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 ROOFING PROJECT MANUAL




PLEASANTON UNIFIED SCHOOL DISTRICT
            4750 First Street
         Pleasanton, CA 94566



          BID NO. 2011-12.06
     AMADOR VALLEY HIGH SCHOOL
      ADMINISTRATIVE BUILDING




           Date of Issue: Friday, April 20. 2012


 Mandatory Pre-Bid Walk-Through: Thursday, May 3, 2012
               Amador Valley High School


    Bid Due Date and Opening: Friday, May 11, 2 p.m.




  THIS DOCUMENT MUST REMAIN INTACT
                                                                                                                                        2 of 146


                                  ROOF BID
             AMADOR VALLEY HIGH SCHOOL – ADMINISTRATIVE BUILDING



                                               TABLE OF CONTENTS


Article                                                                                                                                  Page

Notice Inviting Bids ........................................................................................................................ 3
Schedule of Forms to Be Submitted .............................................................................................. 5
Instructions to Bidders .................................................................................................................... 6
Bid Proposal Form .........................................................................................................................11
Non-Collusion Affidavit ................................................................................................................13
Subcontractors List ........................................................................................................................14
Bid Bond ........................................................................................................................................16
Notice to Contractors .....................................................................................................................18
Agreement (Between District/Contractor) .....................................................................................21
Payment Bond ................................................................................................................................23
Performance Bond .........................................................................................................................25
Escrow Agreement for Security Deposits in Lieu of Retention ....................................................28
Table of Contents to General Conditions.......................................................................................34
General Conditions ........................................................................................................................38
Workers Compensation Certification ..........................................................................................101
Criminal Background Check Certification ..................................................................................103
Special Conditions .......................................................................................................................110
Technical Specifications ..............................................................................................................114
                                                                                               3 of 146




                                    NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that Pleasanton Unified School District, County of Alameda,
State of California invites sealed proposals for the following:


                                       BID NO. 2011-12.06
  AMADOR HIGH SCHOOL – ADMINISTRATIVE BUILDING ROOFING PROJECT
(To furnish all labor, materials, equipment, transportation, and associated services to perform all
  operations in connection with the installation of roofing and flashing restoration and all other
                equipment detailed on the District’s drawings and specifications.)
______________________________________________________________________

Opening Date: Friday, May 11, 2012, at 2 p.m.

Proposals together with required Attachments to the Proposal shall be delivered to the Purchasing
Office of the Pleasanton Unified School District, 4750 First Street, Pleasanton, California not later
than 2 p.m. on Friday, May 11, 2012. Proposals received within the stipulated time will be
promptly opened in public and read aloud at said address. Proposals or attachments thereto received
after the stipulated time will be rejected without consideration.

OBTAINING BID SETS: Each proposal shall be in accordance with Contract Documents dated
April 20, 2012, and prepared by the Pleasanton Unified School District. The bid documents are
available for download from the District website at:
www.pleasanton.k12.ca.us/BusinessServices/Purchasing/NoticeBidders.cfm .
Bidders may request that a copy be emailed to them by sending the request to
purchasing@pleasanton.k12.ca.us. Paper copies may be obtained at the Purchasing Office, 4750
First Street, Pleasanton, CA 94566. A non-refundable mailing charge of thirty-five Dollars
($35.00) will be required for each set mailed to California cities. Mailing fees shall be tendered by
checks only. Bid sets are available to General Contractors and Roofing Contractors with specified
license only.

BID SECURITY: Each proposal shall be accompanied by a cashier's check, certified check or bid
bond executed by an admitted surety insurer for ten percent (10%) of the amount of the base bid in
the proposal, made payable to the order of the District.

MANDATORY PRE-BID JOB WALK: The District will hold a mandatory job walk on
Thursday, May 3, 2012, 9 a.m., at Amador Valley High School. All bidders wishing to become
familiar with the specifications, job layout and to take part in a general question and answer session
are required to attend. This will be the only project walk-through. Any contractor interested in
bidding is required to attend this project walk.

PERFORMANCE AND PAYMENT BONDS: The successful bidder, simultaneously with the
execution of the Agreement, will be required to furnish a Labor and Material Bond in an amount
equal to 100 percent of the Contract sum and a Faithful Performance Bond in an amount equal to
100 percent of the Contract Sum. Said bonds shall be from an admitted California Surety
satisfactory to the District and listed in the Federal Register, issued by the Department of Treasury
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and licensed in California. Said bonds shall remain in full force and effect through the guarantee
period. Facsimile of each required bond is appended to the Bidding Documents.

PREVAILING WAGES: Wage rates, holidays, overtime, travel and subsistence provisions for
this project shall be in accordance with "General Wage Determination Made By The Director of
Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770,
1773 and 1773.1", for Alameda County. Wage Rates shall conform with those posted in the office
of Pleasanton Unified School District.

EXAMINATION OF RECORDS: Government Code Section 10532 requires that the records of
both the School District and the Contractor shall be subject to the examination and audit of the
Auditor General for a period of three (3) years after final payment of the contract.

SUBSTITUTION FOR RETENTIONS: Pursuant to Public Contract Code Section 22300,
Contractor will be permitted the option to deposit securities with an escrow agent as a substitute for
retention earnings withheld by District to ensure performance.

LICENSE REQUIREMENTS: Bidders are required pursuant to California Business and
Professions Code 7028 to hold a valid Class B and Class C-39 (Roofing) contractor’s license.


                                                       Pleasanton Unified School District

                                                       Jeff Bowser, Clerk
                                                                                           5 of 146


                             SCHEDULE OF SUBMITTALS
                 (All items must be included to be considered responsive)


AT BID OPENING:
    Bid Bond
    Sub-Contractors List
    Bid Form
    Non-Collusion Affidavit
    Experience (10 years)
    Project List (5 projects similar in size and scope)
    Project Manager (see page 18) Copy of Class
    Copy of C-39 License
    Copy of Class B Contractor’s License
    Fingerprinting/Criminal Certification (Page 103)

BEFORE CONTRACT SIGNING:
   Workers Compensation Certificate
   Child Support Compliance, if applicable
   Certificates of Insurance
   Payment Bond
   Performance Bond
   General Construction Contract
   Letter from manufacturer approving contractor, specifications and scope of work for
    warranty, if applicable when there is a manufacturer’s warranty
   Employment Certification
   Financial Statement or Audit

AT END OF PROJECT:
    Wavier of lien from principle suppliers
    All warranties and guarantees.


I hereby certify that the DISTRICT discussed, at the bid walk-through, the information required
at the time of the bid opening, contract signing, and project completion. These items are detailed
above.

____________________________________________                ____________________________
Company Name                                                Date

____________________________________________                ______________________________
Signature                                                   Print Name

____________________________________________
Title
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                                INSTRUCTIONS TO BIDDERS



Bid Proposals:

        No bid proposals shall receive consideration by the Pleasanton Unified School District
("District") unless made in accordance with the following instructions. Where the context so
indicates, the term "bidder" includes a successful bidder who has been awarded and has entered
into a contract with the District (i.e., has become the "Contractor").

        1.     Deadline For Receipt of Bids. Bids must be sealed and delivered to the
Purchasing Office located at 4750 First Street, Pleasanton, California 94566, no later than 2
p.m on Friday, May 11. All bids must be received prior to that time. The District suggests that
bids be hand delivered in order to insure their timely receipt. All bids received after the time
and/or date indicated herein shall be rejected and returned to the sender unopened.

         2.     Requests for Information. Any questions relative to the bid or clarifications of
drawings, specifications, or other contract documents should be directed to Myla Grasso,
Coordinator of Purchasing, at (925) 426-4335 or mgrasso@pleasanton.k12.ca.us, no later than
Monday, May 5 at 12 noon. Answers to questions received by this deadline will be posted on
the District website at
www.pleasanton.k12.ca.us/BusinessServices/Purchasing/NoticeBidders.cfm within 24 hours. It
is the responsibility of the bidder to check this webpage for the question and answer document.

        3.     Examination of Contract Documents. Before submitting a bid proposal, bidders
shall examine the contract, the drawings, the specifications and other contract documents. The
submission of the bid proposal shall be conclusive evidence that each bidder has made a
complete and thorough examination of the Contract Documents.

        4.      Bid Proposal Forms. Bid proposals must be made on the forms provided by the
District in the bid package. All items on the forms should be filled out. Numbers should be
stated in figures, except that the total bid amount should be stated in both figures and in writing,
and the signatures of all individuals must be in longhand. The completed form should be without
interlineations, alterations, or erasures. Alterations made to the Bid Form may be cause for
rejection of a bid.

        5.      Pricing. Bidders must provide lot pricing per the plans and specifications included
in the project documents, as well as unit prices for the items listed on the equipment schedule,
which will be used for additive and deductive change orders. In addition, bidders shall provide
unit pricing on current standard products to be used on other projects as future needs are
identified.

                Bidders must bid the lump sum amount (for the project plans attached) and the
unit prices in order to have its bid considered responsive. All prices shall be FOB Pleasanton
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Unified School District, delivered, and installed, with sales tax included, at the school site
selected by the District.

        6.      District Options. The bid shall remain open for one (1) year after award of the
contract. The District retains the right to renew the contract after one (1) year at a negotiated
price not to exceed the cost-of-living index for the San Francisco Bay Area.

        7.      Cooperative Purchasing/Other Agencies Clause. Other public school districts or
public entities within the State of California may purchase identical items and related services at
the same prices and upon the same terms and conditions pursuant to Public Contract Code
Sections 20118 and 20652. Such school districts and public entities shall process their purchase
orders and warrants directly to the successful bidder.

         8.     Execution of Forms. Each bid must give the full business address of the bidder
and must be signed by the bidder or the bidder's authorized representative with his or her usual
signature. Bids by partnerships must furnish the full names of all partners and must be signed in
the partnership name by a general partner with authority to bind the partnership in such matters.
Bids by corporations must be signed with the legal name of the corporation, followed by the
signature and designation of the president, secretary, or other person authorized to bind the
corporation in this corporation in this matter. The name of each person signing shall also be
typed or printed below the signature. When requested by the District, satisfactory evidence of
the authority of the officer signing on behalf of the corporation shall be furnished. A bidder's
failure to properly sign required forms may result in rejection of the bid.

        9.      Bid Security. Bids must be accompanied by a bidder’s bond in the form included
in the bid documents or a certified or cashiers check in an amount not less than ten percent (10%)
of the total base bid, which shall be made payable to the Pleasanton Unified School District or
cash in an equivalent amount. The bond, check or cash will be given as a guarantee that the
bidder will enter into a contract to perform the work stated above and will be declared forfeited if
the bidder refuses or neglects to enter into the contract provided by the District within ten (10)
days of being requested to do so. No bidder may withdraw his bid for a period of sixty (60) days
after the date set for opening thereof and the same shall be subject to acceptance by the District
during this period.

        10.     Withdrawal of Bid Proposals. Bid proposals may be withdrawn by the bidders
prior to the time fixed for the opening of bids, but may not be withdrawn for a period of sixty
(60) days after the opening of bids. A successful bidder shall not be relieved of the bid
submitted without the District's consent or bidder's recourse to Public Contract Code Sections
5100 et. seq.

        11.     Addenda or Bulletins. Any addenda or bulletins issued during the time of bidding
shall form a part of the drawings and specifications issued to bidders for the preparation of their
bids and shall constitute a part of the Contract Documents.

       12.     Award of Contract. The District reserves the right to reject any and all bid
proposals, to contract work with whomever and in whatever manner with whomever and in
whatever manner the District decides, subject to applicable law, to abandon the work entirely and
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to waive any informality or irregularity as the interest of the District may require. The award of
the contract, if made by the District, will be to the lowest responsible bidder.

        13.    Bonds. The successful bidder, simultaneously with the execution of the
construction contract, will be required to furnish a Performance Bond and a Payment Bond in an
amount equal to one hundred percent (100%) of the contract price. Only Bonds executed by
admitted surety insurers satisfactory to the District and as defined in Code of Civil Procedure
section 995.120 shall be accepted. Surety must be a California-admitted surety and listed by the
U.S. Treasury with a bonding capacity in excess of the project cost. Bonds shall be submitted in
the forms set out in the bid package.

        14.     Rejection of Bids. The District reserves the right to accept or reject any and all
bids, or any portion or combination thereof, or award on the basis of the total bid and waive any
informality or irregularity in the bids or bidding.

        15.     Execution of Contract. The successful bidder shall, within ten (10) calendar days
of notice of award of the contract, sign and deliver to the District the executed contract along
with the bonds and certificates of insurance required by the contract documents. In the event the
bidder to whom an award is made fails or refuses to execute the contract within ten (10) calendar
days from the date of receiving notification that the contract has been awarded to the bidder, the
District may declare the bidder's bid deposit or bond forfeited as damages caused by the failure
of the bidder to enter into the contract, and may award the work to the next lowest responsible
bidder, or may reject all bids and call for new bids.

        16.     Drawings and Specifications. Each bidder shall be required to return to the
District all drawings and specifications not included in this bid packet in an unmutilated
condition and without any marks or annotations. All drawings, specifications, and other
documents used or prepared during the project shall be the exclusive property of District.

       17.     Listing Subcontractors. Each bidder shall submit a list of the proposed
subcontractors on the project as required by the Subletting and Subcontracting Fair Practices Act
(Public Contract Code section 4100, et seq.). Forms for this purpose are included with the
Contract Documents.

        18.     Substitute Security. In accordance with Section 22300 of the Public Contract
Code, the District will permit the substitution of securities for any monies withheld by the
District to insure performance under the contract. At the request and expense of the bidder,
securities equivalent to the amount withheld shall be deposited with the District, or with a state
or federally charted bank in California as an escrow agent, who shall then pay such moneys to
the bidder. Upon satisfactory completion of the contract, the securities shall be returned to the
bidder.

        Alternatively, the bidder may request and the District shall make payment of retentions
earned directly to the escrow agent at the expense of the bidder. At the expense of the bidder,
the bidder may direct the investment of the payments into securities and the bidder shall receive
the interest earned on the investments upon the same terms provided for in this section for
securities deposited by the bidder. Upon satisfactory completion of the contract, the bidder shall
receive from the escrow agent all securities, interest, and payments received by the escrow agent
                                                                                                9 of 146


from the District, pursuant to the terms of this section. The bidder shall pay to each
subcontractor, not later than 20 days of 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 bidder.

        Securities eligible for investment under this Section shall include those listed in
Government Code section 16430, bank or savings and loan certificates of deposit, interest
bearing demand deposit accounts or standby letters of credit, or any other security mutually
agreed to by the bidder and the District. The bidder shall be the beneficial of any securities
substituted for moneys withheld and shall receive any interest thereon.

       19.    Compensation. In accordance with the provisions of Labor Code section 3700,
every Contractor will be required to secure the payment of compensation to his employees.

       20.    Workman’s Compensation. Each Contractor to whom a public works contract is
awarded is required to sign and file with the awarding body the following certification prior to
performing the work of the contract:

                       “I am aware of the provisions of section 3700 of the Labor
                       Code which require every employer to be insured against
                       liability for workman’s compensation or to undertake self-
                       insurance in accordance with provisions of that code, and I
                       will comply with such provisions before commencing the
                       performance of the work on this contract.”

        21.      Licenses. Each bidder, and subcontractors thereof, if any, must possess all
appropriate and required licenses and governmental permits to perform the work as identified in
the contract documents, excepting those permits or authorizations that will be obtained by the
District. Each bidder must possess the appropriate contractor’s license to perform the work
under the project. Upon request, each bidder shall furnish the District with evidence
demonstrating possession of the required licenses or permits. Failure to submit such evidence to
the District's satisfaction may result in rejection of the bid.

        22.    Anti-Discrimination. It is the policy of the District that, in connection with all
work performed under contracts, there will be no discrimination against any prospective or active
employee engaged in the work because of race, color, ancestry, national origin, religious creed,
sex, age or marital status. The bidder agrees to comply with applicable Federal and California
laws including, but not limited to, the California Fair Employment and Housing Act, beginning
with Government Code Section 12900, and Labor Code Section 1735. In addition, the
Contractor agrees to require like compliance by any subcontractors employed on the work.

        23.     Governing Law and Venue. In the event of litigation, the bid and contract
documents, specifications and related matters shall be governed by and construed in accordance
with the laws of the State of California. Venue shall be with the appropriate state or federal
court located in Alameda County.

        24.    Prevailing Law. In the event of any conflict or ambiguity between these
instructions and state or federal law or regulations, the latter shall prevail. Additionally, all
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equipment to be supplied or services to be performed under the bid proposal shall conform to all
applicable requirements of local, state and federal law.

        25.    Fingerprinting. The successful bidder shall comply with the requirements of
Education Code Sections 45125.1 and 45125.2 prior to the commencement of work on the
Project. The successful bidder shall complete the Certification Forms included in the Project
documents and submit to the District at bid opening.
                                                                                                                                          11 of 146




                                                      BID PROPOSAL FORM


                                                                                            Date:


TO:                    PLEASANTON UNFIFIED SCHOOL DISTRICT
                       4750 First Street
                       Pleasanton, CA 94566


FOR:                   AMADOR VALLEY HIGH SCHOOL ADMINISTRATIVE BUILDING
                       ROOFING PROJECT


FROM:




The undersigned hereby proposes to furnish labor and materials necessary for re-roofing in full compliance with these contract documents.
The undersigned, as bidder, declares: that the parties in this contract proposal as principals are named herein; that this proposal is made without
collusion with any other person, firm or corporation; that no officer or agent of the Owner is directly or indirectly interested in this proposal; that
the bidder has carefully examined the location of the proposed work, the annexed proposed form of contract, the contract drawings, the
specifications and other Contract Documents therein referred to; and the bidder proposes and agrees that if the proposal is accepted, the bidder
will contract with the Owner in the form of the Contract attached hereby to construct completely, in the manner and time prescribed, the items bid
upon, including all work incidental to such items as well as those in all addenda issued prior to the date of opening of proposals, according to the
contract drawings and specifications, and that undersigned will accept in full payment therefore the following sum:




Note: Bids shall be both written in words and shown in figures.


To install specified roofing systems to all designated sites:

Write out bid amount __________________________________________________________________________

____________________________________________________________________________________________

Advanced credit (plywood, drain lines, drain bowls) (Include in bid amount)                                                    $25,000.00

Numeric Amount: $___________________________________________________________________________


Wood blocking removal and disposal .................................................................. $_______________ per linear foot.

Sheeting removal, disposal and replacement ................................................. $______________ per sheet of plywood
                                                                                                                                            12 of 146


Install wood blocking at curbs, 8" nominal height ............................................... $_______________ per linear foot.

Spot wood deck replacement ....................................................................................................... $___________/ sq.ft.

Roof removal and installation as specified over wood deck ................................................. $________ per 100 sq.ft.




                              Contractor Owner / Officer

                                                           Title

                                                       Address

                                              City, State Zip

                                                        (AFFIX CORPORATE SEAL)




The bidder hereby acknowledges receipt of the following addenda:

Addendum No.                                                                      Dated

Addendum No.                                                                      Dated

Addendum No.                                                                      Dated




                                                   * * * END OF SECTION * * *
                                                                                            13 of 146


                                NONCOLLUSION AFFIDAVIT

State of California                           )
                                              ) ss.
County of _________________________           )

        _______________, being first duly sworn, deposes and says that he or she is
______________ of ___________________ 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 or anyone interest in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directory or indirectly, submitted his or her bid price or an 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 or sham bid.

                      NONCOLLUSION AFFIDAVIT TO BE EXECUTED
                        BY BIDDER AND SUBMITTED WITH BID

The undersigned:
__________________________________(Name) the ____________________________ (Title)

of _______________________________________(Contracting Firm Name) say that he/she has
read the foregoing statement and attests under penalty of perjury to the fact that the enclosed bid
is in no way collusive, a sham bid or fixed bid as described above.

Subscribed and sworn to before me this ____________ day of _______________, 2010.

My commission expires ________________________


                                              ___________________________________
                                              Notary
                                                                                            14 of 146


                          DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act (chapter 4 (commencing
at section 4100), part 1, division 2 of the Public Contract Code of the State of California) and any
amendments thereof, each bidder shall set forth below: (a) the name and location of the place of
business of each subcontractor who will perform work or labor or render service to the prime
contractor in or about the construction of the work or improvement to be performed under this
contract or a subcontractor licensed by the State of California who, under subcontract to the
prime contractor, specially fabricates and installs a portion of the work or improvement
according to detailed drawings contained in the plans and specifications in an amount in excess
of one-half of one percent of the prime contractor’s total bid and (b) the portion of the work
which will be done by each subcontractor under this act. The prime contractor shall list only one
subcontractor for each such portion as is defined by the prime contractor in this bid.

If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than
one subcontractor for the same portion of work to be performed under the contract in excess of
one-half of one percent of the prime contractor’s total bid, the prime contractor shall be deemed
to have agreed that the prime contractor is fully qualified to perform that portion, and that the
prime contractor shall perform that portion.

No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any
subcontract to be voluntarily assigned or transferred or allow it to be performed by any one other
than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion
of the work in excess of one-half of one percent of the prime contractor’s total bid as to which is
original bid did not designate a subcontractor, except as authorized in the Subletting and
Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in
excess of one-half of one percent of the prime contractor’s total bid as to which no subcontractor
was designated in the original bid shall only be permitted in cases of public emergency or
necessity, and then only after a finding reduced to writing as a public record of the authority
awarding this contract setting forth the facts constituting the emergency or necessity.

Failure to provide the following information with the bid shall result in the rejection of the
bid as non-responsive.

Subcontractor                  Portion of Work                Location and Place of
                                                              Business

___________________            ____________________           ______________________________


___________________            ____________________           ______________________________

___________________            ____________________           ______________________________
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Subcontractor         Portion of Work         Location and Place of
                                              Business

___________________   ____________________    ______________________________


___________________   ____________________    ______________________________


___________________   ____________________    ______________________________


___________________   ____________________    ______________________________


___________________   ____________________    ______________________________


___________________   ____________________    ______________________________


___________________   ____________________    ______________________________


___________________   ____________________    ______________________________


___________________   ____________________    ______________________________




                                  __________________________________________
                                  Proper Name of Bidder


                                  By: ______________________________________
                                                                                            16 of 146


                                            BID BOND



       KNOW ALL PERSONS BY THESE PRESENTS:

        THAT WHEREAS, we,                                     as            Principal          and
                               , as Surety, are held and firmly bound unto PLEASANTON
UNIFIED SCHOOL DISTRICT (hereinafter "DISTRICT"), in the sum of
___________________________________ ($__________) which represents ten percent (10%)
of the Total Bid amount, for payment of which in lawful money of the United States, will and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.

       THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the
Principal has submitted a Bid to perform _________________________________________
___________________________________________________________.

        NOW, THEREFORE, if Principal shall not withdraw said Bid within the time period
specified after the Bid Deadline, as defined in the Bidding Documents, or within sixty (60) days
after the Bid Deadline if no time period be specified, and, if selected as the apparent lowest
responsible bidder, Principal shall, within the time period specified in the Bidding Documents,
do the following:

       (1)     Enter into a written agreement, in the prescribed form, in accordance with the Bid.
       (2)     File two bonds with DISTRICT, one to guarantee faithful performance and the
               other to guarantee payment for labor and materials, as required by the Bidding
               Documents.
       (3)     Furnish certificates of insurance and all other items as required by the
               Construction Documents.

         In the event of the withdrawal of said Bid within the time period specified, or within sixty
(60) days if no time period be specified, or the disqualification of said Bid due to failure of
Principal to enter into such agreement and furnish such bonds, certificates of insurance, and all
other items as required by the Construction Documents, Principal shall pay to DISTRICT an
amount equal to the difference, not to exceed the amount hereof, between the amount specified
in said Bid and such larger amount for which District procures the required work covered by said
Bid, if the latter be in excess of the former, then this obligation shall be null and void, otherwise
to remain in full force and effect.




       In the event suit is brought upon this Bond by DISTRICT, Surety shall pay reasonable
attorneys' fees and costs incurred by DISTRICT in such suit.
                                                                           17 of 146


         IN WITNESS WHEREOF, we have hereunto set our hands this      day of
                        , 2010.

         PRINCIPAL                           SURETY

                                    _______________________________


By:                                 By:

Title:                              Title:



                                             Address for Notices:




NOTE: Notary acknowledgment for Surety
and Surety's Power of Attorney must be attached.
                                                                                           18 of 146




                                NOTICE TO CONTRACTORS

        NOTICE IS HEREBY GIVEN that sealed bids will be received by the Pleasanton
Unified School District (herein referred to as “District”), at 4750 First Street, Pleasanton,
California 94566, to furnish all labor, materials, equipment, transportation, and associated
services to perform all operations in connection with the installation of roofing and flashing
restoration and all other equipment detailed on the District’s drawings and specifications.

       Bids shall be received by the District up to, but not later than 2 p.m. on Friday, May 11.
The outside of the envelope containing the bid should be marked: “Roofing Bid.” All bids
received after the time and/or date indicated herein shall be rejected and returned to the sender
unopened.

        Bids will be publicly opened, read aloud and tabulated by or on behalf of the District at
the District office at the address indicated above on Friday, May 11 at 2 p.m.

        Bids must conform and be responsive to the Contract Documents, copies of which
(including the drawings and specifications) are on file and may be examined, at the District at the
address indicated above.

        Bids must be accompanied by a bidder’s bond in the form included in the bid documents
or a certified or cashiers check in an amount not less than ten percent (10%) of the total base bid,
which shall be made payable to the Pleasanton Unified School District or cash in an equivalent
amount. The bond, check or cash will be given as a guarantee that the bidder will enter into a
contract to perform the work stated above and will be declared forfeited if the bidder refuses or
neglects to enter into the contract provided by the District within ten (10) days of being requested
to do so. No bidder may withdraw his bid for a period of sixty (60) days after the date set for
opening thereof.


       Each bidder must submit with its bid the following:

       •       SEE SCHEDULE OF SUBMITTALS (See Page 5)

       •       A schedule of values for the project. This schedule will be used on any future
               projects. (See Page 11, Bid Form)

       •       Name of the project manager to be used by bidder on the project if bidder is
               awarded the contract. Also include a resume of the project manager that
               identifies his/her experience with projects of similar scope and size.

       •       A list of 5 projects similar in size and scope to this project that bidder has
               performed where the proposed materials have been used, under similar
               conditions, as specified, along with a contact name and phone number.

       •       Documentation that shows that the bidder has a minimum of ten (10) years
               experience in the installation of roofing systems as required in the project
                                                                                            19 of 146


               documents. In addition, such experience must be in projects similar in size
               and scope to the project being bid upon.

              Copy of the C-39 License.

              Copy of Class B Contractor’s License.

       Any bid submitted which does not include the above may be rejected as non-
       responsive.

       Prior to award of the contract and upon request of the District, a bidder may be required
to submit additional information/evidence of its responsibility to perform the project. Failure to
submit such additional information/evidence may cause a bid to be rejected.

        This contract is subject to the requirements of Public Contract Code Section 10115
regarding statewide participation for Disabled Veteran Business Enterprises. Each bidder will be
required to certify compliance with, or a good faith effort to comply with State Allocation Board
regulations implementing the above-referenced goals. Instructions and a certification form are
included in the bid documents. Failure if a bidder to submit properly completed DVBE forms
shall cause the bid to be rejected as non-responsive.

        The work shall be in accordance with the provisions of section 1700 of the Labor Code.
The Director of the Department of Industrial Relations of the State of California has determined
the general prevailing rates of wages and employer payments for health, welfare, pension,
vacation, travel time and subsistence pay as provided for in section 1773.8 of the Labor Code,
apprenticeship or other training programs authorized in section 3093 of the Labor Code, and
similar purposes applicable to the work to be done. Copies of these determinations are on file
with and available upon request from the District. While the District endeavors to provide
current and accurate information regarding these matters, the District relies solely on information
available to it from the Director of the Department of Industrial Relations and therefore,
notwithstanding the availability of copies through the District, each bidder should verify the
accuracy of the information contained in the District provided Director of the Department of
Industrial Relations reports. Such verification can be made through the Department of Industrial
Relations, Office of the Division of Labor, Statistics and Research, 455 Golden Gate Avenue,
Room 3166, P.O. Box 603, San Francisco, California, 94102, and/or incorporated herein by
reference.

       Bidders must possess a Class B and Class C-39 contractor’s license to perform the work
under the project.

        Bids shall be made only upon the Bid Form provided by the District, and included in the
bid documents and shall be properly completed with all items filled out; numbers shall be in
writing and figures. The signatures of all persons signing shall be in longhand. Alterations made
to the Bid Form may be cause for rejection of a bid.

         Bidders shall be required to submit a list of Subcontractors as indicated in the Bid Form
at the time of the submittal of bids.
                                                                                            20 of 146


        The successful bidder shall be required to enter into a written contract as provided by the
District. The successful bidder, upon notice of award of bid, shall provide prior to signing of the
contract a Payment Bond, and Performance Bond, each in the amount of one hundred percent
(100%) of the contract price in exchange for each bid bond or check. Said bonds are to be in the
form included in the contract documents and are to be secured from a surety company
satisfactory to the District with the cost thereof included in the bidder’s bid.

        Pursuant to Public Contracts Code section 22300, the successful bidder shall be permitted
to substitute securities for any moneys withheld by the District to ensure performance under this
contract. At the request and expense of the successful bidder, securities equivalent to the
amounts withheld shall be deposited with the District, or with a state or federally chartered bank
in California as the escrow agent, who shall pay those monies to the successful bidder. Upon
satisfactory completion of the contract, the securities shall be returned to the successful bidder.
Alternatively, the successful bidder may request the District to make payment of retentions
earned directly to the escrow agent at the expense of the successful bidder, pursuant to
subdivision (b) of Public Contract Code section 22300. The eligible securities are those listed in
Government Code section 16430, bank or savings & loan certificates of deposit, interest bearing
demand deposit accounts, standby letters of credit or any other security mutually agreed to by the
successful bidder and the District. The successful bidder shall be the beneficial owner of any
security substituted for moneys withheld and shall receive the interest thereon.

       Prior to entering into a signed contract, the successful bidder shall furnish satisfactory
proof of the maintenance of the insurance required by the contract documents.

        Bids are required for the entire work described herein. The District reserves the right to
reject any or all bids and to waive any irregularities or informalities in the bids.
                                                                                          21 of 146


                                      AGREEMENT
                                (Between District/Contractor)


      THIS AGREEMENT, dated the _______ day of _________________, 2010, in the
County of                  , State of California, is by and between PLEASANTON
UNIFIED SCHOOL DISTRICT, (hereinafter referred to as "DISTRICT" ), and
_____________________________________ (hereinafter referred to as "CONTRACTOR").

       The DISTRICT and the CONTRACTOR, for the consideration stated herein, agree as
follows:

        1.      The complete contract includes all of the Project documents, including the Notice
to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers'
Compensation Certificate, Faithful Performance Bond, Payment Bond, Bid Bond, Change
Orders, Shop Drawing Transmittals, Information Required of Bidder, all qualification forms
submitted, Noncollusion Affidavit, Insurance Certificates, Guarantees, Contractor's Certificate
Regarding Non-Asbestos Containing Materials, Drug-Free Work Place Certification, Affirmative
Action Program Form, DVBE forms, General Conditions, Supplemental General Conditions,
Special Conditions, Escrow Agreement, Plans, Drawings, Specifications, Record Drawings,
Outside Contractor Certification of Employee Clearance Forms and all related Fingerprint
Certification Forms, this Agreement, and all modifications, addenda and amendments thereto, by
this reference incorporated herein. The Project documents are complementary, and what is called
for by any one shall be as binding as if called for by all.

        2.     CONTRACTOR shall perform within the time set forth in Paragraph 4 of this
Agreement everything required to be performed, and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services as
described in the complete contract and required to perform all operations in connection with the
manufacture, fabrication, and installation of new roofing systems, associated flashing repair, and
all other equipment in strict compliance with the Project documents as specified in paragraph 1
above.

       3.    DISTRICT shall pay to the CONTRACTOR, as full consideration for the faithful
performance of the contract, subject to any additions or deductions as provided in the Project
documents, and including any applicable sales, use or other taxes or costs, the sum of
___________________________ Dollars ($________), said sum being the total amount of the
following amounts stipulated in the bid:
                                                                                          22 of 146




        4.      The work shall be commenced on the dates stated in the DISTRICT'S written
notices to perform the work and shall be completed within the timeline indicated in such notices.

       5.      If CONTRACTOR is a corporation, the undersigned hereby represents and
warrants that the corporation is duly incorporated and in good standing in the State of California,
and     that      _________________________________________,                whose       title    is
_________________________, is authorized to act for and bind the corporation.

        6.     The complete contract as set forth in Paragraph 1 of this Agreement constitutes
the entire Agreement of the parties. No other agreements, oral or written, pertaining to the work
to be performed, exists between the parties. This Agreement can be modified only by an
amendment in writing, signed by both parties and pursuant to action of the Governing Board of
the District.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.


 DISTRICT                                         CONTRACTOR
 By:    _____________________________             By:     _____________________________
        Signature                                         Signature


        _____________________________                     _____________________________
        Print Name                                        Print Name
        _____________________________                     _____________________________
        Title                                             Title
                                                          _____________________________
                                                          Contractor's License No.
                                                          _____________________________
                                                          Tax ID/Social Security No.

                                                          (CORPORATE SEAL OF
                                                          CONTRACTOR, if corporation)
                                                                                         23 of 146


                                      PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS:

        THAT WHEREAS, THE PLEASANTON UNIFIED SCHOOL DISTRICT, hereinafter
called THE DISTRICT, has awarded to                          as Principal a
contract (the "Contract") for the work described as follows:

______________________________________________________________________________

______________________________________________________________________________

       AND WHEREAS, Principal is required to furnish a bond in connection with the Contract
to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as
provided by law;

       NOW, THEREFORE, we, the undersigned Principal and                        as Surety, are
held      and     firmly     bound      unto     THE      DISTRICT   in    the     sum      of
                                               dollars ($          ), for which payment well
and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.

        THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs,
executors, administrators, successors, or assigns approved by THE DISTRICT, or its
subcontractors shall fail to pay any of the persons named in State of California Civil Code
Section 3181, or amounts due under the State of California Unemployment Insurance Code with
respect to work or labor performed under the contract, or for any amounts required be deducted,
withheld, and paid over to the State of California Employment Development Department from
the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of
California Unemployment Insurance Code with respect to such work and labor, that Surety will
pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above
obligation shall become and be null and void.

       This bond shall inure to the benefit of any of the persons named in State of California
Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit
brought upon this bond.

       Surety, for value received, hereby expressly agrees that no extension of time, change,
modification, alteration, or addition to the undertakings, covenants, terms, conditions, and
agreements of the Contract, or to the work to be performed thereunder, shall in any way affect
the obligation of this bond; and it does hereby waive notice of any such extension of time,
change, modification, alteration, or addition to the undertakings, covenants, terms, conditions,
and agreements of the Contract, or to the work to be performed thereunder.

       Surety's obligations hereunder are independent of the obligations of any other surety for
the payment of claims of laborers, mechanics, material suppliers, and other persons in connection
with the Contract; and suit may be brought against Surety and such other sureties, jointly and
                                                                                         24 of 146


severally, or against any one or more of them, or against less than all of them without impairing
THE DISTRICT’s rights against the other.

        In the event suit is brought upon this bond, Surety shall pay such reasonable attorney’s
fees and costs as shall be fixed by the court, awarded and taxed as provided in Division 3, Part
IV, Title XV, Chapter 7 (commencing at Section 3247) of the California Civil Code.

