1.25   PROJECT IDENTIFICATION

       A.   No signs are allowed without Construction Manager's permission, except those
            required by law.

1.26   CONSTRUCTION AIDS

       A.    Furnish, operate and maintain a complete plant for fabricating, handling, conveying,
            installing, and erecting materials and equipment required under the Contract. Include
            elevators, hoists, derricks and conveyances for transportation of workers and
            transporting and placing materials and equipment necessary for performance of the
            work.

       B.   Maintain plant and equipment in safe and efficient operating condition. Repair
            damage due to defective plant and equipment and use thereof at no increase in
            Contract Sum.

1.27   REMOVAL OF UTILITIES, FACILITIES AND CONTROLS

       A.   At completion of Work, or sooner when no longer required, remove temporary
            buildings, fences, controls, and so on, used in the performance of the Work, from the
            project site. Restore damaged areas to the standards for finished work specified in
            these Specifications.

       B.   Remove temporary above grade or buried utilities, materials, equipment and facilities
             prior to Substantial Completion.

       C.   Clean and repair damage caused by installation or use of temporary facilities.

       D.   Restore existing facilities used during construction to original condition. Restore
            permanent facilities used during construction to specified condition.

1.28   TEMPORARY CONTROLS

       A.   Temporary Construction, Equipment and Protection

            1.      Protection: The Contractor must protect all workers and equipment from
                    power lines and maintain safe distances and protective devices as required by
                    Industrial Safety Commission and CAL-OSHA.

            2.      Temporary construction and equipment: Temporary construction and equipment
                    shall conform to regulations, ordinances, laws and other requirements of State
                    and other authorities having jurisdiction, including insurance companies, with
                    regards to safety precautions, operation and fire hazard.
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       B.   Alcoholic Beverages

            1.       The drinking of alcoholic beverages on the school grounds is prohibited.

       C.   Tobacco and Drugs

            1.       The Contractor and the Contractor's Subcontractors, suppliers and other
                     concerned parties shall observe the School County “No Smoking” and
                     “Drug” policies.

       D.   Pollution Control

            1.       Provide methods, means and facilities to prevent contamination of soil, water
                     and atmosphere from discharge of noxious, toxic substances and pollutants
                     produced by construction operations

            2.       Waste solvents, oils and other materials which may be harmful to people,
                     plant life, or the environment, shall be removed from the site in containers
                     and disposed of in accordance with applicable laws and regulations.

       E.   Safety

            1.       Contractor shall submit Company Safety Plan 5 days after Notice of Intent to
                     Award under the provisions of Section 013300, Submittal Procedures.

       F.   Fingerprinting

            1.       If required by County Board policy.

1.29   PERMANENT SYSTEMS USED AS TEMPORARY FACILITIES

       A.    When the existing water and power are used, and when any portions of the permanent
             systems are in operating condition, that part of the system may be used as a
             temporary facility provided that the Contractor:

       1.    Obtain the County’s approval in each instance.

             2.      Assumes full responsibility for the system used.

             3.      Pay all costs for operation, maintenance, cleaning and restoration of the
                     system.

             4.      Operates the system under the supervision of the subcontractor responsible
                     for the system installation and ultimate performance.


                                     END OF SECTION
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SECTION 015639 – TEMPORARY TREE AND PLANT
                 PROTECTION

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes all labor, materials, equipment, operations, or methods listed,
           mentioned or scheduled on the Drawings and/or herein specified, including all
           incidentals necessary and required for completion of work under this Section.

      B.   Provide the following services:

           1.             Tree protection

           2.             Tree identification

           3.             Trimming tree limbs and branches

           4.             Root pruning

           5.             Raising fringe of trees

           6.             Grading around trees

           7.             Incidental extra work

           8.             Debris removal

           9.             Protective chain-link fence relocation or removal

1.2   RELATED SECTIONS

      A.   Documents affecting work of this Section include, but are not necessarily limited to,
           General Conditions, Special Conditions and Division 1 of these Contract Documents.

      B.   Section 024113, Selective Site Demolition

      C.   Division 31 - Earthwork

      D.   Division 32 - Exterior Improvements

1.3   QUALITY ASSURANCE

      A.   Standards of workmanship shall conform to those recommended by:
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           1.     American National Standards Institute (ANSI), Section 133.1, "Tree
                  Trimming and Removal."

           2.     International Society of Arboriculture (ISA)

           3.     National Arborist Association

1.4   PROJECT CONDITIONS

      A.   Visit Project site and determine conditions under which work will be performed.

      B.   Do not begin work until meeting with the County's Representative on the Project site
           to confirm tree locations and work to be performed.

      C.   Protection:Provide adequate protection of existing trees against damage from
           construction operations.

           1.     Install barricades for all trees, a 6 foot high chain-link fence. Locate fence at
                  or beyond tree drip lines (outside edge of tree branching).

           2.     Especially protect roots, trunk, and foliage of existing trees.

           3.     Do not permit the following:

                  a.      Using trees as support posts, power poles, sign posts, or anchorage for
                          ropes, guy wires and power lines or other similar functions.

                  b.      Poisoning items by disposing of paint, petroleum products, dirty
                          water or other deleterious materials on or around trees.

                  c.      Compaction of tree root area by moving trucks, grading, machines,
                          storage of equipment, gravel, earthfill, supplies, etc.; within the tree
                          drip line (outside edge of tree branching).

                  d.      Damage to trunk or limbs caused by maneuvering vehicles or stacking
                          material and equipment too close to them.

      D.   Compensation for planting loss: Any tree to remain that is damaged or destroyed due
           to the Contractor's negligence or failure to provide adequate protection shall be
           compensated for in accordance with the following schedule of values, using "tree-
           caliper" method (greatest trunk diameter measured 30-inches above ground):

           1.     For trees or shrubs with diameters up to and including 6 inches, actual cost of
                  replacement with items similar in species, size and shape, including:

                  a.      Actual cost of item boxed out of ground.
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                  b.      Transportation or delivery of boxed item to the Project site.

                  c.      Planting and staking.

                  d.      Maintenance in watering, fertilizing, pruning, pest control and other
                          care to bring replacement to same general conditions as original item.

           2.     For trunks up to:

                          Size (in inches)        $ Amount
                             7                     1,200.00
                             8                     1,700.00
                             9                     2,200.00
                             10                    2,600.00
                             11                    3,100.00
                             12                    3,600.00
                             13                    4,100.00
                             14                    4,600.00
                             15                    5,000.00
                             16                    5,500.00
                             17                    6,000.00
                             18                    and over,
                             add for each
                             caliper inch:           600.

1.5   MATERIALS

      A.   Tree wound Dressing: Prior to any application, the County's Representative shall
           approve material and application.

      B.   Protective fencing: 6 foot high galvanized chain link. Refer to Section
           323113, Chain Link Fences and Gates.

1.6   TREE IDENTIFICATION

      A.   Identification of trees to be removed or to remain, that have not been so marked on
           the drawings, is subject to the County's Representative approval.

      B.   No trees are to be removed without prior approval of the County's Representative.

1.7   TRIMMING TREES

      A.   No limbs are to be removed without prior approval of the County's Representative.

      B.   Notify the County's Representative when a tree limb is in conflict with the
           construction.
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      C.   "Trim" shall be interpreted as follows:

           1.      Removal of dead branches 1/4 inch and over in diameter.

           2.      Removal of all dead and live stubs 1/4 inch and over in diameter.

           3.      Removal of all broken branches, all loose branches and other debris lodged in
                   trees.

           4.      Removal of undesirable sucker growth.

           5.      Removal of all live branches which interfere with the tree's    structural
                   strength and healthful development. These include:

                   a.      Limbs which rub and abrade a more important branch.

                   b.      Limbs of weak structure which are not important to the frame work of
                           the tree.

                   c.      Limbs with twigs and foliage obstructing development of more
                           important branches.

                   d.      Limbs near the end of limbs which produce more weight than the
                           limb is likely to support.

1.8   ROOT PRUNING

      A.   Avoid root cutting to prevent disruption of the trees water and nutrient carrying
           capacity and the natural stability based on balance of radial    or sinker root system.

      B.   Notify the County’s Representative if root cutting becomes necessary.

      C.   Avoid tearing or ripping tree roots due to excavation activities.

           1.      Where root cutting is necessary, no roots are to be cut without prior approval
                   of the County's Representative.

           2.      Where root cutting becomes necessary, all roots are to be clean cut with a
                   saw, lopping shears or proper tree pruning device. Under no circumstance are
                   tree roots to be left splintered or the ends shredded.

1.9   REMOVING TREES

      A.   No trees are to be removed without prior approval of the County's Representative.

      B.   "Removing Trees" shall be interpreted as removing tree to the ground level and
           reducing the stump two (2) feet below grade, using a suitable mechanical stump
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            chipper. In order to prevent damage to root systems of remaining adjacent trees, use
            of a tractor for reduction of stumpage will not be permitted. Trees which are to be
            removed are indicated on the drawings.

1.10   RAISING SOIL LEVEL

       A.   Soil placed on the surface around existing trees can create problems involving
            gaseous exchange in the root zone, crown rot and soil moisture. Soil aeration is a
            critical factor. Notify the County's Representative of any soil work under trees or
            adjacent to tree drip lines (outer edge of tree branching).

1.11   LOWERING SOIL LEVEL

       A.   Removing soil from under a tree canopy can seriously damage roots and may even
            impair the stability of the tree, Notify the County's Representative of any soil work
            under a tree.