        Correspondence or claims relating to this bond shall be sent to Surety at the address set
forth below.

        IN WITNESS WHEREOF, we have hereunto set our hand this               day of _________,
2010.

Principal:                                          Surety: ______________________
              (Name of Firm)                                  (Name of Firm)

              By:                                   By: _________________________

              Title:                                Title: ________________________

                                                                 Address for Notices:

                                                                 _________________________

                                                                 _________________________



NOTE: Notary acknowledgment for Surety's
Power of Attorney must be attached.
                                                                                           25 of 146


                                   PERFORMANCE BOND


       KNOW ALL PERSONS BY THESE PRESENTS:

        THAT WHEREAS, the PLEASANTON UNIFIED SCHOOL DISTRICT, hereinafter
called THE DISTRICT has awarded to                                       as "Principal" a contract
(the "Contract"), which Contract is by this reference made a part hereof, for the work described
as follows:

       AND WHEREAS, Principal is required to furnish a bond in connection with the
Contract, guaranteeing the faithful performance thereof;

        NOW, THEREFORE, we, the undersigned Principal and as Surety, are held and firmly
bound unto THE DISTRICT in the sum of ___________________________________ Dollars ($
) to be paid to THE DISTRICT or its successors, and assigns, jointly and severally, firmly by
these presents;

        THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its heirs,
executors, administrators, successors, or assigns approved by THE DISTRICT, shall promptly
and faithfully perform the covenants, conditions, and agreements of the Contract during the
original term and any extensions thereof as may be granted by THE DISTRICT, with or without
notice to surety, and during the period of any guarantees or warranties required under the
Contract, and shall also promptly and faithfully perform all the covenants, conditions, and
agreements including, but not limited to, the provisions regarding contract duration and
liquidated damages, or any alteration of the Contract made as therein provided, notice of which
alterations to Surety being hereby waived, on Principal's part to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify, defend, protect, and hold harmless THE DISTRICT as stipulated
in the Contract, then this obligation shall become and be null and void; otherwise it shall be and
remain in full force and effect.

        No extension of time, change, alteration, modification, or addition to the Contract, or of
the work required thereunder, shall release or exonerate Surety on this bond or in any way affect
the obligation of this bond; and Surety does hereby waive notice of any such extension of time,
change, alteration, modification, or addition.

       Whenever Principal shall be and declared by THE DISTRICT to be in default under the
Contract, Surety shall promptly remedy the default, or shall promptly:

        1.     Undertake through their agents or independent contractors, reasonably acceptable
to THE DISTRICT, to complete the Contract in accordance with its terms and conditions and to
pay and perform all obligations of Principal under the Contract, including, without limitation, all
obligations with respect to warranties, guarantees, and the payment of liquidated damages; or
                                                                                            26 of 146


        2.       At Surety's election, or if required by THE DISTRICT, obtain a bid or bids for
completing the Contract in accordance with its terms and conditions, and, upon determination by
THE DISTRICT of the lowest responsible bidder, arrange for a contract between such bidder and
THE DISTRICT and make available as work progresses (even though there should be a default
or a succession of defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum,
and to pay and perform all obligations of Principal under the Contract, including, without
limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated
damages. The term "balance of the Contract Sum," as used in this paragraph, shall mean the total
amount payable by THE DISTRICT to Principal under the Contract and any amendments
thereto, less the amount paid by THE DISTRICT to Principal.

       Surety expressly agrees that the DISTRICT may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by the
Principal.

        Surety shall not utilize Principal in completing the contract nor shall Surety accept a bid
from Principal for completion of the work if the DISTRICT, when declaring the Principal in
default, notifies Surety of the DISTRICT’s objection to Principal’s further participation in the
completion of the work.

        Surety's obligations hereunder are independent of the obligations of any other surety for
the performance of the Contract, and suit may be brought against Surety and such other sureties,
jointly and severally, or against any one or more of them, or against less than all of them without
impairing THE DISTRICT’s rights against the others.

        No right of action shall accrue on this bond to or for the use of any person or corporation
other than THE DISTRICT or its successors or assigns.

       Surety may join in any legal proceedings brought under the Contract and shall be bound
by any award stemming from the legal proceeding.

       Principal and Surety agree that if the DISTRICT is required to engage the services of an
attorney in connection with the enforcement of this bond, each shall pay DISTRICT’s reasonable
attorneys fees and costs incurred, with or without suit, in addition to the above amount.

        Correspondence or claims relating to this bond shall be sent to Surety at the addresses set
forth below.




        IN WITNESS WHEREOF, we have hereunto set our hands this                day of         ,
2012.

Principal:                                            Surety: ______________________
               (Name of Firm)                                       (Name of Firm)
                                                                       27 of 146




            By:                                By: _________________

            Title:                             Title: ________________

                                                Address for Notices:

                                                _________________________

                                                _________________________



NOTE: Notary acknowledgment for Surety and
Surety's Power of Attorney must be attached.
                                                                                             28 of 146


                            ESCROW AGREEMENT FOR
                      SECURITY DEPOSIT IN LIEU OF RETENTION

        This Escrow Agreement is made and entered into by and between the PLEASANTON
UNIFIED SCHOOL DISTRICT whose address is 4750 First Street, Pleasanton, CA, hereinafter
called “Owner,” and _________________________________ whose address is
_________________________________, hereinafter called “Contractor,” and
____________________________, a state or federally chartered bank in the State of California,
whose address is ______________________________, hereinafter called “Escrow Agent.”

       For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent
agree as follows:

        (1)     Pursuant to section 22300 of the Public Contract Code of the State of California,
Contractor has the option to deposit securities eligible for investment under Government Code
section 16430 with Escrow Agent as a substitute for retention earnings required to be withheld
by Owner pursuant to the Construction Contract entered into between the Owner and Contractor
for the ___________________________________________ project in the amount of
_________________________________________ DOLLARS ($_________________), dated
__________________ (hereinafter referred to as the “Contract”). Alternatively, on written
request of the Contractor, the Owner shall make payments of the retention earnings directly to
the Escrow Agent. When the Contractor deposits the securities as a substitute for retention
earnings, the Escrow Agent shall notify the Owner within ten (10) calendar days of the deposit.
The market value of the securities at the time of the substitution shall be at least equal to the cash
amount then required to be withheld as retention under the terms of the Contract between the
Owner and Contractor. Should the value of such substituted securities at any time fall below the
amount for which they were substituted, or any other amount which the Owner determines to
withhold, Contractor shall immediately and at Contractor’s expense deposit additional security
eligible for investment under Public Contract Code section 22300 and Government Code section
16430 until the total security deposited is no less than equivalent to the amount subject to
withholding under the Contract. Securities shall be held in the name of Owner and shall
designate the Contractor as the beneficial owner. The Contractor shall provide the Escrow Agent
with a power of attorney and other documents necessary for the transfer or conversion to cash of
the securities deposited.

       (2)     The Owner shall make progress payments to the Contractor for those funds which
otherwise would be withheld from progress payments pursuant to the Contract provisions,
provided that the Escrow Agent holds securities in the form and amount specified above.

       (3)      When the Owner makes payment of retentions earned directly to the Escrow
Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the
escrow created under this Escrow Agreement is terminated. The Contractor may direct the
investment of the payments into securities. All terms and conditions of this Escrow Agreement
and the rights and responsibilities of the parties shall be equally applicable and binding when the
Owner pays the Escrow Agent directly.
                                                                                            29 of 146


      (4)     Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the Escrow Account and all expenses of the Owner. These
expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

        (5)     The interest earned on the securities or the money market accounts held in escrow
and all interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
Owner.

       (6)     Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written authorization
from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount
sought to be withdrawn by Contractor.

       (7)     The Owner shall have a right to draw upon the securities in the event of default by
the Contractor, which includes by way of illustration and not limitation, termination of the
Contractor’s control over the work, stop notices filed pursuant to law, assessment of liquidated
damages or amount to be kept retained under the provisions of the Contract. Upon seven (7)
calendar days written notice to the Escrow Agent from the Owner of the default, the Escrow
Agent shall immediately convert the securities to cash and shall distribute the cash as instructed
by the Owner.

        (8)     Notwithstanding any provision of this Escrow Agreement to the contrary, for a
period of thirty-five (35) days following the recordation of a Notice of Completion, Owner shall
have unlimited access to the securities to respond to stop notice claims and punch list and
warranty items. Pursuant to this paragraph, Owner may withdraw from the escrow sufficient
cash to cover one hundred twenty-five percent (125%) of the principal amount claimed in any
stop notice, and one hundred fifty percent (150%) of the estimated amount necessary to remedy
any punch list and/or warranty item. To withdraw funds, Owner shall present to the Escrow
Agent copies of any and all stop notices, and/or a letter from its architect concerning the punch
list and/or warrant items, together with written notification from Owner making demand for the
funds. In response to Owner’s demand, upon seven (7) calendar days written notice, Escrow
Agent shall immediately convert sufficient securities to cash and distribute the cash to Owner. In
no event will Escrow Agent have any obligation to pay to Owner more than the amount Escrow
Agent is holding. Owner’s rights under this paragraph are in addition to and do not supplant any
other rights or remedies contained in the remainder of this Escrow Agreement or provided by
law.

        ( 9)    Upon receipt of written notification from the Owner certifying that the Contract is
final and complete, and that the Contractor has complied with all requirements and procedures
applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on
deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed
immediately upon disbursement of all monies and securities on deposit and payments of fees and
charges.

       ( 10) Escrow Agent shall rely on the written notifications from the Owner and the
Contractor pursuant to Sections (5) to (9), inclusive, of this Escrow Agreement and the Owner
                                                                                        30 of 146


and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and
disbursement of the securities and interest as set forth above.

        ( 11) The names of the persons who are authorized to give written notice or to receive
written notice on behalf of the Owner and on behalf of Contractor in connection with the
foregoing, and exemplars of their respective signatures are as follows:

Pleasanton Unified School District
Owner                                       Contractor


Title                                       Title


Name                                        Name


Signature                                   Signature

4750 First Street, Pleasanton, CA
Address                                     Address


On behalf of Escrow Agent:




Title


Name


Signature



Address
                                                                                      31 of 146


      At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Escrow Agreement.

       IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their
proper officers on the date first set forth above.

Pleasanton Unified School District
Owner                                      Contractor


Title                                      Title


Name                                       Name


Signature                                  Signature



                                           Escrow Agent


                                           Title


                                           Name


                                           Signature



Approved as to Form:


                                           Dated:
Legal Counsel
Pleasanton Unified School District
                                                                                          32 of 146


The following persons are authorized to give written notice or to receive written notice on behalf
of the Owner and on behalf of the Contractor in connection with this Escrow Agreement, and
exemplars of their respective signatures are as follows:

On behalf of Owner:                                  On behalf of Contractor:

1.     ______________________________                1.     ______________________________
       Name                                                 Name

       ______________________________                       ______________________________
       Signature                                            Signature

2.     ______________________________                2.     ______________________________
       Name                                                 Name

       ______________________________                       ______________________________
       Signature                                            Signature

3.     ______________________________                3.     ______________________________
       Name                                                 Name

       ______________________________                       ______________________________
       Signature                                            Signature

4.     ______________________________                4.     ______________________________
       Name                                                 Name

       ______________________________                       ______________________________
       Signature                                            Signature
             33 of 146




 GENERAL
CONDITIONS
                                                                34 of 146


                             TABLE OF CONTENTS

                                                                PAGE



ARTICLE 1. DEFINITIONS                                           -38-

ARTICLE 2. STATUS OF CONTRACTOR                                  -39-

ARTICLE 3. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY
                                                              -40-

ARTICLE 4. CONTRACTOR'S SUPERVISION, PROSECUTION AND PROGRESS    -40-

ARTICLE 5. SUBCONTRACTORS                                        -41-

ARTICLE 6. PROHIBITED INTERESTS                                  -42-

ARTICLE 7. DISTRICT'S INSPECTOR                                  -42-

ARTICLE 8. DISTRICT’S FIELD ADVISOR'S STATUS                     -43-

ARTICLE 9. NOTICE OF TAXABLE POSSESSORY INTEREST                 -44-

ARTICLE 10. ASSIGNMENT OF ANTITRUST ACTIONS                      -44-

ARTICLE 11. OTHER CONTRACTS                                      -44-

ARTICLE 12. OCCUPANCY                                            -45-

ARTICLE 13. DISTRICT'S RIGHT TO TERMINATE AGREEMENT              -45-

ARTICLE 14. BONDS                                                -47-

ARTICLE 15. SUBSTITUTION OF SECURITIES                           -47-

ARTICLE 16. FIRE INSURANCE                                       -48-

ARTICLE 17. LIABILITY AND PROPERTY DAMAGE INSURANCE              -48-

ARTICLE 18. WORKERS' COMPENSATION INSURANCE                      -50-

ARTICLE 19. BUILDER’S RISK/”ALL RISK” INSURANCE                  -50-

ARTICLE 20. OTHER INSURANCE                                      -51-

ARTICLE 21. PROOF OF CARRIAGE OF INSURANCE                       -51-
                                                                35 of 146




ARTICLE 22. DRAWINGS AND SPECIFICATIONS                         -52-

ARTICLE 23. OWNERSHIP OF DRAWINGS, SPECIFICATIONS AND OTHER
            DOCUMENTS                                           -54-

ARTICLE 24. DETAIL DRAWINGS AND INSTRUCTIONS                    -54-

ARTICLE 25. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES             -55-

ARTICLE 26. SUBMITTALS OF DRAWINGS                              -57-

ARTICLE 27. SUBMITTAL OF SAMPLES                                -57-

ARTICLE 28. SUBSTITUTIONS                                       -58-

ARTICLE 29. RECORD DRAWINGS                                     -60-

ARTICLE 30. LAYOUT AND FIELD ENGINEERING                        -61-

ARTICLE 31. SOILS INVESTIGATION REPORT                          -61-

ARTICLE 32. CONCEALED OR UNKNOWN CONDITIONS                     -61-

ARTICLE 33. RESPONSIBILITY FOR ADDITIONAL CHARGES INCURRED BY THE
            DISTRICT FOR PROFESSIONAL SERVICES                  -62-

ARTICLE 34. TESTS AND INSPECTIONS                               -63-

ARTICLE 35. TRENCHES                                            -63-

ARTICLE 36. DOCUMENTS ON WORK                                   -64-

ARTICLE 37. STATE AUDIT                                         -64-

ARTICLE 38. PROGRESS SCHEDULE                                   -65-

ARTICLE 39. MATERIALS AND WORK                                  -66-

ARTICLE 40. INTEGRATION OF WORK                                 -67-

ARTICLE 41. OBTAINING OF PERMITS, LICENSES AND EASEMENTS        -68-

ARTICLE 42. SURVEYS                                             -68-

ARTICLE 43. EXISTING UTILITY LINES; REMOVAL, RESTORATION        -68-

ARTICLE 44. PROVISIONS REQUIRED BY LAW DEEMED INSERTED          -69-
                                                              36 of 146




ARTICLE 45. WORK TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS
                                                             -69-

ARTICLE 46. ACCESS TO WORK                                    -69-

ARTICLE 47. PAYMENTS BY CONTRACTOR                            -69-

ARTICLE 48. INSPECTOR'S FIELD OFFICE                          -70-

ARTICLE 49. UTILITIES                                         -70-

ARTICLE 50. SANITARY FACILITIES                               -70-

ARTICLE 51. CLEANING UP                                       -70-

ARTICLE 52. PATENTS, ROYALTIES, AND INDEMNITIES               -71-

ARTICLE 53. INDEMNIFICATION                                   -71-

ARTICLE 54. GUARANTEE                                         -72-

ARTICLE 55. DUTY TO PROVIDE FIT WORKERS                       -73-

ARTICLE 56. WAGE RATES, TRAVEL AND SUBSISTENCE                -73-

ARTICLE 57. HOURS OF WORK                                     -75-

ARTICLE 58. PAYROLL RECORDS                                   -75-

ARTICLE 59. APPRENTICES                                       -77-

ARTICLE 60. LABOR - FIRST AID                                 -78-

ARTICLE 61. PROTECTION OF PERSONS AND PROPERTY                -78-

ARTICLE 62. NON-DISCRIMINATION                                -80-

ARTICLE 63. COSTS BREAKDOWN AND PERIODICAL ESTIMATES          -80-

ARTICLE 64. DISPUTES - DISTRICT’S FIELD ADVISOR'S DECISIONS   -80-

ARTICLE 65. RESOLUTION OF CLAIMS OF $375,000 OR LESS          -81-

ARTICLE 66. RESOLUTION OF CLAIMS IN EXCESS OF $375,000        -82-

ARTICLE 67. MEDIATION PROCEDURES                              -82-
                                                               37 of 146


ARTICLE 68. PAYMENTS                                            -84-

ARTICLE 69. CHANGES AND EXTRA WORK                              -86-

ARTICLE 70. COMPLETION                                          -91-

ARTICLE 71. ADJUSTMENTS TO CONTRACT PRICE                       -91-

ARTICLE 72. CORRECTION OF WORK                                  -92-

ARTICLE 73. TIME FOR COMPLETION - LIQUIDATED DAMAGES            -92-

ARTICLE 74. PAYMENTS WITHHELD                                   -93-

ARTICLE 75. EXCISE TAXES                                        -94-

ARTICLE 76. NO ASSIGNMENT                                       -94-

ARTICLE 77. NOTICE                                              -94-

ARTICLE 78. NO WAIVER                                           -95-

ARTICLE 79. NON-UTILIZATION OF ASBESTOS MATERIAL                -95-

ARTICLE 80. GOVERNING LAW/VENUE                                 -96-

ARTICLE 81. SEVERABILITY                                        -96-

ARTICLE 82. CONVICT-MADE MATERIALS                              -96-

ARTICLE 83. FINGERPRINTING/OUTSIDE CONTRACTOR CERTIFICATION OF
            EMPLOYEE CLEARANCE                                 -96-

ARTICLE 84. ATTORNEYS’ FEES                                     -98-

ARTICLE 85. DELAYS BEYOND DISTRICT CONTROL                      -98-

ARTICLE 86. DISTRICT RIGHT TO STOP WORK                         -98-

ARTICLE 87. ASSIGNMENT OF SUB-CONTRACTOR                        -99-

ARTICLE 88. EARLY COMPLETION                                    -99-

 ARTICLE 89. HAZZARDESS MATERIALS & STORM WATER DISCHARGE        -99-
                                                                                            38 of 146


                              GENERAL CONDITIONS

ARTICLE 1. DEFINITIONS

(a)    Action of the Governing Board is a vote of a majority of the membership in a lawful
meeting.

(b)    Addenda are the changes in plans, specifications, drawings, and Project documents which
have been authorized in writing by the DISTRICT or DISTRICT’S FIELD ADVISOR, and
which alter, explain, or clarify the Project documents prior to the bid deadline.

(c)     Approval means written authorization by DISTRICT’S FIELD ADVISOR or DISTRICT
for specific applications.

(d)    As shown, as indicated, as detailed refer to drawings accompanying the specification.

(e)     Project Documents includes collectively, to wit: Notice to Contractors, Instructions to
Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change
Orders, Shop Drawing Transmittals, all qualification forms, Noncollusion Affidavit, Faithful
Performance Bond, Payment Bond, Bid Bond, Insurance Certificates, Guarantees, Contractor's
Certificate Regarding Non-Asbestos Containing Materials, if any, Record Drawings, Escrow
Agreement, if any, all DVBE forms, Outside Contractor Certification of Employee Clearance
Forms and all related Fingerprinting Forms, General Conditions, Supplemental General
Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement and all
modifications, addenda, and amendments thereto.

(f)    Contractor or District are those mentioned as such in the Agreement. They are treated
throughout the Project documents as if they are of singular number and neuter gender.

(g)   Locality in which the work is performed means the county in which the public work is
done.

(h)  Project is the planned undertaking as provided for in the Project documents by
DISTRICT and CONTRACTOR.

(i)    Provide shall include "provide complete in place," that is, "furnish and install."

(j)     Safety Orders are those issued by the Division of Industrial Safety and OSHA safety and
health standards for construction.

(k)    Standards, Rules, and Regulations referred to are recognized printed standards and shall
be considered as one and a part of these specifications within limits specified.

(l) Subcontractor, as used herein, includes those having a direct contractual relationship with
CONTRACTOR and one who furnishes material worked to a special design according to plans,
                                                                                              39 of 146


drawings, and specifications of this work, but does not include one who merely furnishes
material not so worked.

(m)    Surety is the person, firm, or corporation that executes as surety the CONTRACTOR'S
Bid Security, faithful performance bond and payment bond.

(n)    Work of the CONTRACTOR or subcontractor includes labor or materials (including,
without limitation, equipment and appliances) or both, incorporated in, or to be incorporated in
the construction covered by the complete contract.

         Work shall include all labor, materials and equipment necessary for the CONTRACTOR
to fulfill all of its obligations pursuant to the Project documents. It shall include the initial
obligation of any CONTRACTOR or subcontractor, who performs any portion of the work, to
visit the work site of the proposed work, a continuing obligation after the commencement of the
work to fully acquaint and familiarize itself with the conditions as they exist and the character of
the operations to be carried on under the Project documents, and make such reasonable
investigation as it may see fit so that it shall fully understand the facilities, physical conditions,
and restrictions attending the work under the Project documents. Each such CONTRACTOR or
subcontractor shall also thoroughly examine and become familiar with the drawings,
specifications, and associated bid documents.

(o)    Work Site refers to the grounds of the project as defined in the Project documents and
such adjacent lands as may be directly affected by the performance of the work.

(p)    Workers includes laborer, worker, or mechanic.

ARTICLE 2. STATUS OF CONTRACTOR

(a)     CONTRACTOR is and shall at all times be deemed to be an independent contractor and
shall be wholly responsible for the manner in which it performs the services required of it by the
terms of the Project documents. Nothing herein contained shall be construed as creating the
relationship of employer and employee, or principal and agent, between the DISTRICT and
CONTRACTOR or any of CONTRACTOR'S agents or employees. CONTRACTOR assumes
exclusively the responsibility for the acts of its employees as they relate to the services to be
provided during the course and scope of their employment. CONTRACTOR, its agents and
employees shall not be entitled to any rights or privileges of DISTRICT employees and shall not
be considered in any manner to be DISTRICT employees. DISTRICT shall be permitted to
monitor the activities of CONTRACTOR to determine compliance with the terms of the Project
documents.

(b)    Contractors are required by law to be licensed and regulated by the Contractors' State
License Board. Any contractor not so licensed is subject to penalties under the law, and the
contract will be considered void pursuant to Section 7028.7 of the Business and Professions
Code. Any questions concerning a contractor may be referred to the Registrar, Contractors' State
License Board, 3132 Bradshaw Road, P. O. Box 2600, Sacramento, CA 95826.
                                                                                         40 of 146


ARTICLE 3. 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 DISTRICT in writing and cooperate with
DISTRICT in making such changes as the DISTRICT may request in the Project documents.

ARTICLE 4. CONTRACTOR'S SUPERVISION, PROSECUTION AND PROGRESS

(a)      During progress of the work, CONTRACTOR shall keep on the work site a competent,
English-speaking superintendent satisfactory to DISTRICT. Before commencing the work
herein, CONTRACTOR shall give written notice to DISTRICT and DISTRICT’S FIELD
ADVISOR of the name, qualifications and experience of such superintendent. If superintendent
is found unsatisfactory by District, CONTRACTOR shall replace the superintendent with one
acceptable to the DISTRICT. Superintendent shall not be changed except with written consent of
DISTRICT, unless a superintendent proves to be unsatisfactory to CONTRACTOR and ceases to
be in its employ, in which case, CONTRACTOR shall notify DISTRICT and DISTRICT’S
FIELD ADVISOR in writing and replace said superintendent with one acceptable to the
DISTRICT. Superintendent shall represent CONTRACTOR and all directions given to
superintendent shall be as binding as if given to CONTRACTOR.

(b)      CONTRACTOR shall supervise and direct the work competently and efficiently,
devoting such attention thereto and applying such skills as may be necessary to perform the work
in accordance with the Project documents. CONTRACTOR shall carefully study and compare all
plans, drawings, specifications, and other instructions and shall at once report to DISTRICT’S
FIELD ADVISOR any error, inconsistency or omission which CONTRACTOR or its employees
may discover. CONTRACTOR represents itself to DISTRICT as a skilled, knowledgeable, and
experienced CONTRACTOR. CONTRACTOR shall carefully study and compare the Project
documents with each other, and shall at once report to the DISTRICT’S FIELD ADVISOR any
errors, inconsistencies, or omissions discovered. CONTRACTOR shall be liable to the
DISTRICT for damage resulting from errors, inconsistencies, or omissions in the Project
documents that the CONTRACTOR recognized and which CONTRACTOR knowingly failed to
report and which a similarly skilled, knowledgeable, and experienced contractor would have
discovered.

(c)     CONTRACTOR shall verify all indicated dimensions before ordering materials or
equipment, or before performing work. CONTRACTOR shall take field measurements, verify
field conditions, and shall carefully compare such field measurements and conditions and other
information known to CONTRACTOR with the Project documents before commencing work.
Errors, inconsistencies or omissions discovered shall be reported to the DISTRICT at once. Upon
commencement of any item of work, CONTRACTOR shall be responsible for dimensions
related to such item of work and shall make any corrections necessary to make work properly fit
at no additional cost to DISTRICT. This responsibility for verification of dimensions is a
non-delegable duty and may not be delegated to subcontractors or agents.
(d)     Omissions from the plans, drawings or specifications, or the misdescription of details of
work which are manifestly necessary to carry out the intent of the plans, drawings and
specifications, or which are customarily performed, shall not relieve CONTRACTOR from
performing such omitted or misdescribed work, but they shall be performed as if fully and
                                                                                           41 of 146


correctly set forth and described in the plans, drawings and specifications.

(e)     CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences, and procedures of construction. The CONTRACTOR shall be responsible to see that
the finished work complies accurately with the Project documents.

(f)    CONTRACTOR shall fully comply with any and all reporting requirements of Education
Code §§17309 and 81141 in the manner prescribed by Tile 24 of the California Code of
Regulations.

ARTICLE 5. SUBCONTRACTORS

(a)     CONTRACTOR agrees to bind every subcontractor by terms of the Project documents as
far as such terms are applicable to subcontractor's work. If CONTRACTOR shall subcontract
any part of the work, CONTRACTOR shall be as fully responsible to DISTRICT 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 Project documents shall create any contractual relation between any
subcontractor and DISTRICT, nor shall the contract documents be construed to be for the benefit
of any subcontractor.

(b)    DISTRICT'S consent to any subcontractor shall not in any way relieve CONTRACTOR
of any obligations under the Project documents and no such consent shall be deemed to waive
any provision of any Project document.

(c)     CONTRACTOR must submit with its bid, a Designation of Subcontractors pursuant to
the Subletting and Subcontracting Fair Practices Act. 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 of one percent of the total bid, CONTRACTOR agrees that it is
fully qualified 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 under the Subletting and Subcontracting Fair Practices Act,
California Public Contract Code Section 4100, et. seq.

(d)    If a subcontractor is designated as a "Specialty Contractor" as defined in Section 7058 of
the Business and Professions Code, all of the work outside of that subcontractor's specialty shall
be performed in compliance with the Subletting and Subcontracting Fair Practices Act, Public
Contract Code Sections 4100, et seq.

(e)    A copy of each subcontract, if in writing, or, if not in writing, then a written statement
signed by the CONTRACTOR giving the name of the subcontractor and the terms and
conditions of such subcontract, shall be filed with the DISTRICT before the subcontractor begins
work. Each subcontract shall contain a reference to the Agreement between the DISTRICT and
the CONTRACTOR and the terms of that Agreement and all parts of the Project documents shall
be made a part of such subcontract insofar as applicable to the work covered thereby. Each
subcontract will provide for termination in accordance with Article 13. Each subcontract shall
provide for its annulment by the CONTRACTOR at the order of the DISTRICT’S FIELD
ADVISOR if in the DISTRICT’S FIELD ADVISOR'S opinion the subcontractor fails to comply
                                                                                           42 of 146


with the requirements of the Project documents insofar as the same may be applicable to this
work. Nothing herein contained shall relieve the CONTRACTOR of any liability or obligation
hereunder.

ARTICLE 6. PROHIBITED INTERESTS

No official of DISTRICT who is authorized in such capacity and on behalf of DISTRICT to
negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or
approving any District’s Field Advisor, engineering, inspection, construction or material supply
contract or any subcontract in connection with construction of the Project, shall become directly
or indirectly interested financially in this Project or in any part thereof. No officer, employee,
DISTRICT’S FIELD ADVISOR, attorney, engineer or inspector of or for DISTRICT who is
authorized in such capacity and on behalf of DISTRICT to exercise any executive, supervisory
or other similar functions in connection with construction of Project shall become directly or
indirectly interested financially in this Project or in any part thereof. CONTRACTOR shall
receive no compensation and shall repay DISTRICT for any compensation received by
CONTRACTOR hereunder, should CONTRACTOR aid, abet or knowingly participate in
violation of this Article.

ARTICLE 7. DISTRICT'S INSPECTOR

(a)    One or more Inspector(s), including special inspectors, as required, will be employed by
DISTRICT in accordance with requirements of Title 24 of the California Code of Regulations
and will be assigned to the Project. Duties of an Inspector are specifically defined in Section
4-342 of Title 24.

(b)     No work shall be performed by the CONTRACTOR solely upon the instructions or
comments by the Inspector. The Inspector has no authority to interpret the Project documents or
order extra work and any extra work performed without the written instruction of the DISTRICT
shall be at CONTRACTOR's sole cost and expense and there will be no delay damages incurred
by DISTRICT for such work. The Inspector is not authorized to make changes in the drawings or
specifications nor shall the Inspector's approval of the work and the methods relieve the
CONTRACTOR of responsibility for the correction of subsequently discovered defects, or from
its obligation to comply with the Project documents.

(c)     No work shall be carried on except with the knowledge and under the inspection of said
Inspector(s). He/she 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 respecting progress and manner of work
and character of materials. Inspection of work shall not relieve CONTRACTOR from any
obligation to fulfill the Project documents. Inspector or DISTRICT’S FIELD ADVISOR shall
have authority to stop work whenever provisions of Project documents are not being complied
with and such noncompliance is discovered. In addition, the Inspector or DISTRICT’S FIELD
ADVISOR may stop any work which poses a probable risk of harm to persons or property. The
CONTRACTOR shall instruct its employees, subcontractors, material and equipment suppliers,
etc., accordingly. The absence of any Stop Work order or rejection of any portion of the work
shall not relieve the CONTRACTOR from any of its obligations pursuant to the Project
documents.
                                                                                          43 of 146




ARTICLE 8. DISTRICT’S FIELD ADVISOR'S STATUS

(a)     The DISTRICT’S FIELD ADVISOR shall be the DISTRICT'S representative during
construction and until final payment is due. DISTRICT’S FIELD ADVISOR shall observe the
progress and quality of the work on behalf of the DISTRICT. DISTRICT’S FIELD ADVISOR
shall have the authority to act on behalf of DISTRICT only to the extent expressly provided in
the Project documents. DISTRICT’S FIELD ADVISOR shall have authority to stop work
whenever such stoppage may be necessary in DISTRICT’S FIELD ADVISOR'S reasonable
opinion to insure the proper execution of the Project documents.

(b)    The DISTRICT’S FIELD ADVISOR shall be, in the first instance, the judge of the
       performance of the work. DISTRICT’S FIELD ADVISOR shall exercise authority under
       the Project documents to enforce CONTRACTOR'S faithful performance. DISTRICT’S
       FIELD ADVISOR shall ensure that the quality of the finished work is in accordance with
       the Project documents.

(c)     The DISTRICT’S FIELD ADVISOR shall have all authority and responsibility
established by law, including Title 24 of the California Code of Regulations. The DISTRICT’S
FIELD ADVISOR has the authority to enforce compliance with the Project documents and the
CONTRACTOR shall promptly comply with instructions from the DISTRICT’S FIELD
ADVISOR or an authorized representative of the DISTRICT’S FIELD ADVISOR.

(d)     On all questions related to the quantities, the acceptability of material, equipment or
workmanship, the execution, progress or sequence of work, the interpretation of plans,
specifications or drawings, and the acceptable performance of the CONTRACTOR, the decision
of the DISTRICT’S FIELD ADVISOR shall govern and shall be precedent to any payment
unless otherwise ordered by the Governing Board. The progress and completion of the work
shall not be impaired or delayed by virtue of any question or dispute arising out of or related to
the foregoing matters and the instructions of the DISTRICT’S FIELD ADVISOR relating
thereto.

(e)     General supervision and direction of the work by the DISTRICT’S FIELD ADVISOR
shall in no way imply that the DISTRICT’S FIELD ADVISOR or his or her representatives have
control over, charge of, or are responsible for construction means, methods, techniques,
schedules, sequences or procedures, fabrication, procurement, shipment, delivery, receipt,
installation, or for safety precautions and programs in connection with the work, since these are
solely CONTRACTOR’S responsibility under the Project documents. DISTRICT’S FIELD
ADVISOR shall not be responsible for the CONTRACTOR’S, subcontractors’, material or
equipment suppliers’, or any other person’s schedules or failure to carry out the work in
accordance with the Project documents. DISTRICT’S FIELD ADVISOR shall not have control
over or charge of acts or omissions of CONTRACTOR, subcontractors, their agents or
employees, or any other persons or entities performing or supplying portions of the work.
CONTRACTOR shall not be relieved of obligations to perform the work in accordance with the
Project documents either by activities or duties of the DISTRICT’S FIELD ADVISOR in the
DISTRICT’S FIELD ADVISOR’S administration of the Project documents, or by tests,
inspections, or approvals required or performed by persons other than the CONTRACTOR.
                                                                                              44 of 146


ARTICLE 9. NOTICE OF TAXABLE POSSESSORY INTEREST

The terms of the Agreement may result in the creation of a possessory interest. If such a
possessory interest is vested in a private party to the Agreement, the private party may be
subjected to the payment of property taxes levied on such interest.

ARTICLE 10. ASSIGNMENT OF ANTITRUST ACTIONS

       Public Contract Code Section 7103.5 provides:

               In entering into a public works contract or a subcontract to
                       supply goods, services, or materials pursuant to a
                       public works contract, the contractor or
                       subcontractor offers and agrees to assign to the
                       awarding body (DISTRICT) all rights, title, and
                       interest in and to all causes of action it may have
                       under Section 4 of the Clayton Act (15 U.S.C.
                       Section 15) or under the Cartwright Act (Chapter 2
                       (commencing with Section 16700) of Part 2 of
                       Division 7 of the Business and Professions Code),
                       arising from purchases of goods, services, or
                       materials pursuant to the public works contract or
                       the subcontract. This assignment shall be made and
                       become effective at the time the awarding body
                       tenders final payment to the contractor, without
                       further acknowledgment by the parties.

CONTRACTOR, for itself and all subcontractors, agrees to assign to DISTRICT all rights, title,
and interest in and to all such causes of action CONTRACTOR and all subcontractors may have
under the Agreement. This assignment shall become effective at the time DISTRICT tenders
final payment to CONTRACTOR, and CONTRACTOR shall require assignments from all
subcontractors to comply herewith.

ARTICLE 11. OTHER CONTRACTS

(a)     DISTRICT reserves 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 connect and coordinate
its work with such other contractors.

(b)     If any part of CONTRACTOR'S work depends for proper execution or results upon work
of any other contractor, CONTRACTOR shall inspect and promptly report to DISTRICT’S
FIELD ADVISOR in writing any defects in such work that render it unsuitable for such proper
execution and results. CONTRACTOR will be held accountable for damages to DISTRICT for
that work which 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 defects which may develop in other contractors' work after
execution of CONTRACTOR'S work.
                                                                                           45 of 146




(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 DISTRICT’S FIELD ADVISOR in
writing any discrepancy between executed work and Project 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 DISTRICT in prosecution of the
Project to the end that CONTRACTOR may perform this Agreement in the 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 any contract for Project
is likely to cause interference with performance of some other contract or contracts, DISTRICT
shall decide which contractor shall cease work temporarily and which contractor shall continue
or whether work can be coordinated so that contractors may proceed simultaneously.

(f)    DISTRICT 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 DISTRICT respecting the order of precedence in performance of contracts.

ARTICLE 12. OCCUPANCY

DISTRICT reserves the right to occupy buildings and/or portions of the site at any time before
completion, and such occupancy shall not constitute final acceptance of any part of work covered
by this Agreement, nor shall such occupancy extend the date specified for completion of the
work. Beneficial occupancy of building(s) does not commence any warranty period nor shall it
entitle CONTRACTOR to any additional compensation due to such occupancy.

ARTICLE 13. DISTRICT'S RIGHT TO TERMINATE AGREEMENT

(a)     If CONTRACTOR refuses or fails to complete the work or any separable part thereof
with such diligence as will insure its completion within the time specified or any extension
thereof, or fails to complete said work within such time, or if the 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 if a receiver should be appointed on account of its
insolvency, or if it should refuse or should fail to supply enough properly skilled workers or
proper materials to complete the work in the time specified, or if CONTRACTOR should fail to
make prompt payment to subcontractors for materials or labor, or disregard laws or ordinances or
instructions of DISTRICT, or if CONTRACTOR or its subcontractors should otherwise be guilty
of a violation of any provision of this Agreement, then DISTRICT may, without prejudice to any
other right or remedy, serve written notice upon CONTRACTOR and its surety of DISTRICT'S
intention to terminate this Agreement. Unless, within five (5) days after the service of such
notice, such violations shall cease and arrangements satisfactory to DISTRICT for the correction
thereof be made, this Agreement shall, upon the expiration of said five (5) days, at the
                                                                                         46 of 146


DISTRICT’s option, cease and terminate. In such case, CONTRACTOR shall not be entitled to
receive any further payment until work is finished to DISTRICT's satisfaction.

(b)     In the event of any such termination, DISTRICT shall immediately serve written notice
thereof upon surety and CONTRACTOR, and surety shall have the right to take over and
perform this Agreement; provided, however, that if surety within seven (7) days after service
upon it of said notice of termination does not give DISTRICT written notice of its intention to
take over and perform this Agreement or does not commence performance thereof within seven
(7) days after date of serving such notice of termination by DISTRICT on surety, DISTRICT
may take over the work and prosecute same to completion by contract or 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 DISTRICT for any excess cost or other damages
occasioned by the DISTRICT thereby. Time is of the essence in this Agreement. If the
DISTRICT takes over the work as hereinabove provided, the DISTRICT may, without liability
for so doing, take possession of and utilize in completing the work such materials, supplies,
equipment and other property belonging to CONTRACTOR as may be on the site of the work
and necessary therefore. In such case the CONTRACTOR shall not be entitled to receive any
further payment until the Project is finished.

(c)     If the expense of finishing the work, including compensation for additional District’s
Field Advisor’s, managerial, and administrative services, shall exceed the unpaid balance of the
Agreement, CONTRACTOR shall pay the difference to DISTRICT. If the unpaid balance under
the Agreement shall exceed expense of finishing the work, including compensation for additional
District’s Field Advisor, managerial, and administrative services, such excess shall be paid to
CONTRACTOR. The amount to be paid to CONTRACTOR, or DISTRICT, as the case may be,
shall be certified by DISTRICT’S FIELD ADVISOR upon application. This payment obligation
shall survive completion of the Agreement.

(d)     In the event that sufficient funds are not appropriated to complete the Project or the
DISTRICT determines that sufficient funds are not available to complete the Project, DISTRICT
may terminate or suspend the completion of the Project at any time by giving written notice to
CONTRACTOR. In the event that the DISTRICT exercises this option, the DISTRICT shall pay
for any and all work and materials completed or delivered onto the site, and the value of any and
all work then in progress and orders actually placed which cannot be canceled up to the date of
notice of termination. The value of work and materials paid for shall include a factor of 15% for
CONTRACTOR'S overhead and profit and there shall be no other costs or expenses paid to
CONTRACTOR. All work, materials and orders paid for pursuant to this provision shall become
the property of the DISTRICT.

(e)      Notwithstanding any other provision to the contrary, the DISTRICT may, at any time and
in its absolute discretion, terminate the services of CONTRACTOR and the work by giving
written notice to CONTRACTOR. In such event, CONTRACTOR shall be entitled to, and
DISTRICT shall pay CONTRACTOR in the manner described in paragraph (d) of this Article.

(f)     DISTRICT may, without cause, order CONTRACTOR in writing to suspend, delay or
interrupt the Project in whole or in part for such period of time as DISTRICT may determine.
Adjustment shall be made for increases in the cost of performance of the Agreement caused by
suspense, delay or interruption.
                                                                                           47 of 146




(g)    The foregoing provisions are in addition to and not in limitation of any other rights or
remedies available to the DISTRICT.

ARTICLE 14. BONDS

Unless otherwise specified in the Special Conditions, CONTRACTOR shall furnish a surety
bond in an amount equal to one hundred percent (100%) of contract price as security for faithful
performance of this Agreement and shall furnish a separate bond in an amount of one hundred
percent (100%) of the contract price as security for payment to persons performing labor and
furnishing materials in connection with this Project. CONTRACTOR shall also furnish a bid
bond in an amount of ten percent (10%) of the contract price. Bonds shall be in the form set
forth in these Project documents.

Only bonds executed by admitted surety insurers as defined in Code of Civil Procedure Section
995.120 shall be accepted. Surety must be a California-admitted surety and listed by the U.S.
Treasury with a bonding capacity in excess of the Project cost.

ARTICLE 15. SUBSTITUTION OF SECURITIES

(a)     Pursuant to the requirements of Public Contract Code Section 22300, upon
CONTRACTOR'S request, DISTRICT will make payment to CONTRACTOR of any earned
retention funds withheld from payments under this Agreement if CONTRACTOR deposits with
the DISTRICT or in escrow with a California or federally chartered bank acceptable to
DISTRICT, securities eligible for the investment pursuant to Government Code Section 16430 or
bank or savings and loan certificates of deposit, upon the following conditions:

       (1)     CONTRACTOR shall be the beneficial owner of any securities substituted for
                   monies withheld and shall receive any interest thereon.

       (2)     All expenses relating to the substitution of securities under said Section 22300
                      and under this Article, including, but not limited to DISTRICT'S overhead
                      and administrative expenses, and expenses of escrow agent shall be the
                      responsibility of the CONTRACTOR.

       (3)     If CONTRACTOR shall choose to enter into an escrow agreement, such
                     agreement shall be satisfactory to DISTRICT, which agreement shall be in
                     the form attached hereto as part of the Project documents and which shall
                     allow for the conversion to cash to provide funds to meet defaults by
                     CONTRACTOR including, but not limited to, termination of
                     CONTRACTOR'S control over the work, stop notices filed pursuant to
                     law, assessment of liquidated damages or amount to be kept or retained
                     under the provisions of the Project documents.

       (4)     Securities, if any, shall be returned to CONTRACTOR only upon satisfactory
                       completion of the Agreement.
                                                                                              48 of 146


(b)     To minimize the expense caused by such substitution of securities, CONTRACTOR
shall, prior to or at the time CONTRACTOR requests to substitute security, deposit sufficient
security to cover the entire amount to be then withheld and to be withheld under the General
Conditions of this Agreement . Should the value of such substituted security at any time fall
below the amount for which it was substituted, or any other amount which the DISTRICT
determines to withhold, CONTRACTOR shall immediately and at CONTRACTOR'S expense
deposit additional security qualifying under said Section 22300 until the total security deposited
is no less than equivalent to the amount subject to withholding under the Agreement.

(c)     In the alternative, under Section 22300, CONTRACTOR, at its own expense, may
request DISTRICT to make payment of earned retention funds directly to the escrow agent. Also
at the expense of CONTRACTOR, CONTRACTOR may direct investment of the payments into
securities, and CONTRACTOR shall receive the interest earned on the investment upon the same
conditions as shown in paragraph (a) for securities deposited by CONTRACTOR. Upon
satisfactory completion of the Agreement , CONTRACTOR shall receive from the escrow agent
all securities, interest and payments received by the escrow agent from DISTRICT, pursuant to
the terms of Section 22300. CONTRACTOR shall pay to each subcontractor, not later than
twenty (20) days after receipt of payment, the respective amount of interest earned, net of costs
attributed to retention withheld from each subcontractor, on the amount of retention withheld
from each subcontractor on the amount withheld to insure performance of CONTRACTOR.

(d)    If any provision of this Article shall be found to be illegal or unenforceable, then,
notwithstanding, this Article shall remain in full force and effect, and such provision shall be
deemed stricken.

ARTICLE 16. FIRE INSURANCE

CONTRACTOR will procure at CONTRACTOR'S own expense, and before commencement of
any work under this Agreement , fire insurance on the Project with course of construction,
without exclusions, vandalism, and malicious mischief clauses attached. Amount of fire
insurance shall be sufficient to protect against loss or damage in full until work is accepted by
DISTRICT. CONTRACTOR shall submit proof of insurance and shall provide endorsements on
forms provided by the DISTRICT or on forms approved by the DISTRICT. Such endorsements
shall be submitted concurrently with the Project documents.

ARTICLE 17. LIABILITY AND PROPERTY DAMAGE INSURANCE

(a)     Before the commencement of the work, CONTRACTOR shall purchase from and
maintain in a company or companies lawfully authorized to do business in California as admitted
carriers with a financial rating of at least A, Class VII status as rated in the most recent edition of
Best’s Insurance Reports, such insurance, in amounts as set forth in the Special Conditions, as
will protect CONTRACTOR from claims set forth below, which may arise out of or result from
CONTRACTOR’S operations under the Agreement and for which CONTRACTOR may be
legally liable, whether such operations are by CONTRACTOR, by a subcontractor, by anyone
directly or indirectly employed by any of them, or by anyone for whose acts any of them may be
liable:
                                                                                            49 of 146


       A.      claims for damages because of bodily injury, sickness, disease, or death of any
                      person other than CONTRACTOR’S employees;

       B.      claims for damages insured by usual personal injury liability coverage, which are
                      sustained by a person as a result of an offense directly or indirectly related
                      to employment of such person by CONTRACTOR or by another person;

       C.      claims for damage because of injury or destruction of tangible property, including
                      loss of use resulting therefrom, arising from operations under the Project
                      documents;

       D.      claims for damages because of bodily injury, death of a person, or property
                      damage arising out of the ownership, maintenance, or use of a motor
                      vehicle, all mobile equipment, and vehicles moving under their own power
                      and engaged in the work;

       E.      claims involving blanket contractual liability applicable to CONTRACTOR’S
                       obligations under the Project documents, including liability assumed by
                       and the indemnity and defense obligations of CONTRACTOR and the
                       subcontractors; and

       F.      claims involving Completed Operations, Independent Contractors’ coverage, and
                       Broad Form property damage, without any exclusions for collapse,
                       explosion, demolition, underground coverage, and excavating. (XCU)

(b)      CONTRACTOR shall require its subcontractors to take out and maintain similar general
liability insurance and property damage insurance required in this Article in like amounts. A
“claims made” or modified “occurrence” policy shall not satisfy the requirements of this Article
without prior written approval of the DISTRICT.

(c)      The DISTRICT shall be responsible for purchasing and maintaining the DISTRICT’S
usual liability insurance. Optionally, the DISTRICT may purchase and maintain other insurance
for self protection against claims which may arise from operations under the Agreement.
CONTRACTOR shall not be responsible for purchasing and maintaining this optional
DISTRICT’S liability insurance unless specifically required by the Project documents.

(d)     CONTRACTOR shall name, on any policy of insurance required under this Article, the
DISTRICT, its trustees, officers, agents, employees and volunteers, the DISTRICT’S FIELD
ADVISOR and the DISTRICT’S FIELD ADVISOR’S consultants, individually and collectively,
as additional insureds. Subcontractors shall name the CONTRACTOR, the DISTRICT and the
DISTRICT’S FIELD ADVISOR as additional insureds. The Additional Insured Endorsement
included on all such insurance policies shall state that coverage is afforded the additional insured
with respect to claims arising out of operations performed by or on behalf of the insured. If the
additional insureds have other insurance which is applicable to the loss, such other insurance
shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be
reduced by the existence of such other insurance.
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(e)     CONTRACTOR shall submit proof of insurance and shall provide endorsements on the
forms provided by the DISTRICT or on forms approved by the DISTRICT. Such endorsements
shall be submitted concurrently with the Project documents.

ARTICLE 18. WORKERS' COMPENSATION INSURANCE

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

(b)      CONTRACTOR shall provide, during the life of the Agreement, workers' compensation
insurance for all of its employees engaged in work under this Agreement, on or at the site of the
Project, and, in case any of its work is sublet, CONTRACTOR shall require the subcontractor
similarly to provide workers' compensation insurance for all 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
Agreement, 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 DISTRICT certificates of its
insurance protecting workers and a 30-day notice shall be provided to DISTRICT before the
cancellation or reduction of any policy of CONTRACTOR or subcontractor. CONTRACTOR
shall submit proof of insurance and shall provide endorsements on the forms provided by the
DISTRICT or on forms approved by the DISTRICT. Such endorsements shall be submitted
concurrently with the Project documents.

ARTICLE 19. BUILDER’S RISK/”ALL RISK” INSURANCE

(a)     CONTRACTOR, during the progress of the work and until final acceptance of the work
by DISTRICT upon completion of the entire Agreement, shall maintain Builder’s Risk/“All
Risk,” course-of-construction insurance issued on a completed value basis on all insurable work
included under the Project documents. Coverage is to provide extended coverage and insurance
against vandalism, malicious mischief, perils of fire, sprinkler leakage, civil authority, sonic
boom, earthquake, collapse, flood, wind, lightning, smoke, riot, debris removal (including
demolition), and reasonable compensation for the DISTRICT’S FIELD ADVISOR’S services
and expenses required as a result of such insured loss upon the entire work which is the subject
of the Project documents, including completed work and work in progress to the full insurable
value thereof. Such insurance shall include the DISTRICT, its trustees, officers, agents,
employees and volunteers, the DISTRICT’S FIELD ADVISOR and the DISTRICT’S FIELD
ADVISOR’S consultants, and any other person with an insurable interest designated by the
DISTRICT, individually and collectively, as additional insureds.

CONTRACTOR shall submit to the DISTRICT for its approval all items deemed to be
uninsurable. The risk of the damage to the work due to the perils covered by the Builder’s
Risks/“All Risk” Insurance, as well as any other hazard which might result in damage to the
work, is that of CONTRACTOR and the surety, and no claims for such loss or damage shall be
recognized by the DISTRICT nor will such loss or damage excuse the complete and satisfactory
performance of the Agreement by CONTRACTOR.
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(b)     Occupancy or use in accordance with Article 12 shall not commence until the insurance
company providing property insurance has consented to such partial occupancy or use by
endorsement or otherwise. The DISTRICT and CONTRACTOR shall take reasonable steps to
obtain consent of the insurance company and shall, without mutual consent, take no action with
respect to partial occupancy or use that would cause cancellation, lapse, or reduction of the
insurance.

ARTICLE 20. OTHER INSURANCE

CONTRACTOR shall provide all other insurance required to be maintained under applicable
laws, ordinances, rules, and regulations.

ARTICLE 21. PROOF OF CARRIAGE OF INSURANCE

(a)    CONTRACTOR shall not commence work nor shall it allow any subcontractor to
commence work under this Agreement until all required insurance certificates and endorsements
have been obtained and delivered in duplicate to and approved by DISTRICT, subject to the
requirements contained in this Article.

(b)    Certificates and insurance policies shall include the following:

       (1)    A clause stating:

                      "This policy shall not be non-renewed,
                             canceled or reduced in required
                             limits of liability or amount of
                             insurance until notice has been
                             mailed to DISTRICT. Date of non-
                             renewal, cancellation or reduction
                             may not be less than thirty (30) 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)    Statement that the DISTRICT, its trustees, officers, agents, employees and
                     volunteers, the DISTRICT’S FIELD ADVISOR and the DISTRICT’S
                     FIELD ADVISOR’S consultants, individually and collectively, as
                     additional insureds under the policy described and that such insurance
                     policy shall be primary to any insurance or self-insurance maintained by
                     the DISTRICT.

(c)     In the event of the failure of any contractor to furnish and maintain any insurance
required by this Agreement, CONTRACTOR shall be in default under the Agreement.
Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates
or policies evidencing the same shall not relieve CONTRACTOR from liability assumed under
                                                                                           52 of 146


any provision of the Project documents, including, without limitation, the obligation to defend
and indemnify the DISTRICT, its trustees, officers, agents, employees and volunteers, the
DISTRICT’S FIELD ADVISOR and the DISTRICT’S FIELD ADVISOR’S consultants,
individually and collectively, as additional insureds.

(d)     CONTRACTOR and its subcontractors shall produce a certified copy of any insurance
policy required under this Agreement upon written request of the DISTRICT.

(e)    In case of CONTRACTOR'S failure to provide insurance as required by the Agreement,
the DISTRICT may, at DISTRICT'S option, take out and maintain at the expense of
CONTRACTOR, such insurance in the name of CONTRACTOR, or subcontractor, as the
DISTRICT may deem proper and may deduct the cost of taking out and maintaining such
insurance from any sums which are due or to become due to CONTRACTOR under this
Agreement.

ARTICLE 22. DRAWINGS AND SPECIFICATIONS

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

(b)     Drawings and Specifications are intended to comply with all laws, ordinances, rules and
regulations of constituted authorities having jurisdiction, and where referred to in the Project
documents, said laws, ordinances, rules and regulations shall be considered as a part of the
Agreement within the limits specified. CONTRACTOR shall bear all expenses of correcting
work done contrary to said laws, ordinances, rules and regulations and if CONTRACTOR
performed same (1) without first consulting the DISTRICT’S FIELD ADVISOR for further
instructions regarding said work, or (2) disregarded the DISTRICT’S FIELD ADVISOR'S
instructions regarding said work.

(c)     Before commencing any portion of the work, CONTRACTOR shall check and review the
Drawings and Specifications for such portion for conformance and compliance with all laws,
ordinances, codes, rules and regulations of all governmental authorities and public utilities
affecting the construction and operation of the physical plant of the Project, and quasi-
governmental and other regulations affecting the construction and operation of the physical plant
of the Project, and other special requirements, if any, designated in the Project documents. In the
event CONTRACTOR observes any violation of any law, ordinance, code, rule or regulation, or
inconsistency with any such restrictions or special requirements of the Project documents,
CONTRACTOR shall promptly notify DISTRICT’S FIELD ADVISOR and DISTRICT in
writing of same and shall ensure that any such violation or inconsistency shall be corrected in the
manner provided hereunder prior to the construction of that portion of the Project.

(d)      Before commencing any portion of the work, CONTRACTOR shall carefully examine all
Drawings and Specifications and other information given to CONTRACTOR as to materials and
methods of construction and other Project requirements. CONTRACTOR shall immediately
notify DISTRICT’S FIELD ADVISOR and DISTRICT in writing of any perceived or alleged
error, inconsistency, ambiguity, or lack of detail or explanation in the Drawings and
Specifications in the manner provided herein. If CONTRACTOR or its subcontractors, material
                                                                                            53 of 146


or equipment suppliers, or any of their officers, agents, and employees performs, permits, or
causes the performance of any work under the Project documents, which it knows or should have
known to be in error, inconsistent, or ambiguous, or not sufficiently detailed or explained,
CONTRACTOR shall bear any and all costs arising therefrom including, without limitation, the
cost of correction thereof without increase or adjustment to the contract price or the time for
performance. If CONTRACTOR performs, permits, or causes the performance of any work
under the Project documents prepared by or on behalf of CONTRACTOR which is in error,
inconsistent or ambiguous, or not sufficiently detailed or explained, CONTRACTOR shall bear
any and all resulting costs, including, without limitation, the cost of correction, without increase
to or adjustment in the contract price or the time for performance. In no case shall any
subcontractor proceed with the work if uncertain without the CONTRACTOR’S written
direction and/or approval.

(e)     Questions regarding interpretation of Drawings and Specifications shall be clarified by
the DISTRICT’S FIELD ADVISOR; provided, however, that in the event DISTRICT’S FIELD
ADVISOR determines that CONTRACTOR'S requests for clarification or interpretation are not
justified or do not reflect adequate competent supervision or knowledge by CONTRACTOR or
his/her subcontractors, CONTRACTOR shall be required to pay DISTRICT’S FIELD
ADVISOR'S reasonable and customary fees in processing and responding to such requests.
Should CONTRACTOR commence work or any part thereof without seeking clarification,
CONTRACTOR waives any claim for extra work or damages as a result of any ambiguity,
conflict or lack of information.

(f)     Figured dimensions on drawings shall govern, but work not dimensioned shall be as
directed. Work not particularly shown or specified shall be the same as similar parts that are
shown or specified. Large scale drawings shall take precedence over smaller scale drawings as to
shape and details of construction. Specifications shall govern as to materials, workmanship, and
installation procedures. Drawings and Specifications are intended to be fully cooperative and to
agree. If CONTRACTOR observes that drawings and specifications are in conflict,
CONTRACTOR shall promptly notify the DISTRICT’S FIELD ADVISOR in writing, and any
necessary changes shall be adjusted as provided in Article 69; provided, however, that the
specification calling for the higher quality material or workmanship shall prevail without
additional cost to DISTRICT.

(g)    Materials or work described in words which so applied has a well known technical or
trade meaning shall be deemed to refer to such recognized standards.

(h)    It is not the intention of the Agreement to go into detailed descriptions 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 the work so named with all its incidental
and accessory items according to the best practices of the trade.

(i)    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 necessary to achieve full
and complete functioning of the material and/or equipment as per best practices of the trade(s)
involved, unless specifically noted otherwise.
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(j)    Special Conditions shall take precedence over General Conditions.

(k)    Technical Specifications implement, in additional detail the requirements of the General
Conditions. In the event of conflict between the Technical Specifications and the General
Conditions, the General Conditions shall take precedence.

(l)    CONTRACTOR will be furnished copies of Drawings and Specifications as set forth in
the Special Conditions.

ARTICLE 23. OWNERSHIP OF DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS

All plans, drawings, designs, specifications, and other incidental District’s Field Advisor and
engineering work or materials and other Project documents and copies thereof furnished by
DISTRICT are DISTRICT'S property. They are not to be used in other work and are to be
returned to DISTRICT on request at completion of work, and may be used by DISTRICT as it
may require, without any additional costs to DISTRICT.

ARTICLE 24. DETAIL DRAWINGS AND INSTRUCTIONS

(a)     In case of ambiguity, conflict, or lack of information, DISTRICT’S FIELD ADVISOR
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 Project
documents, true developments thereof, and reasonably inferable therefrom. Such additional
instructions shall be furnished with reasonable promptness, provided that CONTRACTOR
informs the DISTRICT’S FIELD ADVISOR of the relationship of the request to the critical path
of construction.

(b)    Work shall be executed in conformity therewith and CONTRACTOR shall do no work
without proper drawings and instructions.

(c)     The DISTRICT’S FIELD ADVISOR will furnish necessary additional details to more
fully explain the work, which details shall be considered as part of the Project documents.

(d)     Should any details be more elaborate, in the opinion of CONTRACTOR, than scale
drawings and specifications warrant, CONTRACTOR shall give written notice thereof to the
DISTRICT’S FIELD ADVISOR within five (5) days of the receipt of same. In case no notice is
given to the DISTRICT’S FIELD ADVISOR within five (5) days, it will be assumed the details
are reasonable development of the scale drawings. In case notice is given, then it will be
considered, and if found justified, the DISTRICT’S FIELD ADVISOR will either modify the
drawings or shall recommend to DISTRICT a change order for the extra work involved.

(e)     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 DISTRICT’S FIELD ADVISOR such
directions and/or drawings as may be necessary for the proper performance of the work.
                                                                                              55 of 146


(f)     If it is found at any time, before or after completion of the work, that CONTRACTOR
has varied from the drawings and/or specifications, in materials, quality, form or finish, or in the
amount or value of the materials and labor used, the DISTRICT’S FIELD ADVISOR shall make
a recommendation:

       (1)     that all such improper work should be removed, remade and replaced, and all
                        work disturbed by these changes be made good at CONTRACTOR'S
                        expense; or (2) that the DISTRICT 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 drawings and
                        specifications. DISTRICT’S FIELD ADVISOR shall determine such
                        difference in value. The DISTRICT, at its option, may pursue either
                        recommendation made by the DISTRICT’S FIELD ADVISOR.

ARTICLE 25. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

(a)      The term “shop drawings” as used herein means drawings, diagrams, schedules, and
other data, which are prepared by CONTRACTOR, subcontractors, manufacturers, suppliers, or
distributors illustrating some portion of the work, and includes: illustrations; fabrication,
erection, layout and setting drawings; manufacturer’s standard drawings; schedules; descriptive
literature, instructions, catalogs; and brochures; performance and test data including charts;
wiring and control diagrams; and all other drawings and descriptive data pertaining to materials,
equipment, piping, duct and conduit systems, and methods of construction as may be required to
show that the materials, equipment, or systems and their position conform to the requirements of
the seismic and other calculations and all product data from equipment manufacturers.

(b)      The term “product data” as used herein are illustrations, standard schedules, performance
charts, instructions, brochures, diagrams, and other information furnished by CONTRACTOR to
illustrate a material, product, or system for some portion of the work.

(c)    The term “manufactured” as used herein, applies to standard units usually mass-
produced, and “fabricated” means items specifically assembled or made out of selected materials
to meet individual design requirements.

(d)      The term “samples” as used herein are physical examples furnished by CONTRACTOR
to illustrate materials, equipment, or quality and includes natural materials, fabricated items,
equipment, devices, appliances, or parts thereof as called for in the specifications, and any other
samples as may be required by the DISTRICT’S FIELD ADVISOR to determine whether the
kind, quality, construction, finish, color, and other characteristics of the materials, etc., proposed
by CONTRACTOR conform to the required characteristics of the various parts of the work. All
work shall be in accordance with the approved samples.

(e)     Shop drawings shall: establish the actual detail of all manufactured or fabricated items,
indicate proper relation to adjoining work, amplify design details of mechanical and electrical
systems and equipment in proper relation to physical spaces in the structure, and incorporate
minor changes of design or construction to suit actual conditions.
                                                                                           56 of 146


(f)     CONTRACTOR shall obtain and shall submit all required shop drawings and samples in
accordance with Contractor’s “Schedule for Submission of Shop Drawings and Samples” as
required in the Specifications with such promptness as to cause no delay in its own work or in
that of any other contractor or subcontractor but in no event later than thirty-five (35) calendar
days after award of the contract.

(g)    Each subcontractor shall submit all shop drawings, samples, and manufacturer’s
descriptive data for the review of the DISTRICT, CONTRACTOR, and the DISTRICT’S FIELD
ADVISOR through the CONTRACTOR.

(h)      No extensions of time will be granted to CONTRACTOR or any subcontractor because
of its failure to have shop drawings and samples submitted in accordance with the schedule.

(i)     By submitting shop drawings, product data, and samples, CONTRACTOR or submitting
party (if other than CONTRACTOR) represents that it has determined and verified all materials,
field measurements, catalog numbers, related field construction criteria, and other relevant data
in connection with each submission, and that it has checked, verified, and coordinated the
information contained within such submittals with the requirements of the work and of the
Project documents. At the time of submission, any deviation in the shop drawings, product data,
or samples from the requirements of the Project documents shall be narratively described in a
transmittal accompanying the submittal. However, submittals shall not be used as a means of
requesting a substitution, the procedure for which is defined in Article 28.

(j)     Review by DISTRICT and DISTRICT’S FIELD ADVISOR shall not relieve
CONTRACTOR or any subcontractor from its responsibility in preparing and submitting proper
shop drawings in accordance with the Project documents. CONTRACTOR shall stamp, sign, and
date each submittal indicating its representation that the submittal meets all of the requirements
of the Project documents.

(k)    Any submission, which in DISTRICT’S FIELD ADVISOR’S opinion is incomplete,
contains numerous errors, or has been checked only superficially will be returned unreviewed by
the DISTRICT’S FIELD ADVISOR for resubmission by CONTRACTOR.

(l)     In reviewing shop drawings, the DISTRICT’S FIELD ADVISOR will not verify
dimensions and field conditions. The DISTRICT’S FIELD ADVISOR will review and approve
shop drawings, product data, and samples for aesthetics and for conformance with the design
concept of the work and the information given in the Project documents. The DISTRICT’S
FIELD ADVISOR’S review shall neither be construed as a complete check nor relieve
CONTRACTOR, subcontractor, manufacturer, fabricator, or supplier from responsibility for any
deficiency that may exist or from any departures or deviations from the requirements of the
Project documents unless CONTRACTOR has, in writing, called the DISTRICT’S FIELD
ADVISOR’S attention to the deviations at the time of submission. The DISTRICT’S FIELD
ADVISOR’S review shall not relieve the CONTRACTOR or subcontractors from responsibility
for errors of any sort in shop drawings or schedules, for proper fitting of the work, or from the
necessity of furnishing any work required by the Project documents, which may not be indicated
on shop drawings when reviewed. CONTRACTOR and subcontractors shall be solely
responsible for any quantities, which may be shown on the shop drawings.
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ARTICLE 26. SUBMITTALS OF DRAWINGS

(a)     All shop drawings must be properly identified with the name of the Project and dates, and
each lot submitted must be accompanied by a letter of transmittal referring to the name of the
Project and to the specification section number for identification of each item clearly stating in
narrative form, as well as “clouding” on the submissions, all qualifications, departures, or
deviations from the Project documents, if any. Shop drawings, for each section of the work,
shall be numbered consecutively, and the numbering system shall be retained throughout all
revisions. All subcontractor submissions shall be made through CONTRACTOR. Each drawing
shall have a clear space for the stamps of DISTRICT’S FIELD ADVISOR and CONTRACTOR.
Only shop drawings required to be submitted by the Project documents shall be reviewed.

(b)     Each submittal shall include one (1) legible reproducible and five (5) legible prints of
each drawing, including fabrication, erection, layout and setting drawings, and such other
drawings as required under the various sections of the specifications until final acceptance
thereof is obtained. Subcontractor shall submit copies, in an amount as requested by
CONTRACTOR, of manufacturers’ descriptive data for materials, equipment, and fixtures,
including catalog sheets showing dimensions, performance, characteristics, and capacities;
wiring diagrams and controls; schedules; all seismic calculations and other calculations; and
other pertinent information as required.

(c)     CONTRACTOR shall make any corrections required by DISTRICT’S FIELD ADVISOR
and shall resubmit as required by DISTRICT’S FIELD ADVISOR the required number of
corrected copies of shop drawings until approved. CONTRACTOR shall direct specific
attention in writing or on resubmitted shop drawings to revisions other than the corrections
required by the DISTRICT’S FIELD ADVISOR on previous submissions. Professional services
required for more than one (1) re-review of required submittals of shop drawings and/or product
data are subject to charge to the CONTRACTOR pursuant to Article 33. The costs for such
additional services shall be deducted by the DISTRICT from the amounts due CONTRACTOR
for such additional DISTRICT’S FIELD ADVISOR’S fees and paid directly to the DISTRICT’S
FIELD ADVISOR.

(d)    No portion of the work requiring a shop drawing submission shall be commenced until
the submission has been reviewed by DISTRICT and approved by DISTRICT’S FIELD
ADVISOR unless specifically directed in writing by the DISTRICT. All such portions of the
work shall be in accordance with approved shop drawings.

(e)    All shop drawings submitted shall become the DISTRICT’S property.

ARTICLE 27. SUBMITTAL OF SAMPLES

(a)     In case a considerable range of color, graining, texture, or other characteristics may be
anticipated in finished products, a sufficient number of samples of the specified materials shall
be furnished by CONTRACTOR to indicate the full range of characteristics, which will be
present in the finished products; and products delivered or erected without submittal and
approval of full range samples shall be subject to rejection. Except for range samples, and unless
otherwise called for in the various sections of the specifications, samples shall be submitted in
duplicate. All samples shall be marked, tagged, or otherwise properly identified with the name
                                                                                              58 of 146


of the submitting party, the name of the Project, the purpose for which the samples are
submitted, and the date and shall be accompanied by a letter of transmittal containing similar
information, together with the specification section number for identification of each item. Each
tag or sticker shall have clear space for the review stamps of CONTRACTOR and DISTRICT’S
FIELD ADVISOR.

(b)    Samples of materials, which are generally furnished in containers bearing the
manufacturers’ descriptive labels and printed application instructions, shall, if not submitted in
standard containers, be supplied with such labels and application instructions.

(c)     CONTRACTOR shall make any corrections required by DISTRICT’S FIELD ADVISOR
and shall resubmit as required by DISTRICT’S FIELD ADVISOR the required number of new
samples until approved. CONTRACTOR shall direct specific attention in writing or on
resubmitted samples to revisions other than the corrections required by the DISTRICT’S FIELD
ADVISOR on previous submissions. Professional services required for more than one (1) re-
review of required submittals of samples are subject to charge to the CONTRACTOR pursuant
to Article 33. The costs for such additional services shall be deducted by the DISTRICT from the
amounts due CONTRACTOR for such additional DISTRICT’S FIELD ADVISOR’S fees and
paid directly to the DISTRICT’S FIELD ADVISOR.

(d)     No portion of the work requiring a sample submission shall be commenced until the
submission has been reviewed by DISTRICT and approved by DISTRICT’S FIELD ADVISOR
unless specifically directed in writing by the DISTRICT. All such portions of the work shall be
in accordance with approved samples.

(e)     Unless specified otherwise, sampling, preparation of samples and tests shall be in
accordance with the latest standards of the American Society for Testing and Materials.
(f)     Samples shall, upon demand of DISTRICT’S FIELD ADVISOR or DISTRICT, be
submitted for tests or examinations and considered before incorporation of same into the work.
CONTRACTOR shall be solely responsible for delays due to samples not being submitted in
time to allow for tests.

(g)    All samples submitted shall become the DISTRICT’S property.

ARTICLE 28. SUBSTITUTIONS

(a)     Unless the specifications state that no substitution is permitted, whenever in the Project
documents any specific article, device, equipment, product, material, fixture, patented process
form, method, or type of construction is indicated or specified by name, make, trade name, or
catalog number, with or without the words “or equal,” such specification shall be deemed to be
used for the purpose of facilitating description of material, process, or article desired and shall be
deemed to be followed by the words “or equal.” CONTRACTOR may, unless otherwise stated,
offer any material, process, or article, which shall be equal or better in every respect to that so
indicated or specified and will completely accomplish the purpose of the Project documents,
subject to DISTRICT or DISTRICT’S FIELD ADVISOR approval.