1.12   DEBRIS REMOVAL

       A.   Dispose of all fallen debris present around trees subject to work under this Section.
            All wood and debris resulting from the Contractor's operations shall become the
            property of the Contractor and shall be disposed of by the Contractor off the County
            property.

1.13   TREE PROTECTIVE FENCING

       A.   Provide fencing as indicated on the drawings and as called out for in this
            Section.

       B.   Install protective fencing and plywood protection adjacent to tree areas and utilities
            installation areas prior to commencing work in these locations.

       C.   Relocation of protective fencing as a sequence of construction, requires no additional
            cost to the County.


                                     END OF SECTION
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SECTION 017400 - CONSTRUCTION CLEANING & WASTE
                 MANAGEMENT

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes the following:

           1. Waste Management Goals

           2. Waste Management Plans

           3. Waste Management Plan Implementation

           4. Special Programs

1.2   RELATED SECTIONS

      A.   Section 011000, Summary of Work

      B.   Section 013119, Project Meetings

      C.   Section 013300, Submittals

      D.   Section 017700, Contract Closeout Procedures

      E.   Division 31 – Earthwork

1.3   REFERENCES

      A.   City of San Jose Certified Recycling Facilities List available at
           www.sjrecycles.org/business/cddd.htm.

1.4   DEFINITIONS

      A.   Construction and Demolition Waste: Solid wastes such as building materials,
           packaging and rubble resulting from construction, remodeling, demolition and repair
           of buildings/facilities, paving and infrastructure.

      B.   Recyclable Materials: Products and materials that can be recovered and manufactured
           into new products. Recyclable materials include, but are not limited to, the following:

           1. Asphaltic paving

           2. Portland cement concrete
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           3. Brick and masonry

           4. Land-clearing debris

           5. Native rock and granular fill

           6. Wood products

           7. Ferrous materials

           8. Non-Ferrous metals including copper and aluminum

           9. Mechanical and electrical products and equipment

           10. Gypsum products

           11. Acoustical ceiling tile

           12. Cardboard and plastic film

           13. Office recycling, including paper, glass, plastic and cans

           14. Carpet and padding

           15. Oil used for equipment

           16. Fluorescent lights and ballasts

           17. Batteries

      C.   Recycling Facility: A business that specializes in collecting, handling, processing,
           distributing, or remanufacturing waste materials, generated by demolition and new
           construction projects, into products or materials that can be used for this project or by
           others.

           1. Source: South Valley Disposal, 408-842-3358.

      D.   Trash: Product or material unable to be salvaged for resale, salvaged and reused,
           returned, or recycled.

      E.   Waste Materials: Product or material that can be salvaged for resale, salvaged and
           reused, returned to vendors, or recycled.

1.5   PERFORMANCE REQUIREMENT

      A.   The Contractor shall use all means available to divert at least 75% construction and
           demolition waste from landfills.
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1.6   CONSTRUCTION WASTE MANAGEMENT OPERATIONS

      A.   Take a proactive, responsible role in management of construction waste and require
           all subcontractors, vendors and suppliers to participate in the effort. Establish a
           construction waste management program that includes the following categories:

           1. Waste prevention including minimizing packaging waste

           2. Salvage and reuse

           3. Salvage for resale and donation

           4. Recycling

           5. Disposal

      B.   Encourage waste prevention practices as an efficient waste management strategy
           when sizing, cutting, and installing products and materials. Salvage and reuse is a
           better waste management method than recycling because little or no reprocessing is
           necessary; less pollution is created when items are reused in their original form.
           Therefore a diligent effort shall be made to salvage and reuse product and materials.
           Waste materials that cannot be salvaged and reused yet have value as recyclables,
           shall be recycled. Only trash shall be transported to a landfill.

1.7   CONSTRUCTION WASTE MANAGEMENT PLAN

      A.   Perform a waste analysis to determine the types and quantity of construction waste
           anticipated and identify salvage for resale, salvage and reuse, recycling, and disposal
           options available. Within 10 days after contract award and prior to performing any
           demolition work, submit a Waste Management Plan for review and approval. The
           Waste Management Plan shall include the following:

           1. Waste Materials: A list of waste materials that will be salvaged for resale,
              salvaged and reused, and recycled. A list to address packaging materials
              including banding, crates, pallets, plastic film, polystyrene and cardboard
              (packaging waste consumes 15% of the waste stream).

           2. Haulers: Name, address and phone number for each hauler providing service.

           3. Facilities: Identification of each recycling facility to be utilized.

           4. Separation and Protection: Description of the method to be employed in handling
              waste materials and description of the method that will be used to protect
              recycled materials from contamination.

           5. Transportation: Description of the means of transportation of waste materials and
              the destination of the materials.
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            6. Subcontractor Participation: A description of requirements for subcontractors to
               adhere to that includes waste prevent measures such as salvage for resale or reuse
               and recycling for the waste materials generated by each subcontractor’s scope of
               work, including packaging and shipping materials.

            7. Meetings: A description of the regular meetings held in which waste management
               will be addressed. Refer to Section 013119, Project Meetings.

2.0   PRODUCTS

      Not Used.

3.0   EXECUTION

3.1   PROGRAM IMPLEMENTATION AND MONITORING

      A.    Implement and maintain, for the duration of the project, the construction waste
            management program.

            1. Manager: The Contractor shall designate an onsite party (or parties) responsible
               for instructing workers and overseeing and documenting results of the Waste
               Management Plan for the Project.

            2. Distribution: The Contractor shall distribute copies of the Waste Management
               Plan to the Contractor, each Subcontractor, the County, and Architect.

            3. Instruction: The Contractor shall provide onsite instruction of appropriate
               separating, handling, and recycling, salvage, reuse, and return methods to be used
               by all parties at the appropriate stages of the project.

            4. Separation Facilities: The Contractor shall lay out and label a specific area to
               facilitate separation of materials for potential recycling, salvage, reuse, and
               return. Provide a site map that calls out areas identified. Provide the necessary
               containers and bins to facilitate the waste management program. Recycling and
               waste bin areas are to be kept neat and clean and clearly marked in order to avoid
               contamination of materials. Separate construction waste at the project site by one
               of the following methods:

                  a. Source Separated Method: Waste products and materials that are recyclable
                     are separated from trash and sorted into appropriately marked separate
                     containers and then transported to the respective recycling facility for further
                     processing. Trash is transported to a landfill.

                  b. Co-Mingled Method: Selected waste materials are placed into a single
                     container and then transported to a recycling facility where the recyclable
                     materials are sorted and processed and the remaining trash and waste
                     materials are handled separately.
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                   c. Other methods proposed by the Contractor and approved by the Contracting
                      Officer.



APPENDIX A, WASTE REDUCTION FORMS, FOLLOWS.

Appendix A
Contractor's Waste Management Plan


Many of the materials generated from this Project can be recycled. List materials that will be reused,
recycled or disposed from this Project.

The required goal is to reuse or recycle at least 75% of Project construction waste.
Use tons or cubic yards to quantify total estimated waste and percentages for materials. Ask your
hauler, recycler or site cleanup vendor to assist you with this plan. Receipts of all recycling and
disposal must be submitted after Project completion.


Project Name: The Foundry Community Day School Relocatable Campus Expansion

Location: _______________________________________

Building Type: ___________________________________

Square Footage:

Type of Project:          [ ] New Construction                                 [ ] Demolition

Type of Construction (concrete, masonry, steel, wood frame, etc.):

Applicant:

Phone: _____________________

Company Name: ____________________________________________________



Included in this Appendix

Conversion Rates Table

Sample Waste Management Plans (Demolition Waste, New Construction Waste)
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                                      Conversion Rates Table
The following conversion rates are estimates. The ranges vary widely, depending on how the
materials are handled (compacted, loose, chipped, etc.). Use the conversion factors and receipts from
previous projects to help you estimate the potential amount of materials and waste. Take into
consideration the type and load of vehicles that will be used to haul the materials.

Ask your hauler or recycler to assist you in estimating these numbers.

 Material                         Pounds/Volume                     Tons/cy
 Asphalt, crushed                 45 lbs/cu ft
 Asphalt/paving, crushed          1,380 lbs/cy                      0.7 tons/cy
 Cardboard, corrugated,           50 lbs/cy
 flattened boxes, loose
 Carpet & padding, loose          84.4 lbs/cy
 Cement, bulk                     100 lbs/cu ft
 Cement, mortar                   145 lbs/cu ft
 Concrete, scrap, loose           1,855 lbs/cy                      0.9 tons/cy
 Copper fittings, loose           1048 lbs/cy
 Copper pipe, whole               211 lbs/cy
 Drywall                          700 lbs/cy                        0.35 tons/cy
 Glass, broken                    2160 lbs/cy
 Gypsum, solid                    142 lbs/cu ft
 Metal, scrap                     906 lbs/cy
 Steel, solid                     487 lbs/cu ft
 Wood, chipped                    300-650 lbs/cy                    0.15 B 0.3 tons/cy
 Mixed C&D Debris                 900 lbs/cy                        0.45 tons/cy
 Mixed Waste/Trash                100-350 lbs/cy                    0.5-0.175 tons/cy


                                       Demolition Waste
 Total Estimated Waste Generated by Project:_________________ tons/cubic yards
 (Ask your hauler, recycler or site cleanup vendor to assist you. Use receipts from your
 previous jobs for estimates.)
 Material               Estimated       Reused/      Disposed      Vendor or Actual
                        Percent of Recycled          Percent       Facility       Waste
                        Total           Percent of of Total                       Amount by
                                        Total                                     Weight/
                                                                                  Comments
 Asphalt Concrete
 Portland     Cement
 Concrete
 Aggregates
 Concrete         Unit
 Masonry
 Clean Earth Fill
 Plant and Tree
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 Trimmings
 Wood Products
 Metals
 Doors, windows,
 cabinets, fixtures
 Other         (painted
 wood, drywall)
 Trash
Was deconstruction or salvage used as an option to traditional demolition?

          [ ] Yes                      [ ] No

Explain and list items salvaged:


Other Comments:


Prepared by: _________________________________ (signature)

Date: ___________________

Print name: ________________________________


                                  New Construction Waste
 Total Estimated Waste Generated by Project:_________________ tons/cubic yards
 (Ask your hauler, recycler or site cleanup vendor to assist you. Use receipts from your
 previous jobs for estimates.)
 Material                Estimated Reused/           Disposed      Vendor         Actual
                         Percent of Recycled         Percent       or Facility Waste
                         Total          Percent of of Total                       Amount by
                                        Total                                     Weight/Com
                                                                                  ments
 Asphalt Concrete
 Portland Cement
 Concrete
 Aggregates
 Concrete Unit
 Masonry
 Clean Earth Fill
 Plant and Tree
 Trimmings
 Wood Products
 Metals
 Drywall
 Cardboard
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Mixed C&D Debris
(carpet, roofing,
plastics)
Mixed Waste/Trash
Did you recycle your jobsite waste in the past?               [ ] yes    [ ] no
Did you use a jobsite service to recycle your waste?          [ ] yes    [ ] no
Did you have difficulties finding recycling vendors?           [ ] yes    [ ] no
Other Comments:

Prepared by: ______________________________ (signature)

Date: ___________________

Print name: _______________________________



                                      END OF SECTION
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SECTION 017700 - CONTRACT CLOSEOUT PROCEDURES

1.0   GENERAL

1.1   SUMMARY

      A.   This Section describes contract closeout procedures including:

           1. Removal of temporary construction facilities.

           2. Substantial completion.

           3. Final completion.

           4. Completion of DSA forms (DSA-6 Final Verified Report) and all DSA-related
              Change Orders.

           5. Final cleaning.

           6. Project record documents.

           7. Material, equipment and finish data.

           8. Project guarantee

           9. Warranties

           10. Turn-in.

           11. Release of claims.

           12. Guaranty and Maintenance Bonds

1.2   RELATED SECTIONS

      A.   Documents affecting this Section include, but are not necessarily limited to, General
           Conditions, Special Conditions and Division 1 of these Contract Documents.

      B.   Section 013119, Project Meetings

      C.   Section 015000, Construction Facilities and Temporary Controls

      D.   Section 017800, Contract Closeout Forms
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1.3   CLOSEOUT PROCEDURES

      A.   Submit written certification that contract documents have been reviewed, work has
           been inspected and work is complete in accordance with contract documents and
           ready for Architect’s inspection.

      B.   Provide submittals to Architect, through Construction Manager, if there is one,
           required by governing or other authorities having jurisdiction.

      C.   Submit final Application for Payment identifying total adjusted contract sum,
           previous payments and sum remaining due. Delivery project record documents,
           warranties and bonds, Certification of Asbestos-Free Construction, spare parts and
           maintenance materials and final operation and maintenance data at one time with
           final Application for Payment.

1.4   REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES

      A.   Remove temporary materials, equipment, services, and construction prior to
           Substantial Completion Inspection.

      B.   Clean and repair damage caused by installation or use of temporary facilities.

      C.   Restore permanent facilities used during construction to specified condition.

1.5   SUBSTANTIAL COMPLETION

      A.   When Contractor considers work or designated portion thereof is substantially
           complete, submit written notice, with list of items to be completed or corrected.

      B.   Within reasonable time, Architect will inspect to determine status of completion.

      C.   Should Architect determine that work is not substantially complete, Architect will
           promptly notify Contractor in writing, listing all defects and omissions.

      D.   Remedy deficiencies and send a second written notice of substantial completion.
           Architect will reinspect the work.

      E.   When Architect determines that work is substantially complete, Architect will issue a
           Certificate of Substantial Completion.

      F.   Manufactured units, equipment and systems which require startup must have been
           started up and run for periods prescribed by Architect before a Certificate of
           Substantial Completion will be issued.

1.6   FINAL COMPLETION

      A.   When Contractor considers work is complete, submit written certification that:

           1. Contractor has inspected work for compliance with Contract Documents.
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           2. Work, except for Contractor maintenance after Final Acceptance, has been
              completed in accordance with Contract Documents and deficiencies listed with
              Certificate of Substantial

           3. Completion have been corrected.

           4. Work is complete and ready for final inspection.

      B.   In addition to submittals required by conditions of Contract, provide submittals
           required by governing authorities and submit final statement of accounting giving
           total adjusted Contract Sum, previous payments, and sum remaining due.

      C.   When Architect finds work is acceptable and final submittal is complete, Architect
           will issue final change order reflecting approved adjustments to Contract Sum not
           previously made by Change Order.

1.7   FINAL CLEANING

      A.   Execute final cleaning prior to final inspection.

      B.   Comply with applicable regulatory requirements during cleaning and disposal
           operations.

      C.   Clean interior and exterior surfaces exposed to view; remove temporary labels, stains
           and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and
           soft surfaces.

           1. Clean equipment and fixtures to a sanitary condition, clean or replace filters of
              mechanical equipment operated during construction, clean ducts, blowers and
              coils of units operated without filters during construction.

           2. Use cleaning materials that will not create hazards to health or property or cause
              damage to products to be cleaned.

           3. Employ skilled workers for final cleaning.

      D.   Schedule operations to prevent dust and other contaminants resulting from cleaning
           operations from adhering to wet or newly finished surfaces.

      E.   Clean site of sticks, rubbish and other debris, sweep paved areas, rake clean
           landscaped surfaces.

      F.   Clean Site; mechanically sweep paved areas.

      G.   Remove waste and surplus materials, rubbish, and construction facilities from site.
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      H.   Leave areas that have been entered during the course of the work in a neat condition,
           free from debris, weeds and material not called for in the construction documents.

1.8   PROJECT GUARANTEE

      A.   Requirements for Contractor's guarantee of completed work are included in Article
           3.5 Warranty from General Conditions of the Contract for Construction, AIA
           Document A201-1997 (included in Part A of these Contract Documents). Contractor
           shall guarantee work done under Contract against failures, leaks or breaks or other
           unsatisfactory conditions due to defective equipment, materials or workmanship, and
           perform repair work or replacement required, at Contractor's sole expense, for period
           of one (1) year from date of Final Acceptance, as required by Article 3.5.

      B.   Neither recordation of final acceptance nor final certificate for payment nor provision
           of the Contract nor partial or entire use or occupancy of premises by Santa Clara
           County Office of Education shall constitute acceptance of work not done in
           accordance with Contract Documents nor relieve Contractor of liability in respect to
           express warranties or responsibility for faulty materials or workmanship.

      C.   Santa Clara County Office of Education may make repairs to defective work as set
           forth in Article 3.5 Warranty from General Conditions of the Contract for
           Construction, AIA Document A201-1997 (included in Part A of these Contract
           Documents), if, within 5 working days after mailing of written notice of defective
           work to Contractor or authorized agent, Contractor shall neglect to make or undertake
           with due diligence repairs; provided, however, that in case of leak or emergency
           where, in opinion of Santa Clara County Office of Education, delay would cause
           hazard to health or serious loss or damage, repairs may be made without notice being
           sent to Contractor, and Contractor shall pay cost thereof.

      D.   If, after installation, operation or use of materials or equipment to be furnished under
           Contract proves to be unsatisfactory to Architect, Santa Clara County Office of
           Education shall have right to operate and use materials or equipment until it can,
           without damage to Santa Clara County Office of Education, be taken out of service
           for correction or replacement. Period of use of defective materials or equipment
           pending correction or replacement shall in no way decrease guarantee period required
           for acceptable corrected or replaced items of materials or equipment.

      E.   Nothing in this Section shall be construed to limit, relieve or release Contractor's,
           subcontractors' and equipment suppliers' liability to Santa Clara County Office of
           Education for damages sustained as result of latent defects in equipment caused by
           negligence of suppliers' agents, employees or subcontractors. Stated in another
           manner, warranty contained in the Contract Documents shall not amount to, nor shall
           it be deemed to be, waiver by Santa Clara County Office of Education of any rights
           or remedies (or time limits in which to enforce such rights or remedies) it may have
           for defective workmanship or defective materials under laws of this State pertaining
           to acts of negligence.
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1.9   WARRANTIES AND BONDS

      A.   Execute Contractor's submittals and assemble documents executed by subcontractors,
           suppliers, and manufacturers.

           1. Provide table of contents and assemble in 8-1/2 inches by 11 inches three-ring
              binder with durable plastic cover.

           2. Assemble in Specification Section order.

      B.   Submit material prior to Final Application for Payment.

           1. For equipment put into use with Santa Clara County Office of Education's
              permission during construction, submit within ten (10) working days after first
              operation.

           2. For items of work delayed materially beyond Date of Substantial Completion,
              provide updated submittal within ten (10) working days after acceptance, listing
              date of acceptance as start of warranty period.

      C.   Warrant the entire work against defects in materials and workmanship for twelve (12)
           months from date of acceptance. In addition, warrant or bond work as required in the
           individual specification sections.

      D.   Warranties between Contractor and manufacturers and between Contractor and
           suppliers shall not affect warranties between Contractor and the County.

      E.   Submit warranties typed on Contractor’s letterhead if for the entire work and on the
           Subcontractor’s letterhead if for the work of a specific section. Use the form in
           Section 017800, Contract Closeout Forms.