(b)     When two or more acceptable products are specified for an item of the work, the choice
will be up to CONTRACTOR. CONTRACTOR shall utilize the same product throughout the
                                                                                             59 of 146


Project. If the required notice is not provided and an “or equal” substitution is requested, the
DISTRICT, at its sole discretion, may refuse to consider the substitution unless the product
specified is no longer commercially available. If the DISTRICT allows the substitution to be
proposed despite the lack of proper notice, CONTRACTOR will be invoiced by the DISTRICT
for the professional fees incurred by the DISTRICT’S FIELD ADVISOR or DISTRICT’S
FIELD ADVISOR’S consultants in reviewing the proposed substitution.

(c)    Request for substitutions of products, materials, or processes other than those specified
must be made on the Substitution Request form available from the DISTRICT and submitted to
the DISTRICT’S FIELD ADVISOR within thirty-five (35) calendar days after award of the
contract. Any Requests submitted after the thirty-five (35) days will not be considered, except as
noted in this Article or at the sole discretion of the DISTRICT.

(d)     A Substitution Request must be accompanied by evidence as to whether or not the
proposed substitution: is equal in quality and serviceability to the specified item; will entail no
changes in detail and construction of related work; will be acceptable in consideration of the
required design and artistic effect; will provide no cost disadvantage to DISTRICT; and will
require no excessive or more expensive maintenance, including adequacy and availability of
replacement parts. The burden of proof of these facts shall be upon CONTRACTOR.

(e)     CONTRACTOR shall furnish with its request all drawings, specifications, samples,
performance data, calculations, and other information as may be required to assist the
DISTRICT’S FIELD ADVISOR and the DISTRICT in determining whether the proposed
substitution is acceptable. The final decision shall be the DISTRICT’S.

(f)     The written approval of the DISTRICT, consistent with the procedure for Change Orders,
shall be required for the use of a proposed substitute material. DISTRICT may condition its
approval of the substitution upon delivery to DISTRICT of an extended warranty or other
assurances of adequate performance of the substitution. All risks of delay due to the Division of
the State DISTRICT’S FIELD ADVISOR’s, or any other governmental agency having
jurisdiction, approval of a requested substitution shall be on the requesting party.

(g)     In the event CONTRACTOR furnishes product, material, process service, or equipment
more expensive than that specified, difference in cost of such product, material, process, service,
or equipment so furnished shall be borne by CONTRACTOR. Any engineering, design fees, or
approval agencies' fees required to make adjustments in material or work of all trades directly or
indirectly affected by the approved substituted items shall be borne entirely by CONTRACTOR.
Any difference in cost between an approved substitution which is lower in cost than the
originally specified item shall be refunded by CONTRACTOR to DISTRICT.

(h)    Price, fitness and quality being equal with regard to supplies, the DISTRICT may prefer
supplies grown, manufactured, or produced in California and next prefer supplies partially
manufactured grown, or produced in California provided the bids of said suppliers or the prices
quoted by them do not exceed by more than 5% of the lowest bids/prices quoted by out of state
suppliers, the major portion of the manufacture of the supplies is not done outside of California
and the public good will be served thereby. (Government Code Sections 4330-4334)
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(i)    The subcontractor shall prepare and submit to CONTRACTOR within thirty (30) days of
execution of the subcontract comprehensive lists, in quadruplicate, of the manufacturers and
products proposed for the Project, including information on materials, equipment, and fixtures
required by the Project documents, as may be required for CONTRACTOR’S or DISTRICT’S
FIELD ADVISOR’S preliminary approval. Approval of such lists of products shall not be
construed as a substitute for the shop drawings, manufacturer’s descriptive data, and samples,
which are required by the Project documents, but rather as a base from which more detailed
submittals shall be developed for the final review of CONTRACTOR and the DISTRICT’S
FIELD ADVISOR.

(j)    Deferred approvals shall be submitted and processed pursuant to the requirements of the
Specifications. All risks of delay due to the Division of the State DISTRICT’S FIELD
ADVISOR’s, or any other governmental agency having jurisdiction, approval of a deferred
approval shall be on the requesting party.

ARTICLE 29. RECORD DRAWINGS

(a)     CONTRACTOR will prepare and maintain on a current basis an accurate and complete
set of Record Drawings showing clearly all changes, revisions, and substitutions during
construction, including, without limitation, field changes and the final location of all mechanical
equipment, utility lines, ducts, outlets, structural members, walls, partition, and other significant
features, and annotated specifications showing clearly all changes, revisions, and substitutions
during construction. CONTRACTOR shall require each trade to do its own Record Drawings. A
copy of such Record Drawings and annotated specifications will be delivered to DISTRICT in
accordance with the schedule prepared by CONTRACTOR.

(b)     In the event of a specification that allows CONTRACTOR to select one of several
brands, makes, or types of material or equipment, the annotations shall show which of the
allowable items CONTRACTOR has furnished. CONTRACTOR will update the Record
Drawings and annotated specifications as often as necessary to keep them current but no less
often than weekly. The Record Drawings and annotated specifications shall be kept at the work
site and available for inspection by the DISTRICT and the DISTRICT’S FIELD ADVISOR.

(c)     On completion of CONTRACTOR’S portion of the work and prior to application for
final payment, CONTRACTOR will provide one complete set of Record Drawings and
annotated specifications to the DISTRICT through the DISTRICT’S FIELD ADVISOR,
certifying them to be a complete and accurate reflection of the actual construction conditions of
the work.

(d)     CONTRACTOR shall obtain and furnish three (3) complete sets of manuals containing
the manufacturers’ instructions for maintenance and operation of each item of equipment and
apparatus furnished under the Project documents and any additional data specifically requested
under the various sections of the specifications for each division of the work. The manuals shall
be arranged in proper order, indexed, and placed in three-ring binders.

(e)     At the completion of its work, CONTRACTOR shall certify, by endorsement thereon,
that each of the manuals is complete, accurate, and covers all of its work.
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(f)     Prior to submittal of CONTRACTOR’S application for final payment, and as a further
condition to its approval by the DISTRICT’S FIELD ADVISOR, each subcontractor shall
deliver the manuals, arranged in proper order, indexed, endorsed, and placed in three-ring
binders, to CONTRACTOR, who shall assemble these manuals for all divisions of the work,
review them for completeness, and submit them to the DISTRICT through the DISTRICT’S
FIELD ADVISOR.

ARTICLE 30. LAYOUT AND FIELD ENGINEERING

All field engineering required for laying out of this work and establishing grades for earthwork
operations shall be furnished by CONTRACTOR at its expense. Such work shall be done by a
qualified civil engineer. Any required Record Drawings of site development shall be prepared by
the approved civil engineer.

ARTICLE 31. SOILS INVESTIGATION REPORT

(a)      When a soils investigation report has been obtained for the DISTRICT from test holes at
the site, such report will be made available for CONTRACTOR'S use in preparing its bid and
work under this Agreement. Any information obtained from such report or any information given
on drawings as to surface and subsurface soil condition or to elevations of existing grades or
elevations of underlying rock is approximate only.

(b)     CONTRACTOR is required to make a visual examination of site and must make
whatever test CONTRACTOR deems appropriate to determine surface and subsurface soil
conditions. If, during the course of work under this Agreement, CONTRACTOR encounters
subsurface or latent conditions which differ materially from those indicated in the soils
investigation report, then CONTRACTOR shall notify the DISTRICT within ten (10) calendar
days of discovery of the condition.

(c)     CONTRACTOR agrees that no claim against DISTRICT will be made by
CONTRACTOR for damages and hereby waives any rights to damages arising out of such
subsurface or latent conditions. Nothing herein contained shall be deemed a waiver by
CONTRACTOR to pursue any available legal right or remedy it may have at any time against
any third party who may have prepared any report and/or test relied upon by CONTRACTOR.

ARTICLE 32. CONCEALED OR UNKNOWN CONDITIONS

If conditions are encountered at the site which are subsurface or otherwise concealed physical
conditions, which differ materially from those indicated in the Project documents, or unknown
physical conditions of an unusual nature, which differ materially from those ordinarily found to
exist and generally recognized as inherent in construction activities of the character provided for
in the Project documents, then notice by the observing party shall be given to the other party
promptly before conditions are disturbed and in no event later than ten (10) calendar days after
first observance of the conditions. The DISTRICT’S FIELD ADVISOR will promptly
investigate such conditions, and if they differ materially and cause an increase or decrease in
CONTRACTOR'S cost of, time required for, or performance of any part of the work, will
recommend an equitable adjustment in the contract sum, contract time, or both. If the
DISTRICT’S FIELD ADVISOR determines that the conditions at the site are not materially
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different from those indicated in the Project documents and that no change in the terms of the
Agreement is justified, the DISTRICT’S FIELD ADVISOR shall so notify the DISTRICT and
CONTRACTOR in writing, stating the reasons. The DISTRICT’S FIELD ADVISOR’S response
to the claim must be made within ten (10) calendar days of receipt of the claim. Claims by either
party in opposition to such determination must be made within ten (10) calendar days after the
DISTRICT’S FIELD ADVISOR has given notice of the decision. If the DISTRICT and
CONTRACTOR cannot agree on an adjustment in the contract sum or the contract time, the
adjustment shall be referred to the DISTRICT’S FIELD ADVISOR for initial determination,
subject to other proceedings pursuant to Article 66.

ARTICLE 33. RESPONSIBILITY FOR ADDITIONAL CHARGES INCURRED BY THE
DISTRICT FOR PROFESSIONAL SERVICES

If at any time prior to the completion of the requirements under the Project documents, through
no fault of its own, the DISTRICT is required to provide or secure additional professional
services for any reason by any act of CONTRACTOR, CONTRACTOR shall be invoiced by the
DISTRICT for any costs incurred for any such additional services, which costs shall be deducted
from the next progress payment. Such invoicing shall be independent from any other DISTRICT
remedies. If payments then or thereafter due to CONTRACTOR are not sufficient to cover such
amounts, CONTRACTOR shall pay the difference to the DISTRICT. Additional services shall
include, but shall not be limited to, the following:

       A.     Services made necessary by the default of CONTRACTOR.

       B.     Services made necessary due to the defects or deficiencies in the work of
                     CONTRACTOR.

       C.     Services required by failure of CONTRACTOR to perform according to any
                     provision of the Project documents.

       D.     Services in connection with evaluating substitutions of products, materials,
                     equipment, Subcontractors proposed by CONTRACTOR, and making
                     subsequent revisions to drawings, specifications, and providing other
                     documentation required (except for the situation where the specified item
                     is no longer manufactured or available).

       E.     Services for evaluating and processing claims submitted by CONTRACTOR in
                     connection with the work outside the established Change Order process.

       F.     Services required by the failure of CONTRACTOR to prosecute the work in a
                     timely manner in compliance within the specified time of completion.

       G.     Services in conjunction with the testing, adjusting, balancing and start-up of
                     equipment other than the normal amount customarily associated for the
                     type of work involved.

       H.     Services in conjunction with more than one (1) re-review of required submittals of
                     shop drawings, product data, and samples.
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ARTICLE 34. TESTS AND INSPECTIONS

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

(b)     If the Agreement, DISTRICT's instructions, laws, ordinances, or any public authority
require any work to be specially tested or approved, CONTRACTOR shall give notice in
accordance with such authority of its readiness for observation or inspection at least two (2)
working days prior to being tested or covered up. If inspection is by authority other than
DISTRICT, CONTRACTOR shall inform the DISTRICT'S Inspector of the date fixed for such
inspection. Required certificates of inspection shall be secured by CONTRACTOR.
Observations by DISTRICT's Inspector shall be promptly made, and where practicable, at source
of supply. If any work should be covered up without approval or consent of DISTRICT's
Inspector, it must be uncovered for examination and satisfactorily reconstructured at
CONTRACTOR's expense in compliance with the Agreement. Costs of tests, inspections and
any materials found to be not in compliance with the Agreement shall be paid for by
CONTRACTOR. Other costs for test and inspection shall be paid by the DISTRICT.

ARTICLE 35. TRENCHES

(a)    CONTRACTOR shall provide adequate sheeting, shoring, and bracing, or equivalent
method, for the protection of life and limb in trenches and open excavation which conform to
applicable safety standards.

(b)     If this Agreement involves the excavation of any trench or trenches five feet or more in
depth, the CONTRACTOR shall, in advance of excavation, submit to the DISTRICT or to
whomever DISTRICT designates a detailed plan showing the design or shoring, bracing, sloping
or other provisions to be made for worker 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 of the Division of Industrial Safety, the plan shall
be prepared by a registered civil or structural engineer employed by CONTRACTOR, and all
costs therefor shall be included in the price named in the Agreement for completion of the work
as set forth in the Project documents. In no case shall such plan be less effective than that
required by the Construction Safety Orders. No excavation of such trench or trenches shall be
commenced until said plan has been accepted by CAL-OSHA and a CAL-OSHA permit for such
plan delivered to the DISTRICT. (Labor Code Sections 6500 and 6705; Health and Safety Code
Section 17922.5).

(c)    Pursuant to Labor Code Section 6705, nothing in this Article shall impose tort liability
upon the DISTRICT or any of its employees.

(d)     If this Agreement involves the digging of trenches or excavations that extend deeper than
four feet below the surface, the following shall apply:

       (1)     The CONTRACTOR shall promptly, and before the following conditions are
                     disturbed, notify the DISTRICT, in writing, of any:
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               (i)     Material that 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.

               (ii)    Subsurface or latent physical conditions at the site different from those
                              indicated.

               (iii)   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
                            Agreement.

       (2)     The DISTRICT 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 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 Project documents.

       (3)     In the event a dispute arises between the DISTRICT and CONTRACTOR,
                       whether the conditions materially differ or involve hazardous waste, or
                       cause a decrease or increase in CONTRACTOR's cost of, or time required
                       for, performance of any part of the work, CONTRACTOR shall not be
                       excused from any scheduled completion date provided for by the Project
                       documents, but shall proceed with all the work to be performed under the
                       Project documents. 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.( Public Contract
                       Code section 7104)

ARTICLE 36. DOCUMENTS ON WORK

CONTRACTOR shall keep on the job site at all times one legible copy of all Project documents,
including addenda and change orders, and Titles 19 and 24 of the California Code of
Regulations, and all approved drawings, plans, schedules and specifications. Said documents
shall be kept in good order and available to DISTRICT’S FIELD ADVISOR, DISTRICT’S
FIELD ADVISOR's representatives, and all authorities having jurisdiction. CONTRACTOR
shall be acquainted with and comply with the provisions of said regulations as they relate to this
Project. (See particularly the duties of Contractor, 24 Cal. Code of Regulations Sec. 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 37. STATE AUDIT

Pursuant to and in accordance with the provisions of Government Code Section 8546.7, or any
amendments thereto, all books, records and files of the DISTRICT, the CONTRACTOR, or any
subcontractor connected with the performance of this Agreement involving the expenditure of
public funds in excess of Ten Thousand Dollars ($10,000.00), including, but not limited to, the
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costs of administration of the Agreement, shall be subject to the examination and audit of the
State Auditor at the request of the DISTRICT or as part of any audit of the DISTRICT for a
period of three (3) years after final payment is made under this Agreement .

ARTICLE 38. PROGRESS SCHEDULE

(a)    Within five (5) calendar days after being awarded the contract, CONTRACTOR shall
submit a progress schedule for DISTRICT'S approval. The schedule shall indicate the beginning
and completion dates of all phases of construction and shall use the "critical path method"
(commonly called CPM) methodology for the value reporting, planning and scheduling, of all
work required under the Project documents. The schedule will separately identify those
milestones or events that must be completed before other portions of the work can be
accomplished.

(b)     The scheduling is necessary for the DISTRICT'S adequate monitoring of the progress of
the work and shall be prepared in accordance with the time frame described in Article 4 of the
District/Contractor Agreement. The DISTRICT may disapprove such a schedule and require
modification to it if, in the opinion of the DISTRICT’S FIELD ADVISOR or DISTRICT,
adherence to the progress schedule will cause the work not to be completed in accordance with
the Agreement. CONTRACTOR shall adhere to any such modifications required by the
DISTRICT.

(c)    A Notice to Proceed will not be issued to CONTRACTOR until the progress schedule has
been approved by DISTRICT or DISTRICT’S FIELD ADVISOR.

(d)     CONTRACTOR will exchange scheduling information with subcontractors and
suppliers. CONTRACTOR will order work, equipment and materials with sufficient lead time to
avoid interruption of the work.

(e)    CONTRACTOR shall submit to DISTRICT a monthly schedule to reflect the actual
sequence of the work which shall be totally separate and apart from the original progress
schedule. Failure of CONTRACTOR to provide a monthly schedule, at the sole discretion of
DISTRICT, constitutes grounds to withhold, in whole or in part, progress payments to
CONTRACTOR.

(f)  No “look ahead” schedules shall be accepted by DISTRICT or DISTRICT’S FIELD
ADVISOR.

(g)     CONTRACTOR shall also, if requested by the DISTRICT’S FIELD ADVISOR or
DISTRICT, provide revised schedules within ten (10) calendar days if, at any time, the
DISTRICT’S FIELD ADVISOR or DISTRICT, consider the completion date to be in jeopardy.
The revised schedule shall be designed to show how CONTRACTOR intends to accomplish the
work to meet the original completion date. The form and method employed by the
CONTRACTOR shall be the same as for the original progress schedule. CONTRACTOR shall
modify any portions of the schedule that become infeasible because of "activities behind
schedule" or for any other valid reason. CONTRACTOR will provide documents and
justification for any schedule changes. An activity that cannot be completed by its original
completion date shall be deemed to be behind schedule.
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(h)      CONTRACTOR shall submit a revised schedule within ten (10) consecutive calendar
days of CONTRACTOR's request for any extension of time. Failure to submit such schedule will
result in CONTRACTOR waiving his/her right to obtain any extension of time.

(i)  IF CONTRACTOR SUBMITS A REVISED SCHEDULE SHOWING AN EARLIER
COMPLETION DATE FOR THE PROJECT, DISTRICT'S ACCEPTANCE OF THIS
REVISED SCHEDULE SHALL NOT ENTITLE CONTRACTOR TO ANY DELAY CLAIM
OR DAMAGES DUE TO ANY SUCH REVISED SCHEDULE.

ARTICLE 39. MATERIALS AND WORK

(a)    Except as otherwise specifically stated in this Agreement, CONTRACTOR shall provide
and pay for all materials, supplies, tools, equipment, labor transportation, superintendence,
temporary constructions of every nature, and all other services and facilities of every nature
whatsoever necessary to execute and complete the Project within 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.
CONTRACTOR shall be entirely responsible for damage or loss by weather or other causes to
materials or work under this Agreement.

(d)     CONTRACTOR shall, after issuance of the Notice to Proceed by DISTRICT, 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 DISTRICT’S FIELD
ADVISOR, furnish to the DISTRICT’S FIELD ADVISOR documentary evidence showing that
orders have been placed.

(e)     DISTRICT reserves the right, for any neglect in not complying with the above
instructions, to place orders for such materials and/or equipment as it may deem advisable in
order 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.

(f)      No materials, supplies, or equipment for work under this Agreement shall be purchased
subject to any chattel mortgage or under a conditional sale or other agreement 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 thereon by it, to DISTRICT 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 this Agreement 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 subdivisions,
title to which is commonly retained by utility company or political subdivision. In the event of
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installation of any such metering device or equipment, CONTRACTOR shall advise DISTRICT
as to owner thereof.

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

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

ARTICLE 40. 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 or existing conditions showing upon, or reasonably implied by, the
drawings and specifications, and shall follow all directions given by the DISTRICT’S FIELD
ADVISOR.

(b)    All costs 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 DISTRICT’S FIELD ADVISOR. CONTRACTOR shall be solely responsible for
protecting existing work on adjacent properties and shall obtain all required permits for shoring
and excavations near property lines.

(d)    New or existing structural members and elements, including reinforcing bars and seismic
bracing, shall not be cut, bored, or drilled except by written authority of the DISTRICT’S FIELD
ADVISOR. Work done contrary to such authority is at CONTRACTOR’S risk, subject to
replacement at its own expense and without reimbursement under the Agreement. Agency
approvals shall be obtained by the DISTRICT’S FIELD ADVISOR, not by CONTRACTOR.

(e)     Permission to patch any areas or items of work shall not constitute a waiver of the
DISTRICT’S or the DISTRICT’S FIELD ADVISOR’S right to require complete removal and
replacement of the areas of items of the work if, in the opinion of the DISTRICT’S FIELD
ADVISOR or the DISTRICT, the patching does not satisfactorily restore quality and appearance
of the work or does not otherwise conform to the Project documents.

(f) When modifying existing work or installing new work adjacent to existing work,
CONTRACTOR shall match, as closely as conditions of site and materials will allow, the
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finishes, textures, and colors of the original work, refinishing existing work as required, at no
additional cost to DISTRICT.

(g)      CONTRACTOR is aware that this Project may be split into several phases. If the Project
is split into phases then CONTRACTOR has made allowances for any delays or damages which
may arise from coordination with contractors for other phases. If any delays should arise from a
contractor working on a different phase, CONTRACTOR'S sole remedy for damages, including
delay damages, shall be against the contractor who caused such damage and not the DISTRICT.
CONTRACTOR shall provide access to contractors for other phases as necessary to prevent
delays and damages to contractors working on other phases of construction.

ARTICLE 41. OBTAINING OF PERMITS, LICENSES AND EASEMENTS

(a)     Permits, licenses, and certificates necessary for prosecution of work, shall be secured and
paid for by CONTRACTOR, unless otherwise specified. All such permits, licenses, and
certificates shall be delivered to the DISTRICT’S FIELD ADVISOR 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 DISTRICT, unless otherwise specified.

(c)      Permits and charges for installation, and inspection thereof, of utility services by serving
utilities shall be secured and paid for by DISTRICT.

ARTICLE 42. SURVEYS

Surveys to determine location of property lines and corners will be supplied by DISTRICT.
Surveys to determine locations of construction, grading, and site work, shall be provided by
CONTRACTOR.

ARTICLE 43. EXISTING UTILITY LINES; REMOVAL, RESTORATION

(a)    Pursuant to Government Code Section 4215, the DISTRICT assumes the responsibility
for removal, relocation, and protection of utilities located on the construction site at the time of
commencement of construction under this Agreement with respect to any such utility facilities
which are not identified in the plans and specifications. The CONTRACTOR shall not be
assessed for liquidated damages for delay in completion of the Project caused by failure of the
DISTRICT to provide for removal or relocation of such utility facilities. If the CONTRACTOR,
while performing work under this Agreement, discovers utility facilities not identified by the
DISTRICT in the plans or specifications, CONTRACTOR shall immediately notify the
DISTRICT and the utility in writing. CONTRACTOR shall be compensated according to the
provisions governing changes in the 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
DISTRICT to indicate the presence of existing service laterals or appurtenances whenever the
presence of such utilities on the construction site can be inferred from the presence of other
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visible facilities, such as buildings, meter junction boxes, on or adjacent to the site of the
construction.

(c)    As part of the work to be performed, CONTRACTOR shall provide the notices and
       proceed in accordance with Government Code Sections 4216.2, 4216.3 and 4216.4, and
       pay all fees charged pursuant to Government Code Section 4216, et seq.

ARTICLE 44. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

Each and every provision of law and clause required by law to be inserted in this Agreement
shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it
were included herein, and if through mistake or otherwise any such provision is not inserted, or
is not correctly inserted, then upon application of either party, the Agreement shall forthwith be
physically amended to make such insertion or correction.

ARTICLE 45. WORK TO COMPLY WITH APPLICABLE LAWS AND
REGULATIONS

(a)     CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and
regulations applicable to the work as indicated and specified.

(b)      If CONTRACTOR observes that plans, drawings or specifications are at variance
therewith, CONTRACTOR shall promptly notify DISTRICT’S FIELD ADVISOR in writing
and any changes deemed necessary by the DISTRICT’S FIELD ADVISOR shall be adjusted as
provided for changes in work. If CONTRACTOR performs any work which it knew, or through
exercise of reasonable care should have known, to be contrary to such laws, ordinances, rules or
regulations, and without such notice to DISTRICT’S FIELD ADVISOR, CONTRACTOR shall
bear all costs arising therefrom. Where plans, drawings or specifications state that materials,
processes, or procedures must be approved by the Division of State DISTRICT’S FIELD
ADVISOR, State Fire Marshall, or other body or agency, CONTRACTOR shall be responsible
for satisfying requirements of such bodies or agencies.

(c)    CONTRACTOR shall be responsible for familiarity with the Americans with Disabilities
Act (“ADA”) (42 USC § 12101 et seq.). Installations of equipment and other devices shall be in
compliance with ADA regulations.

ARTICLE 46. ACCESS TO WORK

DISTRICT and its representatives shall at all times have access to work wherever it is in
preparation or progress. CONTRACTOR shall provide safe and proper facilities for such access
so that DISTRICT'S representatives may perform their functions.

ARTICLE 47. PAYMENTS BY CONTRACTOR

CONTRACTOR shall pay:

       (1)     For all transportation and utility services not later than the 20th day of the
                       calendar month following that in which such services are rendered;
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       (2)     For all materials, tools, and other expendable equipment to the extent of ninety
                       percent (90%) of cost thereof, not later than the 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
                       30th day following completion of that part of work in or on which such
                       materials, tools, and equipment are incorporated or used; and

       (3)     To each of its subcontractors, not later than the 5th 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. INSPECTOR'S FIELD OFFICE

CONTRACTOR shall provide for the exclusive use of Inspector a temporary field office as
described in the Specifications, to be located as directed by Inspector and to be maintained until
removal is authorized by DISTRICT. Office shall be of substantial waterproof construction with
adequate natural light and ventilation by means of stock design windows. Door shall have a
key-type lock or padlock hasp. A table satisfactory for study of plans and two chairs shall be
provided by CONTRACTOR. CONTRACTOR shall provide and pay for adequate electric
lights, telephone service (not a pay phone), and adequate heat for the field office until authorized
removal.

ARTICLE 49. 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, from distribution
points to points on site where utility is necessary to carry on the work. Upon completion of work,
CONTRACTOR shall remove all temporary distribution systems.

(b)    If Contract is for addition to existing facility, CONTRACTOR may, with written
permission of DISTRICT, use DISTRICT'S existing utilities by making prearranged payments to
DISTRICT for utilities used by CONTRACTOR for construction.

ARTICLE 50. SANITARY FACILITIES

The CONTRACTOR shall provide sanitary temporary toilet 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 toilet 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.

ARTICLE 51. CLEANING UP

CONTRACTOR at all times shall keep work site free from debris such as waste, rubbish, and
excess materials and equipment caused by this work. CONTRACTOR shall not leave debris
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under, in, or about the work site, but shall promptly remove same. Upon completion of work,
CONTRACTOR shall clean interior and exterior of building, including fixtures, equipment,
walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas
where debris has collected. CONTRACTOR shall clean and polish all glass, plumbing fixtures,
and finish hardware and similar finish surfaces and equipment and remove temporary fencing,
barricades, planking, sanitary facilities and similar temporary facilities from site. If
CONTRACTOR fails to clean up, the DISTRICT shall do so and the cost thereof shall be
charged to the CONTRACTOR.

ARTICLE 52. PATENTS, ROYALTIES, AND INDEMNITIES

The CONTRACTOR shall hold and save the DISTRICT and its governing board, officers,
agents, and employees harmless from liability of any nature or kind, including cost and expense,
for or on account of any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of this Agreement, including its use by the DISTRICT,
unless otherwise specifically provided in the Project documents, and unless such liability arises
from the sole negligence, or active negligence, or willful misconduct of the DISTRICT.

ARTICLE 53. INDEMNIFICATION

(a)      DISTRICT shall not be liable for, and CONTRACTOR shall defend and indemnify
DISTRICT, its Trustees, Officers, Employees, Agents, and DISTRICT’S FIELD ADVISOR,
from and against any and all suits, actions, legal or administrative proceedings, claims, demands,
liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses,
damages, charges or costs of any kind or character, including attorneys’ fees and court costs, and
expenses of whatsoever kind or nature whether arising before final acceptance or not, which
arise out of or are in any way connected to the work covered by this Agreement arising either
directly or indirectly from any act, error, omission or negligence of CONTRACTOR or its
contractors, licensees, agents, servants or employees, including, without limitation, claims
caused by the concurrent act, error, omission or negligence of DISTRICT or its agents or
employees. However, CONTRACTOR shall have no obligation to defend or indemnify
DISTRICT from a claim if it is determined by a court of competent jurisdiction that such claim
was caused by the sole active negligence, or willful misconduct of DISTRICT or its agents or
employees.

(b)      DISTRICT shall not be liable for, and subcontractors shall defend and indemnify
DISTRICT, its Trustees, Officers, Employees, Agents, and DISTRICT’S FIELD ADVISOR,
from and against any and all suits, actions, legal or administrative proceedings, claims, demands,
liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses,
damages, charges or costs of any kind or character, including attorneys’ fees and court costs, and
expenses of whatsoever kind or nature whether arising before final acceptance or not, which
arise out of or are in any way connected to the work covered by this Agreement arising either
directly or indirectly from any act, error, omission or negligence of the subcontractors or their
respective licensees, agents, servants or employees, including, without limitation, claims caused
by the concurrent act, error, omission or negligence of DISTRICT or its agents or employees.
However, subcontractors shall have no obligation to defend or indemnify DISTRICT from a
claim if it is determined by a court of competent jurisdiction that such claim was caused by the
sole active negligence, or willful misconduct of DISTRICT or its agents or employees.
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(c)     In the event more than one subcontractor is connected with an accident or occurrence
covered by this indemnification, then all such subcontractors shall be jointly and severally
responsible to each of the indemnities for indemnification, and the ultimate responsibility among
such indemnifying subcontractors for the loss and expense of any such indemnification shall be
resolved without jeopardy to any indemnities. The provisions of the indemnity provided for
herein shall not be construed to indemnify any indemnities for its own negligence if not
permitted by law or to eliminate or reduce any other indemnification or right which any
indemnities has by law or equity.

(d)     The CONTRACTOR’S and the subcontractor’s obligation to indemnify and defend the
indemnities hereunder shall include, without limitation, any and all claims, damages, and costs:
for injury to persons and property and death of any person; for breach of any warranty, express
or implied; for failure of CONTRACTOR or the subcontractor to comply with any applicable
governmental law, rule, regulation, or other requirement; and for products installed in or used in
connection with the work.

ARTICLE 54. GUARANTEE

(a)     CONTRACTOR warrants that the work (which includes any equipment furnished by
CONTRACTOR as part of the materials) shall: (a) Be free from defects in workmanship and
material; (b) Be free from defects in any design performed by CONTRACTOR; (c) Be new, and
conform and perform to the requirements stated in the specifications and where detail
requirements are not so stated, shall conform to applicable industry standards; and (d) Be
suitable for the use stated in the specifications.

(b)     The warranty period for discovery of defective work shall commence on the date stamped
on the Notice of Completion verifying County recordation and continue for the period set forth
in the specifications or for one year if not so specified. If, during the warranty period, the work is
not available for use due to defective work, such time of unavailability shall not be counted as
part of the warranty period. The warranty period for corrected defective work shall continue for a
duration equivalent to the original warranty period.

(c)     District shall give CONTRACTOR prompt written notice after discovery of any defective
work. CONTRACTOR shall correct any such defective work, as well as any damage to any other
part of the work resulting from such defective work, and provide repair, replacement, or
reimbursement, at its sole expense, in a manner approved by the DISTRICT and with due
diligence and dispatch as required to make the work ready for use by DISTRICT, ordinary wear
and tear, unusual abuse or neglect excepted. Such corrections shall include, but not be limited to,
any necessary adjustments, modifications, changes of design (unless of DISTRICT's design),
removal, repair, replacement or reinstallation, and shall include all necessary parts, materials,
tools, equipment, transportation charges and labor as may be necessary, and cost of removal and
replacement of work shall be performed at a time and in such a manner so as to minimize the
disruption to DISTRICT's use of the work.

(d)     In the event of failure of CONTRACTOR or Surety to commence and pursue with
diligence said repairs or replacements within ten (10) calendar days after being notified in
writing, DISTRICT is hereby authorized to proceed to have defects repaired or replaced and
                                                                                            73 of 146


made good at expense of CONTRACTOR and Surety who hereby agree to pay costs and charges
therefore immediately on demand.

(e)     If, in the opinion of the DISTRICT, defective work creates a dangerous condition or
requires immediate correction or attention to prevent further loss to the DISTRICT or to prevent
interruption of operations of the DISTRICT, the DISTRICT will attempt to give the written
notice required by this Article. If CONTRACTOR or Surety cannot be contacted or neither
complies with the DISTRICT'S requirements for correction within a reasonable time as
determined by the DISTRICT, the DISTRICT 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. Such action by the
DISTRICT will not relieve CONTRACTOR and Surety of the guarantees provided in this
Article or elsewhere in the Project documents.

(f)     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 DISTRICT all appropriate guarantee or warranty
certificates upon completion of the Project or upon request by DISTRICT.

(g)    All guarantees required under this Article shall be in writing on the Guarantee form
included in the Project documents.

(h)     CONTRACTOR shall provide to DISTRICT instruction manuals for all items which
require same.

(i)    Nothing herein shall limit any other rights or remedies available to DISTRICT.

(j)    The DISTRICT may collect its reasonable costs and attorneys' fees in any action to
enforce this Article.

ARTICLE 55. DUTY TO PROVIDE FIT WORKERS

(a)     CONTRACTOR and subcontractors shall at all times enforce strict discipline and good
order among their employees and shall not employ on 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 DISTRICT or
DISTRICT’S FIELD ADVISOR may deem incompetent, unfit, troublesome or otherwise
undesirable shall be excluded from the work site and shall not again be employed on it except
with written consent of DISTRICT.

ARTICLE 56. 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 board of DISTRICT 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
                                                                                           74 of 146


of worker needed for this Project from the Director of the Department of Industrial Relations
("Director.") These rates are on file with the Clerk of the DISTRICT'S governing board and
copies will be made available to any interested party on request. CONTRACTOR shall post a
copy of such wage rates at the work 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 defined in the Collective Bargaining Agreement applicable to each particular
craft, classification or type of worker employed.

(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 the
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.

(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 this public work is to be performed, such change shall not alter the wage rates
in the Notice Calling for Bids or the contract subsequently awarded.

(f)     Pursuant to Labor Code Section 1775, CONTRACTOR shall as a penalty to the
DISTRICT, forfeit fifty dollars ($50) for each calendar day, or portion thereof, for each worker
paid less than the prevailing rate of per diem wages, determined by the Director, for such craft or
classification in which such worker is employed for any public work done under the Agreement
by CONTRACTOR or by any subcontractor under it. The amount of the penalty shall be
determined by the Labor Commission and shall be based on consideration of the
CONTRACTOR'S mistake, inadvertence or neglect in failing to pay the correct prevailing rate of
per diem wage, or the previous record of the CONTRACTOR in meeting his or her prevailing
rate of per diem wage obligations, or CONTRACTOR'S willful failure to pay the correct
prevailing rate of per diem wages. A mistake, inadvertence or neglect in failing to pay the correct
prevailing rate of per diem wage is not excusable if CONTRACTOR had knowledge of his or her
obligations under this part. The difference between such prevailing rate of per diem wage and the
amount paid to each worker for each calendar day or portion thereof for which each worker was
paid less than the prevailing rate of per diem wage 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
craft or classification listed in the general prevailing rate of per diem wages determined by the
Director shall be paid not less than the minimum rate of wages specified therein for the craft or
classification which most nearly corresponds to work to be performed by them, and such
minimum wage rate shall be retroactive to time of initial employment of such person in such
craft or classification.
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(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.