      F.   Warranties are intended to protect Santa Clara County Office of Education against
           failure of work and against deficient, defective and faulty materials and
           workmanship, regardless of sources.

      G.   Limitations: Warranties are not intended to cover failures which result from the
           following:

           1. Unusual or abnormal phenomena of the elements.

           2. Vandalism after substantial completion.

           3. Insurrection or acts of aggression including war.

      H.   Related Damages and Losses: Remove and replace work which is damaged as result
           of defective work, or which must be removed and replaced to provide access for
           correction of warranted work.
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I.   Warranty Reinstatement: After correction of warranted work, reinstate warranty for
     corrected work to date of original warranty expiration or to a date not less than 365
     days after corrected work was done, whichever is later.

J.   Replacement Cost: Replace or restore failing warranted items without regard to
     anticipated useful service lives.

K.   Warranty Forms: Submit drafts to Architect for approval prior to execution. Forms
     shall not detract from or confuse requirements or interpretations of Contract
     Documents.

     1. Warranty shall be countersigned by manufacturers.

     2. Where specified, warranty shall be countersigned by subcontractors and
        installers.

L.   Rejection of Warranties: Santa Clara County Office of Education reserves right to
     reject unsolicited and coincidental product warranties which detract from or confuse
     requirements or interpretations of Contract Documents.

M.   Term of Warranties: For materials, equipment, systems and workmanship warranty
     period shall be two (2) years minimum from date of substantial completion of entire
     work except where:

     1. Detailed specifications for certain materials, equipment or systems require longer
        warranty periods.

     2. Materials, equipment or systems are put into beneficial use of Santa Clara County
        Office of Education prior to Substantial Completion as agreed to in writing by
        Architect.

N.   Warranty of Title: No material, supplies, or equipment for work under Contract shall
     be purchased subject to any chattel mortgage, security agreement, or under a
     conditional sale or other agreement by which an interest therein or any part thereof is
     retained by seller or supplier. Contractor warrants good title to all material, supplies,
     and equipment installed or incorporated in work and agrees upon completion of all
     work to deliver premises, together with improvements and appurtenances constructed
     or placed thereon by Contractor, to Santa Clara County Office of Education free from
     any claim, liens, security interest, or charges, and further agrees that neither
     Contractor nor any person, firm, or corporation furnishing any materials or labor for
     any work covered by Contract shall have right to lien upon premises or improvement
     or appurtenances thereon. Nothing contained in this Paragraph, however, shall defeat
     or impair right of persons furnishing materials or labor under bond given by
     Contractor for their protection or any rights under law permitting persons to look to
     funds due Contractor in hands of Santa Clara County Office of Education.
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1.10   CERTIFICATION OF ASBESTOS-FREE CONSTRUCTION

       A.   Certify that no materials containing asbestos were incorporated into the construction
            of work of the Contract.

       B.   Submit certification typed on Contractor’s letterhead, identifying the project by name,
            address, County’s job number and Division of the State Architect (DSA) file and
            application numbers. See Section 017800, Contract Closeout Forms.

1.11   RESTORATION OF DAMAGED WORK

       A.   Restore or replace, as specified or directed by the Architect, materials and finishes
            damaged from movement of equipment or other operations at no additional expense
            to the County.

       B.   Restore materials to match original work. Finishes shall match appearance of original
            adjacent work.

1.12   REMEDIAL WORK

       A.   Perform remedial work as necessary due to faulty workmanship or materials at no
            additional cost to the County.

       B.   Coordinate remedial work with the County. Perform at such time and in such a
            manner to cause minimal interruption and inconvenience to the County’s operation.

1.13   TURN-IN

       A.   Contract will not be closed out and final payment will not be made until all personnel
            Identification Media, vehicle permits and keys issued to Contractor during
            prosecution of work are turned in to Santa Clara County Office of Education.

2.0    PRODUCTS

       A.   Not applicable to this Section.

3.0    EXECUTION

       A.   Not applicable to this Section.


                                     END OF SECTION
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                                                       SANTA CLARA COUNTY OFFICE OF EDUCATION



SECTION 017800 – CONTRACT CLOSEOUT FORMS

CONTRACTOR'S CERTIFICATE OF SUBSTANTIAL COMPLETION

        OWNER:                                                ARCHITECT:

TO:     Santa Clara County Office of Education                Weston Miles Architects
        1290 Ridder Park Drive                                17500 Depot St. #120
        San Jose, CA 95131-2398                               Morgan Hill, CA 95037

PROJECT:         The Foundry Community Day School Relocatable Campus Expansion

ATTENTION: On-site Construction Manager:

FROM:                                                                       (Firm or Corporation)

This is to certify that I,                                                   am an authorized

official of                            working in the capacity of                       and have been
properly authorized by said firm or corporation to sign the following statements pertaining to the
subject contact:

I know of my own personal knowledge, and do hereby certify, that the work of the contract described
above has been substantially performed in accordance with, and in conformity to, the contract
drawings and specifications. A list of all incomplete work is attached.

The contractor hereby releases the County and its agents from all claims of and liability to the
contractor for anything done or furnished for or relating to the work, as specified in the Project
Manual, except demands against the County for the remainder of progress payments retained to date,
and unresolved written claims prior to this date.

The contract work is now substantially complete, ready for its intended use, and ready for your
inspection. You are requested to issue a Certificate of Substantial Completion.



                                               Signature:

                                               Date:
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                                                       SANTA CLARA COUNTY OFFICE OF EDUCATION


CONTRACTOR'S CERTIFICATE OF FINAL COMPLETION

       OWNER:                                                  ARCHITECT:

TO:    Santa Clara County Office of Education                  Weston Miles Architects
       1290 Ridder Park Drive                                  17500 Depot St. #120
       San Jose, CA 95131-2398                                 Morgan Hill, CA 95037

PROJECT:       The Foundry Community Day School Relocatable Campus Expansion

ATTENTION: On-site Construction Manager:

FROM:                                                                       (Firm or Corporation)
This is to certify that I,                                                   am an authorized
official of                            working in the capacity of                       and have been
properly authorized by said firm or corporation to sign the following statements pertaining to the
subject contact:

I know of my own personal knowledge, and do hereby certify, that the work of the contract described
above has been substantially performed, and materials used and installed to date in accordance with,
and in conformity to, the contract drawings and specifications.

The contract work is now complete in all parts and requirements, excepting the attached list of minor
deficiencies and the reasons for each being incomplete to date, for which exemption from final
payment
requirements is requested (if no exemptions requested, write "none")                 . The work is
now ready for your final inspection. The following items required from the Contractor prior to
application for final payment are submitted herewith, if any:

I understand that neither the issuance by the Construction Manager of a Notice of Completion, nor
the acceptance thereof by the County, shall operate as a bar to claim against the Contractor under the
terms of the guarantee provisions of the contract documents.



                                               Signature:

                                               Date:
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                                                          SANTA CLARA COUNTY OFFICE OF EDUCATION



FINAL WAIVER OF LIEN

TO ALL WHOM IT MAY CONCERN:

WHEREAS, the undersigned has been employed by Santa Clara County Office of Education
to furnish labor and materials for (                                      work, under a contract for
the                                            in the City of San Jose, County of Santa Clara, State
of California, of which Santa Clara County Office of Education is the County.

NOW THEREFORE, this ____ day of_____________________, 2009, for and in consideration of
the sum of (B)                                                dollars paid simultaneously herewith, the
receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and
release any lien* rights to, or claim of lien with respect to and on said above-described premises, and
the improvements thereon, and on the monies or other consideration due or to become due from the
County, on account of labor, services, materials, fixtures, apparatus or machinery heretofore or which
may hereafter be furnished by the undersigned to or for the above-described premises by virtue of
said contract.


(C)
                  (Name of sole ownership, corporation or partnership)

                  _______________________________________________
                  (Signature of Authorized Representative)

Title: ___________________________________________

INSTRUCTIONS FOR FINAL WAIVER:

(A)       Fill in nature and extent of work, strike the word labor or the word materials if not in your
          contract.

(B)       Amount shown should be the amount actually received and equal to total amount of contract
          as adjusted.

(C)       If waiver is for a corporation name should be used, and title of officer signing waiver should
          be set forth; if waiver is for a partnership, the partnership name should be used, partner
          should sign and designate himself as partner.

      *   The word lien as used herein shall include Stop Orders, Stop Notices, or Freeze Orders on
          monies or other consideration of the County which are due or to become due on the Contract
          referenced above.
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CONSENT OF SURETY FOR FINAL PAYMENT

PROJECT NAME:          The Foundry Community Day School Relocatable Campus Expansion
LOCATION:              San Jose, CA 95128

TYPE OF CONTRACT:

AMOUNT OF CONTRACT:

In accordance with the provisions of the above-named contract between Santa Clara County Office
of Education and the Contractor, the following named

Surety: _____________________________________

on the Payment Bond of the following named

Contractor:____________________________________

hereby approves of final payment to the Contractor, and further agrees that said final payment to the
Contractor shall not relieve the Surety Company named herein of any of its obligations to the
following named Owner (as set forth in said Surety company's bond):

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this                day of

                           , 200   .



                                                       (Name of Surety Company)


(Seal Here)
                                                       (Signature of Authorized Representative)



                                                       Title:
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AFFIDAVIT OF PAYMENT

TO ALL WHOM IT MAY CONCERN:

WHEREAS, the undersigned has been employed by Santa Clara County Office of Education to
furnish labor and materials under a contract dated             for the The Foundry Community
Day School Relocatable Campus Expansion, in the County of Santa Clara, State of California, of
which Santa Clara County Office of Education is the Owner (County).