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

ARTICLE 57. 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 Agreement upon the work or upon any part of the work contemplated by
this Agreement shall be limited and restricted by the Agreement 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 eight (8) hours per day 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 Agreement. The record shall be kept open at all reasonable hours to the
inspection of the DISTRICT and to the Division of Labor Standards Enforcement, Department of
Industrial Relations.

(c)    Pursuant to Labor Code Section 1813, CONTRACTOR shall pay to the DISTRICT a
penalty of Twenty-Five Dollars ($25) for each worker employed in the execution of this
Agreement 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 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 and/or at night and/or
on Sundays and/or other holidays and/or any time when work is conducted other than the normal
forty (40) hour week and/or to vary the period during which work is carried on each day, shall be
performed without additional expense to DISTRICT. CONTRACTOR shall give DISTRICT a
minimum of forty eight (48) hours notice so that inspection may be provided. Any additional
inspection costs incurred shall be paid by the DISTRICT and back charged to the
CONTRACTOR.

ARTICLE 58. PAYROLL RECORDS

(a)     Pursuant to the provisions of Labor Code Section 1776, CONTRACTOR shall keep and
shall cause each subcontractor performing any portion of the work under this Agreement to keep
an accurate payroll record, showing the name, address, social security number, work
                                                                                         76 of 146


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 records enumerated under subdivision (a) shall be certified and shall be
available for inspection at all reasonable hours at the principal office of the 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 or 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 DISTRICT, the Division of Labor Standards Enforcement, and the
                      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 for inspection upon request by the public or copies thereof
                      made; provided, however, that a request by the public shall be made
                      through either the DISTRICT, the 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), 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 the actual
                     disbursements by way of cash, check, or whatever form to the individual
                     or individuals named.

                      Dated: ______________

              Signature:     _________________________________________
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(c)     CONTRACTOR shall file a certified copy of the payroll records enumerated in
subdivision (a) with the entity that requested the records within ten (10) days after receipt of a
written request. In the event that CONTRACTOR fails to comply within the 10-day period, the
CONTRACTOR shall, as a penalty to the DISTRICT, forfeit Twenty-Five Dollars ($25) for each
calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the
request of the Division of Apprenticeship Standards or the Division of Labor Standards
Enforcement, these penalties shall be withheld from progress payments then due.

(d)    Any copy of payroll records made available for inspection as copies and furnished upon
request to the public by the DISTRICT, the Division of Apprenticeship Standards, or the
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 shall not be marked or obliterated.

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

(f)     It shall be the responsibility of CONTRACTOR to ensure compliance with the provisions
of this Article and the provisions of Labor Code Section 1776.

ARTICLE 59. APPRENTICES

(a)     CONTRACTOR acknowledges and agrees that, if this Agreement involves a dollar
amount greater than or a number of working days greater than that specified in Labor Code
Section 1777.5, this Agreement is governed by the provisions of Labor Code Section 1777.5. It
shall be the responsibility of the CONTRACTOR to ensure compliance with this Article and
with Labor Code Section 1777.5 for all apprenticing 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.

(c)     Every such apprentice shall be paid the standard wage paid to apprentices under the
regulations of the craft or trade at which he or she is employed, and shall be employed only at the
work of the craft or trade to which he or she is registered.

(d)     Only apprentices, as defined in 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 on public works. The employment and
training of each apprenticeship shall be in accordance with the provisions of the apprenticeship
standards and apprentice agreements under which he or she is training.

(e)    Pursuant to Labor Code Section 1777.5, CONTRACTOR and any subcontractors
employing workers in any apprenticeship craft or trade in performing any work under this
Agreement shall apply to the applicable joint apprenticeship committee for a certificate
approving CONTRACTOR or subcontractor under the applicable apprenticeship standards for
the employment and training of apprentices.
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(f)     Every contractor and subcontractor shall submit contract award information to the
applicable joint apprenticeship committee which shall include an estimate of journeyman hours
to be performed under the Agreement, the number of apprentices to be employed and the
approximate dates the apprentices will be employed.

(g)    If CONTRACTOR or 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 DISTRICT fifty dollars ($50) 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 Agreement. 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.

ARTICLE 60. LABOR - FIRST AID

CONTRACTOR shall maintain emergency first aid treatment for CONTRACTOR'S workers on
the Project which complies with the Federal Occupational Safety and Health Act of 1970 (29
U.S.C.A., Sec. 651 et seq.).

ARTICLE 61. 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 Agreement and shall
take all necessary measures and be responsible for the proper care and protection of all materials
delivered and work performed until completion and final acceptance by the DISTRICT.
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. All
work shall be solely at CONTRACTOR'S risk with the exception of damage to the work caused
by "acts of God" as defined in Public Contract Code Section 7105.

(b)     CONTRACTOR shall take, and require subcontractors to take, all necessary precautions
for safety of workers 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
                                                                                             79 of 146


persons on, about, or adjacent to the work site and to provide a safe and healthful place of
employment. CONTRACTOR shall furnish, erect and properly maintain at all times, as directed
by DISTRICT or DISTRICT’S FIELD ADVISOR or required by conditions and progress of
work, all necessary safety devices, safeguards, construction canopies, signs audible devices for
protection of the blind, safety rails, belts and 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 employee,
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 in writing to DISTRICT by
CONTRACTOR. CONTRACTOR shall correct any violations of safety laws, standards, orders,
rules, or regulations. Upon the issuance of a citation or notice of violation by the Division of
Occupational Safety and Health, such violation shall be corrected immediately by
CONTRACTOR at CONTRACTOR's expense.

(c)     In an emergency affecting safety of person or of work or of adjoining property,
CONTRACTOR, without special instruction or authorization from DISTRICT’S FIELD
ADVISOR or DISTRICT, is hereby permitted to act, at its discretion, to prevent such threatened
loss or injury; and CONTRACTOR shall so act if so authorized or instructed by DISTRICT’S
FIELD ADVISOR or DISTRICT. Any compensation claimed by CONTRACTOR on account of
emergency work shall be determined by written agreement with the DISTRICT.

(d)     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.

(e)    CONTRACTOR shall (unless waived by the DISTRICT 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 perform
                     work which does not interfere with school routine before or after school
                     hours; enclose working area with a 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 DISTRICT’S FIELD
                      ADVISOR.

       (4)     When directed by DISTRICT, take preventive measures to eliminate
                     objectionable dust.
                                                                                          80 of 146


       (5)     Enforce all instructions of DISTRICT and DISTRICT’S FIELD ADVISOR
                      regarding signs, advertising, fires, and smoking and require that all
                      workers comply with all regulations while on construction 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 DISTRICT.

ARTICLE 62. NON-DISCRIMINATION

In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not
engage in nor permit such subcontractor as it may employ to engage in unlawful discrimination
in employment of persons because of the race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex of such persons.

ARTICLE 63. COSTS BREAKDOWN AND PERIODIC ESTIMATES

(a)    CONTRACTOR shall furnish on form approved by DISTRICT:

       (1)     Within ten (10) calendar days of award of contract, a detailed estimate giving
                      complete breakdown of contract price for each project or site which shall
                      include all subcontractor/supplier agreements showing dollar amounts of
                      these agreements to justify the schedule of values; and

       (2)     Within five (5) calendar days prior to the date of submission of a pay request, an
                      itemized breakdown of work done for the purpose of requesting partial
                      payments.

       (3)     Within ten (10) calendar days of request of DISTRICT, a schedule of estimated
                      monthly payments which shall be due CONTRACTOR under the
                      Agreement.

(b)    Values employed in making up any of these schedules are subject to the DISTRICT’S
FIELD ADVISOR'S written approval and will be used only for determining basis of partial
payments and will not be considered as fixing a basis for additions to or deductions from contract
price.

ARTICLE 64. DISPUTES – DISTRICT’S FIELD ADVISOR'S DECISIONS

(a)     All claims made by the DISTRICT or CONTRACTOR shall be referred initially to the
DISTRICT’S FIELD ADVISOR for action. A decision by the DISTRICT’S FIELD ADVISOR
shall be required as a condition precedent to mediation of a claim between CONTRACTOR and
the DISTRICT as to all such matters arising prior to the date final payment is due, regardless of
whether such matters relate to execution and progress of the work, or the extent to which the
work has been completed. The decision by the DISTRICT’S FIELD ADVISOR in response to a
claim shall not be a condition precedent to mediation in the event: the position of DISTRICT’S
FIELD ADVISOR is vacant; the DISTRICT’S FIELD ADVISOR has not received evidence or
                                                                                            81 of 146


has failed to render a decision within agreed time limit; the DISTRICT’S FIELD ADVISOR has
failed to take action required within thirty (30) days after the claim is made, forty-five (45) days
have passed after the claim has been referred to the DISTRICT’S FIELD ADVISOR; or the
claim relates to Stop Notice Claim.

(b)     Claims by either party must be made within ten (10) days after occurrence of the event
giving rise to the claim or within ten (10) days after the claimant first recognizes the condition
giving rise to the claim, whichever is later. Claims must be made by written notice. An
additional claim made after the initial claim has been implemented by Change Order will not be
considered. The failure of CONTRACTOR to provide the required Notice shall constitute an
express waiver of any right to assert such claim, whether affirmatively or defensively.

(c)     Upon receipt of a claim, the DISTRICT’S FIELD ADVISOR shall have ten (10) days to
make one of the following responses: (1) request additional supporting data from the claimant,
(2) submit a schedule to the parties indicating when the DISTRICT’S FIELD ADVISOR expects
to take action, (3) reject the claim in whole or in part, stating reasons for rejection, (4)
recommend approval of the claim by the other party, or (5) suggest a compromise.

(d)    If a claim has been resolved, the DISTRICT’S FIELD ADVISOR will prepare or obtain
appropriate documentation.

(e)     If a claim has not been resolved after consideration of the foregoing and of other
evidence presented by the parties or requested by the DISTRICT’S FIELD ADVISOR, the
DISTRICT’S FIELD ADVISOR will notify the parties in writing that the DISTRICT’S FIELD
ADVISOR'S decision will be made within seven (7) days. Upon expiration of such time period,
the DISTRICT’S FIELD ADVISOR will render to the parties its written decision relative to the
claim, including any change in the contract sum or contract time or both. The DISTRICT’S
FIELD ADVISOR may, but is not obligated to, notify the surety and request the surety's
assistance in resolving the controversy.

ARTICLE 65. RESOLUTION OF CLAIMS OF $375,000 OR LESS

(a)     Notwithstanding any other provision in this Agreement, claims of $375,000 or less shall
be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contracts
Code Sections 20104, et seq.

(b)    "Claim" for this purpose means a separate demand by CONTRACTOR for a time
extension, payment of money or damages arising from work done by or on behalf of
CONTRACTOR pursuant to the Agreement, for which payment is expressly provided, or
CONTRACTOR is otherwise entitled to, or an amount the payment of which is disputed by the
DISTRICT. Tort claims are excluded from this Article.

(c)      If CONTRACTOR’S claim(s) remains unresolved following action by the DISTRICT’S
FIELD ADVISOR described in Article 64, CONTRACTOR shall submit its claim of $375,000
or less to the DISTRICT in writing within the time frames established in paragraph (d) of this
Article, but no later than before the date of final payment is made. The DISTRICT shall respond
in writing within forty-five (45) days of receipt of the claim if the claim is less than $50,000
(“$50,000 claim”) or within (60) days of receipt of the claim, if the claim is over $50,000 but
                                                                                              82 of 146


less than or equal to $375,000 (“$50,000 - $375,000 claim”). In either case, DISTRICT may
request in writing within thirty (30) days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses of the claim the DISTRICT may have against
CONTRACTOR. Any additional information shall be requested and provided upon mutual
agreement of the DISTRICT and CONTRACTOR. The DISTRICT’S written response to the
claim shall be submitted to CONTRACTOR within fifteen (15) days after receipt of the further
documentation for $50,000 claims or within thirty (30) days after receipt of the further
documentation for $50,000 - $375,000 claims or within a period of time no greater than that
taken by CONTRACTOR in producing the additional information, whichever is greater.

(d)      Within fifteen (15) days of receipt of the DISTRICT’S response, if CONTRACTOR
disputes the DISTRICT’S written response or within fifteen (15) days of the DISTRICT’S
failure to respond within the time prescribed, CONTRACTOR shall provide written notification
to DISTRICT demanding an informal conference to meet and confer to be scheduled by the
DISTRICT within thirty (30) days. If the dispute is not resolved at the meet and confer
conference, then the claim shall be submitted to mediation . If the dispute is not resolved at the
mediation, CONTRACTOR may initiate a civil action as set forth in Public Contract Code
Sections 20104 et seq.

(e)     Nothing in Subdivision (a) of Public Contract Code Section 20104.2 shall extend the time
limit or supersede the notice requirements provided in this Agreement for filing claims by
CONTRACTOR.

ARTICLE 66. RESOLUTION OF CLAIMS IN EXCESS OF $375,000

(a)    Tort claims are excluded from this Article.

(b)      As a condition precedent to the initiation of litigation and subsequent to the fulfillment of
the claims procedures established in Article 64, disputes in excess of a total value of $375,000
shall first be submitted to mediation pursuant to the procedures set forth in Article 67.

(c)     Following action by the DISTRICT’S FIELD ADVISOR under Article 64, the parties
will attempt in good faith by negotiations between senior executives of the parties who have
authority to settle the controversy. The party disputing the DISTRICT’S FIELD ADVISOR'S
action shall give the other party written notice of the dispute. Within ten (10) days after delivery
of said notice, executives of both parties shall meet at a mutually acceptable time and place, and
thereafter as often as they reasonably deem necessary, to exchange relevant information and to
attempt to resolve the dispute. If the matter has not been resolved within twenty (20) days of the
disputing party's notice, or if the party receiving such notice will not meet within ten (10) days,
either party may initiate mediation of the controversy or claim under Article 67.

ARTICLE 67. MEDIATION PROCEDURES

(a)    Negotiations to resolve disputes before Mediation is initiated are for settlement purposes
only and are not binding.

(b)   In the event of a dispute or issue that cannot be resolved by negotiation, the DISTRICT
and CONTRACTOR agree to attempt to resolve the matter by mediation. The mediation is
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voluntary, non-binding, and intended to provide an opportunity for the parties to evaluate each
other's case and arrive at a mutually agreeable solution. These provisions relating to voluntary
mediation shall not be construed or interpreted as mandatory arbitration.

(c)    Either party may initiate mediation by notifying the other party or parties in writing.

(d)     A Request for Mediation shall contain a brief statement of the nature of the dispute or
claim, and the names, addresses, and phone numbers of all parties to the dispute or claim, and
those, if any, who will represent them in the mediation.

(e)     Within fourteen (14) days after execution of the Agreement, the parties will meet-and-
confer to select an appropriate mediator agreeable to all parties and two (2) alternate mediators,
who will serve for the entire Project. If the parties cannot agree on a mediator, they hereby agree
to accept a mediator appointed by a recognized association such as the American Arbitration
Association (AAA).

(f)     Any mediator selected shall have expertise in the area of the dispute and be
knowledgeable in the mediation process. No person shall serve as a mediator in any dispute in
which that person has any financial or personal interest in the result of the mediation. Before
accepting an appointment, the prospective mediator shall disclose any circumstances likely to
create a presumption of bias or prevent a prompt meeting with the parties. Upon receipt of such
information, the parties shall meet and confer and decide whether to select another mediator.

(g)     If any mediator shall become unable or unwilling to serve, the first alternate mediator
shall be selected unless the parties agree otherwise.

(h)     Any party may be represented by persons of its choice, who shall have full authority to
negotiate. The names and addresses of such persons shall be communicated in writing to all
parties and to the mediator.

(i)      The mediator shall set the time of each mediation session. The mediation shall be held at
any convenient location agreeable to the mediator and the parties, as the mediator shall
determine. All reasonable efforts will be made by the parties and the mediator to schedule the
first session within thirty (30) days after initiation of mediation.

(j)    At least ten (10) days before the first scheduled mediation session, each party shall
provide the mediator a brief memorandum setting forth its position with regard to the issues that
need to be resolved. At the discretion of the mediator such memoranda may be mutually
exchanged by the parties.

        At the first session, the parties will be expected to produce all information reasonably
required for the mediator to understand the issue presented. The mediator may require each
party to supplement such information.

(k)    The mediator does not have authority to impose a settlement on the parties but will
attempt to assist the parties in reaching a satisfactory resolution of their dispute. The mediator is
authorized to conduct joint and separate meetings with the parties and to make oral and written
recommendations for settlement. Whenever necessary, the mediator may also obtain expert
                                                                                              84 of 146


advice concerning technical aspects of the dispute, provided the parties agree and assume the
expenses of obtaining such advice. Arrangements for obtaining such advice shall be made by the
mediator of the parties, as the mediator shall determine.

         The mediator is authorized to end the mediation whenever, in the mediator's judgment,
further efforts at mediation would not contribute to a resolution of the dispute between the
parties.

(l)    Mediation sessions are private. The parties and their representatives may attend
mediation sessions. Other persons may attend only with the permission of the parties and with
the consent of the mediator.

(m)     Confidential information disclosed to a mediator by the parties or by witnesses in the
course of the mediation shall not be divulged by the mediator. All records, reports, or other
documents received by a mediator while serving as mediator shall be confidential. The mediator
shall not be compelled to divulge such records or to testify in regard to the mediation in any
adversary proceeding or judicial forum. The parties shall maintain the confidentiality of the
mediation and shall not rely on, or introduce as evidence in any arbitration, judicial, or other
proceedings: views expressed or suggestions made by the other party with respect to the possible
settlement of the dispute; statements made by the other party in the course of the mediation
proceedings; proposals made or views expressed by the mediator; and whether the other party
had or had not indicated willingness to accept a proposal for settlement made by the mediator.

(n)    There shall be no stenographic record of the mediation.

(o)     The mediation shall be terminated: by the execution of a settlement agreement by the
parties; by a written declaration of the mediator to the effect that further efforts at mediation are
no longer worthwhile; or by a written declaration of a party or parties to the effect that the
mediation proceedings are terminated.

(p)   No mediator shall be a necessary party in judicial proceedings related to the mediation.
No mediator shall be liable to any party for any act or omission in connection with any mediation
conducted hereunder.

(q)    The mediator shall interpret and apply these mediation provisions insofar as they relate to
the mediator's duties and responsibilities.

(r)     The expenses of witnesses for each party shall be paid by the party producing the
witnesses. All other expenses of the mediation, including, required travel and other expenses of
the mediator, the expenses of any witness called by the mediator, and the cost of any proofs of
expert advice produced at the direct request of the mediator, shall be borne equally by all parties
to the mediation.

ARTICLE 68. PAYMENTS

(a)    Unless otherwise specified in writing, each month within thirty (30) days after receipt by
the DISTRICT of the monthly progress schedule and the certification of application for payment
by the DISTRICT’S FIELD ADVISOR, there shall be paid to CONTRACTOR a sum equal to
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ninety percent (90%) of value of work performed and of materials delivered subject to or under
the control of the DISTRICT 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
which shall be prepared by CONTRACTOR on a form approved by DISTRICT 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 Agreement, and DISTRICT shall have the right subsequently to
correct any error made in any estimate for payment. CONTRACTOR SHALL NOT BE
ENTITLED TO HAVE ANY PAYMENT ESTIMATES PROCESSED OR BE ENTITLED TO
HAVE ANY PAYMENT FOR WORK PERFORMED SO LONG AS ANY LAWFUL OR
PROPER DIRECTION CONCERNING WORK, OR ANY PORTION THEREOF, GIVEN BY
THE DISTRICT OR DISTRICT’S FIELD ADVISOR SHALL REMAIN UNCOMPLIED
WITH BY CONTRACTOR.

(b)     DISTRICT has discretion to require from CONTRACTOR any of the following
information with the application for payment: (i) certified payroll covering the period of the prior
application for payment; (ii) unconditional waivers and releases from all subcontractors/suppliers
for which payment was requested under the prior application for payment; (iii) receipts or bills of
sale for any items.

(c)     Before payment is made hereunder, a certificate in writing shall be obtained from the
DISTRICT’S FIELD ADVISOR stating that the work for which the payment is demanded has
been performed in accordance with the terms of the Project documents and that the amount
stated in the certificate is due under the terms of the Project documents, which certificate shall be
attached to and made a part of the claim made and filed with the DISTRICT, provided that if the
DISTRICT’S FIELD ADVISOR shall, within three (3) days after written demand therefore, fail
to deliver such certificate to the DISTRICT, CONTRACTOR may file its claim with the
DISTRICT without said certificate, but together with such claim shall be filed a statement that
demand was made for such certificate and that the same was refused. Thereupon, the DISTRICT
will either allow said claim as presented or shall, by an order entered on the minutes of said
DISTRICT state the reasons for refusing to allow said claim. It is understood, moreover, that the
certificate of the DISTRICT’S FIELD ADVISOR shall not be conclusive upon the DISTRICT,
but advisory only.

(d)  NO PAYMENT BY DISTRICT HEREUNDER SHALL BE INTERPRETED SO AS TO
IMPLY THAT DISTRICT HAS INSPECTED, APPROVED, OR ACCEPTED ANY PART OF
THE WORK.

(e)     The final payment of ten percent (10%) of the value of the work done under this
Agreement, if unencumbered, shall be made within sixty (60) days after completion of the work,
provided however, that in the event of a dispute between the DISTRICT and CONTRACTOR,
the DISTRICT may withhold from the final payment an amount not to exceed one hundred and
fifty percent (150%) of the disputed amount. Completion means any of the following as
provided by Public Contract Code Section 7107:
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        1.    The occupation, beneficial use, and enjoyment of a work of improvement,
excluding any operation only for testing, startup, or commissioning, by the public agency, or its
agent, accompanied by cessation of labor on the work of improvement.

       2.      The acceptance by the public agency, or its agent, or the work of improvement.

       3.     After the commencement of a work of improvement, a cessation of labor on the
work of improvement for a continuous period of one hundred (100) days or more, due to factors
beyond the control of CONTRACTOR.

         4.     After the commencement of a work of improvement, a cessation of labor on the
work of improvement for a continuous period of thirty (30) days or more, if the public agency
files for record a notice of cessation or a notice of completion.

(f)  FOR PURPOSES OF THIS AGREEMENT, THE ACCEPTANCE BY THE DISTRICT
MEANS ACCEPTANCE MADE ONLY BY AN ACTION OF THE GOVERNING BOARD
OF THE DISTRICT IN SESSION.

(g)     Unless otherwise provided, on or before making request for final payment of the
undisputed amount due under the Agreement, CONTRACTOR shall submit to DISTRICT, in
writing a summary of all claims for compensation under or arising out of this Agreement which
were timely filed. The acceptance by CONTRACTOR of the payment of the final amount shall
constitute a waiver of all claims against DISTRICT under or arising out of this Agreement,
except those previously made, in a timely manner and in writing, and identified by
CONTRACTOR as unsettled at the time of CONTRACTOR'S final request for payment.

(h)     At any time after fifty percent (50%) of the work has been completed, if the DISTRICT,
by action of its Governing Board, finds that satisfactory progress is being made, DISTRICT may
make any of the remaining payments in full for actual work completed or may withhold any
amount up to ten percent (10%) thereof as DISTRICT may find appropriate based on
CONTRACTOR’S progress.

ARTICLE 69. CHANGES AND EXTRA WORK

(a)     DISTRICT may, as provided by law and without affecting the validity of this Agreement,
order changes, modifications, deletions and extra work by issuance of written change orders
from time to time during the progress of the Project, contract sum being adjusted accordingly.
All such work shall be executed under conditions of the original Agreement except that any
extension of time caused thereby shall be adjusted at time of ordering such change. DISTRICT
has discretion to order changes on a "time and material" basis with adjustments to time made
after CONTRACTOR has justified through documentation the impact on the critical path of the
Project.

(b)     Notwithstanding any other provision in the Project documents, the adjustment in the
contract sum, if any, and the adjustment in the contract time, if any, set out in a change order
shall constitute the entire compensation and/or adjustment in the contract time due
CONTRACTOR arising out of the change in the work covered by the change order unless
otherwise provided in the change order. The amount of the compensation due CONTRACTOR
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shall be calculated pursuant to subparagraph (e) of this Article. The entire compensation shall not
include any additional charges not set forth in subparagraph (e) and shall not include delay
damages (due to processing of a change order, refusal to sign a change order) indirect,
consequential, and incidental costs including any project management costs, extended home
office and field office overhead, administrative costs and profit other than those amounts
authorized under subparagraph (e) of this Article.

(c)     In giving instructions, DISTRICT’S FIELD ADVISOR shall have authority to make
minor changes in work, not involving change in cost, an extension of the contract time, or a
change which is inconsistent with purposes of the Project. The DISTRICT'S Assistant
Superintendent of Business Services may authorize changes in work involving a change in cost
that does not exceed Fifteen Thousand Dollars $15,000. Otherwise, except in an emergency
endangering life or property, no extra work or change shall be made unless in pursuance of a
written order from DISTRICT, authorized by action of the Governing Board, and no claim for
addition to contract sum shall be valid unless so ordered.

(d)     If the DISTRICT’S FIELD ADVISOR determines that work required to be done
constitutes extra work outside the scope of the Agreement, the DISTRICT’S FIELD ADVISOR
shall send a request for a detailed proposal to the CONTRACTOR. CONTRACTOR will
respond with a detailed proposal within five (5) calendar days of receipt of the Request for
Proposal. If the work is to be performed by a subcontractor, CONTRACTOR must include a bid
from the subcontractor.

(e)    Value of any such extra work, change, or deduction shall be determined at the discretion
of DISTRICT in one or more of the following ways:

       (1)     By unit prices contained in CONTRACTOR'S original bid and incorporated in the
                      Project documents or fixed by subsequent agreement between DISTRICT
                      and CONTRACTOR.

       (2)    Mutual acceptance of a lump sum properly itemized and supported by sufficient
       substantiating data to permit evaluation;

       (3)     Cost to be determined in a manner agreed upon by the parties and mutually
                       acceptable fixed or percentage fee; or

       (4)     By cost of material and labor and percentage for overhead and profit ("time and
                      material"). If the value is determined by this method the following
                      requirements shall apply:

               (A)    Daily Reports by Contractor.

                      (i)     General. At the close of each working day, CONTRACTOR shall
                                    submit a daily report to the DISTRICT’S FIELD
                                    ADVISOR and the Inspector, on forms approved by the
                                    DISTRICT, together with applicable delivery tickets,
                                    listing all labor, materials, and equipment involved for that
                                    day, and for other services and expenditures when
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                     authorized concerning extra work items. An attempt shall
                     be made to reconcile the report daily, and it shall be signed
                     by the DISTRICT’S FIELD ADVISOR and
                     CONTRACTOR. In the event of disagreement, pertinent
                     notes shall be entered by each party to explain points which
                     cannot be resolved immediately. Each party shall retain a
                     signed copy of the report. Reports by Subcontractors or
                     others shall be submitted through CONTRACTOR.

      (ii)    Labor. The report shall show names of workers, classifications,
                     and hours worked and hourly rate. Project Superintendent
                     expenses are not allowed.

      (iii)   Materials. The report shall describe and list quantities of materials
                     used and unit cost.

      (iv)    Equipment. The report shall show type of equipment, size,
                    identification number, and hours of operation, including
                    loading and transportation, if applicable, and hourly/daily
                    cost.

      (v)     Other Services and Expenditures. Other services and expenditures
                     shall be described in such detail as the DISTRICT may
                     require.

(B)   Basis for Establishing Costs

      (i)     Labor. The costs of labor will be the actual cost for wages
                     prevailing locally for each craft classification or type of
                     workers at the time the extra work is done, plus employer
                     payments of payroll taxes and insurance, health and
                     welfare, pension, vacation, apprenticeship funds, and other
                     direct costs resulting from federal, state or local laws, as
                     well as assessments or benefits required by lawful
                     collective bargaining agreements. The use of labor
                     classification which would increase the extra work cost will
                     not be permitted unless CONTRACTOR establishes the
                     necessity for such additional costs. Labor costs for
                     equipment operators and helpers shall be reported only
                     when such costs are not included in the invoice for
                     equipment rental.

      (ii)    Materials. The cost of materials reported shall be at invoice or
                     lowest current price at which such materials are locally
                     available and delivered to the work site in the quantifies
                     involved, plus sales tax, freight and delivery. The
                     DISTRICT reserves the right to approve materials and
                     sources of supply, or to supply materials to
                                                                     89 of 146


               CONTRACTOR if necessary for the progress of the work.
               No markup shall be applied to any material provided by the
               DISTRICT.

(iii)   Tool and Equipment Rental. No payment will be made for the use
               of tools which have a replacement value of $100 or less or
               where an invoice is not provided.

        Regardless of ownership, the rates to be used in determining
                equipment rental costs shall not exceed listed rates
                prevailing locally at equipment rental source, or
                distributors, at the time the work is performed. The rental
                rates paid shall include the cost of fuel, oil, lubrication,
                supplies, small tools, necessary attachments, repairs and
                maintenance of any kind, depreciation, storage, insurance,
                and all incidentals. Necessary loading and transportation
                costs for equipment used on the extra work shall be
                included.
        If equipment is used intermittently and, when not in use, could be
                returned to its rental source at less expense to the
                DISTRICT than holding it at the work site, it shall be
                returned, unless CONTRACTOR elects to keep it at the
                work site at no expense to the DISTRICT.

        All equipment shall be acceptable to the DISTRICT’S FIELD
               ADVISOR, in good working condition, and suitable for the
               purpose for which it is to be used. Manufacturer's ratings
               and manufacturer's approved modifications shall be used to
               classify equipment and it shall be powered by a unit of at
               least the minimum rating recommended by the
               manufacturer.

(iv)    Other Items. The DISTRICT may authorize other items which may
                be required on the extra work. Such items include labor,
                services, material and equipment which are different in
                their nature from those required by the work and which are
                of a type not ordinarily available from the CONTRACTOR
                or any of the subcontractors. Invoices covering all such
                items in detail shall be submitted with the request for
                payment.

(v)     Invoices. Vendors' invoices for material, equipment rental, and
               other expenditures, shall be submitted with the request for
               payment. If the request for payment is not substantiated by
               invoices or other documentation, the DISTRICT may
               establish the cost of the item involved at the lowest price
               which was current at the time of the report.
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              (C)     The following form shall be used as applicable by the DISTRICT and
                             CONTRACTOR to communicate proposed additions and
                             deductions to the Agreement.

                                                               EXTRA CREDIT

 i.      Material (attach itemized quantity and              _________ __________
 unit cost plus sales tax)
 ii.     Labor (attach itemized hours and rates)             _________ __________
 iii.   Commercial General Liability and
 Property    Damage     Insurance,     Workers’
 Compensation Insurance, Social Security and
 Unemployment Taxes at actual and verified cost.
 iv.    Subtotal                                             _________ __________
 v.     If subcontractor performed work, add                 _________ __________
 subcontractor's overhead and profit to portions
 performed by it, not to exceed 15% of Item iv.
 above
 vi.    Subtotal                                             _________ __________
 vii.    General Contractor's Over-head and                  _________ __________
 Profit, not to exceed 15% of Item vi. if
 Contractor performed the work. If subcontractor
 performed the work, not to exceed 5% of Item
 vi. Of portions performed by Contractor and
 subcontractors, portions performed by Contractor
 shall not exceed 15% of Item vi, and portions
 performed by subcontractor shall not exceed 5%
 of Item vi.
 viii. Subtotal                                              _________ __________
 ix.      Bond and Liability Insurance Premium, if    _________ __________
 in fact additional bonds or insurance were
 actually purchased, not to exceed 1% of Item viii.
 x.       Total                                       _________ __________

       (3)    IT IS EXPRESSLY UNDERSTOOD THAT THE VALUE OF SUCH EXTRA
                     WORK OR CHANGES, AS DETERMINED BY ANY OF THE
                     AFOREMENTIONED METHODS, EXPRESSLY INCLUDES ANY
                     AND ALL OF CONTRACTOR'S COSTS AND EXPENSES, BOTH
                     DIRECT AND INDIRECT, RESULTING FROM ADDITIONAL TIME
                     REQUIRED ON THE PROJECT, OR RESULTING FROM DELAYS TO
                     THE PROJECT. ANY COSTS OR EXPENSES NOT INCLUDED ARE
                     DEEMED WAIVED.

(f)     If CONTRACTOR should claim that any instruction, request, drawing, specification,
action, condition, omission, default, or other situation (1) obligates the DISTRICT to pay
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additional compensation to CONTRACTOR; or (2) obligates the DISTRICT to grant an
extension of time for completion of the Agreement; or (3) constitutes a waiver of any provision
in the Agreement, CONTRACTOR shall notify the DISTRICT, in writing, of such claim within
ten (10) calendar days from the date CONTRACTOR has actual or constructive notice of the
factual basis supporting the claim. The notice shall state the factual bases for the claim and cite
in detail the Project documents (including plans and specifications) upon which the claim is
based. The CONTRACTOR'S failure to notify the DISTRICT within such ten (10) day period
shall be deemed a waiver and relinquishment of such a claim. If such notice be given within the
specified time, the procedure for its consideration shall be as stated above in these General
Conditions.

(g)    Any requirements under this Article shall be equally applicable to change orders issued to
subcontractors by CONTRACTOR to the same extent required of CONTRACTOR.

ARTICLE 70. COMPLETION

(a)     The DISTRICT shall accept completion of the Agreement and have the Notice of
Completion recorded when the entire work including punch list items shall have been completed
to the satisfaction of the DISTRICT. The work may only be accepted as complete by action of
the DISTRICT'S Governing Board.

(b)     However, the DISTRICT, at its sole option, may accept completion of the Agreement and
have the Notice of Completion recorded when the entire work including individual portions of
the work shall have been completed to the satisfaction of the DISTRICT, except for minor
corrective items, as distinguished from incomplete items.

(c)     A final walk through of the Project to determine completion of the Agreement and to
record the Notice of Completion shall occur only upon a valid claim by CONTRACTOR that the
Project is complete except for minor corrective items. Any erroneous claims of completion by
CONTRACTOR resulting in a premature walk through shall be at CONTRACTOR's sole cost
and expense and DISTRICT shall make adjustments to the contract price by reducing the amount
thereof to pay for any costs incurred by the DISTRICT due to the erroneous claims by the
CONTRACTOR that the Project is complete. Minor corrective items shall be identified in the
final walk through of the Project.

(d)     If CONTRACTOR fails to complete the minor corrective items prior to the expiration of
the thirty-five (35) day period immediately following recording of the Notice of Completion, the
DISTRICT shall withhold from the final payment an amount equal to twice the estimated cost, as
determined by the DISTRICT, of each item until such time as the item is completed. At the end
of such 35-day period, if there are items remaining to be corrected, the DISTRICT may elect to
proceed as provided in Article 71.

ARTICLE 71. ADJUSTMENTS TO CONTRACT PRICE

(a)     If CONTRACTOR defaults or neglects to carry out the work in accordance with the
Project documents or fails to perform any provision thereof, DISTRICT may, after ten (10) days
written notice to the CONTRACTOR and without prejudice to any other remedy it may have,
make good such deficiencies.
                                                                                           92 of 146




(b)     The DISTRICT shall adjust the total contract price by reducing the amount thereof by the
cost of making good such deficiencies. If DISTRICT deems it inexpedient to correct work not
done in accordance with the Project documents, an equitable reduction in the contract price shall
be made therefore.

ARTICLE 72. CORRECTION OF WORK

(a)    CONTRACTOR shall promptly remove all work identified by DISTRICT as failing to
conform to the Project documents, whether incorporated or not. CONTRACTOR shall promptly
replace and re-execute its own work to comply with Project documents without additional
expense to DISTRICT and shall bear the expense of making good all work of other contractors
destroyed or damaged by such removal or replacement.

(b)     If CONTRACTOR does not remove such work within a reasonable time, fixed by written
notice, DISTRICT may remove it and may store the material at CONTRACTOR'S expense. If
CONTRACTOR does not pay expenses of such removal within ten (10) days' time thereafter,
DISTRICT may, upon ten (10) days written notice, sell such materials at auction or at private
sale and shall account for net proceeds thereof, after deducting all costs and expenses that should
have been borne by CONTRACTOR.

ARTICLE 73. TIME FOR COMPLETION - LIQUIDATED DAMAGES

(a)      Work shall be commenced on or before the date stated in the DISTRICT’S notice to
CONTRACTOR to proceed and shall be completed by CONTRACTOR in the time specified in
the Special Conditions. CONTRACTOR and DISTRICT hereby agree that the exact amount of
damages for failure to complete the work within the time specified is extremely difficult or
impossible to determine. CONTRACTOR shall be assessed liquidated damages as indicated in
the Special Conditions for each and every calendar day the work required under the Project
documents remains unfinished past the time for completion, as set forth in the Agreement, and
any extensions of time granted by the DISTRICT to CONTRACTOR under the terms of the
Project documents. CONTRACTOR will pay to the DISTRICT or DISTRICT may retain from
amounts otherwise payable to CONTRACTOR, said amount for each day after failure to meet
the requirements of the contract completion as scheduled in the Agreement. For purposes of this
article, the work shall be considered "complete" in accordance with the provisions of Article 70,
except that the work may be considered complete without formal acceptance by the DISTRICT
Governing Board so long as the Governing Board, at its next regularly scheduled meeting,
accepts the work.

(b)     CONTRACTOR shall not be charged for liquidated damages, as set forth above, because
of any delays in completion of work due to unforeseeable causes beyond the control and without
the fault or negligence of CONTRACTOR including, but not restricted to: acts of God, or of
public enemy, acts of Government, acts of DISTRICT or anyone employed by it or acts of
another contractor in performance of a contract with the DISTRICT, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of
subcontractors due to such causes. CONTRACTOR shall within ten (10) days of beginning of
any such delay, (unless DISTRICT grants a further period of time to file such notice prior to the
date of final payment under the Agreement) notify DISTRICT in writing of causes of delay.
                                                                                            93 of 146


CONTRACTOR shall provide documentation and justification to substantiate the delay and its
relation to the Project's critical path. DISTRICT shall ascertain the facts and extent of delay and
grant extension of time for completing work when, in its judgment, the findings of fact justify
such an extension. The DISTRICT'S finding of fact thereon shall be final and conclusive on the
parties hereto. Extension of time shall apply only to that portion of work affected by the delay,
and shall not apply to other portions of work not so affected.

(c)     The DISTRICT’S liability to CONTRACTOR for delays for which DISTRICT is
responsible shall be limited to an extension of time for delays unless such delays were
unreasonable under the circumstances involved and were not within the contemplation of the
parties when the contract was awarded. CONTRACTOR agrees that the DISTRICT’S FIELD
ADVISOR shall determine the actual costs to CONTRACTOR of any delay for which
CONTRACTOR may claim damages from DISTRICT. Such costs, if any, shall be directly
related to the Project, and shall not include costs that would be borne by CONTRACTOR in the
regular course of business, including, but not limited to, office overhead and ongoing insurance
costs. The DISTRICT shall not be liable for any damages which contractor could have avoided
by any reasonable means including, but not limited to, the judicious handling of forces,
equipment, or plant.

ARTICLE 74. PAYMENTS WITHHELD

(a)    In addition to amounts which DISTRICT may retain under Article 68 and Article 70,
DISTRICT 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:

        (1)     Payments which may be past due and payable for just claims against
CONTRACTOR or any subcontractors, or against and about the performance of work on the
Project, including, without limitation, payments made pursuant to Article 47.

       (2)     The cost of defective work which CONTRACTOR has not remedied.

       (3)     Liquidated damages assessed against CONTRACTOR.

       (4)     Penalties for violation of labor laws.

       (5)     The cost of materials ordered by the DISTRICT pursuant to Article 39.

       (6)    The cost of completion of this Agreement if there exists a reasonable doubt that
this Agreement can be completed for the balance then unpaid to CONTRACTOR.

       (7)     Damage to another contractor.

       (8)     Site clean-up as provided in Article 51.

       (9)     Payments to indemnify, defend, or hold harmless the DISTRICT.

         (10) Any payments due to the District including but not limited to payments for failed
tests, utilities or imperfections.
                                                                                             94 of 146




       (11)     Extra services for DISTRICT’S FIELD ADVISOR.

       (12) Extra services for the Inspector including but not limited to reinspection required
due to CONTRACTOR'S failed tests or installation of unapproved or defective materials and
CONTRACTOR'S requests for inspection and CONTRACTOR'S failure to attend the inspection.

(b)     If the above grounds are in the opinion of the DISTRICT removed by or at the expense of
CONTRACTOR, payment shall be made for amounts withheld because of them. No interest
shall be paid on any retainage or amounts withheld due to the failure of CONTRACTOR to
perform in accordance with the terms and conditions of the Project documents.

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

(d) As an alternative to payment of such claims or obligations, DISTRICT, in its sole discretion,
may reduce the total contract price as provided in Article 71.

ARTICLE 75. 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 excise tax because it is a sale to a state or
local government for its exclusive use, the DISTRICT, upon request, will execute documents
necessary to show (1) that the DISTRICT 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 DISTRICT. No excise tax
for such materials shall be included in any bid price.

ARTICLE 76. NO ASSIGNMENT

CONTRACTOR shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement
or of its rights, title or interest in or to the same or any part thereof. If CONTRACTOR shall
assign, transfer, convey, sublet or otherwise dispose of the Agreement or its right, title or interest
therein, or any part thereof, such attempted or purported assignment, transfer, conveyance,
sublease or other disposition shall be null, void and of no legal effect whatsoever; and the
Agreement may, at the option of the DISTRICT, be terminated, revoked and annulled, and the
DISTRICT shall thereupon be relieved and discharged from any and all liability and obligations
growing out of the same to the CONTRACTOR, and to its purported assignee or transferee.

ARTICLE 77. NOTICE

Any notice from one party to the other or otherwise under the Agreement shall be in writing and
shall be dated and signed by the party giving such notice or by a duly authorized representative
                                                                                           95 of 146


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 DISTRICT, by personal delivery thereof to DISTRICT or by
                       depositing same in United States mail, enclosed in a sealed envelope
                       addressed to DISTRICT, and sent by registered or certified mail with
                       postage prepaid;

       (2)     If notice is given to CONTRACTOR by personal delivery thereof to said
                       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 said CONTRACTOR at its regular place of business or at
                       such address as may have been established for the conduct of work under
                       this Agreement, and sent by registered or certified mail with postage
                       prepaid;

               (3)    If notice is given to surety or other persons 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

The failure of the DISTRICT in any one or more instances to insist upon strict performance of
any of the terms of this Agreement or to exercise any option herein conferred shall not be
construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such
terms or option on any future occasion.

ARTICLE 79. NON-UTILIZATION OF ASBESTOS MATERIAL

(a)   The CONTRACTOR will be required to execute and submit the Certificate Regarding
Non-Asbestos Containing Materials.

(b)     Should asbestos containing materials be installed by CONTRACTOR in violation of this
certification, or if removal of asbestos containing materials is part of the Project,
decontaminations and removals will meet the following criteria:

       (1)     Decontamination and removal of work found to contain asbestos or work installed
                     with asbestos containing equipment shall be done only under the
                     supervision of a qualified consultant, knowledgeable in the field of
                     asbestos abatement and accredited by the Environmental Protection
                     Agency (EPA).

       (2)     The asbestos removal contractor shall be an EPA accredited contractor qualified
                      in the removal of asbestos and shall be chosen and approved by the
                                                                                              96 of 146


                       asbestos consultant who shall have sole discretion and final determination
                       in this matter.

       (3)     The asbestos consultant shall be chosen and approved by the DISTRICT who
                      shall have sole discretion and final determination in this matter.

       (4)     The work will not be accepted until asbestos contamination is reduced to levels
                     deemed acceptable by the asbestos consultant.

(c)    Cost of all asbestos removal, including, but not necessarily limited to the cost of the
asbestos removal contractor, the cost of the asbestos consultant, analytical and laboratory fees,
time delays and additional costs as may be incurred by the DISTRICT shall be borne entirely by
CONTRACTOR.

(d)     Hold Harmless: Interface of work for the Project with work containing asbestos shall be
executed by CONTRACTOR at his/her risk and at his/her discretion with full knowledge of the
currently accepted standards, hazards, risks and liabilities associated with asbestos work and
asbestos containing products. By execution of the Agreement, CONTRACTOR acknowledges
the above and agrees to hold harmless the DISTRICT, its Governing Board, employees, agents,
and DISTRICT’S FIELD ADVISOR and assigns for all asbestos liability which may be
associated with this work. CONTRACTOR further agrees to instruct his/her employees with
respect to the above mentioned standards, hazards, risks and liabilities.

ARTICLE 80. GOVERNING LAW/VENUE

The Agreement shall be governed by the laws of the State of California. The parties agree that
any litigation arising out of this Agreement shall be venued in the County where the Project is
located.

ARTICLE 81. SEVERABILITY

Should any provision of this Agreement be declared or determined by any court of competent
jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the
remaining parts, terms or provisions shall not be affected thereby, and said illegal, unenforceable
or invalid part, term or provision shall be deemed not to be a part of this Agreement.

ARTICLE 82. CONVICT-MADE MATERIALS

No materials manufactured or produced in a penal or correctional institution shall be
incorporated in the project under the Agreement.

ARTICLE 83. FINGERPRINTING/OUTSIDE CONTRACTOR CERTIFICATION OF
EMPLOYEE CLEARANCE

(a)    CONTRACTOR shall comply with the requirements of Education Code Sections
45125.1 and 45125.2 prior to the commencement of Work. Each subcontract shall include a
provision that requires each subcontractor to comply with the provisions of Education Code
Sections 45125.1 and 45125.2.
                                                                                           97 of 146




(b)    CONTRACTOR shall require the project supervisor or foreman to either submit, or have
submitted, his/her fingerprints to the Department of Justice (DOJ) for the purpose of obtaining a
criminal record summary.

(c)     CONTRACTOR shall not permit an employee to be present at the DISTRICT work site
until the DOJ has reported to CONTRACTOR that the project supervisor or foreman has not
been convicted of a prohibited felony as defined in Education Code §45122.1. This prohibition
does not apply to a project supervisor or foreman previously convicted of a prohibited felony if
such project supervisor or foreman has obtained a certificate of rehabilitation and pardon
pursuant to Penal Code Section 4852.01 et seq. or if such project supervisor or foreman has
obtained a finding of rehabilitation pursuant to Education Code Section 45125.1(f).

(d)    The project supervisor or foreman of CONTRACTOR who the DOJ has ascertained has
not been convicted of a prohibited felony shall continually supervise and monitor all employees
of CONTRACTOR and any of its subcontractors. Such project supervisor or foreman shall be
present at the DISTRICT work site whenever employees of CONTRACTOR or any of its
subcontractors are present.

(e)    CONTRACTOR must file a Contract for Subsequent Arrest Notification Service with the
DOJ. This contract allows the DOJ to retain fingerprints submitted by CONTRACTOR so that it
may report the subsequent arrest of an employee to CONTRACTOR.

(f)    CONTRACTOR shall certify in writing to DISTRICT that:

                       1.     neither the CONTRACTOR nor the project supervisor or foreman
                              who is responsible for supervising the DISTRICT work site and
                              may be present at the DISTRICT work site have been convicted of
                              a prohibited felony;

                       2.     the CONTRACTOR has filed a Contract for Subsequent Arrest
                              Notification with the DOJ;

                       3.     This certification must remain current throughout the contract
                              and must be complied with at all times.

(g)     If CONTRACTOR cannot comply with paragraphs (b) through (g) in this Article prior
to commencement of work, CONTRACTOR may make a written request that the DISTRICT
authorize temporary compliance by applying one or more alternative methods set forth in (i)
below. The DISTRICT shall grant such requests only where extraordinary circumstances
preclude the CONTRACTOR from complying with paragraphs (b) through (g). Such alternative
methods shall be used only until such time as CONTRACTOR can comply with paragraphs (b)
through (g), which shall not exceed thirty (30) days after CONTRACTOR commences work on
the project.

(h)    Alternative methods include the following:(1) the installation of a physical barrier at the
DISTRICT work site to limit contact with pupils; such physical barrier shall be designed on a
case by case basis.(2) surveillance of employees of CONTRACTOR by school personnel.
                                                                                             98 of 146




(i)     The DISTRICT shall have sole discretion to grant a temporary exception to paragraphs
(b) through (g) above. The DISTRICT shall have sole discretion as to which short-term
alternative method will be used by CONTRACTOR. Any temporary exception must be in
writing and must specify the alternate method of compliance.

(j)   CONTRACTOR must complete the Certification Forms included in the Project
documents and submit them to the DISTRICT prior to commencement of work, unless the
DISTRICT has granted a temporary exception as discussed above.

(k)     This Article shall not apply to CONTRACTORS providing services to the DISTRICT in
emergency or exceptional situations (such as when pupil health or safety is endangered or when
repairs are needed to make school facilities safe and habitable) or when the DISTRICT
determines CONTRACTOR will have only limited contact with pupils.

(l)      The DISTRICT shall be the sole and exclusive judge of whether a CONTRACTOR will
have limited contact with pupils. In making this determination, the DISTRICT will consider the
totality of the circumstances including such factors as: (1) the length of time CONTRACTOR’S
employees will be on school grounds; (2) whether pupils will be in proximity with the site where
CONTRACTOR’S employees will be working; (3) whether CONTRACTOR’S employees will
be working by themselves or with others; and (4) other relevant information.

(m)   CONTRACTOR shall comply with the requirements of this Article unless advised by the
DISTRICT prior to the commencement of work, that CONTRACTOR shall not be required to
comply with this Article.

ARTICLE 84. ATTORNEYS’ FEES

In any legal or equitable action or proceeding, including arbitration and mediation, and other
litigation, brought either to enforce or interpret the terms of this Agreement, the prevailing party
shall be entitled to recover all reasonable attorneys’ fees, costs and expenses incurred therein,
including expert witness fees and costs.

ARTICLE 85. DELAYS BEYOND DISTRICT CONTROL

The District shall not be liable for any delays caused by factors beyond the District’s control
including but not limited to the Department of the State Architect or any other local, State or
federal agency's review of bids, change order requests, requests for information or any other
documents. District shall not be liable for any delays or damages related to the time required to
obtain government approvals.


ARTICLE 86. DISTRICT RIGHT TO STOP THE WORK

If the Contractor fails to correct work, which is not in accordance with the requirements of the
Project documents, or persistently fails to carry out work in accordance with the Project
documents, the District, after providing Notice, by written order signed personally or by an agent
specifically so empowered by the District in writing, may order the Contractor to stop the work
                                                                                               99 of 146


or any portion thereof, until the cause for such order has been eliminated. The right of the
District to stop the work shall not give rise to a duty on the part of the District to exercise this
right for the benefit of the Contractor or any other person or entity.


ARTICLE 87. ASSIGNMENT OF SUBCONTRACTS

Each subcontract agreement for a portion of the work is assigned by the Contractor to the District
provided that:

        A.      Assignment is effective only after termination of the contract with the Contractor
                by the District for cause and only for those subcontract agreements which the
                District accepts by notifying the subcontractor in writing; and

        B.      Assignment is subject to the prior rights of the surety, if any, obligated under any
                bond relating to the contract.


ARTICLE 88. EARLY COMPLETION

Regardless of the cause therefore, the Contractor may not maintain any claim or cause of action
against the District for damages incurred as a result of its failure or inability to complete its work
on the Project in a shorter period than established in the Project documents, the parties
stipulating that the period set forth in the Project documents is a reasonable time within which to
perform the work on the Project.

ARTICLE 89. HAZARDOUS MATERIALS AND STORM WATER DISCHARGE

Except as otherwise provided herein, in the event the Contractor encounters or suspects the
presence on the site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB),
or any other material defined as being hazardous by section 25249.5 of the California Health and
Safety Code, which has not been rendered harmless, the Contractor shall immediately stop work
in the area affected and report the condition to the District and the Architect in writing, whether
or not such material was generated by the Contractor or the District. The work in the affected
area shall not thereafter be resumed, except by written agreement of the District and the
Contractor, if in fact the material is asbestos, polychlorinated biphenyl (PCB), or other hazardous
material, and has not been rendered harmless. The work in the affected area shall be resumed
only in the absence of asbestos, polychlorinated biphenyl (PCB), or other hazardous material, or
when it has been rendered harmless by written agreement of the District and the Contractor.

In the event that the presence of hazardous materials is suspected or discovered on the site, the
District shall retain an independent testing laboratory to determine the nature of the material
encountered and whether corrective measures or remedial action is required. The Contractor
shall not be required to perform without consent any work in the affected area of the site relating
to asbestos, polychlorinated biphenyl (PCB), or other hazardous material, until any known or
suspected hazardous material has been removed, or rendered harmless, or determined to be
                                                                                              100 of 146


harmless by District, as certified by an independent testing laboratory and/or approved by the
appropriate government agency.

In the event the presence of hazardous materials on the Project site is not caused by the Contractor,
District shall pay for all costs of testing and remediation, if any, and shall compensate Contractor for
any additional costs incurred or Project delay in accordance with the applicable provisions herein. In
addition, District shall defend, indemnify and hold harmless the Contractor and its agents, officers,
directors and employees from and against any and all claims, damages, losses, costs and expenses
incurred in connection with or arising out of, or relating to, the performance of the work in the area
affected by the hazardous material.

In the event the hazardous materials on the Project site is caused by the Contractor,
subcontractors, materialmen or suppliers, the Contractor shall pay for all costs of testing and
remediation, if any, and shall compensate the District for any additional costs incurred as a result
of the generation of hazardous material on the Project site. In addition, the Contractor shall
defend, indemnify and hold harmless District and its agents, officers, and employees from and
against any and all claims, damages, losses, costs and expenses incurred in connection with,
arising out of, or relating to, the presence of hazardous material on the Project site.
                                                                                         101 of 146


WORKERS’ COMPENSATION CERTIFICATE


Labor Code Section 3700.

      “Every employer except the state shall secure the payment of compensation in one
      or more of the following ways:

      (a)    By being insured against liability to pay compensation in one or more
             insurers duly authorized to write compensation insurance in this state.

      (b)    By securing from the Director of Industrial Relations a certificate of
             consent to self-insure either as an individual employer or as one employer
             in a group of employers, which may be given upon furnishing proof
             satisfactory to the Director of Industrial Relations of ability to self-insure
             and to pay any compensation that may become due to his or her
             employees.

      (c)    For any county, city, city and county, municipal corporation, public
             district, public agency or any political subdivision of the state, including
             each member of a pooling arrangement under a joint exercise of powers
             agreement (but not the state itself), by securing from the Director of
             Industrial Relations a certificate of consent to self-insure against workers’
             compensation claims, which certificate may be given upon furnishing
             proof satisfactory to the director of ability to administer workers’
             compensation claims properly, and to pay workers’ compensation claims
             that may become due to its employees. On or before March 31, 1979, a
             political subdivision of the state, which, on December 31, 1978, was
             uninsured for its liability to pay compensation, shall file a properly
             completed and executed application for a certificate of consent to self-
             insure against workers’ compensation claims. The certificate shall be
             issued and be subject to the provisions of Section 3702.”
                                                                                     102 of 146


                     WORKERS’ COMPENSATION CERTIFICATE
                                 (Continued)


       I am aware of the provisions of Labor Code Section 3700 which require every employer
to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance on the work of this contract.


                                                  ____________________________________
                                                  Name of the Contractor


                                                  By: ________________________________
                                                               Signature

                                                  ____________________________________
                                                              Print Name

                                                  ____________________________________
                                                              Title

                                                  ____________________________________
                                                              Date

       (In accordance with Article 5 [commencing at Section 1860], Chapter 1, Part 7, Division
       2 of the Labor Code, the above certificate must be signed and filed with the awarding
       body prior to performing any work under the contract.)
                                                                                                            103 of 146


                                            OUTSIDE CONTRACTOR
                                                CERTIFICATION
                                           OF EMPLOYEE CLEARANCE




    Name of Company:

    Street Address

    City                                                 State                                 Zip

    Telephone                                                                                  Fax

    Contact Person

I certify that:

     My company has completed background checks pursuant to Education Code Section 45125.1 on the project
      supervisor or foreman who is responsible for supervising the construction project and who may be present at the
      construction project for the Pleasanton Unified School District.

     The project supervisor or foreman who is responsible for supervising the construction project and who may be
      present at the construction project has not been convicted of a violent or serious felony as defined in Education
      Code Section 45122.1 (see Attachment “A”).

     I have attached a list of the name(s) of the project supervisor or foreman, along with this form.



I acknowledge that any false, deceptive, misleading, or non-disclosed information related to this
certification may result in tort liability for my company.


_______________________________________________________
Company Name


________________________________                        __________________________
Print Name                                                     Title


_______________________________                         __________________________
Signature                                                      Date




File: Construction-Clearance Form.doc
                                                                                                            104 of 146


                                         “ATTACHMENT A”
                                RELEVANT CALIFORNIA CODE SECTIONS

1.1. EDUCATION CODE

§45122.1         Violent or serious felonies; classified employees without permanent status; notice regarding
                 applicants; proof of rehabilitation; suspension and termination procedures.

   (a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious
   felony shall be employed by a school district pursuant to this chapter. A school district shall not retain in
   employment a current classified employee who has been convicted of a violent or serious felony, and who is a
   temporary, substitute, or a probationary employee who has not attained permanent status.

   (b) This section applies to any violent or serious offense which, if committed in this state, would have been
   punishable as a violent or serious felony.

   (c) (1)       For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section
                 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section
                 1192.7 of the Penal Code.
       (2)       For purposes of this section, the term "school district" has the same meaning as defined in Section
                 41302.5.

   (d) When the Department of Justice ascertains that an individual who is an applicant for employment by a
   school district has been convicted of a violent or serious felony, the department shall notify the school district of
   the criminal information pertaining to the applicant. The notification shall be delivered by telephone and shall
   be confirmed in writing and delivered to the school district by first-class mail.

   (e) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment
   solely on the basis that the person has been convicted of a violent of serious felony if the person has obtained a
   certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of
   Part 3 of the Penal Code.

   (f) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment
   solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that
   person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or
   she has been rehabilitated for the purposes of school employment for at least one year. If the offense in
   question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the
   school district in which he or she is a resident.

   (g) Notwithstanding any other provision of law, when the Department of Justice notifies a school district by
   telephone that a current temporary, substitute, or probationary employee who has not attained permanent status,
   has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without
   pay. When the school district receives written notification of the fact of conviction from the Department of
   Justice, the employee shall be terminated automatically and without regard to any other procedure for
   termination specified in this code or school district procedures unless the employee challenges the record of the
   Department of Justice and the Department of Justice withdraws in writing its notification to the school district.
   Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall
   immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension
   without pay to the reinstatement.

   (h) Notwithstanding Section 47610, this section applies to a charter school.
                                                                                                             105 of 146


§45125.1           Fingerprints; employees of entity providing services to school district; contact with
                   pupils.

      (a) Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a
      school district, as defined in Section 41302.5, to provide any of the following services may have any contact
      with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the
      Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse
      the department for its costs incurred in processing the application:

          (1)      School and classroom janitorial.
          (2)      School site administrative.
          (3)      School site grounds and landscape maintenance.
          (4)      Pupil transportation.
          (5)      School site food related.

(b)       This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school
          district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when
          repairs are needed to make school facilities safe and habitable.

(c)       This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school
          district when the school district determines that the employees of the entity will have limited contact with
          pupils. In determining whether a contract employee has limited contact with pupils, the school district shall
          consider the totality of the circumstances, including factors such as the length of time the contractors will
          be on school grounds, whether pupils will be in proximity with the site where the contractors will be
          working, and whether the contractors will be working by themselves or with others. If a school district has
          made this determination, the school shall take appropriate steps to protect the safety of any pupils that may
          come in contact with these employees.

(d)       A school district may determine, on a case-by-case basis, to require an entity providing schoolsite services
          other than those listed in subdivision (a) or those described in Section 45125.2 and the entity’s employees
          to comply with the requirements of this section, unless the school district determines that the employees of
          the entity will have limited contact with pupils, the school district shall consider the totality of the
          circumstances, including factors such as the length of time the contractors will be on school grounds,
          whether pupils will be in proximity with the site where the contractors will be working, and whether the
          contractors will be working by themselves or with others. If a school district makes this determination, the
          school district shall take appropriate steps to protect the safety of any pupils that may come in contact with
          these employees. If a school district requires an entity providing services other than those listed in
          subdivision (a) and its employees to comply with the requirements of this section, the Department of
          Justice shall comply with this subdivision.

(e)       (1)      The Department of Justice shall ascertain whether the individual whose fingerprints were
                   submitted to it pursuant to subdivision (a) has been arrested or convicted of any crime insofar as
                   that fact can be ascertained from information available to the department. Upon implementation
                   of an electronic fingerprinting system with terminals located statewide and managed by the
                   Department of Justice, the department shall ascertain the information required pursuant to this
                   section within three working days. When the Department of Justice ascertains that an individual
                   whose fingerprints were submitted to it pursuant to subdivision (a) has a pending criminal
                   proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined
                   in Section 45122.1, the department shall notify the employer designated by the individual of that
                   fact. The notification shall be delivered by telephone or electronic mail to the employer.

          (2)      The Department of Justice, at its discretion, may notify the school district in instances when the
                   employee is defined as having a pending criminal proceeding described in Section 45122.1 or has
                   been convicted of a felony as defined in Section 45122.1.
                                                                                                          106 of 146


      (3)       The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of
                Investigation to verify any record of previous arrests or convictions of the applicant. The
                Department of Justice shall review the criminal record summary it obtains from the Federal
                Bureau of Investigation and shall notify the employer only as to whether or not an applicant has
                any convictions or arrests pending adjudication for offenses which, if committed in California,
                would have been punishable as a violent or serious felony. The Department of Justice shall not
                provide any specific offense information received from the Federal Bureau of Investigation. The
                Department of Justice shall provide written notification to the contract employer only concerning
                whether an applicant for employment has any conviction or arrest pending final adjudication for
                any of those crimes, as specified in Section 45122.1, but shall not provide any information
                identifying any offense for which an existing employee was convicted or has an arrest pending
                final adjudication.

(f)   An entity having a contract as specified in subdivision (a) and an entity required to comply with this section
      pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the
      Department of Justice has ascertained that the employee has not been convicted of a felony as defined in
      Section 45122.1.

      (1)      This prohibition does not apply to an employee solely on the basis that the employee has been
               convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon
               pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
      (2)      This prohibition does not apply to an employee solely on the basis that the employee has been
               convicted of a serious felony that is not also a violent felony if that employee can prove to the
               sentencing court of the offense in question, by clear and convincing evidence, that he or she has
               been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense
               in question occurred outside this state, then the person may seek a finding of rehabilitation from
               the court in the school district in which he or she is resident.

(g)   An entity having a contract as specified in subdivision (a) and an entity required to comply with this section
      pursuant to subdivision (d) shall certify in writing to the school district that neither the employer nor any of
      its employees who are required by this section to submit or have their fingerprints submitted to the
      Department of Justice and who may come in contact with pupils have been convicted of a felony as defined
      in Section 45122.1.

(h)   An entity having a contract as specified in subdivision (a) on the effective date of this section and an entity
      required to comply with this section pursuant to subdivision (d) by a school district with which it has a
      contract on the effective date of the amendments made to this section during the 1997-98 Regular Session
      shall complete the requirements of this section within 90 days of that date.

(i)   For purposes of this section, a charter school shall be deemed to be a school district.

(j)   Where reasonable access to the statewide electronic fingerprinting network is available, the Department of
      Justice may mandate electronic submission of the fingerprinting cards and other information required by
      this section.

§45125.2

(a)   A school district contracting with an entity for construction, reconstruction, rehabilitation, or repair of a
      school facility where the employees of the entity will have contact, other than limited contact, with pupils
      shall ensure the safety of the pupils by one or more of the following methods:

      (1)      The installation of a physical barrier at the worksite to limit contact with pupils.

      (2)      Continual supervision and monitoring of all employees of the entity by an employee of the entity
               whom the Department of Justice has ascertained has not been convicted of a violent or serious
                                                                                                               107 of 146


                  felony. For purposes of this paragraph, an employee of the entity may submit his or her
                  fingerprints to the Department of Justice pursuant to subdivision (a) of Section 45125.1 and the
                  department shall comply with subdivision (d) of Section 45125.1.

         (3)      Surveillance of employees of the entity by school personnel.

(b)      An entity that contracts with a school district for the construction, reconstruction, rehabilitation, or repair of
         a school facility is not required to comply with the requirements of Section 445125.1 if one or more of the
         methods described in subdivision (a) is utilized.

(c)      For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the
         Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1197.27 of the Penal
         Code.

(d)      This section shall not apply to an entity providing construction, reconstruction, rehabilitation, or repair
         services to a school district in an emergency or exceptional situation, such as when pupil health or safety is
         endangered or when repairs are needed to make school facilities safe and habitable.

1.2. PENAL CODE

§667.5            Prior prison terms; enhancement of prison terms for new offenses

(c)      For the purpose of this section, “violent felony” shall mean any of the following:

         (1)      Murder or voluntary manslaughter.
         (2)      Mayhem.
         (3)      Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of
                  subdivision (a) of Section 262.
         (4)      Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injured on
                  the victim or another person.
         (5)      Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily
                  injury on the victim or another person.
         (6)      Lewd acts on a child under the age of 14 years as defined in Section 288.
         (7)      Any felony punishable by death or imprisonment in the state prison for life.
         (8)      Any felony in which the defendant inflicts great bodily injury on any person other than an
                  accomplice which has been charged and proved as provider for in Section 12022.7 or 12022.9 on
                  or after July 1, 1977, or as specified prior to July 1, 1977, in Section 213, 264, and 461, or any
                  felony in which the defendant uses a firearm which use has been charged and proved as provided
                  in Section 12022.5 or 12022.55.
         (9)      Any robbery.
         (10)     Arson, in violation of subdivision (a) or (b) of Section 451.
         (11)     The offense defined in subdivision (a) of Section 289 where the act is accomplished against the
                  victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury
                  on the victim or another person.
         (12)     Attempted murder.
         (13)     A violation of Section 12308, 12309 or 12310.
         (14)     Kidnapping.
         (15)     Assault with the intent to commit mayhem, rape, sodomy, oral copulation in violation of Section
                  220.
         (16)     Continuous sexual abuse of a child, in violation of Section 288.5.
         (17)     Carjacking, as defined in subdivision (a) of Section 215.
         (18)     A violation of Section 264.1.

         (19)     Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22
                  of the Penal Code.
                                                                                                               108 of 146


          (20)     Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony
                   violation of Section 186.22 of the Penal Code.
          (21)     Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged
                   and proved that another person, other than an accomplice, was present in the residence during the
                   commision of the burglary.
          (22)     Any violation of Section 12022.53.
          The Legislature finds and declares that these specified crimes merit special consideration when imposing a
          sentence to display society’s condemnation for these extraordinary crimes of violence against the person.

§1192.7            Plea bargaining; limitation; definitions; amendment of section

(c)       As used in this section, “serious felony” means any of the following:

          (1)      murder or voluntary manslaughter;
          (2)      mayhem;
          (3)      rape;
          (4)      sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and
                   unlawful bodily injury on the victim or another person;
          (5)      oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of
                   immediate and unlawful bodily injury on the victim or another person;
          (6)      lewd or lascivious act on a child under the age of 14 years;
          (7)      any felony punishable by death or imprisonment in the state prison for life;
          (8)      any other felony in which the defendant personally inflicts great bodily injury on any person, other
                   than an accomplice, or any felony in which the defendant personally uses a firearm;
          (9)      attempted murder;
          (10)     assault with intent to commit rape or robbery;
          (11)     assault with a deadly weapon or instrument on a peace officer;
          (12)     assault by a life prisoner on an inmate;
          (13)     assault with a deadly weapon by an inmate;
          (14)     arson;
          (15)     exploding a destructive device or any explosive with intent to injure;
          (16)     exploding a destructive device or any explosive causing bodily injury, great bodily injury, or
                   mayhem;
          (17)     exploding a destructive device or any explosive with intent to murder;
          (18)     any burglary of the first degree;
          (19)     robbery or bank robbery;
          (20)     kidnapping;
          (21)     holding of a hostage by a person confined in a state prison;
          (22)     attempt to commit a felony punishable by death or imprisonment in the state prison for life;
          (23)     any felony in which the defendant personally used a dangerous or deadly weapon;
          (24)     selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor
                   any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in
                   paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the
                   precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of
                   subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety
                   Code;
          (25)     any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s
                   will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the
                   victim or another person;
          (26)     grand theft involving a firearm;
          (27)     carjacking;
          (28)     any felony offense, which would also constitute a felony violation of Section 186.22;
          (29)     assault with the intent to commit mayhem, rape sodomy, or oral copulation, in violation of Section
                   220;
          (30)     throwing acid or flammable substances, in violation of Section 244;
          (31)     assault with a deadly weapon, firearm, machinegun, assault weapon or semiautomatic firearm or
                                                                                                     109 of 146


            assault on a peace officer or firefighter, in violation of Section 245;
     (32)   assault with a deadly weapon against a public transit employee, custodial officer, or school
            employee, in violation of Sections 245.2, 245.3, or 245.5;
     (33)   discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246;
     (34)   commission of rape or penetration by a foreign object in concert with another person, in violation
            of Section 264.1;
     (35)   continuous sexual abuse of a child, in violation of Section 288.5;
     (36)   shooting from a vehicle, in violation of subdivision (c) or (d) of Section 12034;
     (37)   intimidation of victims or witnesses, in violation of Section 136.1;
     (38)   terrorist threats, in violation of Section 422;
     (39)   any attempt to commit a crime listed in this subdivision other than an assault;
     (40)   any violation of Section 12022.53; and
     (41)   any conspiracy to commit an offense described in this subdivision.

A.    PROJECT SUPERVISOR OR FOREMAN
                                                                                         110 of 146




                                 SPECIAL CONDITIONS

A.   Time of Performance: Installation of roofing systems by CONTRACTOR shall be
     coordinated with the representative of the DISTRICT, in order to meet the completion
     schedule for the project. CONTRACTOR will receive a letter of intent from the
     DISTRICT by May 25, 2012. The contract signing meeting will be held on
     May 31, 2012. All contract documents will be due at that time.

     The roofing start date shall not be before the contract is signed unless agreed to, in
     writing, by the DISTRICT. All roofing work will be done by Friday, July 27, 2012.
     CONTRACTOR may work during the school day and/or during the weekend. Safety of
     students shall be of paramount concern if working during the school day.

     It is the CONTRACTOR’s responsibility to have the products ordered, delivered and
     stored as necessary to meet the project completion schedule.

     CONTRACTOR must give at least forty eight (48) hours notice to the DISTRICT
     representative identified in the District/Contractor Agreement prior to any
     deliveries being made to the DISTRICT.