NOW, THEREFORE, this               day of                   , 2009, the undersigned, as the Contractor
for the above-named Contract pursuant to the Conditions of the Contract, hereby certifies that, except
listed below, he has paid in full or has otherwise satisfied all obligations for all materials and
equipment furnished, for all work, labor and services performed, and for all known indebtedness and
claims against the Contractor for damages arising in any manner in connection with the performance
of the Contract referenced above for which the County or its property might in any way be held
responsible.

EXCEPTIONS: (If none, write "None." If required by the County, the Contractor shall furnish a
bond

satisfactory to the County for each Exception.) ________________________________.




                               Contractor (Name of sole Ownership, corporation or partnership)



                               (Signature of Authorized Representative)



                               Title
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AFFIDAVIT OF RELEASE OF LIENS BY THE CONTRACTOR

TO ALL WHOM IT MAY CONCERN:

WHEREAS, the undersigned has been employed by Santa Clara County Office of Education to
furnish labor and materials for The Foundry Community Day School Relocatable Campus
Expansion,

under a contract dated              for the                                                in the
County of Santa Clara, State of California, of which Santa Clara County Office of Education.

NOW, THEREFORE, this             day of                     , 2009, the undersigned, as the Contractor
for the above-named Contract pursuant to the Conditions of the Contract, hereby certifies that to the
best of his knowledge, information and behalf, except as listed below, the Releases or Waivers of
Lien* attached hereto include the Contractor, all subcontractors, all suppliers of materials and
equipment, and all performers of work, labor or services, who have or may have liens against any
property of the County and on the monies or other considerations due or to become due from the
County arising in any manner out of the performance of the Contract referenced above.

EXCEPTIONS: (If none, write "None." If required by the County, the Contractor shall furnish bond
satisfactory to the County for each Exception.) _____________________________.

ATTACHMENTS:

1.     Contractor's Release or Waiver of Liens, conditional upon receipt of final payment.

2.     Separate Release or Waiver of Liens from Subcontractors and material and equipment
       suppliers.



                               Contractor (Name of sole ownership corporation or partnership)



                               (Signature of Authorized Representative)



                               Title

*      The work lien as used herein shall include Stop Orders, Stop Notices, or Freeze Orders on the
       monies other consideration of the County that are due or to become due on the Contract
       referenced above.
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HAZARDOUS MATERIALS STATEMENT

THE FORM BELOW IS FURNISHED FOR THE CONVENIENCE OF EQUIPMENT OR
MATERIALS MANUFACTURERS, DISTRIBUTORS, SUPPLIERS AND THE CONTRACTOR
AND MAY BE REPRODUCED AS NECESSARY TO COMPLY WITH SUBMITTAL
DOCUMENTATION AS DEFINED IN "SUPPLEMENTARY CONDITIONS".


I,
               (Name)          Please Print or Type                           (Title)

of The Foundry Community Day School Relocatable Campus Expansion do hereby declare

that in completing the work of ________________________________________________
no manufactured materials assembly/device or item of construction will contain, or in itself is
composed of, any materials listed (by Federal or State EPA or Federal or State health agencies) as a
hazardous material.



                                       Name


                                       Title


                                       Date



THIS STATEMENT MUST BE NOTARIZED.

Attach the "California All-Purpose Acknowledgement" duly notarized
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WARRANTY FOR

We hereby warrant that the                            that we have provided in the The
Foundry Community Day School Relocatable Campus Expansion has been completed in accordance
with the requirements of Specification Section(s)            and the contract documents.

We agree to repair any or all of our work, together with any other adjacent work which may be
displaced by so doing, that may prove to be defective in its workmanship or material within a

period of                        from the date of acceptance of the above named project by the
County; and we also agree to repair any and all damages resulting from such defects, all without
additional cost to the County, ordinary wear and tear and unusual abuse or neglect accepted.

In the event of our failure to comply with the above mentioned conditions within thirty (30) days
after being notified in writing by the County, we collectively or separately do hereby authorize
County to proceed to have such defective work repaired or replaced and made good at our expense,
and we will honor and pay the costs and charges therefore upon demand.

Signed:                                                               Date

Subcontractor’s Name:

Address:


License Number:

Countersigned:                                                        Date

Contractor’s Name:

Address:


License Number:
or
Manufacturer’s Name:

Address:


THIS STATEMENT MUST BE NOTARIZED
Attach the “California All-Purpose Acknowledgement” duly notarized.


                                        END OF SECTION
                                                               B34E-08-09 – FIRE ALARM SYSTEM
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                                                   SANTA CLARA COUNTY OFFICE OF EDUCATION



SECTION 018119 - CONSTRUCTION INDOOR AIR QUALITY
                 MANAGEMENT

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes procedures for achieving an environmentally conscious Work
           Product. The Contractor shall:

           1. Prepare a Construction Indoor Air Quality Management Plan (IAQ) in
              accordance with this Section (refer to paragraphs 1.2 and 1.3 below).

           2. Adhere to the methods and procedures outlined in the Construction IAQ during
              construction and closeout.

           3. Document compliance with the Construction IAQ during construction.

           4. Submit certification to the County at closeout demonstrating compliance with the
              Construction IAQ requirements.

1.2   SPECIAL SUBMITTAL REQUIREMENTS

      A.   Construction Indoor Air Quality Management Plan (IAQ): Not less than 21 days prior
           to installation of HVAC ductwork or equipment, or application of coatings, sealants
           an/or finishes inside the enclosed building shell.

      B.   Revise and resubmit IAQ as required by the County or Architect.

           1. Approval of the Contractor’s Environmental Procedures Compliance plans will
              not relieve the Contractor of responsibility for adequate and continuing control of
              pollutants and other environmental protection measures required by Federal,
              state, county or local agencies.

1.3   PROVIDE A CONSTRUCTION IAQ MANAGEMENT PLAN THAT INCLUDES:

      A.   Procedures for meeting the applicable Sheet Metal and Air Conditioning National
           Design/Builders Association (SMACNA) Construction IAQ requirements.

      B.   Procedures for protection and remediation plans for damaged absorptive materials.

      C.   Training sessions for all contractors and subcontractors that they understand and
           agree to comply with the Construction IAQ Management Plan requirements.
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           1. Schedule and sequence of events for HVAC system installation/startup,
              application of interior coatings and finishes, and installation of building
              furnishings.

2.0   PRODUCTS

      A.   Not Applicable to this Section.

3.0   EXECUTION

3.1   DURING CONSTRUCTION THE CONTRACTOR SHALL:

      A.   Meet or exceed the applicable minimum requirements of the SMACNA and the IAQ
           Guidelines for Occupied Buildings Under Construction, 1995, Chapter 3, for the
           items listed below which the contractor shall supply during construction:

           1. HVAC Protection:

               a. Protect all air handling and distribution equipment, and air supply and return
                  ducting during construction.

               b. Adequately cover and protect all exposed air inlet and outlet openings, grilles,
                  ducts, plenums, etc., to prevent water, moisture, dust, and other contaminant
                  intrusion.

               c. Apply protection immediately after installation of equipment and ducting.

               d. Ducting runs that require more than a single day to install shall be protected
                  at the end of each day’s work.

           2. Source Control:

               a. Protect stored onsite or installed absorptive or porous materials including, but
                  not limited to, batt insulation, drywall, and carpeting from exposure to
                  moisture.

               b. Do not use moisture-damaged porous materials in the building.

               c. Provide adequate ventilation of packaged dry products prior to installation to
                  allow for gassing of Volatile Organic Compounds (VOCs). Remove from
                  packaging and ventilate in a a secure, dry, well-ventilated space free from
                  strong contaminant sources and residues. Provide a temperature range of 60
                  degrees F minimum to 90 degrees F maximum continuously during the
                  ventilation period. Do not ventilate within limits of work unless otherwise
                  approved by the Architect.

           3. Housekeeping:

               a. Minimize accumulation of dust fumes, vapors, or gases in the building.
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                                        SANTA CLARA COUNTY OFFICE OF EDUCATION



   b. Suppress dust with wetting agents or a sweeping compound.

   c. Clean up dust using a wet rag or damp mop.

   d. Increase the cleaning frequency when dust buildup is noted.

   e. Remove spills or excess applications of solvent-containing products as soon
      as possible.

   f. Remove accumulated water and keep work areas as dry as possible.

   g. Vacuum using HEPA-filtered vacuum cleaners.

   h. Store volatile liquids, including fuels and solvents, in closed containers and
      outside of the building when not in use.

   i.   Keep volatile liquid containers closed when the container is inside of the
        building and not in use.

4. Scheduling:

   a. Develop schedule for application of interior finishes including time frames
      for the application of wet materials onto dry materials, dry materials onto wet
      materials, and expected curing times for applied wet materials.

   b. Schedule application of wet material floor coverings, wall coverings, and
      other porous finish materials after activation of building HVAC and exhaust
      systems.

   c. Wet materials include all paints, adhesives, sealants, coatings, finishes and
      spray-applied materials.

   d. Insure that all wet applied interior finish materials are properly and fully
      cured before installing other finish materials over them.

   e. Install carpets and furnishings after all other interior finish materials have
      been applied and fully cured.

   f. Provide sufficient ventilation, air circulation and air changes to properly cure
      materials. Run HVAC system and exhaust fans 24 hours per day during this
      period. Return air dampers shall be closed to provide 100% fresh air intake.
      Temperatures shall be maintained at approximately 75 degrees F (verify
      specific recommended temperature settings with coating and finish
      manufacturer’s product data). Filtration media with a Minimum Efficiency
      Reporting Value (MERV) of 8 must be used at each return grill, as
      determined by ASHRAE 52.2-1999.
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                                             SANTA CLARA COUNTY OFFICE OF EDUCATION


         g. Provide sufficient ventilation, air circulation and air changes to dissipate
            excess humidity when present. Relative humidity shall not be allowed to
            exceed 40%.

B.   Use nontoxic cleaning materials and procedures to avoid the release of toxic fumes
     and VOCs into finished spaces within the building.

C.   Replace all filtration media immediately prior to occupancy.

     1. Filtration media shall have a Minimum Efficiency Reporting Valve (MERV) of
        13, as determined by ASHRAE 52.2-1999 for media installed at the end of
        construction.

     2. Provide cut sheets of filtration media used during construction and installed prior
        to occupancy with MERV highlighted.

     3. Provide a letter declaring that all filtration media was replaced prior to
        occupancy.

D.   During construction provide photographs of Construction IAQ management measures
     such as protection of ducts and onsite stored or installed absorptive materials to
     document compliance with the Construction IAQ management plan.


                              END OF SECTION
                                                                B34E-08-09 – FIRE ALARM SYSTEM
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                                                    SANTA CLARA COUNTY OFFICE OF EDUCATION



SECTION 024113 - SELECTIVE SITE DEMOLITION – For
                 Reference Only

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes all labor, materials, equipment, operations, or methods listed,
           mentioned, or scheduled on the plans and/or herein specified, including all incidentals
           necessary and required for completion of work under this Section.

      B.   Provide demolition services for components of the existing conditions as noted in
           part 1.5 of this Section.

1.2   RELATED SECTIONS

      A.   Documents affecting work of this Section include, but are not necessarily limited to,
           General Conditions, Special Conditions and Division 1 of these Contract Documents.

      B.   Section 017400, Construction Cleaning and Waste Management

1.3   SUBMITTALS

      A.   Comply with provisions of Section 013300, Submittal Procedures.

      B.   Obtain and provide permits and notices authorizing building demolition, including
           permit(s) for transporting and disposing of debris.

      C.   Provide certificates of severance for utility services.

      D.   Provide demolition procedures and operational sequence for Architect’s review.

1.4   QUALITY ASSURANCE

      A.   All work shall conform to the California Building Code in effect at the time of project
           approval.

1.5   SITE CONDITIONS

      A.   Existing conditions as noted specifically on the Drawings:

           1. Items to be demolished include, but are not limited to: turf field, sidewalk,
              fencing, site concrete, AC paving, possible removal of existing cold water and
              sanitary sewer lines if in the way. No demolition debris or any other spoils or
              material piles may remain on the site. Removal must be ongoing throughout
              demolition operations.
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      B.      Protection:

              1. Erect temporary barriers, fences, guard rails, enclosures, chutes, and shoring to
                 protect personnel, structures, and utilities remaining intact. Erect a temporary
                 perimeter fence, as noted on A1.1 site plan, to protect and not interfere with
                 ongoing activities of the playfields, related services and daily school operations.

      C.      Maintaining Traffic:

              1. Do not close or obstruct streets, sidewalks, alleys, or passageways without
                 permission from authorities having jurisdiction.

              2. If required by governing authorities, provide alternate routes around closed or
                 obstructed traffic ways.

              3. Provide diversion plan/barricades as required and personnel to ensure compliance
                 as required by the City of Rancho Cordova Department of Public Works.

2.0   PRODUCTS

      Not applicable to this Section.

3.0   EXECUTION

3.1   EXAMINATION

      A.      Verify that areas to be demolished are unoccupied and discontinued in use.

      B.      Do not commence work until conditions are acceptable to the Architect.

3.2   PREPARATION

      A.      Remove items scheduled to be salvaged and place in designated storage area.

3.3   DEMOLITION

      A.      Sprinkle debris and use temporary enclosures as necessary to limit dust to lowest
              practicable level.

      B.      Do not use water to the extent of causing flooding or contaminated runoff.

      C.      Do not use explosives.

      D.      Break concrete and masonry into sections less than 3 feet in any dimension.

      E.      Remove all demolished material from site. See part 1.5.A above.

      G.      Repair all damage to adjacent properties.
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3.4   DISPOSAL

      A.   Remove demolition debris weekly.

      B.   Do not store or burn materials on site.

      C.   Transport demolition debris to off-site disposal area.

      D.   Recycle all materials as far as practical.


                                     END OF SECTION
                                                              B34E-08-09 – FIRE ALARM SYSTEM
                                PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                                  SANTA CLARA COUNTY OFFICE OF EDUCATION



SECTION 283100 – FIRE DETECTION ALARM SYSTEM

1.0   GENERAL

1.1   SUMMARY

      A.   This Section includes all labor, materials, equipment, operations, or methods listed,
           mentioned or scheduled on the plans and/or herein specified, including all incidentals
           necessary and required for completion and proper operation of work under this
           Section.

      B.   Provide and install fire alarm system as shown on project Drawings:

           1.     The system shall include, but not be limited to the following elements:

                  a.      Reprogramming the existing Master system CPU and adding
                          modules as necessary to accommodate all new devices to be installed
                          including all other accessories required to provide a complete and as
                          part of the existing operable system.

                  b.      Field survey and record the existing fire alarm to verify all
                          information shown on contract fire alarm drawings and specification
                          within three months of notice to proceed. Notify the Architect any
                          discrepancies and prepare shop drawings accordingly. Contract fire
                          alarm drawings are not shop drawings, the Contractor shall provide
                          fire alarm shop drawings and submittals as stipulated in
                          SUBMITTALS, paragraph 1.4 hereafter.

                  c.      Power supplies, batteries and battery chargers.

                  d.      Equipment enclosures.

                  e.      Intelligent addressable manual pull stations, heat detectors, analog
                          smoke detectors, alarm monitoring modules, and supervised control
                          modules.

                  f.      Audible and visual evacuation signals.

                  g.      Software and fireware as required to provide a complete functioning
                          system.

                  h.      Wiring, raceway, and all necessary cutting and patching.

                  i.      Installation, testing, certification, and operator’s training.

                  j.      Field verifying field existing conditions before doing any work.
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                    k.      Labeling each device with its specific device address with transparent
                            labels and red markings.

                    l.      Test the complete work. Correct any deficiencies to the satisfaction of
                            the Engineer and the Fire County.

                    m.      Training on Fire Alarm System Operation.

1.2   RELATED SECTIONS

      A.     Documents affecting work of this Section include, but are not necessarily limited to,
             General Conditions, Special Conditions and Division 1 of these Contract Documents.

      B.     Section 260000, Electrical General Provisions.

      C.     Section 261000, Basic Construction Materials and Methods.

1.3   SYSTEM DESCRIPTION

      A.     The existing fire alarm system shall be a complete system to meet the SB575 Green
             Oaks Family Academy Elementary School Fire Protection Act, Fire-Lite MS-9200
             addressable system. The system as described shall be installed, tested, and delivered
             in first class condition to be a Fire-Lite system. The system shall include, but not
             limited to all required control equipment, power supplies, signal initiating devices,
             audible and visual alarm devices, raceways, wiring and all other accessories to
             accomplish the requirements of this specification and the contract drawings, whether
             itemized or not.

1.4   SUBMITTALS

      A.     Comply with pertinent provisions of Section 013300, Submittal Procedures.

      B.     Shop Drawings: Include sufficient information, clearly presented, to determine
             compliance with Drawings and Specifications

             1.     Include manufacturer’s name, model numbers, California State Fire
                    Marshal’s listing numbers, ratings, power requirements, equipment layout,
                    device arrangement, complete wiring point-to point diagrams, and conduit
                    layouts.

             2.     All device and equipment installation manuals and point-to-point wiring
                    connection details.

             3.     Show remote annunciator layout, configurations and terminations.

             4.     Battery calculations and voltage drop calculations.
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      C.   Certifications: Submit certifications from major equipment manufacturer that
           proposed installer of installation and proposed performer of maintenance are
           authorized representatives of the manufacturer. Include names and address in
           certification.

1.5   OPERATION AND MAINTENANCE DATA

      A.   Submit complete operating and maintenance manual listing manufacturer’s name and
           including technical data sheets along with as-built shop drawings.

      B.   Wiring diagrams shall indicate internal wiring for each item of equipment and the
           interconnections between items of equipment.

      C.   Provide clear concise description of operation that gives detailed information required
           to properly operate equipment and system.

1.6   QUALITY ASSURANCE

      A.   System shall have listing and/or approval for the following agencies as suitable for
           extinguishing release applications:

           1.     Underwriters Laboratories Inc.

           2.     California State Fire Marshal.

1.7   QUALIFICATIONS

      A.   Manufacture: Company specializing in the manufacture of fire alarm systems with
           minimum 5 years documented experience, whose installations have rendered
           satisfactory service for minimum 2 years, and who shall provide factory trained
           technical support.

      B.   Installer: Company specializing in the installation of fire alarm systems with
           minimum 2 years documented experience and meeting the following criteria:

           1.     NICET level 2 or greater

           2.     Located within 60-mile radius of project site.

           3.     Authorized dealer of specified manufacturer employing factory trained
                  personnel

           4.     All parts of system stocked within offices.

           5.     Capable of providing service response within 24 hours or less.
B34E-08-09 – FIRE ALARM SYSTEM
PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
SANTA CLARA COUNTY OFFICE OF EDUCATION



      C.     Criminal Background Investigation Certification

             1.     Contractor must comply with the fingerprinting and criminal background
                    investigation requirements of California Education Code, Section 45125.1
                    with respect to all Contractor’s employees who may have contact with
                    SCCOE pupils in the course of providing services pursuant to the contract,
                    and that the California Department of Justice has determined that none of
                    those employees has been convicted of a felony, as that term is defined in
                    Education Codes, Section 45122.1.