B.   Liquidated Damages: The agreed liquidated damages established in Article 73 of the
     General Conditions is One Thousand Dollars ($1,500.00 ) per day for each calendar day
     the project is delayed.

C.   Contractor Default: If CONTRACTOR fails to furnish or deliver any or all related
     materials in a timely manner and/or fails to install the roof or related materials in a timely
     manner and/or provide any other service under the contract in a timely manner,
     CONTRACTOR shall be considered in default under the contract. Upon such default, the
     DISTRICT may, upon written notice to CONTRACTOR cancel the contract or purchase
     order in its entirety, or cancel or rescind any or all items affected by such default, and
     may, whether or not the contract is canceled in whole ir in part, purchase the materials,
     supplies or services elsewhere without further notice to the CONTRACTOR. The prices
     paid by the DISTRICT at the time of such purchases are made as a result of
     CONTRACTOR’s default shall be considered the prevailing market prices. Any extra
     cost incurred by such default may be collected by the DISTRICT from the
     CONTRACTOR, or deducted from any funds due CONTRACTOR.

D.   Invoices and Payments. Unless otherwise specified, CONTRACTOR shall submit
     invoices in triplicate for materials delivered or services performed under the contract.
     Invoices shall be submitted immediately in a form acceptable to the DISTRICT, under
     the same firm name as shown on the contract. The CONTRACTOR shall list separately
     any taxes payable by the DISTRICT and shall certify on the invoices that Federal Excise
     Tax is not included in the prices listed thereon. The DISTRICT shall make payment for
     materials, supplied, or services furnished under the contract within thirty (30) days of
     submittal of undisputed invoices and DISTRICT’s acceptance of the work, and subject to
                                                                                      111 of 146


     the provisions of the General Conditions and other contract documents.

E.   Pricing Warranty. CONTRACTOR warrants that the prices indicated in this Agreement
     do not exceed those charged to any other contractor purchasing the same services and
     materials in like or comparable quantities under like terms and conditions.

     The DISTRICT reserves the right to select between deliveries made as drop shipments or
     deliveries/set in place with complete assembly and all shipping materials removed.
     Therefore, the Bid Form provides for pricing column “A” for drop shipment and Column
     “B” for delivered/set in place. The DISTRICT reserves the right to select between pricing
     Column “A” and Column “B” during the term of the contract.

F.   Taxes. Taxes shall be included in unit bid prices. The DISTRICT will pay only the State
     Sales and Use Tax; however, California Use Tax will be paid to out-of-state contractors
     only when their permit number is shown on both their bid and invoices. Federal Excise
     Tax is not applicable, as school districts are exempt therefrom. The DISTRICT, upon
     request, shall furnish the CONTRACTOR a Federal Tax Exemption letter as may be
     required.

G.   On Site Project Manager: If requested by the DISTRICT, CONTRACTOR must provide
     a full-time project manager for the project. Such on-site project manager will have the
     following responsibilities:

     •      Determine schedules with the general contractor.

     •      Quote additive or deductive change orders.

     •      Coordinate with other trades.

     •      Alert the DISTRICT of any and all conflicts between the documents and site
            conditions, and offer solutions to those conflicts.

     •      Develop and maintain a safety program and hold regular safety meetings.

H.   Documents Furnished: DISTRICT will provide low bid CONTRACTOR with four (4)
     sets of the Project Documents at no charge. Additional sets requested by
     CONTRACTOR will be provided for Twenty Five Dollars ($25.00) per set.

I.   Bonds: CONTRACTOR shall provide (i) a bid bond in the amount of ten percent (10%)
     of the contract price; (ii) a payment bond in the amount of one hundred percent (100%) of
     the contract price; and (iii) a performance bond in the amount of one hundred percent
     (100%) of the contract price.

J.   Insurance: As provided in the General Conditions, CONTRACTOR shall take out, prior
     to commencing the work, and maintain, during the life of this contract, and shall require
     all subcontractors, if any, whether primary or secondary, to take out and maintain:
                                                                                 112 of 146




Workers Compensation Insurance:

(a)    Statutory amounts for State and applicable Federal requirements.
(b)    Employees Liability: $1,000,000.00 per occurrence/$1,000,000.00 aggregate.
(c)    Benefits required by Union Labor Contracts: As applicable.

Commercial General Liability Insurance (Including Premises Operations; Independent
Contractors’ Protective; Products and Completed Operations; Broad Form Property
Damage):

(a)    Bodily Injury - $1,000,000.00 per occurrence/$1,000,000.00 aggregate.
(b)    Property - $1,000,000.00 per occurrence/$1,000,000.00 aggregate.
(c)    Course of Construction (without exclusion or limitation) -
(d)    Products and Completed Operations Insurance shall be maintained for a minimum
       of three (3) years after final acceptance of the Project by the DISTRICT and
       CONTRACTOR shall continue to provide evidence of such coverage to
       DISTRICT on an annual basis during the aforementioned period.
(e)    Blanket Contractual Liability (Hold Harmless Coverage).


Comprehensive Automobile Liability (Owned, Non-Owned, Hired):
(a)  Bodily Injury - $1,000,000.00 combined single limit.
(b)  Property Damage - $1,000,000.00 each occurrence.

Insurance Covering Special Hazards: The following special hazards shall be covered
by rider or riders to above-mentioned comprehensive general liability insurance or
property damage insurance policy or policies of insurance, or by special policies of
insurance in amounts as follows:

               Automotive and truck where operated in amounts as above
               Material hoist where used in amounts as above

Construction Equipment Insurance: CONTRACTOR shall maintain policies of
insurance insuring their owned and/or rented equipment and materials. Any such policies
shall contain a provision requiring the CONTRACTOR’s insurer(s) to waive it’s right of
subrogation against the DISTRICT and the other named indemnitees.

Waiver of Subrogation Clauses: Any insurance policy provided by CONTRACTOR
hereunder shall contain a clause that the CONTRACTOR’s insurance carrier waives its
right to subrogation against the DISTRICT, its trustees, officers, agents, employees and
volunteers.
                                                                                        113 of 146


K.   Executed Copies: The number of executed copies of the Agreement, the Bid Bond,
     Performance Bond, and the Payment Bond required is three (3).

L.   License Classification: Each bidder shall be a licensed contractor pursuant to the
     Business and Professions Code and shall hold the appropriate license to perform the work
     under the project. Proof of previously stated certificates and licenses are required at time
     of bid opening. CONTRACTOR must meet Title 24 and all applicable building codes.

M.   Miscellaneous: (a)Contractor may use the temporary utilities that exist at the site of the
     project, (b)Contractor is not required to provide a temporary field office for a District
     Inspector, and (c)Contractor is not be required to provide temporary toilet facilities.

N.   Staging: The staging area shall be determined by the DISTRICT Representative.

O.   Pre-Installation Conference: A pre-installation conference shall be held with the District
     Inspector of Record and a trained representative of the manufacturer prior to
     commencement of field operations to establish procedures to maintain optimum working
     conditions and to coordinate this work with activities at the school site. Agenda for the
     meeting shall include a review of installation procedures and special requirements.
     Contact manufacturer’s representative: John Bennett, Independent, at (510) 332-1122.

P.   Roofing System: The roofing system must meet the all Specification requirements and
     be approved by District’s representative, District Inspector of Record, and manufacturer’s
     representative.
                                                              114 of 146




 ROOFING PROJECT SPECIFICATIONS




    PLEASANTON UNIFIED SCHOOL DISTRICT
                4750 First Street
             Pleasanton, CA 94566



               BID NO. 2011-12.06
          AMADOR VALLEY HIGH SCHOOL
           ADMINISTRATIVE BUILDING




                Date of Issue: Friday, April 20. 2012


      Mandatory Pre-Bid Walk-Through: Thursday, May 3, 2012
                    Amador Valley High School


         Bid Due Date and Opening: Friday, May 11, 2 p.m.




THIS DOCUMENT MUST REMAIN INTACT - DO NOT DETACH
                                             SUMMARY OF WORK



1.   PART 1 - GENERAL
1.1. RELATED DOCUMENTS:
     A.   Documents affecting work of this Section include, but are not necessarily limited to, General
          Requirements, bidding documents and drawings.
1.2. SUMMARY OF WORK:
     A.   Furnish and install roof materials, insulation, flashings, and miscellaneous materials on the following
          designated roof areas;
     B.   Work includes:
          1       Disconnect and remove all designated HVAC units.
                  Remove all existing ductwork.
                  Remove all built up roofing, insulation & flashing material
                  Correct or remove curbs to properly receive new HVAC units.
                  Install new HVAC units
                  Install new roofing & fascia metal systems
                  Install new duct work.
                  Reuse existing metal coping, clean and paint coping

1.3. INTENT OF THE SPECIFICATIONS:
     A.   To replace existing roofing, flashing, and HVAC systems with new , as specified.
1.4. PROTECTION:
     A.       The Contractor shall use every available precaution to provide for the safety of property owner, visitors
              to the site, and all connected with the work under the specification.
     B.   All existing facilities both above and below ground shall be protected and maintained free of damage.
          Existing facilities shall remain operating during the period of construction unless otherwise permitted.
          All access roadways must remain open to traffic unless otherwise permitted.
     C.   Barricades shall be erected to fence off all construction areas from operations personnel.
     D.   Safety Requirements
          1       All application, material handling, and associated equipment shall conform to and be operated in
                  conformance with OSHA safety requirements.
          2       Comply with federal, state, local and owner fire and safety requirements.
          3       Advise owner whenever work is expected to be hazardous to owner employees and/or operations.
          4       Maintain a crewman as a floor area guard whenever roof decking is being repaired or replaced.
          5       Maintain proper fire extinguisher within easy access whenever power tools, roofing kettles, and
                  torches are being used.
          6       ALL SAFETY REQUIREMENTS OF THE BUILDING OWNER MUST BE FOLLOWED. NO
                  EXCEPTIONS WILL BE PERMITTED. SAFETY ORIENTATION MEETING REQUIRED
                  PRIOR TO PERFORMING ANY WORK.
1.5. HOUSEKEEPING:
   A.   Keep materials neat and orderly.
   B.   Remove scrap, waste and debris from project area.
   C.   Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be
        in strict accordance with the "General Requirements" of this contract.
                                       NDL WARRANTY
             All roof areas of ADMINISTRATION BDLG. at AMADOR HIGH SCHOOL



1.      PART 1 - GENERAL
1.1.    RELATED DOCUMENTS:
        A.       Documents affecting work of this Section include, but are not necessarily limited to, General
                 Requirements, bidding documents and drawings.
1.2.    GENERAL
        A.       This portion of the specification sets forth the warranty requirements for the following roof area(s):
                 All roof areas of ADMINISTRATION BDLG. at AMADOR HIGH SCHOOL.
1.3.    WARRANTY
        A.       Quotations will include a 20 year no dollar limit, non prorated to be provided by the material supplier.
        B.       The material supplier will issue the warranty to the owner upon material supplier acceptance of the
                 project completion and full payment of all bills related to the project.
       C.    Warranty supplier shall provide Warranty supplier shall, as part of the warranty, provide one (1)
             maintenance visit within the first two (2) years of the warranty period. Documentation of the maintenance
             visits will be provided
             1     Roof Inspections
                   a     Visual inspection of the roof membrane and roof surface
                   b     Inspection of all rooftop equipment and penetrations to identify potential sources of water
                         entry including, but not limited to, the metal edge system, base flashings on equipment and
                         adjoining walls, counterflashing and termination details, soil stacks and vents, pitch pans,
                         skylights and access hatches, gutters, scuppers and drains.
                   c     Advise owner of missing drain dome strainers, cracked drain rings or bowls, and missing
                         clamps or bolts. Replacement of these items will be at owner’s expense.
             2     General Rooftop Housekeeping
                   a     Service will include removal of surface debris from the membrane, roof drains, gutters, and
                         scuppers, but not clogged pipes or plumbing.
                   b     Debris that will be removed include the following: Naturally occurring debris such as leaves
                         and branches; Trash which may clog drains such as bottles, newspapers or cups; Small items
                         which may damage the roof membrane if stepped on such as nails or screws
                   c     All debris will be disposed of at the owner’s approved site location
             3     Routine Maintenance
                   a     Sealant voids in termination bars, counterflashings and parapet caps will be touched-up as
                         required.
                   b     Exposed fasteners will be resealed on perimeter metal details where required.
                   c     All pitch pans will be refilled and topped off as required.
                   d     Metal projections (hoods and clamps) will be checked and resealed if required.
                   e     Soil stack leads will be inspected for cuts or holes and temporarily resealed when required with
                         appropriate materials until arrangements can be made for permanent repair.
4   Roof Inspections
    a    Visual inspection of the roof membrane and roof surface
    b    Inspection of all rooftop equipment and penetrations to identify potential sources of water
         entry including, but not limited to, the metal edge system, base flashings on equipment and
         adjoining walls, counterflashing and termination details, soil stacks and vents, pitch pans,
         skylights and access hatches, gutters, scuppers and drains.
    c    Advise owner of missing drain dome strainers, cracked drain rings or bowls, and missing
         clamps or bolts. Replacement of these items will be at owner’s expense.
                                           WOOD DECK REPAIRS



1.   PART 1 - GENERAL
1.1. RELATED DOCUMENTS:
     A.   Documents affecting work of this Section include, but are not necessarily limited to, General
          Requirements, bidding documents and drawings.
1.2. SUMMARY:
     A.   This portion of the specification sets forth the general requirements, including the quality and type of
          materials required for the installation of all lumber used for wood curbs, nailing strips, miscellaneous
          blocking material, unexposed fillers, fascias, edging strips, etc.
     B.   APPLICABLE ROOF SECTIONS:
          1    Roof Areas to be covered under this section: All roof areas of ADMINISTRATION BDLG. at
               AMADOR HIGH SCHOOL
1.3. STORAGE:
     A.   All material specified herein shall be stored (after delivery to the site) so that it will be fully protected
          from damage and weather, and shall be piled to prevent warpage. All lumber shall be fully protected to
          maintain the original required moisture content as specified in item titled "Moisture Content".
1.4. OTHER REQUIREMENTS:
     A.   Dimensions indicated on the drawings are nominal dimensions (except where details show actual sizes)
          and shall be subject to the standard reductions required for surfacing or tolerances permitted by the
          grading rules. Unless otherwise indicated on drawings, all material shall be S4S (surfaced four sides).
1.5. PROTECTION:
     A.   All finished work shall be adequately protected against damage from any source.
1.6. COORDINATION:
     A.   Carpenters shall coordinate their work with that of the other trades so that progress continues without
          interruption.

2.   PART 2 - PRODUCTS
2.1. WOOD DECK TYPE AND GRADE: GRADING RULES, GRADES, AND SPECIES
     A.   To match existing.
     B.   Plywood Grade: CDX or Cyme exterior Grade.
2.2. MOISTURE CONTENT
     A.   All lumber shall be air-dried or kiln-dried before treatment, so that the moisture content is not more than
          19%. After treatment, it shall be kiln-dried at temperatures not exceeding 160 degrees F. (71 degrees C)
          so that the moisture content is not more than 19% at time of shipment
2.3. WOOD TO WOOD FASTENERS:
     A.   Type: Galvanized, common, annular ring nail. Length: Sufficient to penetrate underlay blocking 1-1/4
          inches.
     B.   Acceptable Manufacturers:
          1    Olympic Manufacturing Group Inc. New Rochelle, NY
          2    Simplex Nails Americus, GA
          3    ITW Buildex Itasca IL

3.   PART 3 - EXECUTION
3.1. WOOD DECK REPAIR
     A.   Remove decayed wood decking planks, tongue and grove boards, and plywood sheathing as directed by
          owner. Per square foot price in addition to base bid amount as shown on Proposal & Bid Form.
     B.   Replace with new, like materials and fasten into place with specified fasteners.
     C.   End joints of the wood panels should be staggered and supported by framing members.
     D.   The unsupported, long dimensions of the panel edges are recommended to be confined with supporting
          “H” or other approved clips.
     E.   As recommended by APA, proper spacing or gaping must be provided when installing wood panel
          decking, thus allowing for expansion.
                           ROOF INSULATION FOR WOOD DECK TYPES




1.   PART 1 - GENERAL
1.1. RELATED DOCUMENTS:
     A.   Documents affecting work of this Section include, but are not necessarily limited to, General
          Requirements, bidding documents and drawings.
1.2. SUMMARY:
     A.   This portion of the specification describes materials and workmanship required for the installation of
          insulation over Wood decks.
     B.   All materials described herein shall be furnished and installed by the roofing contractor unless
          specifically noted otherwise.
     C.   Roof Areas covered under this section: All roof areas of ADMINISTRATION BDLG. at AMADOR
          HIGH SCHOOL
1.3. PRODUCT DELIVERY, STORAGE, AND HANDLING
     A.   Insulation shall be delivered to the site in an undamaged and dry condition. Material received that is not
          dry or is otherwise damaged shall be rejected.
     B.   Proper storage on or off the site shall be the responsibility of the roofing contractor.
     C.   Any unused insulation remaining on the roof at the end of the workday shall be returned to storage.
1.4. INSULATION - GENERAL
     A.   All insulation materials must be approved by the warrantor of primary roof membrane materials.
          Samples should be provided to the manufacturer and written approval from the warrantor of primary roof
          membrane materials is required before ordering these materials for the project.
     B.   Insulation boards shall be full size except when cutting is required at roof edges and openings. Boards
          that are broken, cracked, have been exposed to moisture, or are otherwise damaged shall not be used.
     C.   The proper installation and fit of wood nailers, blocking, and other rough carpentry in appropriate
          locations shall be verified prior to installation of roof insulation.
     D.   Caution shall be exercised with construction traffic to avoid damage to new insulation. Breaking or
          crushing of insulation is unacceptable and any damaged insulation shall be replaced at the roofing
          contractor's expense.
     E.   Insulation shall be laid with end joints staggered and all joints tight; however, boards shall not be forced
          into place.
     F.   No more insulation shall be installed during any work period than can be covered by all plies of roofing
          during the same work period. At the end of the work period, temporary edge seals shall be installed to
          protect the roof insulation. Upon resumption of work, they must be removed. Such seals shall consist of
          strips of roofing felt applied and topcoated with specified interply adhesive.
     G.   Insulation surfaces shall be cleared of all debris before roofing is placed.
     H.   All precautions should be made to prevent bitumen drippage during and after application of insulation
          and roofing materials.
2.   PART 2 - PRODUCTS
2.1. BASE SHEET
2.2. INSULATION
     A.   Insulation Types:
          1    First Layer: Dens Dek Board 1/4''
          2    Second Layer: Tapered Perlite 1/8'' slope
          3    Tapered edge strip: ASTM C728-82, perlite. tapered from 1-5/8 inch to 1/8 inch (on twelve inch
               dimension), size 12 x 48 inches or as approved by the system warrantor’s representative
          4    Cants: ASTM C728-82, perlite.
          5    Crickets: ASTM C728-82, perlite, factory fabricated, 1/2 inch slope, 2 x 4 feet dimension.
     B.   Insulation Adhesives and Fasteners:
          1    Hot Adhesive:
                   Type III Asphalt, ASTM D 312
                   Koch
                   GAF
                   Trumbull
          2    Fasteners:
               a     ES Products Inc. Bristol, RI
               b     ITW Buildex Itasca, IL
               c     Olympic Manufacturing Group Inc. New Rochelle, NY
               d     Simplex Nails Americus, GA
               e     Powers Rawl, Powers Fastening Inc. New Rochelle, NY
               f     Construction Fasteners Wyomissing, PA

3.   PART 3 - EXECUTION
3.1. CONDITION OF DECK
     A.   Prior to installing insulation, deck must be inspected and accepted by the roofing contractor. Contractor
          must verify deck slopes and determine if insulation stops and/or backnailing is required by the warranty
          supplier based on the system being installed. All deficiencies must be corrected prior to start of work.
     B.   The roofing contractor shall perform all other work of preparing the deck. When insulation is applied, the
          deck shall be dry and free of dew, frost, ice, and snow.
     C.   The roofing contractor shall notify the building owner's representative of any improper installations.
3.2. HEATING OF BITUMEN
     A.   Kettles shall be equipped with thermometers calibrated to indicate bitumen temperature and shall be free
          of any noncompatible materials.
     B.   Asphalt shall never be heated to or above its flash point. Avoid heating above manufacturer’s guidelines.
          Application temperature shall not vary more than 25 degrees F above or below the "equiviscous"
          temperature (EVT). The EVT represents the ideal mop-bucket temperature for good application. Cutting
          or any other alteration of bitumens will not be permitted.
     C.   Bitumen temperatures shall be checked regularly to insure compliance with the above requirements.
3.3. THERMAL INSULATION
   A.   First Layer:
        1    Mechanically attach insulation to deck, pattern and density to meet local code requirements,
             minimum four (4) fasteners per board.
        2    Install additional fasteners to ensure insulation is firm under foot.
        3    Drive mechanical fasteners as recommended by fastener manufacturer. Fastener must properly
             engage the deck, secure the insulation and not damage the insulation surface or facer.
   B.   Second Layer: Tapered system as required.
        1    Fully adhere insulation in a mopping of specified hot adhesive. All insulation shall be fully bonded
             to the substrate.
   C.   Insulation installation requirements:
        1    Stagger joints at least six inches.
        2    Install insulation boards in courses parallel to roof edges, mopping surface up.
        3    Firmly butt each insulation board to surrounding boards. Do not jam or deform boards.
        4    Maximum elevation variation between boards at joints: 1/8 inch.
        5    Cut and fit insulation boards where roof deck intersects vertical surfaces. Cut board 1/4 inch from
             vertical surface.
        6    All boards installed shall be 18 inches in length or width, minimum.
        7    Promptly spread any adhesive that may accumulate on insulation surface to achieve smooth surface
             for roofing installation.
        8    If warranty supplier requires backnailing of the plies due to slope, wood insulation stops or nailers
             shall be provided.
             a     The wood nailer thickness shall be equal to the thickness of the insulation so that a smooth
                   transition between the top surface of the membrane substrate and the top surface of the wood
                   nailer is achieved.
             b     Spacing of the wood nailers shall not exceed the recommendations of the warranty supplier.
3.4. TAPERED EDGE INSTALLATION
   A.   Tapered edge strips shall be adhered with the specified insulation adhesive.
   B.   Tapered edge strips are to be installed around all drains to form a continuous 48-inch square sump.
   C.   Tapered edge strips shall be used at perimeter roof edge where nailer and gravel stop is raised.
3.5. CANTS
   A.   Cant strips shall be installed at all 90-degree angles where the horizontal installation of insulation meets
        the vertical sides of roof penetrations and walls. Cants must be installed prior to application of membrane
        and flashings.
                    COOL BITUMINOUS ROOF SYSTEM SPECIFICATIONS.



1.   PART 1 - GENERAL
1.1. RELATED DOCUMENTS:
     A.   Documents affecting work of this Section include, but are not necessarily limited to, General
          Requirements, bidding documents and drawings.
1.2. GENERAL
     A.   This portion of the specification sets forth the general requirements and describes materials and
          workmanship for installing the specified roofing system.
     B.   Follow Membrane manufacturers guidelines
     C.   Roofing contractor shall furnish and install all materials described herein unless specifically noted
          otherwise.
     D.   This section is for work on roofs: All roof areas of ADMINISTRATION BDLG. at AMADOR HIGH
          SCHOOL
1.3. INSPECTION
     A.   Roofing contractor shall verify installation conditions as satisfactory to receive work, including deck
          slope which may require insulation stops and/or backnailing by the warranty supplier based on specified
          system.
     B.   The roofing contractor shall notify building owner, in writing of any defects in the substrate, and work
          shall not proceed until defects have been corrected.
     C.   Do not install new roofing until all unsatisfactory conditions are corrected. Beginning work constitutes
          acceptance of conditions.
     D.   Check projections, curbs, and deck for inadequate anchorage, foreign material, moisture, or unevenness
          that would prevent quality and execution of new roofing system.
     E.   Start of work by the roofing contractor shall imply approval of deck surfaces and site conditions; and no
          claim in this respect will be considered valid in case of failure of the roofing components within the
          guarantee period.
     F.   Roofing contractor shall verify that work of other trades penetrating roof deck or requiring workers and
          equipment to transverse roof deck has been approved by owner, roofing system warrantor, and roofing
          contractor.
1.4. SCHEDULE
     A.   Installation of the new roofing system should be scheduled after all other major rooftop construction is
          complete to minimize potential for damage to the new roofing system by others.
1.5. QUALITY ASSURANCE
     A.   The roofing and associated work shall be contracted to a single firm, called the roofing contractor
          hereafter, specializing in the type of roofing required, so that there will be undivided responsibility for the
          performance of the work.
1.6. PRE-ROOFING CONFERENCE
     A.   Related section: SECTION 01200 - PROJECT MEETINGS
   B.   A pre-roofing conference shall be held at the project site in advance of the time scheduled for roofing
        work. The purpose of this conference is to review requirements for the work and conditions that could
        possibly interfere with successful performance of the work. This conference shall review existing
        conditions and deck surfaces, roof insulation, roofing, flashing, and any other items related to the roof
        system. Every party who is concerned with the work, or required to coordinate with it or to protect it
        thereafter, should attend this conference, including the authorized representative of building owner, the
        roofing system warrantor, and the roofing contractor. A record of all decisions and agreements made at
        this meeting, as well as a list of attendees shall be recorded for the job record. The building owner's
        representative is responsible for this documentation and shall initiate and chair this meeting.
1.7. SUBMITTALS
   A.   Related section: SECTION 01300 - SUBMITTALS
   B.   Prior to starting work, the roofing contractor shall submit 3 copies of the technical data on roofing
        materials, including material specifications, Material Safety Data Sheets, and installation procedures.
1.8. JOB CONDITIONS
   A.   Roofing work shall proceed only when weather conditions will permit the work to proceed in accordance
        with the roofing system warrantor’s recommendations.
1.9. FIRE AND SMOKE PROTECTION
   A.   Kettles shall be located so as to prevent damage to buildings or other property. They shall not be
        positioned on roof decks. Mops shall be spun at the end of work periods to separate the strands, and shall
        be stored in that conditions to prevent spontaneous combustion. Fire extinguishers shall be provided near
        kettles for immediate use.
1.10. SAFETY PRECAUTIONS
   A.   All owner’s and OSHA safety rules shall be adhered to in the execution of this work. The fumes of hot
        bituminous materials may be toxic to some workers. Adequate protection shall be provided, to prevent
        burns and skin irritation, in accordance with building owner safety requirements.
1.11. ROOF TRAFFIC
   A.   After work on roof is started, no traffic will be permitted on the roof other than that necessary for the
        roofing application and inspection. Materials shall not be piled on the roof to the extent that design live
        loads are exceeded. Roofing materials shall not be transported over unfinished or finished roofing or
        existing roofs unless adequate protection is provided.
   B.   Any damage to existing roofs shall be repaired as directed by building owner at no expense to building
        owner.
1.12. PROTECTION AGAINST SOILAGE
   A.   Surface of walls, walks, pavements, adjacent property, etc., shall be protected as necessary to prevent
        soiling or other damage resulting from the application of roofing or transporting of materials. If surfaces
        are stained or damaged in any way, they shall be restored by this contractor, at no cost to building owner,
        in a manner acceptable to building owner.
   B.   Felt envelopes shall be installed where required to prevent bitumen drippage. Follow NRCA guidelines
        for felt enveloping techniques.
1.13. PRODUCT DELIVERY, STORAGE, AND HANDLING
   A.   Related section: SECTION 01600 - MATERIAL AND EQUIPMENT
   B.   Materials shall be delivered to the site in an undamaged and dry condition.
   C.   Material received which is not dry or is otherwise damaged shall be rejected. Storage should be either in a
        heated building or in a warehouse or similar type structure at ambient temperature and humidity.
        Conditions should be such that the moisture content of felts at time of use does not exceed the
        equilibrium moisture content (EMC) at 75% RH.
     D.   Rolls of flashing and felts shall be stacked on their ends and never in contact with the ground.
          Bituminous emulsions shall be stored at temperatures above freezing.
     E.   Proper storage on or off the site shall be the responsibility of the roofing contractor.
     F.   Any unused roofing felt remaining on the roof at the end of the workday shall be returned to storage.
1.14. WORK SEQUENCE
     A.   Once work is started on a roof or section, it shall continue without undue delay until that section is
          completed before starting another. The installation of flashings shall follow application of the roofing
          immediately.
1.15. FINAL INSPECTION
     A.   Related section: SECTION 01200 - PROJECT MEETINGS
     B.   Upon completion of the installation, an inspection shall be made by a representative of building owner to
          ascertain that the roofing system has been installed according to the roofing system published
          specifications and details. The warranty will be issued upon warrantor’s approval of the installation and
          payment for all materials and fees.
1.16. ADJUSTMENT AND REPAIR
     A.   Any roofing damaged or misapplication shall be repaired or replaced as designated by the building owner
          and roofing system warrantor. Repairs or replacement will be made by the contractor at no expense to
          building owner.
1.17. ROOFING WARRANTY
     A.   Related section: SECTION 01740 - WARRANTIES
     B.   Upon project completion, acceptance by building owner and warrantor, and payment of all materials and
          fees, the specified warranty will be issued.

2.   PART 2 - PRODUCTS
2.1. GENERAL
     A.   Comply with Quality Control, References, Specification, and Manufacturer's data. Where conflict may
          exist, requirements that are more stringent govern.
     B.   Provide primary products, including each type of roofing sheet (felt), bitumen, base flashings,
          miscellaneous flashing materials, and sheet metal components from a supplier/manufacturer, which has
          produced that type of product successfully for not less than three (3) years. Provide secondary products
          (insulation, mechanical fasteners, lumber, and etc.) only as recommended by the warrantor of primary
          products for use with roofing system specified.

     C.   APPROVED SUPPLIERS OF ROOFING SYSTEM

          FLEX ROOFING MEMBRANE SYSTEMS
          SR PRODUCTS
          VIRIDIAN ROOFING SYSTEMS
          Or District Preapproved equal.
2.2. MULTI-PLY ROOFING MATERIALS
     A.   Sheet Materials
          1    Ply Sheets: Poly Max ply sheet or approved equal
          2    Cap Sheet:
                   Test                                          Typical Value                          Test Method
                   Dimensional Stability                         0.5%                                  ASTM D 1204
               Elongation                              27% MD                                ASTM D 751
                                                       28% XMD
               Breaking Strength                       207 lbs. MD                           ASTM D 751
                                                       265 lbs. XMD
               Membrane Thickness (Nominal)            .050                                  ASTM D 751
               Cold Resistance                         -35°F                               ASTM D 2136
               Initial Solar Reflectance (Albedo)      0.87                                  ASTM E 903
               Fire Resistance                         Pass, Class A                UL 790 / ASTM E 108
               Emissivity                              0.95                                  ASTM E 408
B.   Coatings and Adhesives:
     1    Interply Adhesive:
               Type III Asphalt, ASTM D 312
               Koch
               GAF
               Trumbull
     2    Cap Sheet Adhesive:
              Type IV Asphalt, ASTM D 312
              Koch
C.   Related Membrane Roofing System Materials
     1    Asphalt Primer:
              Test                                     Typical Value                        Test Method
              Asbestos Content                         0%                              EPA 600/R-93/116
              Viscosity                                100-200 cps                        ASTM D 2196
              Density                                  7.2 lbs/gal.                       ASTM D 1475
              Solids by Weight                         43%                                ASTM D 4479
              Penetration at 77°F (25°C)               20-50                                ASTM D 41
              Flash Point                              101ºF minimum                        ASTM D 93
     2    Asphalt Mastic:
              Test                                     Typical Value                        Test Method
              Asbestos Content                         0%                              EPA 600/R-93/116
              Non-Volatile Matter by Weight            76-82%                             ASTM D 4586
              Viscosity @ 77°F                         450,000 - 950,000 cps              ASTM D 2196
              Density @ 77°F                           9.5 - 10.0 lb/gal.                 ASTM D 1475
              Resistance to Sag @ 140°F                1/8" maximum                       ASTM D 4586
              Adhesion to Wet Surfaces                 55%                                ASTM D 3409
              Moisture by Weight                       1.5%                               ASTM D 4586
              Mineral or Other Stabilizers by Weight   38%                                ASTM D 4586
              Asphalt by Weight                        40%                                ASTM D 4586
              Uniformity & Workability                 Acceptable as described            ASTM D 4586
              Behavior @ 140°F                         No blistering                      ASTM D 4586
              Pliability @ 32°F                        No cracking/separation               ASTM D 45
D.   Cap Sheet Related Materials
     1    Strip-In Membrane:
               Strip-In Membrane is a 6” wide Dupont Elvaloy® modified thermoplastic polyester reinforced
               membrane specifically designed to be utilized with HK 5001 Surface Membrane roof systems.
               Hot air application for quick and efficient installation.
3.   PART 3 - EXECUTION
3.1. MEMBRANE (Note: It is the contractor’s responsibility to determine backnailing requirements of membrane
     manufacturer and follow those requirements.)
     A.   Membrane Installation:
          1    Two plies of specified sheet shall be embedded into fluid, continuous applications of specified
               adhesive. The starter sheets and plies shall begin at the starting/low point of the roof and run parallel
               to the ridge or high point of roof.
          2    Starter sheets shall be installed to maintain a minimum 2” side lap and there shall be a minimum of
               two plies at all locations. Starter strips shall be installed according to NRCA guidelines.
          3    The asphalt shall be heated in accordance with the Equiviscous Temperature (EVT) concept and
               applied within the EVT temperature range (EVT ± 25°F [± 14°C]). Asphalt application shall result
               in approximately 25 pounds of asphalt (± 25% on a total job average basis) per roof square between
               each ply.
     B.   Cap Sheet Installation:
          1    Starting at the lowest point of the roof, unroll, dry set and align specified cap sheet as indicated on
               approved shop drawings.
          2    Align the cap sheet to position the selvedge to the factory lap line marked on the previous roll.
               Upon alignment, specified cap sheet is folded halfway back upon itself from the end lap direction.
          3    Specified adhesive is applied with full coverage to substrate - hot asphalt (minimum rate of 25
               lbs/100 sq. ft.); cold substrate adhesive (1-1/2 – 2 gal/100 sq. ft.).
          4    Hold back specified adhesive 3” from the start of selvedge.
          5    Cap sheet is hand introduced into adhesive.
          6    Cap sheet must be firmly broomed into adhesive and then rolled with a roller (minimum 200 lbs.) to
               insure proper adhesion.
          7    All seams to be made using the hot air welding method with a minimum 2” full weld at edge. Hand
               held hot-air welder, 115 volt, 1500 watt power minimum. Motorized hot-air welder, 220 volt, 5000
               watt power minimum. Generator minimum output of 7500 watts required.
          8    All welded seams to be probed. Voids corrected and specified seam sealer applied daily, as work is
               completed.
          9    Roll ends of the cap sheet are butted and then capped with specified 6” hot-air welded strip-in
               membrane. All edges are probed and sealed with seam sealer.
          10   At the completion of each working day, cap sheet is lapped onto existing roof surfacing, secured
               with specified adhesive and fully sealed with edge sealant. Remove and discard the lapped
               membrane at the start of the next workday.
          11   At no time will hot asphalt adhesive be permitted to contact the top surface of membrane.
          12   Roof traffic on applied areas of membrane must be restricted to eliminate asphalt staining of the top
               surface.
     C.   Membrane installation further requirements:
          1    Follow warranty supplier's recommendations for backnailing requirements.
          2    Place ply sheets to ensure water will flow over or parallel to, but never against, exposed edges.
          3    When using adhesives, ply should never touch ply even at roof edges, laps, tapered edge strips, and
               cants.
        4    Apply specified adhesive no more than ten feet ahead of each roll being embedded, less in cool
             weather.
        5    Avoid excessive application of adhesive over top ply, leave top ply exposed with minimal adhesive
             at ply lines or back-line on the insulation.
        6    Light brooming or squeegeeing may be required to aid adhesion of ply sheets, base sheets, and/or
             cap sheets.
        7    Avoid traffic on all newly installed membrane.
        8    Overlap previous day's work 24 inches.
        9    Lap ply sheet ends six inches. Stagger end laps twelve inches minimum.
        10   Fit plies into roof drain rims, install metal flashing and finishing plies, secure clamping collars, and
             install domes.
        11   Cut out fishmouths/side laps that are not completely sealed. Replace all sheets that are not fully and
             continuously bonded.
        12   Roof is to be inspected and approved by representative from roof system warrantor before
             application of surfacing.
3.2. DAILY WATERSTOP/TIE-INS
   A.   Install "deadman" insulation filler at insulation staggers.
   B.   Extend roofing plies at least twelve inches onto prepared area of adjacent roofing. Embed plies into
        Specified Interply Adhesive. Strip edges with twelve-inch wide ply sheet embedded completely in
        alternate uniform courses of Specified Interply Adhesive.
   C.   At beginning of next day's work, remove temporary connection by cutting felts evenly along edge of
        existing roof system. Remove "deadman" insulation fillers.
3.3. ADJUSTING AND CLEANING
   A.   Repair of Deficiencies: Installations or details noted as deficient during inspections must be repaired and
        corrected by applicator, and made ready for reinspection within five working days.
   B.   Clean up: Immediately upon job completion, roof membrane and flashing surfaces shall be cleaned of
        debris.
 ELVALOY MODIFIED THERMOPLASTIC FLEXIBLE FLASHING AND SHEET METAL




1.   PART 1 - GENERAL
1.1. RELATED DOCUMENTS:
     A.   Documents affecting work of this Section include, but are not necessarily limited to, General
          Requirements, bidding documents and drawings.
1.2. GENERAL
     A.   This portion of the specification sets forth the general requirements and describes materials and
          workmanship for installing the flashings and sheet metal on the roofing systems specified.
     B.   All materials described herein shall be furnished and installed by the roofing contractor unless
          specifically noted otherwise.
     C.   This section is for work on roofs: All roof areas of ADMINISTRATION BDLG. at AMADOR HIGH
          SCHOOL
     D.   Work shall be in accordance with Architectural Sheet Metal Manual, latest edition, as issued by Sheet
          Metal and Air Conditioning Contractors' National Association, Inc., (SMACNA).

2.   PART 2 - PRODUCTS
2.1. MECHANICAL FASTENERS
     A.   Sheet Metal or Elvaloy modified thermoplastic laminated sheet metal to Masonry
          1    Tapcon 1/4-inch diameter, Phillips flat head anchors with EPDM washer by Buildex Div. of ITW,
               Itasca, IL.
          2    Length: Sufficient to provide 1-1/4 inch embedment.
     B.   Sheet Metal or Elvaloy modified thermoplastic laminated sheet metal to Curbs
          1    Fab-lok Fac 10-8 stainless steel screw, aluminum sleeve by Textron Fastening Systems, Providence,
               RI.
     C.   Stainless sheet steel to wood blocking:
          1    Roofing nails: stainless steel wire, flat head, diamond point, round, barbed shank.
          2    Length: Sufficient to penetrate wood blocking 1-1/4 inches minimum.
     D.   Galvanized sheet steel or Elvaloy modified thermoplastic laminated sheet metal to wood blocking:
          1    Stainless steel roofing nails; galvanized steel wire, flat head, diamond point, round and barbed
               shank.
          2    Length: Sufficient to penetrate wood blocking 1-1/4 inches minimum.
     E.   Base Flashing to Masonry
          1    Masonry nail by Simplex Nail, Inc., Americus, GA.
          2    King-Con Concrete & Masonry Nail Anchor with Plate by ITW Buildex, Itasca, IA.
2.2. METAL FLASHING
     A.   Plumbing vents:
        1    Prefabricated plumbing vent flashings, 4 lb lead
   B.   Pitch pan and bonnets (pitch pan metal needs to be Elvaloy® coated for heat welding membrane to
        flange):
        1    Clad Metal is manufactured with G-90 galvanized steel, laminated with an Elvaloy® modified high
             performance thermoplastic membrane.
   C.   Bonnets:
        1    Prefabricated penetration flashings.
   D.   Reglet sealant:
                  Test                                     Typical Value                          Test Method
                  Rheological (sag in vertical displace-
                      ment at 120°F (49°C)                 No sag                                ASTM C 639
                  Extrusion Rate                           2 seconds                             ASTM C 603
                  Hardness Properties (Shore A)            25 + 5                               ASTM D 2240
                  Movement Capability                      + 25%                                 ASTM C 719
                  Weight Loss, After Heat Aging            9%                                    ASTM C 792
                  Cracking and Chalking, After Heat Loss   None                                  ASTM C 792
                  Stain and Color Change                   Passes (no visible stain)             ASTM C 519
                  Tack-Free Time at 77°F (25°C),           16 – 24 hours                 Fed. Spec. TT-S-230c
                      50% R.H.
                  Cure Time at 77°F (25°C), 50 R.H.        4 – 7 days                               Observed
                  Tensile Strength at 77°F (25°C)          250 psi                              ASTM D 412
                  % Elongation                             500%                                 ASTM D 412
                  Accelerated Aging                        No physical damage                   ASTM C 793
                  Asbestos Content                         0%                               EPA 600/R-93/116
   E.   Wall Counterflashing Systems:
        1    24 Gauge Galvanized Steel
   F.   Gravel stop and fascia systems: FACTORY fabricated metal components , as by METAL ERA
        SYSTEMS
   G.   Coping and Area divider covers: EXISTING METAL COPINGS TO BE REUSED. Contractor to
        remove, clean and repaint (color to be approved by DISTRICT), and reinstall.

2.3. FLEXIBLE FLASHINGS:
   A.   Flashing Ply Sheet:
        1    Flashing Base Ply Felt:
                  Test                                     Typical Value                          Test Method
                  Tensile Strength                         100 lbf/in MD                         ASTM D 146
                                                            85 lbf/in XMD
                   Elongation                              45 % MD                               ASTM D 146
                                                           50 % XMD
                   Tensile Tear Strength                   115 lbf. MD                          ASTM D 4073
                                                            85 lbf XMD
                   Asbestos Content                        0%                              EPA/600/R-93/116
                   Fire Resistance                         Pass, Class A                 ASTM E 108/UL 790
                   Thickness                               60 mils                            ASTM D 1777
                   Pliability                              Pass                                ASTM D 146
                   Asphalt                                 16 lbs/100 ft2                      ASTM D 146
                   Surfacing                               10 lbs/100 ft2                      ASTM D 146
                   Roll Dimensions                         39-½" x 67'                         ASTM D 146
                   Average Roll Weight                     71 lbs                              ASTM D 146
                    Compatibility of Felt Coating With      Oliensis Test, No Exudate         ASTM D 1370
                      Asphalt Roofing Bitumen
                    Average Minimum Adhesion Strength                                         ASTM D 1876
                      to Felt Coating After Conditioning:
                        1) 24 Hrs. @ 73°F                   12.9 lbf/in
                        2) 7 Days @ 73°F                    12.5 lbf/in
                        3) 30 Days @ 73°F                   10.7 lbf/in
                        4) 6 Months @ 73°F                  13.0 lbf/in
                    1 Year @ 73°F                            9.3 lbf/in
         2    Flashing Top Ply:
                   Test                                     Typical Value                      Test Method
                   Dimensional Stability                    0.5%                             ASTM D 1204
                   Elongation                               24% MD                       ASTM D 751 / D 638
                                                            27% XMD
                    Breaking Strength                       220 lbs. MD                        ASTM D 751
                                                            274 lbs. XMD
                    Membrane Thickness (Nominal)            .045                                 ASTM D 751
                    Cold Resistance                         -40°F                              ASTM D 2136
                    Initial Solar Reflectance (Albedo)      0.87                                 ASTM E 903
                    Fire Resistance                         Pass, Class A               UL 790 / ASTM E 108
                    Emissivity                              0.95                                 ASTM E 408
    B.   Adhesives and Coatings:
         1    Flashing Base Ply Adhesive:
                   Type III Asphalt, ASTM D 312
                   Viridian Systems, Solon, OH
                   Koch
                   GAF
                   Trumbull
         2    Flashing Top Ply Adhesive:
                   Test                                     Typical Value                       Test Method
                   Asbestos Content                         0%                             EPA 600/R-93/116
                   Viscosity @ 77°F                         400,000 - 600,000 cP              ASTM D 2196
                   Density                                  9.1 - 9.3 lbs/gal.                ASTM D 1475
                   Flash Point                              80°F                                ASTM D 93
                   Solids by Weight                         73%                               ASTM D 1353
                   Accelerated Aging                        2000 hrs - No signs of            ASTM D 4586
                                   deterioration of film
2.4. Accessories:
    A.   Membrane Related Accessories:
         1    Reinforcing Fabric:
                   Test                                     Typical Value                      Test Method
                   Weight                                   9.0 lbs./ 100 sq. ft.             ASTM D 1668
                   Fabric Count                             10 x 10                           ASTM D 1668
                   Tensile (Warp and Fill Directions)       75 lbf/in., min.                  ASTM D 1668
                   Moisture Absorption                      None                              ASTM D 1668
         2    Asphalt Mastic:
                  Test                                      Typical Value                       Test Method
                  Asbestos Content                          0%                             EPA 600/R-93/116
                  Non-Volatile Matter by Weight             76-82%                            ASTM D 4586
                  Viscosity @ 77°F                          450,000 - 950,000 cps             ASTM D 2196
                  Density @ 77°F                            9.5 - 10.0 lb/gal.                ASTM D 1475
               Resistance to Sag @ 140°F                 1/8" maximum                           ASTM D 4586
               Adhesion to Wet Surfaces                  55%                                    ASTM D 3409
               Moisture by Weight                        1.5%                                   ASTM D 4586
               Mineral or Other Stabilizers by Weight    38%                                    ASTM D 4586
               Asphalt by Weight                         40%                                    ASTM D 4586
               Uniformity & Workability                  Acceptable as described                ASTM D 4586
               Behavior @ 140°F                          No blistering                          ASTM D 4586
               Pliability @ 32°F                         No cracking/separation                  ASTM D 45
     3    Pitch Pocket Sealant:
               Test                                      Typical Value                           Test Method
               Asbestos Content                          0%                                 EPA 600/R-93/116
               Non-Volatile Matter by Weight             76-82%                                ASTM D 4586
               Tensile Strength @ 77°F                   32-40 psi                              ASTM D 412
               Elongation @ 77°F                         100%                                   ASTM D 412
               Resistance to Sag @ 140°F                 1/8" maximum                          ASTM D 4586
               Adhesion to Wet Surfaces                  75%                                   ASTM D 3409
               Moisture by Weight                        2.0%                                  ASTM D 4586
               Mineral or Other Stabilizers by Weight    35%                                   ASTM D 4586
               Asphalt by Weight                         43%                                   ASTM D 4586
               Uniformity & Workability                  Acceptable as described               ASTM D 4586
               Behavior @ 140°F                          No blistering                         ASTM D 4586
               Pliability @ 32°F                         No cracking/separation                ASTM D 4586
     4    Asphalt Primer:
              Test                                       Typical Value                           Test Method
              Asbestos Content                           0%                                 EPA 600/R-93/116
              Viscosity                                  100-200 cps                           ASTM D 2196
              Density                                    7.2 lbs/gal.                          ASTM D 1475
              Solids by Weight                           43%                                   ASTM D 4479
              Penetration at 77°F (25°C)                 20-50                                   ASTM D 41
              Flash Point                                101ºF minimum                           ASTM D 93
     5    Flashing Tape:
               Test                                      Typical Value                           Test Method
               Solids by Weight                          100%                                  ASTM D 1353
               Rubber Modifier                           Polyisobutylene           Fourier Transform-Infrared
                                                         (Butyl Rubber)                         Spectrosocpy
               Hardness Shore ”A”                        20 durometer @ 77°F                   ASTM D 2240
B.   Cap Sheet Accessories:
     1    Detail Membrane:
               Detail Membrane is a non-reinforced Dupont Elvaloy® modified thermoplastic membrane
               suitable for detail construction on Elvaloy Modified Thermoplastic Membrane roof systems.
               Heat welded for quick and effective installation.
     2    Pipe Flange:
               Pipe Flange is a pre-fabricated boot specifically designed to be utilized with Elvaloy Modified
               Thermoplastic Membrane roof systems. Hot air welded for quick and efficient installation.
     3    Outside Corners:
               Inside/Outside Corners are pre-fabricated and designed to be utilized with Elvaloy Modified
               Thermoplastic Membrane roof systems. Hot air welded for quick and efficient installation.
     4    Strip-In Membrane:
               Strip-In Membrane is a 6” wide Dupont Elvaloy® modified thermoplastic polyester reinforced
               membrane specifically designed to be utilized with HK 5001 Surface Membrane roof systems.
               Hot air application for quick and efficient installation.
3.   PART 3 - EXECUTION
3.1. BASE FLASHINGS
     A.   Preparation:
          1    Remove existing flashing materials to substrate. Replace damaged material in like kind.
          2    Prime vertical substrate with asphalt primer at approximate rate of one gallon per 125 - 150 sq. ft.
               NOTE: Over lightweight concrete, extend mechanically fastened base sheet over cants and up to
               finished flashing height in order to vent deck at flashing details.
          3    Install new roofing two inches beyond top edge of cant.
     B.   Base ply(s):
          1    Fully adhere one (1) ply of specified base flashing completely to flashing substrate, cant, and
               roofing. Flashing should extend a minimum of 8" and maximum of 14” above finished roof
               membrane.
     C.   Cap ply:
          1     Snap a chalk line 4” from toe of cant out onto roof membrane.
          2    Cut and dry fit one ply of top ply flashing membrane. Flashing must extend 4” beyond the toe of
               the cant onto the thermoplastic field membrane and a minimum of 8” in height. Allow for top ply
               flashing sections to overlap for a minimum of 2” hot air welds at vertical laps.
          3    Fully adhere top ply flashing above the cant using top ply flashing adhesive. Using a roof or
               masonry trowel, apply top ply flashing adhesive to the designated surface in a monolithic film
               (approximately 8-10 sq. ft. per gallon). Allow material to flash for a minimum of 15 minutes on
               days warmer than 70°F, and 30-45 minutes when temperatures are cooler than 70°F. Place flashing
               membrane into the still tacky top ply flashing adhesive and work smooth with roller pressure. Be
               sure to overlap cap sections a minimum of 2” with the overlap free of adhesive for hot air welding.
          4    Mechanically fasten top of flashing to substrate using aluminum termination bars fastened a
               minimum of 12” O.C.
          5    Seal top of termination bar with specified sealant.
          6    Dry laid area of top ply flashing extends over the cant and to chalk line that is 4” beyond toe of cant
               on field surface ply of thermoplastic membrane.
          7    Hot air weld toe of top ply flashing membrane to field surface membrane using minimum 2” welds.
          8    Hot air weld vertical laps of top flashing ply using minimum 2” welds.
          9    Apply seam sealer to all edges after all welds have been probed and corrected as required.
          10   Install specified counterflashing system as per detail drawings.
3.2. AT SINGLE AND MULTIPLE PENETRATIONS-SMALL PIPES & CONDUITS
     A.   Remove existing pitch pans.
     B.   Install roofing system onto wood blocking.
     C.   Install specified pitch pan(s) fabricated with clad metal and riveted flange corners around penetration(s)
          and attach flange to blocking 3” o.c.
     D.   Do not prime pan interior or projection if two-part pitch pocket sealant is used.
     E.   Cover vertical riveted seam of pitch pan with duct tape (see detail drawing).
   F.   Seal flange and vertical riveted seam with flashing with minimum 2” hot air weld to Elvaloy modified
        fleece backed thermoplastic field membrane and to clad metal flange.
   G.   Heat weld outside corners to all four (4) corners of pitch pan.
   H.   Fill to pitch pan 3/4” from top with non-shrink grout, allow to set up.
   I.   Apply edge sealant after probing and correcting difficult welds.
   J.   Seal top with specified pitch pan sealant.
   K.   All penetrations will receive a bonnet or watershed as shown in detail drawings.
3.3. AT PLUMBING VENTS
   A.   Remove existing flashing and clean to bare metal.
   B.   Wedge plumbing vent tight against deck.
   C.   Install prefabricated plumbing vent flashing.
   D.   Hot air weld flange to Elvaloy modified fleece backed thermoplastic membrane (minimum 2” weld).
   E.   Secure top of boot to pipe with a stainless steel draw band or clamp and seal with specified caulking.
        1     Apply edge sealant to flange weld after probing and correcting any voids.
3.4. EQUIPMENT STANDS - "I" BEAMS AND ANGLE IRONS
   A.   Remove existing flashing. Weld 1/4 inch plate steel (where required) to open portion of beam. Slope to
        shed water away from I-beam. Fill beam interior below sloped plate to roof deck with batt insulation.
        Install vertical and horizontal sections of wood blocking around column. Blocking height to be a
        minimum of 8 inches above final insulation surface. Provide tapered edge strip and cant around stand.
        Mechanically attach to deck; miter corners.
   B.   Install new roofing two inches beyond top edge of cant. Adhere base ply(s) of specified flashing
        membrane. Overlap section four inches. Extend flashing ply four inches beyond toe of cant.
   C.   Install Cap Ply of specified flashing membrane over the base ply. Nail cap flashing ply to wood curb six
        inches o.c.; extend 4 inches beyond cant, Mechanically fasten top of sheeting to substrate with one inch
        cap nails eight inches o.c. Hot air weld base to cap flashing ply to field membrane with 2” weld.
   D.   Apply seam sealer to all edges.
   E.   Fabricate and install new aluminum counterflashing. Mechanically fasten counterflashing to structural
        beam with compatible bar/fasteners. Extend counterflashing two inches below top of base flashing. Wipe
        clean top surface of counterflashing with metal cleaner. Caulk top of counterflashing, provide watershed,
        and tool neatly.
3.5. COPING
   A.   Install new wood blocking at flashing base. Provide tapered edge strip over installed insulation at
        blocking edge. Firmly butt tapered edge strip to blocking. Edge strip shall be properly adhered or
        attached to the substrate.
   B.   Properly adhere or attach cant strip securely to substrate and blocking.
   C.   Extend new roofing at least two inches beyond top edge of cant.
   D.   Adhere flashing base ply(s) and top ply to flashing substrate in a continuous application of flashing
        adhesive. Remove wrinkles and voids. Overlap sections four inches. Extend flashing ply four inches
        beyond toe of cant.
   E.   Surface flashing as specified.
   F.   Install joint cover as shown on detail drawing.
3.6. AT SCUPPERS
   A.   Remove existing scupper liners and membrane to wood blocking.
   B.   Replace rotted and untreated blocking as needed and approved by owner’s representative with new,
        treated wood blocking.
   C.   Install base membrane and base flashing ply(s) over wood blocking, into the port and out onto the roof 2
        feet in all directions, set in a bed of asphalt mastic.
   D.   Install surface field membrane.
   E.   Install pre-manufactured scupper formed from clad metal.
   F.   Install scupper head below outside of port and new downspouts.
   G.   Install cap-flashing ply with minimum 2” hot air welds to scupper flanges.
   H.   Wall flashing shall extend over flanges and roof membrane out 4” past cant.
   I.   Apply seam sealer to all edges.
3.7. AT GRAVEL STOP, AND FASCIA
   A.   Remove existing edge flashing system to wood blocking.
   B.   Replace rotted blocking as needed and approved by building owner's representative.
   C.   Provide tapered edge strip along gravel stop, over installed insulation at blocking edge. Firmly butt
        tapered edge strip to blocking. Fully adhere edge strip to insulation.
   D.   Solidly adhere roof membrane plies completely to insulation and blocking. Envelope felts. Ensure
        complete bond and continuity without wrinkles or voids.
   E.   Install fascia system and stripping plies according to detail drawings.
   F.   Heat weld edge of Elvaloy flashing to Elvaloy clad metal fascia flange and Elvaloy modified fleece
        backed thermoplastic field membrane with minimum 2” hot air welds.
   G.   Apply seam sealer to all edges after all welds have been probed and corrected as required.
   H.   Install new downspouts at spill-out scupper locations. Dimensions to match existing.
                                 SINGLE PLY FASCIA ROOF EDGING



1.   PART ONE - GENERAL
1.1. RELATED DOCUMENTS:
     A.   Documents affecting work of this Section include, but are not necessarily limited to, General
          Requirements, bidding documents and drawings.
1.2. SUMMARY:
     A.   Work included: Furnishing and installing factory fabricated and finished roof edging.
     B.   Roof Areas covered under this section: All roof areas of ADMINISTRATION BDLG. at AMADOR
          HIGH SCHOOL
1.3. REFERENCES:
     A.   Flashing system must be tested and have certification by Factory Mutual for wind uplift. (Consult
          manufacturer/supplier on applicable sizes and gauges).
     B.   Flashing system must meet ANSI/SPRI ES-1-98 design test requirements for the location, height and use
          of the building.
1.4. SUBMITTALS:
     A.   Design Pressures: Provide documentation that the product has been tested to withstand the following:
          1    Design Pressure Horizontal (outward pressure)
          2    Design Pressure Vertical (upward pressure)
     B.   Product Data: Provide specified product and installation data for all materials.
     C.   Shop drawings: Show profiles, joining method, location of accessory items, anchorage and flashing
          details, adjacent construction interface, and dimensions.
     D.   Samples: Available on request; sized to adequately represent material.
     E.   Submit Special Warranty and manufacturer/supplier’s performance certificates.
     F.   Submit Product Take Off Sheets: to adequately represent field dimensions and conditions
1.1. QUALITY ASSURANCE:
     A.   Certificates: Warrantor’s certificate of FM and ANSI requirements.

1.2. PRODUCT HANDLING:
     A.   All materials shall be delivered in the manufacturer/supplier’s original sealed, labeled containers.
     B.   Store materials in a dry, protected, well-vented area. Report damaged material immediately to delivering
          carrier and manufacturer/supplier.
     C.   Remove protective plastic surface film immediately after installation.
1.3. SUBSTITUTIONS
     A.   Shall be accepted only from bidding contractors a min. of 10 working days before bid due date; must
          meet performance standards of this specification.
1.4. JOB CONDITIONS:
     A.   Verify that other trades are complete before mounting coping covers.
     B.   Mounting surfaces to be straight, secure; substrates of proper width.
     C.   Refer to construction documents, shop drawings and fascia installation instructions.
     D.   Coordinate installation with roof membrane warrantor’s instructions before starting.
     E.   Installation contractor is responsible for actual field measurements.
1.5. FASCIA/ GRAVEL STOP WARRANTY:
     A.   Related section: SECTION 01740 - WARRANTIES
     B.   Upon project completion, acceptance by building owner and payment of all materials and fees, the
          specified system warranty will be issued.

2.   PART TWO - PRODUCTS
2.1. ROOF EDGING SYSTEM:
     A.   Flashing System: Decorative material fascia with continuous galvanized steel spring cant to terminate
          single-ply roofing at perimeter. The system shall be watertight with concealed joint splice plates and no
          exposed fasteners. Model shall be: Metal Era, as approved by membrane manufacturer.
     B.   Fascia Metal Type: .24 gauge, kynar coated
     C.   Face Height & Coverage: Sufficient to to mach existing..
     D.   Performance characteristics:
          1    Roof edging shall lock membranes, preventing wind pullback
          2    Fascia shall freely thermal cycle on spring cant substrate.
     E.   Fascia Standard length of 10'-0" (305 cm.) with matching concealed splice plates at all joints.
     F.   Spring cant: Shall be continuous type G90 galv. steel of 10'-0" (305 cm.) standard lengths.
     G.   Stainless Steel Fasteners: As recommended by the manufacturer/supplier per substrate application or
          supplied by manufacture. No exposed fasteners permitted.
2.2. ACCESSORIES:
     A.   Corners, end caps, pier caps, ledgecaps, downspouts, and other special fabrications shall be fabricated by
          the roof edging manufacturer/supplier.
     B.   Welding or "METAL-FLASH-LOCK" assembly shall be used to maintain watertight integrity.

3.   PART THREE - EXECUTION
3.1. INSPECTION:
     A.   Edging installation shall not disrupt other trades. Contractor to verify that substrate is dry, clean and free
          of foreign matter. Correct defects before proceeding.
3.2. INSTALLATION - SINGLE PLY FASCIA ROOF EDGING SYSTEM:
     A.   Follow warrantor’s installation instructions to insure proper design and installation.
     B.   Submit design drawings to Architect or Specifier for approval before fabrication .
     C.   Installer shall check as-built condition and verify warrantor’s details before fabrication.
     D.   Flashing sheets must be single-ply; not to exceed 60 mils thick.
     E.   Installer shall furnish mechanical fasteners consistent with warrantor’s instructions; suitable to substrates.
                                                 ROOF DRAINS



1.        PART 1 - GENERAL
1.1. RELATED DOCUMENTS:
     A.    Documents affecting work of this Section include, but are not necessarily limited to, General
           Requirements, bidding documents, Flexible Flashing and Sheet Metal and drawings.
1.2. GENERAL:
     A.    Existing drains will be re-worked, re-flashed, and deteriorated components replaced.
     B.    At start of each workday, drains within daily work area shall be plugged. Plugs to be removed at end of
           each workday or before arrival of inclement weather
     C.    All drains will require new flashing lead.
     D.    New drains to be installed as directed by building owner's representative.
     E.    Roof Areas to be covered under this section: All roof areas of ADMINISTRATION BDLG. at
           AMADOR HIGH SCHOOL

     F.    ALL DRAINS WILL BE CHECKED FOR OPEN, CLEAN , OPERABLE AND WATERTIGHTNESS.

2.   PART 2 - PRODUCTS
2.1. DRAIN ACCESSORIES
     A.    Replacement parts should be from same manufacturer of original drain.
     B.    New drains, when required, should be appropriate for existing conditions. Acceptable drain
           manufacturer’s are:
           1    Zurn, Erie, PA
           2    Smith, Montgomery, Alabama
           3    Josam, Michigan City, Indiana
     C.    Metal flashing:
           1    ASTM B29-79(1984), four lb. sheet lead.
           2    Soft copper drain flashing sheet.
     D.    Bitumen Stop: If bitumen stops are required (refer to detail drawing), see Flexible Flashing and Sheet
           Metal Requirements.

3.   PART 3 - EXECUTION
3.1. DRAINS
     A.    Existing drains
           1    Remove flashing collar. Clean. If broken, replace.
           2    Install tapered edge strip around drain to create 48 x 48 inch sump. Miter corners. Seal top of
                tapered edge to drain rim with fiberglass mesh embedded between alternate courses of asphalt
                mastic.
           3    Install multi-ply roofing or stripping plies into sump and onto drain rim (refer to detail drawing).
4    Apply 1/16 inch uniformly thick layer of asphalt mastic to surface receiving lead flashing.
5    Set single piece lead flashing (30” square minimum) in mastic centered over drain, extend lead six
     inches beyond drain rim. Neatly dress lead with wood block.
6    Prime lead with asphalt primer and allow to dry.
7    Install two plies fiberglass roof ply embedded in alternate courses of specified membrane adhesive
     over primed lead. Stripping plies shall extend two and four inches beyond edge of lead.
8    Reclamp flashing collar to drain in bed of mastic. If bolts are broken, drill and retap. If ladder
     clamps are installed, replace missing clamps.
9    Neatly cut lead within drain at rim, remove.
10   Install strainer.
11   Install bitumen stop where coal tar floodcoat is to be used (see detail drawing).
                             Skylight, Scuttle and Smoke Vent




                                                                              GASKETED FASTENERS
                                                                              MINIMUM TWO
                                                                              FASTENERS PER SIDE

                                                                              FASTENERS APPROX.
                                                                              8'' [200 mm] O.C.

                                                                              OPTIONAL: REMOVABLE SHEET
                                                                              METAL COUNTERFLASHING SEE
                                                                              NOTE No.1

                                                                              EXTENDED FIELD PLIES ABOVE
                                                                              HEAD OF CANT (NOT SHOWN
                                                                              FOR CLARITY)

                                                                              CANT
                                                                              REINFORCED MODIFIED
                                                                              THERMOPLASTIC FLASHING
   FLASHING HEIGHT




                                                                              MEMBRANE
      8" MINIMUM




                                                                              SPECIFIED BASE FLASHING PLY
                                                                               REINFORCED MODIFIED THEMOPLASTIC
                                                                               FLEECE BACKED MEMBRANE
                                                                              SPECIFIED BASE PLIES
                                                                              SPECIFIED SEAM SEALER

                                                                              COVERBOARD INSULATION

                                                                              THERMAL INSULATION




                                                                              ROOF DECK

                                                                              WOOD NAILERS AND CURB



WHERE THE SKYLIGHT, SCUTTLE, OR SMOKE VENT AND FRAME OVERLAPS THE BASE FLASHING AT
LEAST 3'' [75 mm], AND COVERS BASE FLASHING FASTENERS, THE REMOVABLE SHEET METAL
COUNTERFLASHING IS NOT REQUIRED.
                                Structural Member Through Roof Deck



                                                                                       WELDED PLATE SEALED
                                                                                       WATERTIGHT (BY
                                                                                       OTHERS)

                                                                                       INSULATE VOID TO PREVENT
                                                                                       CONDENSATION



                                                                                       FASTENERS - MINIMUM
                                                                                       TWO FASTENERS PER
                                                                                       SIDE
                                                                                       FASTENERS APPROX.
                                                                                       8'' [200 mm] O.C.
                                                                                       REMOVABLE SHEET METAL
                                                                                       COUNTERFLASHING
                                                                                       EXTENDED FIELD PLIES
                                                                                       ABOVE HEAD OF CANT (NOT
                                                                                       SHOWN FOR CLARITY)
                                                                                       REINFORCED MODIFIED
                                                                                       THERMOPLASTIC FLASHING
                                                                                       MEMBRANE
                                                                                    SPECIFIED BASE PLY
                                                                                    FLASHING
                                                                                             REINFORCED MODIFIED
                                                                                             THERMOPLASTIC
                                                                                             FLEECE BACKED MEMBRANE
                                                                                                   SPECIFIED SEALANT




                                                                                                        SPECIFIED BASE
                                                                                                        PLIES


                                                                                       COVERBOARD INSULATION

                                                                                       THERMAL INSULATION

                                                                                       ROOF DECK

                                                                                       CANT

                                                                                        WOOD NAILERS AND CURB




NOTES:
  THIS DETAIL ILLUSTRATES ONE METHOD OF ELIMINATING PITCH POCKETS. THE CURBED SYSTEM ALLOWS
  FOR MOVEMENT IN THE STRUCTURAL MEMBER WITHOUT DISTURBING THE ROOF SYSTEM.
  PENETRATIONS USING H, I, C, BEAMS/CHANNELS SHOULD BE AVOIDED. SQUARE OR ROUND TUBES ARE PREFERABLE.
                             Prefabricated Vent Pipe Flashing




                                                             PLUMBING VENT STACK


                                                             SPECIFIED SEALANT

                                                             DRAW BAND


                                                             REFABRICATED PIPE FLANGE
                                                                PLATES & FASTENERS

                                                                  HEAT WELDED 2" SEAM


                                                                    REINFORCED MODIFIED
                                                                    THERMOPLASTIC
                                                                    FLEECE BACKED MEMBRANE
                                                                         SPECIFIED BASE PLIES




                                                                      COVERBOARD INSULATION


                                                                      THERMAL INSULATION

NOTE:
PREFABRICATED PIPE FLANGES MAY NOT BE VERTICALLY CUT AND
WELDED BACK TOGETHER. IF FLANGE CANNOT BE SLID OVER THE
TOP OF THE PIPE, USE METHOD AS DESCRIBED IN HKG-21S. COVER            ROOF DECK
ANY ASPHALT RESIDUE ON PIPE WITH ALUMINUM TAPE PRIOR
TOINSTALLING MEMBRANE.
                               Plumbing Vent




                                                 PLUMBING VENT STACK



                                                 SPECIFIED SEALANT



                                                 DRAW BAND

                                                        SPECIFIED FLASHING (NON-
                                                        REINFORCED - 8" HEIGHT)
                                                        REINFORCED MODIFIED
                                                        THERMOSPLASTIC FLASHING
                                                        MEMBRANE
                                                                 SPECIFIED BASE PLIES
                                                                 COVERBOARD INSULATION
                                                                 SPECIFIED SEAM SEALER
        HEAT WELD
                                                                     REINFORCED MODIFIED
            4"      6" MIN.
                                                                     THERMOPLASTIC
           MIN.
                                                                     FLEECE BACKED
                                                                     MEMBRANE
                                              1" MIN.
                                                                        THERMAL INSULATION
                                                                        ROOF DECK




REROOFING NOTE:
ANGLE AT VENT PIPE/ROOF INTERSECTION SHALL BE 90 DEGREES... IF
METAL COLLAR EXISTS FROM BUR REMOVE IT PRIOR TO INSTALLATION
OF MEMBRANE. COVER ANY ASPHALT RESIDUE ON PIPE WITH
ALUMINUM TAPE PRIOR TO INSTALLATION OF MEMBRANE.
                                               Penetration Pocket


                                               DUCT TAPE
                                               PAN WALL
                                               SPECIFIED STRIPPING TURNED OVER TOP AND WELDED TO
                                               INTERIOR PAN WALL
                                               FLANGE (SPECIFIED CLAD METAL)

                                                RIVITED SPECIFIED CLAD CORNER (ALL FOUR)




                                                                                  SEALANT
              NOTE: FINISH THIS AND ALL FOUR
              CORNERS WITH PREFORMED HK 5000
              OUTSIDE CORNERS
                                                                                  DRAW BAND

                                                                                  WATERTIGHT SHEET METAL
                                                                                  RAIN COLLAR OVERLAPPING
                                                                                  PENETRATION POCKET

                                                                                  SPECIFIED CLAD METAL PAN WITH
                                                                                  HEM & RIVITED CLAD CORNERS
                                                                                  ON 4" FLANGE (SEE INSERT DETAIL)

                                                                                  4" MIN. FLANGE, FASTENED
                                                                                  3" O.C. OVER ROOFING
         APPROX. 1/4"
          CLEARANCE                                                               PLIES
         AT CORNERS
             SPECIFIED                                                                     SPECIFIED STRIPPING WITH
              SEALANT                                                                      2" HOT AIR WELDS TO
                                                                                           SPECIFIED FIELD SHEET &
PREFORMED SPECIFIED                                                                        SPECIFIED CLAD METAL
   OUTSIDE CORNERS
                                                                                               REINFORCED
                NON-SHRINK                                                                     MODIFIED
                    GROUT                                                                      THERMOPLASTIC
  SPECIFIED SEAM SEALER AT                                                                     FLEECE BACKED
EDGES OF ALL STRIPPING AND                                                                     MEMBRANE
      PREFORMED CORNERS                                                                            SPECIFIED BASE
                                                                                                   PLIES




                                                                                           COVERBOARD INSULATION
                                                                                           THERMAL INSULATION
                                                                                           ROOF DECK

        NOTES:
        1. PRIOR TO INSTALLATION, SEAL PENETRATION WITH ELASTIC FILL.

				
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