             2.     A complete and accurate list of Contractor’s employees who may come in
                    contact with SCCOE pupils during the course and scope of the contract must
                    be provided to SCCOE prior to contractor working on project.

1.8   REGULATORY REQUIRMENTS

      A.     The specifications and standards listed below form a part of this specification. The
             system shall fully comply with these standards.

      B.     National Fire Protection Association (NFPA) - USA:

             1.     No. 70-90 National Electrical Code (NEC)

             2.     No. 71-89 Central Station Signaling Systems

             3.     No. 72-93 Protective Signaling Systems

             4.     No. 72-93 Automatic Fire Detectors

             5.     No. 72-93 Notification Appliances for Protective Signaling Systems.

             6.     No. 72-93 Testing Procedures for Signaling Systems.

             7.     No. 101-93 Life Safety Code

             8.     No. 268 Smoke Detectors for Fire Protective Signaling Systems, July 20,1987

             9.     No. 864 Control Units for Fire Protective

             10.    Signaling Systems, May 26, 1987

             11.    No. 268A Smoke Detectors for Duct Applications.

             12.    No. 521 Heat Detectors for Fire Protective

             13.    No. 464 Audible Signaling Appliances.
                                                                B34E-08-09 – FIRE ALARM SYSTEM
                                  PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                                    SANTA CLARA COUNTY OFFICE OF EDUCATION



            14.     No. 38 Manually Actuated Signaling Boxes.

            15.     Signaling Systems.

            16.     No. 1971 Visual Notification Appliances.

       C.   Underwriters Laboratories Inc. (UL) - USA:

       D.   Local and State Building Codes

       E.   All requirements of the Authority Having Jurisdiction (AHJ).

1.9    PROJECT/SITE CONDITIONS

       A.   Detectors must be protected for dust due to construction.

            1.      Detectors installed and not protected from dust shall be removed and replaced
                    at contractor’s expense.

            2.      Detectors subjected to construction debris will not be accepted.

       B.   Devices mounted on walls prior to final painting is not acceptable.

1.10   WARRANTY

       A.   Fire alarm panel shall have a five- (5) year manufactures warranty from date of
            system acceptance.

       B.   Signaling devices shall have a two- (2) year manufactures warranty from date of
            system acceptance.

       C.   Labor shall have a two- (2) year on all fire alarm equipment

       D.   Warranties shall not begin until the fire alarm system has been completely tested and
            inspected by the authority having jurisdiction and fire alarm system accepted by
            SCCOE.

       E.   The full cost of maintenance, labor and materials that is required to correct any defect
            during the warranty period shall be included.

       F.   System inspections per NFPA-72 2002 shall be included for the two-year warranty
            period.

1.11   COUNTY’S INSTRUCTIONS

       A.   Installing contractor shall provide training of Fire Alarm System by factory trained
            persons
B34E-08-09 – FIRE ALARM SYSTEM
PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
SANTA CLARA COUNTY OFFICE OF EDUCATION



             1.     Provide a minimum two on-site training sessions for school staff.

             2.     Provide a minimum one on-site training session for SCCOE maintenance
                    personnel.

       B.    Training sessions shall provide:

             1.     Instruction for operating the fire alarm system.

             2.     “Hands-on” demonstrations of the operations of all system components.

             3.     Instruct SCCOE maintenance personnel process of changing program and
                    functions

       C.    Provide typewritten Sequence of Operation to SCCOE and school staff.

       D.    Permanently attach Sequence of Operation for fire alarm panel on wall next to fire
             alarm panel.

       E.    Each training session shall be minimum of 2 hours excluding traveling time.

1.12   MAINTENANCE

       A.    Maintenance and testing shall be per NFPA-72 or as required by the authority having
             jurisdiction.

       B.    A preventive maintenance schedule shall be provided by the fire alarm contractor that
             shall describe the protocol for preventive maintenance. The schedule shall include:

             1.     Systematic examination, adjustment and cleaning of all detectors, manual fire
                    alarm stations, control panels, power supplies, relays, water flow switches
                    and all accessories of the fire alarm system.

             2.     Each circuit in the fire alarm system shall be tested minimum of semiannually

             3.     Each smoke detector shall be tested in accordance with the requirements of
                    NFPA-72

2.0    PRODUCTS

2.1    CONDUIT AND WIRE

       A.    Conduit:

             1.     Installation shall be in accordance with The National Electrical Code (NEC),
                    local and state requirements.
                                                          B34E-08-09 – FIRE ALARM SYSTEM
                            PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                              SANTA CLARA COUNTY OFFICE OF EDUCATION



     2.      All Surface wiring shall be installed in Wiremold type raceway. Conduit fill
             shall not exceed 40 percent or interior cross sectional area where three or
             more cables are contained within a single conduit.

     3.      Cable must be separated from any open conductors of Power, or Class 1
             circuits, and shall not be placed in any conduit, junction box or raceway
             containing these conductors, as per NEC Article 760-29.

     4.      Wiring for 24 volt control, alarm notification, emergency communication and
             similar power-limited auxiliary functions may be run in the same conduit as
             initiating and signaling line circuits. All circuits shall be provided with
             transient suppression devices and the system shall be designed to permit
             simultaneous operation of all circuits without interference or loss of signals.

     5.      Raceway shall not enter the Fire Alarm Control Panel, or any other remotely
             mounted Control Panel equipment or back boxes, except where conduit entry
             is specified by the FACP manufacturer.

     6.      Raceway shall be ¾ inch (19.1 mm) minimum, and size accordingly.

     7.      Raceway shown on plans is diagramical. Actual site conditions may affect
             conduit routing. It is the responsibility of contractor to verify all conditions.

B.   Wire:

     1.      All fire alarm system wiring shall be new.

     2.      Wiring shall be in accordance with local, state and national codes (e.g., NEC
             Article 760) and as recommended by the manufacturer of the fire alarm
             system. Number and size of conductors shall be as recommended by the fire
             alarm system manufacturer, but not less than 18 AWG (1.02 mm) for
             Initiating Device Circuits and Signaling Line Circuits, and 14 AWG (2.05
             mm) for Notification Appliance Circuits.

     3.      All wire and cable shall be listed and/or approved by a recognized testing
             agency for use with a protective signaling system.

     4.      Wire and cable not installed in conduit shall have a fire resistance rating
             suitable for the installation as indicated in NFPA 70 (e.g., FPLR).

     5.      Wiring used for the multiplex communication loop shall be twisted pair and a
             data grade cable meeting FPL ratings. Cable is to be that which is
             recommended by the fire alarm equipment manufacturer. The system shall
             permit use of IDC and NAC wiring in the same conduit with the
             communication loop.

     6.      All field wiring shall be completely supervised.
B34E-08-09 – FIRE ALARM SYSTEM
PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
SANTA CLARA COUNTY OFFICE OF EDUCATION



             7.     All underground wires and cables shall be underground and waterproof rated
                    by the manufacturer.

      C.     Terminal Boxes, Junction Boxes and Cabinets:

             1.     All boxes and cabinets shall be UL listed for their use and purpose.

             2.     Notification devices:

                    a.      Devices being surface mount shall be mounted in boxes from the
                            device manufacture.

                    b.      Devices being mounted flush shall be mounted in a 4” square box
                            (minimum of 2-1/2 inches deep)flush with wall

             3.     Initiation devices:

                    a.      Devices being surface mount shall be mounted in boxes from the
                            device manufacture.

                    b.      Devices being mounted flush shall be mounted in a 4” square box
                            (minimum of 2-1/2 inches deep) flush with a one gang plaster ring.

             4.     Detectors:

                    a.      Detectors mounted in areas not occupied may be surface mount to a
                            four square box.

                    b.      Detectors mounted surface in areas to be occupied shall use round
                            wiremold boxes to fit detector base.

                    c.      Detectors mounted flush shall have a 4-square box with a 4-O plaster
                            ring.

             5.     Notification circuits shall be arranged to serve like categories (manual,
                    smoke, and water flow). Mixed category circuitry shall not be permitted
                    except on signaling line circuits connected to addressable reporting devices.

2.2   SYSTEM OPERATION

      A.     Sequence of Operation

             1.     When a fire alarm condition is detected by one of the system initiating
                    devices, the following functions shall immediately occur:

                    a.      All automatic programs assigned to the alarm point shall be executed
                            and the associated indicating devices and relays activated.
                                                        B34E-08-09 – FIRE ALARM SYSTEM
                          PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                            SANTA CLARA COUNTY OFFICE OF EDUCATION



           b.       Fire alarm horn shall sound in temporal pattern.

           c.       Fire alarm strobes shall flash at the rate per code and shall
                    synchronize if more than one strobe in one room or open area.

           d.       The System Alarm on appropriate panel will indicate an alert
                    condition.

           e.       Activate all control by event functions related to the alarm.

           f.       The municipal fire department to be signaled automatically.

           g.       Fan systems, i.e. shutdown, exhaust and pressurization operations to
                    be initiated.

           h.       Doors with hold open devices shall be signaled to release.

           i.       When a troubled condition is detected by one of the system initiating
                    or indicating circuits, the following functions shall immediately
                    occur:

                    1.       System Trouble will be indicated on the panel and system
                             annunciator(s).

                    2.       A local trouble-sounding device in the panel and annunciator
                             shall be activated. This sound shall be distinct from the
                             alarm sound.

           j.       The appropriate message will appear on the LCD display.

           k.       See fire alarm drawings for other requirement and sequence of
                    operation.

B.   Power Supply

     1.    The power supply for the panel and all fire alarm peripherals shall be integral
           to the control panel. The power supply provides all control panel and
           peripheral power needs.

     2.    Positive-temperature-coefficient (thermistors), circuit breakers, or other over-
           current protection shall be provided on all power outputs.

     3.    Input power shall be 120 VAC 60 Hz. The power supply shall provide
           internal batteries and charger. Internal battery capacity shall be sized as
           required to meet ULC requirements.
B34E-08-09 – FIRE ALARM SYSTEM
PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
SANTA CLARA COUNTY OFFICE OF EDUCATION



             4.     The Main Power Supply shall provide a battery charging circuit consisting of
                    a fully automatic standby charger, rate compensated, capable of maintaining
                    battery in fully charged state and be capable of recharging batteries to 70% of
                    alarm capacity within 12 hours. Provide for normal operation of entire
                    system for 24 hours with power remaining to sound alarms for 5 minutes.

             5.     Provide charger with following supervised functions; circuit protection for shorts,
                    open disconnected or reversed polarity battery connection, supervision or
                    protection of high or low voltage, overcharging and charger failure. Automatic
                    load shedding or battery disconnects on deep discharge to prevent battery damage.

             6.     Batteries 24 V, rechargeable, gelled electrolyte, totally sealed, fully charged
                    with all interconnections ready for service. Maintenance free, long -life

      C.     Addressable Devices

             1.     Addressable Detectors

                    a.      All addressable detectors shall:

                            1.   Provide a test means whereby they will simulate an alarm
                                 condition and report that condition to the control panel. Such a
                                 test may be initiated at the detector itself, by activating a
                                 magnetic switch, or may be activated remotely on command
                                 form the control panel.

                            2.   Provide address-setting means on the detector head using rotary
                                 decimal switches. The detectors shall also store an Internal
                                 identifying code, which the control panel shall use to identify the
                                 type of detector.

                            3.   Provide dual alarm and power LED’s. Both LED’s shall flash
                                 under normal conditions, indicating that the detector is
                                 operational and in regular communication with the control panel.
                                 Both LED’s may be placed into steady illumination by the
                                 control panel, indicating that and alarm condition had been
                                 detected. An output connection shall also be provided in the
                                 base to connect an external remote alarm LED.

                            4.   Include a twist-lock base.

                            5.   In ceiling mounted.

                    b.      Addressable Photoelectric Smoke Detectors shall connect with two
                            wires to one of the control addressable input circuits. The detects
                            shall use the photoelectric principal to measure smoke density and
                            shall, on command from the control panel send data to the panel
                            representing the analog level of smoke density.
                                                B34E-08-09 – FIRE ALARM SYSTEM
                  PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                    SANTA CLARA COUNTY OFFICE OF EDUCATION



     c.     Addressable Ionization Detectors shall connect with two wires to one
            of the control addressable input circuits. The detectors shall use the
            dual-chamber Ionization principal to measure products of combustion
            and shall, on command from the control panel, send data to the panel
            representing the analog level of products of combustion.

     d.     Thermal Detectors with monitor module shall connect with two wires
            to one of the control panel addressable input circuit. The detectors
            shall use an electronic sensor to measure temperature levels in its
            chamber and shall, on command from the control panel, send data to
            the panel representing the analog temperature level.

2.   Monitor Module

     a.     The Monitor module shall be used to connect a supervised zone of
            conventional initiating devices (any N.O. dry contact device,
            including 4-wire smoke detectors) to an addressable input circuit.
            The Monitor Module shall mount in a 4-inch square, 2-1/8” deep
            electrical box. The zone shall be wired class B.

     b.     The Monitor module shall provide address-setting means using rotary
            decimal switches and shall also store an internal identifying code,
            which the control panel shall use to identify the type of device. An
            LED shall be provided which shall flash under normal conditions,
            indicating that the Monitor module is operational and in regular
            communication with the control panel.

3.   Isolator Module

     a.     The Isolator Module shall be used to isolate wire to wire short circuits
            on a loop and to limit the number of other modules or detectors that
            are incapacitated by the short circuit fault. Isolator modules should be
            placed between every 25 or less devices. Isolator modules are not
            shown on drawings, contractor shall provide and connect. Locate
            isolator modules at readily accessible space or area. If a wire to wire
            short occurs, the isolators shall automatically open-circuit. When a
            short is corrected, the isolators shall automatically reconnect the
            isolated section of the loop.

     b.     The Isolator module shall not require any address setting, although
            each isolator module will electrically reduce the capacity of the loop
            by two detector or module addresses.

     c.     The Isolator module will be mounted in a standard 4-inch square, 2-
            1/8” deep electrical box. It shall provide a single LED, which shall
            flash to indicate that the Isolator is operational and shall illuminate
            steadily to indicate that a short has been detected and isolated.
B34E-08-09 – FIRE ALARM SYSTEM
PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
SANTA CLARA COUNTY OFFICE OF EDUCATION



             4.     Synchronization Module:

                    a.     Provide strobe synchronization module to synchronize strobes if more
                           than one strobe in one room or open area.
      D.     Batteries

             1.     Shall be 12 volt, Gel-Cell type (two required).

             2.     Battery shall have sufficient capacity to power the fire alarm system for not
                    less than twenty-four hours plus 5 minutes of alarm upon a normal AC power
                    failure.

             3.     The batteries are to be completely maintenance free. No liquids are
                    required. Fluid level checks, refilling, spills and leakage shall not be
                    required.

2.3   FIRE ALARM EQUIPMENT

      A.     Fire Alarm Control Panel

             1.     The existing fire alarm control panel shall be a Fire-Lite MS-9200
                    addressable panel and shall include, but not limited to the hardware, software
                    and firmware required for a fully functionally fire alarm system.

      B.     Addressable Devices, modules

             1.     Mini Monitor Module MMF-301, MMF-302, or equal.

             2.     Monitor Module MMF-300, or equal.

             3.     Control Module CMF-300, or equal.

             4.     Isolator Module I300, or equal.

      C.     Addressable Devices, Detectors

             1.     Addressable Photoelectric Smoke Detector SD355, or equal.

             2.     Addressable Heat Detector SD355T, or equal.

             3.     Combination Rate-of-rise and Fixed temperature Heat Detector System
                    Sensor 5600, or equal.

             4.     6” base for Addressable Detectors B350LP, or equal.

             5.     Intelligent Air Duct Photoelectric Smoke Detector housing D350PL, or equal.
                                                                B34E-08-09 – FIRE ALARM SYSTEM
                                  PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                                    SANTA CLARA COUNTY OFFICE OF EDUCATION



      D.   Pull Stations (must be ADA approved, and must comply with CBC 1117 B.6.4.

           1.     Addressable Manual Pull Station BG-12LX, or equal.

                  a.        For locations requiring the pull station to be surface mounted use SB-
                            10 back box.

                  b.        For Locations requiring the pull station to be flush mounted use a 4”
                            square box (minimum 1-1/2” deep) with a single gang plaster ring
                            sized as required by code.

      E.   Audible Devices (Indicating Appliances)

           1.     4” Electronic-Mechanical Horn Wheelock AH-24MCW series, or equal, and
                  has Temporal audible pattern.

           2.     Exterior Box, WPBB

      F.   Audio-Visual Devices

           1.     4” Electro-Mechanical Horn with Strobe (Candela as required) Wheelock AS-
                  24MCW series for indoor and Wheelock AS-24WP series for outdoor
                  installation or equal, and shall be ADA compliant.

           2.     Exterior Box, WPPR.

      G.   Visual Devices

           1.     Visual signaling device (Candela as Required) Wheelock RSS-24MCW
                  series, or equal, and shall be ADA compliant.

      H.   Substitutions: No substitutions permitted.

3.0   EXECUTION

3.1   EXAMINATION

      A.   Verify that electrical components specified under Section 261000, Basic Construction
           Materials and Methods have been installed and are properly located and secured.

      B.   Electrical components match those of the fire alarm devices

      C.   Do not begin installation until unsatisfactory conditions have been corrected.

3.2   INSTALLATION

      A.   Install fire alarm system in accordance with manufacture’s instructions and final
           reviewed shop drawings.
B34E-08-09 – FIRE ALARM SYSTEM
PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
SANTA CLARA COUNTY OFFICE OF EDUCATION



3.3   TESTING AND ACCEPTANCE

      A.     At final inspection, manufacturer’s representative shall demonstrate that system
             functions properly in every respect.

      B.     Project Inspector, Architect and key SCCOE Personnel shall witness final test of the
             system.

      C.     NFPA inspection and testing form (NFPA 72 7-5.1 or latest version) shall be filled
             out completely and signed by those performing and witnessing the final test.

      D.     The original copy shall be delivered to the Project inspector. Copies of the original
             shall be made and delivered to the Contractor and Architect.

      E.     Audible test must be performed at time of inspections.

             1.     Must be 15dB above ambient noise.

             2.     Minimum dB level 60Db

      F.     Fire alarm contractor shall provide a “record of completion” to the inspector of record
             (IOR)/DSA after completion of operational acceptance tests.

      G.     Provide SCCOE the programming access secret codes and other security codes.


                                      END OF SECTION
                                                                B34E-08-09 – FIRE ALARM SYSTEM
                                  PORTABLE SITE PREP FOR THE FOUNDRY COMMUNITY DAY SCHOOL
                                                    SANTA CLARA COUNTY OFFICE OF EDUCATION



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